[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR214.402]

[Page 81]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 214_SENIOR EXECUTIVE SERVICE--Table of Contents
 
                      Subpart D_Types of Positions
 
Sec. 214.402  Career reserved positions.

    (a) The head of each agency is responsible for designating career 
reserved positions in accordance with the regulations in this section.
    (b) A position shall be designated as a career reserved position if:
    (1) The position (except a position in the Executive Office of the 
President):
    (i) Was under the Executive Schedule, or the rate of basic pay was 
determined by reference to the Executive Schedule, on October 12, 1978;
    (ii) Was specifically required under section 2102 of title 5, United 
States Code, or otherwise required by law to be in the competitive 
service; and
    (iii) Entailed direct responsibility to the public for the 
management or operation of particular government programs or functions; 
or
    (2) The position must be filled by a career appointee to ensure 
impartiality, or the public's confidence in the impartiality, of the 
Government.
    (c) The head of an agency shall use the following criteria in 
determining whether paragraph (b)(2) of this section is applicable to an 
individual position:
    (1) Career reserved positions include positions the principal duties 
of which involve day-to-day operations, without responsibility for or 
substantial involvement in the determination or public advocacy of the 
major controversial policies of the Administration or agency, in the 
following occupational disciplines:
    (i) Adjudication and appeals;
    (ii) Audit and inspection;
    (iii) Civil or criminal law enforcement and compliance;
    (iv) Contract administration and procurement;
    (v) Grants administration;
    (vi) Investigation and security matters; and
    (vii) Tax liability, including the assessment or collection of taxes 
and the preparation or review of interpretative opinions.
    (2) Career reserved positions also include:
    (i) Scientific or other highly technical or professional positions 
where the duties and responsibilities of the specific position are such 
that it must be filled by a career appointee to insure impartiality, of 
the Government.
    (ii) Other positions requiring impartiality, or the public's 
confidence in impartiality, as determined by an agency in light of its 
mission.
    (d) The Office of Personnel Management may review agency 
designations of general and career reserved positions. If the Office 
finds that an agency has designated any position as general that should 
be career reserved, it shall direct the agency to make the career 
reserved designation.
    (e) The minimum number of positions in the Senior Executive Service 
Governmentwide that must be career reserved is 3,571 as determined by 
the Director of the Office of Personnel Management under section 3133(e) 
of 5 U.S.C. To assure that this figure is met, the Office may establish 
a minimum number of career reserved positions for individual agencies. 
An agency must maintain or exceed this number unless it is adjusted by 
the Office.

[45 FR 62414, Sept. 19, 1980; 45 FR 83471, Dec. 19, 1980]