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B-195418 1 (1979-07-30)

handle is hein.gao/gaobadhlg0001 and id is 1 raw text is: p44W X 0 'THE COMPTROLLER GENERAL DECIIONI OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-195418 DATE: July 30, 1979 MATTER OF FederalReserveBoard Cplicability of senior Executive Fervice fo DIGEST: Federal Reserve Act, as amended, expressly excepts the appointment and compensation of all employees of the Board of Governors, Federal Reserve System, from the provisions of the civil service laws and regulations. The Act must be given priority over a subsequently enacted statute applicable to Federal agencies generally, absent a clear indication that the Congress intended other- wise. Hence, the provisions of Civil Service Reform Act of 1978 establishing a Senior Executive Service do not apply to the employees of the Board. By letter dated July 10, 1979, the General Counsel of the Office of Personnel Management (OPM) has/requested our opinion whetherthe employees of the Board of Governors of the Federal Reserve System are subject to th Yvisions offttte-tV-of the Civil Service Reform Act of 1978, Puolic Law No. 95-454, October 13, 1978, 92 Stat. 1111, 5 U.S. C. §' 3131 et s., (establishing' a Government-wide Senior Executive Service (SES), designed to insure the high quality of Government executives. / (It is the position of OPM that the employees of the Board of Governors of the Federal Reserve Syste6(j deral Reserve Board) are subject to the provisions of Title Iof the Civil Fer- vice Reform Act governing the Senior Executive Service. OPM has found that the Board falls under the SES criteria contained in 5 U. S. C. § 3132(a), and thus is included under SEE, unless excluded by the President pursuant to 5 U.S. C. § 3132(c). OPM points to Executive Order No. 9004, dated December 30, 1941, which placed all positions under the Board of Governors in Schedule A, Positions Excepted Frg Ex mination, which there- %y-e14-e4-all Board emplo eesfom tne competitive service.) OPM argues that but for t xecutive order, the Board's em ployees would have been swept into the competitive service)by Executive Order No. 8743, dated April 23, 1941. Executive Order No. 8743 provided that all offices and positions in the executive civil service are covered into the classified civil ser- vice, unless excepted under Schedule A of the Civil Service Rules (and other exceptions not applicable).

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