; and (2) for positions excepted from the competitive service by statute, determine which such positions are of a confidential, policy-determining, policy-making, or policy-advocating character and are not normally subject to change as a result of a Presidential transition. (d) Any petition under subsection (c)(1) shall include a written explanation for the basis for the agency head’s determination that such position should be placed in Schedule F, and the agency head shall publish such determination in the Federal Register. (e) When conducting the review required by subsection (b), each agency head should consider the appropriateness of either petitioning the Director to place in Schedule F or including in the determination published in the Federal Register, as applicable, positions whose duties include any of the following: (1) Substantive participation in the advocacy for or development or formulation of policy, especially— (A) substantive participation in the development or drafting of regulations and guidance; or (B) substantive policy-related work in an agency or agency component that primarily focuses on policy. (2) The supervision of attorneys. (3) Substantial discretion to determine the manner in which the Executive agency exercises functions committed to the agency by law. (4) Viewing, circulating, or otherwise working with proposed regulations, guidance, executive orders, or other non-public policy proposals or deliberations generally covered by deliberative process privilege and either— (A) directly reporting to, or regularly working with, an individual appointed by the President or an Executive agency head who is paid at a rate not less than that earned by employees at GS–13 of the General Schedule