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reasons for the noncompetitive appointments made under this section shall be published in the Commission's annual reports. § 3.3

Conversion of appointments.

Any person who acquires a competitive status under this part shall have his appointment converted to careerconditional appointment unless he meets the service requirement for career appointment prescribed under §2.2(a) of this subchapter.

PART 4-PROHIBITED PRACTICES (RULE IV)

Sec.

4.1 Prohibition against political activity. 4.2 Prohibition against racial, political or religious discrimination.

4.3 Prohibition against securing withdrawal AUTHORITY: The provisions of this Part 4 issued under 5 U.S.C. 3301, 3302.

SOURCE: The provisions of this Part 4 appear at 28 F.R. 10024, Sept. 14, 1963, unless otherwise noted.

§ 4.1 Prohibition against political activity.

No person employed in the executive branch of the Federal Government, or any agency or department thereof, shall use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No person occupying a position in the competitive service shall take any active part in political management or in political campaigns, except as may be provided by or pursuant to statute. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. § 4.2 Prohibition against racial, political or religious discrimination.

No person employed in the executive branch of the Federal Government who has authority to take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the competitive service shall make any inquiry concerning the race, political affiliation, or religious beliefs of any such employee, eligible, or applicant. All disclosures concerning such matters shall be ignored, except as to such membership in political parties or organizations as constitutes by law a disqualification for Government employment. No discrimination shall be exercised, threat

ened, or promised by any person in the executive branch of the Federal Government against or in favor of any employee in the competitive service, or any eligible or applicant for a position in the competitive service because of his race, political affiliation, or religious beliefs, except as may be authorized or required by law.

§ 4.3 Prohibition against securing withdrawal from competition.

No person shall influence another person to withdraw from competition for any position in the competitive service for the purpose of either improving or injuring the prospects of any applicant for appointment. The Commission is authorized to take such disciplinary action as it deems appropriate whenever it finds that any person has violated this section.

PART 5-REGULATIONS, INVESTIGATION, AND ENFORCEMENT (RULE V)

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(a) The Commission is authorized and directed to promulgate and enforce such regulations as may be necessary to carry out the provisions of the Civil Service Act and Rules, the Veterans' Preference Act, and all other applicable statutes or executive orders imposing responsibilities on the Commission.

(b) The Commission is authorized, whenever there shall be practical difficulties and unnecessary hardships in complying with the strict letter of its regulations, to grant a variation from the strict letter of the regulations if such variation is within the spirit of the regulations, and the efficiency of the Government and the integrity of the competitive service are protected and promoted: Provided, That whenever such a variation is granted the Commission shall record in the minutes of its proceedings (1) the particular practical

Commission.

difficulty or hardship involved, (2) what § 5.4 Enforcement authority of the is permitted in lieu of what is required by regulation, (3) the circumstances which protect or promote the efficiency of the Government and the integrity of the competitive service, and (4) a statement limiting the application of the variation to the continuation of the conditions which gave rise to the variation: Provided further, That similar variations shall be granted whenever similar conditions exist. All minutes approved under authority of this section shall be published in the Commission's annual reports.

§ 5.2 Authority of the Commission to make investigations.

The Commission may make appropriate investigations to secure enforcement of the Civil Service Act, Rules and Regulations, including investigation of the qualifications and suitability of applicants for positions in the competitive service. It may require appointments to be made subject to investigation to enable the Commission to determine, after appointments, that the requirements of law or the Civil Service Rules and Regulations have been met. Whenever the Commission finds that an employee serving under such an appointment is disqualified for Federal employment, it may instruct the agency to remove him, or to suspend him pending an appeal from the Commission's finding: Provided, That when an agency removes or suspends an employee pursuant to the Commission's instructions, and the Commission, on the basis of new evidence or an appeal, subsequently reverses the initial decision as to the employee's qualifications and suitability, the agency shall, upon request of the Commission, restore the employee to duty.

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(a) Whenever the Commission finds that any person has been appointed to or is holding a position in violation of the Civil Service Act, Rules or Regulations, or that any officer or employee in the executive branch has violated this order or any of the laws, rules or regulations administered by the Commission, it is authorized, after given due notice and opportunity for explanation to the officer or employee and the agency concerned, to certify the facts to the proper appointing officer with specific instructions as to discipline or dismissal or other corrective actions.

(b) Whenever the Commission finds that any officer or employee in the executive branch has failed to adhere to established policies, regulations, and standards relating to personnel management subject to the jurisdiction of the Commission, it shall instruct the agency head to take corrective action.

(c) Whenever, on the basis of an appeal by an employee, the Commission finds that its regulations prescribing procedures to be followed by agencies in connection with adverse actions for disciplinary reasons have not been followed, or that adverse action has been taken for political reasons except as may be required by law, or resulted from discrimination because of marital status, it shall instruct the agency to restore the employee to duty.

(d) Whenever the Commission issues specific instructions as to discipline or dismissal of an officer or employee, or to restore an officer or employee to duty, the appointing officer concerned shall comply with the Commission's instructions.

(e) If the appointing officer fails to carry out the instructions of the Commission issued under paragraph (a) of this section, the Commission shall certify the facts to the head of the agency concerned. If the head of the agency fails to carry out the instructions of the Commission within ten days after receipt thereof, the Commission shall certify the facts to the Comptroller General of the United States, and shall furnish a copy of such certification to the head of the agency concerned; and thereafter no payment shall be made of the salary or wages accruing to the emplovee concerned.

PART 6-EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI)

Sec.

6.1 Authority to except positions from the competitive service.

6.2 Schedules of excepted positions. 6.3 Method of filling excepted positions and status of incumbents.

6.4 Removal of incumbents of excepted positions.

6.5 Assignment of excepted employees. 6.6 Revocation of exceptions.

6.7 Movement of persons between the civil service system and other merit systems.

AUTHORITY: The provisions of this Part 6 issued under 5 U.S.C. 3301, 8802.

SOURCE: The provisions of this Part 6 appear at 28 FR. 10025, Sept. 14, 1963, unless otherwise noted.

§ 6.1

Authority to except positions from the competitive system.

(a) The Commission may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Commission's annual report for the fiscal year in which the exceptions are made. The exception from the competitive service is effective on publication in the FEDERAL REGISTER.

(b) The Commission shall decide whether the duties of any particular position are such that it may be filled as an excepted position under the appropriate schedule.

[28 F.R. 10025, Sept. 14, 1963, as amended by E.O. 11315; 3 CFR, 1966 Comp.]

§ 6.2 Schedules of excepted positions.

The Commission shall list positions that it excepts from the competitive service in Schedules A, B, and C, which schedules shall constitute parts of this rule, as follows:

Schedule A. Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A.

Schedule B. Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by the Commission.

Schedule C. Positions of a confidential or policy-determining character shall be listed in Schedule C.

§ 6.3 Method of filling excepted positions and status of incumbents.

(a) The head of an agency may fill excepted positions by the appointment of persons without civil service eligibility or competitive status and such persons shall not acquire competitive status by reason of such appointment: Provided, That the Commission, in its discretion, may by regulation prescribe conditions under which excepted positions may be filled in the same manner as competitive positions are filled and conditions under which persons so appointed may acquire a competitive status in accordance with the Civil Service Rules and Regulations.

(b) To the extent permitted by law and the provisions of this part, appointments and position changes in the excepted service shall be made in accordance with such regulations and practices as the head of the agency concerned finds necessary.

§ 6.4 Removal of incumbents of cepted positions.

Except as may be required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A and C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedule B of persons who have competitive status. § 6.5 Assignment of excepted employees.

No person who is serving under an excepted appointment shall be assigned to the work of a position in the competitive service without prior approval of the Commission.

§ 6.6 Revocation of exceptions.

The Commission may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. These changes are effective on publication in the FEDERAL REGISTER. [E.O. 11315; 3 CFR, 1966 Comp.]

§ 6.7 Movement of persons between the civil service system and other merit systems.

Whenever the Commission and any Federal agency having an established merit system determine it to be in the interest of good administration and con

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§ 7.1

Discretion in filling vacancies.

In his discretion, an appointing officer may fill any position in the competitive service either by competitive appointment from a civil service register or by noncompetitive selection of a present or former Federal employee, in accordance with the Civil Service Regulations. He shall exercise his discretion in all personnel actions solely on the basis of merit and fitness and without regard to political or religious affiliations, marital status, or race.

§ 7.2 Personnel reports.

Each agency shall report to the Commission, in such manner and at such times as the Commission may prescribe, such personnel information as it may request relating to positions and officers and employees in the competitive service and in the excepted service, whether permanent or career, career-conditional, indefinite, temporary, emergency, or subject to contract.

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United States citizens may be recruited overseas for appointment to overseas positions in the competitive service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of the Commission for overseas positions may be given appointments to be known as "overseas limited appointments." Such appointments shall be of temporary or indefinite duration, and shall not confer the right to acquire a competitive status. The Commission may authorize overseas limited appointments for United States citizens recruited within the continental limits of the United States whenever it determines that it is not feasible to appoint from a civil-service register. Persons serving under appointments made pursuant to this section are hereby excluded from the operation of the Civil Service Retirement Act of May 29, 1930, as amended, unless eligible for retirement benefits by continuity of service or otherwise.

50-005-71- -2

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Sec.

9.1

9.2

9.3

9.4

9.5

9.6

9.7

9.8

Coverage.

IN GENERAL

Filling positions covered by this part.
CAREER EXECUTIVE ASSIGNMENTS
Qualifications required for a Career Ex-
ecutive Assignment.

Recruitments for Career Executive As-
signments.

Career Executive Assignments; selec-
tion and assignment.

Authorization of Limited Executive
Assignments.

Qualifications required for a Limited

Executive Assignment.

Limited Executive Assignment; selection and assignment.

9.9 9.10 Limited Executive Assignment; change to other type of appointment. NONCAREER EXECUTIVE ASSIGNMENTS 9.20 Exception of positions to be filled by Noncareer Executive Assignments. Qualifications required for a Noncareer Executive Assignment.

Removal from a Limited Executive Assignment.

9.21

9.22 Noncareer Executive Assignment; selection and assignment. 9.23 Removal from a Noncareer Executive Assignment.

AUTHORITY: The provisions of this Part 9 issued under 5 U.S.C. 3301, 3302.

SOURCE: The provisions of this Part 9 contained in E.O. 11315; 3 CFR, 1966 Comp., unless otherwise noted.

NOTE: Part 9 is effective not later than November 17, 1967 or at such earlier dates as the Civil Service Commission may specify for individual agencies or positions.

IN GENERAL

§ 9.1 Coverage.

Except as otherwise provided by law, this part applies to:

(a) positions in grades 16, 17, and 18 of the General Schedule that are in the Executive Branch, except positions excluded from the coverage of 5 U.S.C. 3324(a) by paragraphs (1), (2), and (4) thereof and any position now or hereafter excepted under Civil Service Rule VI so long as that exception remains in effect; and

(b) persons who are given executive assignments to these positions.

§ 9.2 Filling positions covered by this part.

An appointing officer shall fill a position covered by this part by Career Executive Assignment, unless the Commission authorizes a Limited Executive Assignment under § 9.6 of this part or a Noncareer Executive Assignment under § 9.20 of this part.

CAREER EXECUTIVE ASSIGNMENTS § 9.3 Qualifications required for . Career Executive Assignment.

After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Career Executive Assignment.

§ 9.4

Recruitment for Career Executive Assignments.

(a) Before selecting any person for a Career Executive Assignment the appointing officer shall first consider fully employees under his agency's merit promotion program and available employees of other Federal agencies qualified pursuant to paragraph (b) of this section. Only after this consideration may the appointing officer elect to recruit applicants from outside the Federal service pursuant to paragraph (b) of this section.

(b) The Commission shall be responsible for the establishment of special facilities, including special boards and panels, to recruit well-qualified persons for Career Executive Assignments in the Federal service from among employees holding Career Executive Assignments, other eligible employees, and persons outside the Federal service. The appointing officer shall use these special facilities, including special boards and panels, to recruit applicants from outside the Federal service.

(c) The procedures in this section do not apply when the Commission authorizes the movement of an incumbent Career Executive to a Career Executive Assignment at the same or lower grade.

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