whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS-15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS-15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.

[E.O. 11839, 40 FR 7351, Feb. 19, 1975, as amended by E.O. 11887, 40 FR 51411, Nov. 5, 1975; E.O. 12021, 42 FR 61237, Dec. 2, 1977]

ees (both within the competitive service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting, and exercise of rights to reemployment in the agencies from which employees are released.

87.4 Citizenship.

(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.

(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.

(c) OPM may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments. [E.O. 11935, 41 FR 37301, Sept. 3, 1976]

PART 8-APPOINTMENTS TO OVERSEAS POSITIONS (RULE VIII)

Sec.

8.1 Additional authority of OPM.

8.2 Appointment of United States citizens. 8.3 Appointment of persons not citizens of the United States.

8.4 Positions excepted from the application of this part.

AUTHORITY: 5 U.S.C. 3301, 3302.

SOURCE: 28 FR 10025, Sept. 14, 1963, unless otherwise noted.

§ 8.1 Additional authority of OPM.

In addition to authorizing the recruitment and appointment of persons to overseas positions under regulations issued under the preceding Rules, OPM may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in § 8.2. As used in this part, "overseas positions" means positions in foreign countries and in other areas beyond the continental limits of the United States, except as provided in § 8.4.

§ 8.2 Appointment of United States citi

zens.

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 OPM 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. OPM 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 civilservice 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.

§ 8.3 Appointment of persons not citizens of the United States.

Persons who are not citizens of the United States may be recruited overseas and appointed to overseas positions without regard to the Civil Service Act.

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 OPM 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

89.3 Qualifications required for a Career Executive Assignment.

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

89.4 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 pararaph (b) of this section.

(b) OPM 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 OPM authorizes the movement of an incumbent Career Executive to a Career Executive Assignment at the same or lower grade.

89.5 Career Executive Assignments; selection and assignment.

(a) An appointing officer shall select a person for a Career Executive Assignment solely on the basis of merit and fitness. He shall not permit or consider any political test, qualification, clearance, or recommendation, and shall not discriminate on the basis of race, religion, national origin, sex, age, or physical disability.

(b) The appointing officer may make a Career Executive Assignment only after OPM has finally approved the qualifications and suitability of the person selected.

§ 9.6 Authorization of Limited Executive Assignments.

(a) OPM may authorize agencies to fill a position covered by this part by a Limited Executive Assignment when:

(1) The position is expected to be of limited duration; or

(2) The agency concerned establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for Career Executive Assignments.

(b) OPM shall specify a time limit within which an agency may use this authority and may revoke this authority at any time.

(c) OPM shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Limited Executive Assignment.

[E.O.11315, 3 CFR 1966-1970 Comp., p. 597, as amended by E.O. 12043, 43 FR 9773, Mar. 10, 1978]

89.7 Qualifications required for a Limited Executive Assignment.

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

§ 9.8 Limited Executive Assignment; selection and assignment.

An appointing officer may make a Limited Executive Assignment only after OPM has finally approved the qualifications of the person selected.

§ 9.9 Removal from a Limited Executive Assignment.

An appointing officer may remove a person from a Limited Executive Assignment when, in his judgment, the purpose of the assignment has been served or conditions warrant discontinuance of the assignment.

(b) Give him a career appointment to a continuing position in the competitive service in grade GS-15, or below;

or

(c) Separate him from the service.

§ 9.11 Specified Noncareer Executive Assignments.

(a) The regional director, regional administrator, or the Secretary's principal regional representative positions in the Departments of Health, Education, and Welfare, Housing and Urban Development, Transportation and Labor, and those positions in the Environmental Protection Agency and the Small Business Administration shall be designated Noncareer Executive Assignments; and, the Limited Executive Assignments of any incumbents of these positions on February 15, 1975, are converted to Noncareer Executive Assignments. Incumbents of these positions serving in Career Executive Assignments on February 15, 1975, shall not be affected by the foregoing provisions of this Section.

(b) The regional director or regional administrator positions in the Defense Civil Preparedness Agency and the General Services Administration shall be designated as Noncareer Executive Assignments and the Limited Executive Assignments of any incumbents of these positions on November 29, 1977, are converted to Noncareer Executive Assignments. Incumbents of these positions who are, on November 29, 1977, serving in Career Executive Assignments shall not be affected by the foregoing provisions of this section.

[E.O. 11839, 40 FR 7351, Feb. 19, 1975, as amended by E.O. 11856, 40 FR 20259, May 9, 1975; E.O. 12021, 42 FR 61237, Dec. 2, 1977)

NONCAREER EXECUTIVE ASSIGNMENTS

§ 9.20 Exception of positions to be filled by Noncareer Executive Assignments. (a) After consulting the agency concerned, OPM may except a position from the procedures required for making Career Executive Assignments and authorize an agency to fill the position by a Noncareer Executive Assignment when it determines that there is a need for filling the position by a person who will:

(1) Be deeply involved in the advocacy of Administration programs and support of their controversial aspects;

(2) Participate significantly in the determination of major political policies of the Administration; or

(3) Serve principally as personal assistant to or adviser of a Presidential appointee or other key political figure.

(b) In determining the positions to be excepted under paragraph (a) of this section OPM shall:

(1) Limit the number of positions excepted to a relatively small proportion of the positions in the agency in grades 16, 17, and 18, taking into consideration the size of the agency and the nature of its program; and

(2) Define the area of the agency's activity in which Noncareer Executive Assignments would be appropriate and specify organizational levels, as distinguished from grade levels, below which Noncareer Executive Assignments would be inappropriate.

(c) OPM shall not except a position which has as its principal responsibility the internal management of an agency, or a position involving longstanding recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. However, a position concerned with the direction of a scientific program could be appropriately excepted when it meets the criteria set forth in paragraph (a) (1), (2), or (3) of this section.

(d) OPM shall review periodically the exceptions made under this section and after consulting the agency concerned, shall revoke an exception when the position no longer meets the criteria for exception. Civil Service Rule III, providing for the noncompetitive acquisition of competitive status, shall not apply in such a case.

(e) Notice of OPM's decision to grant or revoke authority to make Noncareer Executive Assignments shall be published in the FEDERAL REGISTER.

(f) OPM shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Noncareer Executive Assignment.

[E.O. 11315, 3 CFR 1966-1970 Comp., p. 597, as amended by E.O. 12043, 43 FR 9773, Mar. 10, 1978]

89.21 Qualifications required for a Noncareer Executive Assignment.

After appropriate consultation with the agency concerned OPM shall establish specific qualification standards for assignment to a Noncareer Executive Assignment. In addition, as a qualification for continuance in a Noncareer Executive Assignment, the incumbent must continue to maintain the qualifications and relationships that are required for the particular Noncareer Executive Assignment.

89.22 Noncareer Executive Assignment; selection and assignment.

An appointing officer may make a Noncareer Executive Assignment only

after OPM has finally approved the qualifications of the person selected. He shall inform each person selected of the qualifications required under § 9.21 of this part for assignment to and continuance in a Noncareer Executive Assignment.

89.23 Removal from a Noncareer Executive Assignment.

An appointing officer shall remove a person from a Noncareer Executive Assignment when the person's qualifications or relationships required for the assignment change or cease to exist.