in which he was serving was placed in the competitive service by a statute, Executive order, or Civil Service rule, which permitted his retention without the acquisition of status.

(17) "Tenure" means the period of time an employee may reasonably expect to serve under his current appointment. It is granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is in a competitive position or in an excepted position.

(18) "Transfer" means a change of an employee, without a break in service of 1 full workday, from a position in one agency to a position in another

(a) "Competitive service" has the meaning given that term by section 2102 of title 5, United States Code, and includes:

(1) All civilian positions in the executive branch of the Federal Government not specifically excepted from the civil service laws by or pursuant to statute, by the Fresident, or by the Office of Personnel Management, and not in the Senior Executive Service; and

(2) All positions in the legislative and judicial branches of the Federal Government and in the government of the District of Columbia specifically made subject to the civil service laws by statute.

(b) "Competitive position" means a position in the competitive service. (5 U.S.C. 2102)

[33 FR 12408, Sept. 4, 1968, as amended at 45 FR 62413, Sept. 19, 1980]

213.3201 Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination. 213.3202 Entire executive civil service. 213.3203

Executive Office of the President. 213.3204 Department of State. 213.3205 Department of the Treasury. 213.3206 Department of Defense. 213.3207 Department of the Army. 213.3208 Department of the Navy. 213.3209 Department of the Air Force. 213.3210 Department of Justice. 213.3212 Department of the Interior. 213.3213 Department of Agriculture. 213.3214 Department of Commerce. 213.3216 Department of Health Human Services.

213.3217 Department of Education. 213.3227 Veterans Administration 213.3228 International

and

Communication

Agency.

213.3229 Federal Power Commission. 213.3231 Department of Energy.

Sec.

213.3382 National Foundation on the Arts and the Humanities.

213.3383 U.S. Metric Board.

213.3384 Department of Housing and Urban Development.

213.3386 Regional Commissions, Public Works and Economic Development Act of 1965.

213.3389 National Mediation Board.

213.3390 Merit Systems Protection Board. 213.3391 Office of Personnel Management. 213.3392 Federal Labor Relations Authority.

213.3394 Department of Transportation. 213.3395 Federal Emergency Management Agency.

213.3396 National Transportation Safety Board.

213.3399 Temporary Boards and Commissions.

AUTHORITY: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR 1954-1958 Comp. p. 218 632501, unless otherwise noted.

SOURCE: 42 FR 65494, Dec. 30, 1977, unless otherwise noted.

EDITORIAL NOTE: For amendments to Part 213 see the List of CFR Sections Affected in the Finding Aids section of this volume.

under terms of such an agreement would be subject to existing criteria as set forth in § 213.3301, to quotas established by the Office, and to any additional instructions prepared by OPM. (5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5))

Subpart B-[Reserved]

Subpart C-Excepted Schedules

SCHEDULE A

§ 213.3101 Positions other than those of a confidential or policy-determining character for which it is not practicable to examine.

(a) The positions enumerated in §§ 213.3102 to 213.3199 are positions other than those of a confidential or policy-determining character for which it is not practicable to examine and which are excepted from the competitive service and constitute Schedule A.

(b) An agency (including a military department) may not appoint the son or daughter of a civilian employee of that agency, or the son or daughter of a member of its uniformed service, to a position listed in Schedule A for student employment within the United States.

(c) An agency (including a military department) may appoint the son or daughter of a civilian employee of that agency or the son or daughter of a member of its uniformed service to a summer position when:

(1) The opportunities for employment have been publicized in the summer announcement, OPM regional and/or area office supplements, or through Federal job information centers and State Employment Services for a minimum 2-week period;

(2) There are no eligibles available with the same or higher rating under merit staffing plans for which the ranking criteria satisfy job-relatedness requirements of FPM Supplement 271-2, "Tests and Other Applicant Appraisal Procedures," or for which ranking is not appropriate and qualified candidates are considered on a strictly random basis; and

(3) The appointment is not prohibited by section 3110 of title 5, United

States Code, or Part 310 of this chapter relating to the employment of relatives.

(d) Paragraphs (b) and (c) of this section, do not restrict the appointment of persons.

(1) Who are eligible for placement assistance under OPM's Displaced Employee (DE) Program;

(2) Who are employed to meet urgent needs resulting from an emergency posing an immediate threat to life or property; or

(3) Who are members of families which are eligible to receive financial assistance under a public welfare program or the total income of which in relation to family size does not exceed limits established by OPM and published in the Federal Personnel Manual; or

(4) Who are severely physically handicapped or mentally retarded when appointed under § 213.3102 (t) or (u).

(e) An agency may appoint for summer employment within the United States in positions listed in Schedule A only in accordance with the terms of OPM's summer employment program. This restriction does not apply to positions that are excepted only when filled by particular types of individuals.

(f) In this section "summer employment" means any employment beginning after May 12 which will end before October 1 of the same year. "Student employment” means the employment of persons who are enrolled or who have been accepted for enrollment, on a substantially full-time basis, as resident students of a secondary school or of an institution of higher learning; a resident student, for this purpose, is a student in actual physical attendance at a school as distinguished from a correspondence student.

(e) Law clerk trainee positions. Appointments under this paragraph shall be confined to graduates of recognized law schools or persons having equivalent experience and shall be for periods not to exceed 14 months pending admission to the bar. No person shall be given more than one appointment under this paragraph. However, an appointment which was initially made for less than 14 months may be extended for not to exceed 14 months in total duration.

(f) Chinese, Japanese, and Hindu interpreters.

(g) Any nontemporary position the duties of which are part-time or intermittent in which the appointee will receive compensation during his/her service year that aggregates not more than 40 percent of the annual salary rate for the first step of grade GS-3. This limitation compensation includes any premium pay such as for overtime, night, Sunday, or holiday work. It does not, however, include any mandatory within-grade salary increases to which the employee becomes entitled subsequent to appointment under this authority. Appointments under this authority may not be for temporary employment.

(h) Positions in Federal mental institutions when filled by persons who have been patients of such institutions and been discharged and are certified by an appropriate medical authority thereof as recovered sufficiently to be regularly employed but it is believed desirable and in the interest of the persons and the institution that they be employed at the institution.

(i) Subject to prior approval of OPM, positions requiring temporary, part-time, or intermittent employment in wage board type occupations (i.e., position excluded from Classification Act coverage by section 202(7) of the Act) on construction or repair work, where the activity is carried on in localities where examination coverage for the positions has not been provided and where because of employment conditions there is a shortage of available candidates for the positions. Appointments under this paragraph shall not extend beyond 1 year, and the employment thereunder shall not