Subpart G-Transitional Provisions 305.701 Change of indefinite or TAPER employment to another type of appointment. AUTHORITY: The provisions of this Part 305 issued under 5 U.S.C. 1302, 3301, 3302, 3324, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, E.O. 11315; 3 CFR, 1966 Comp., p. 165. SOURCE: The provisions of this Part 305 appear at 33 F.R. 12416, unless otherwise noted. Subpart A-General Provisions § 305.101 Applicability of other regulations. Except as otherwise provided in this part, Subchapter B of this chapter applies to employment under the executive assignment system. § 305.102 Coverage. (a) Positions. The executive assignment system applies to positions in GS-16, 17, and 18 in the executive branch except: (1) Positions excluded from the coverage of section 3324(a) of title 5, United States Code, by paragraphs (1), (2), and (4) thereof; (2) Positions in the excepted schedules in Part 213 of this chapter; (3) Positions excepted from the competitive service by statute; and (4) Positions of hearing examiner. (b) Persons. The executive assignment system applies to all persons who are assigned to positions under the system. § 305.103 Responsibilities for administration. (a) Commission responsibilities. The Commission is responsible for effectively implementing and administering the executive assignment system. (b) Responsibilities of the agencies. Periodically, under such conditions as the Commission may specify, the head of each agency in which there are positions covered by the executive assignment system shall review with the Commission his plans for staffing upper level positions. The head of a newly established agency in which there are such positions shall initially review with the Commissions his plans for executive staffing as soon as practicable after the establishment of the agency. The head of each agency shall cooperate fully with the Commission in establishing needed staffing facilities. Subpart B-[Reserved] § 305.501 Filling positions covered by the executive assignment system. An agency, in filling a position subject to the executive assignment system, shall make a career executive assignment unless the Commission authorizes a limited executive assignment under § 305.509, or a noncareer executive assignment under § 305.601. § 305.502 Career executive assignments of Federal employees. (a) Except as provided in paragraph (b) of this section, in making a career executive assignment, the agency shall first consider fully (1) qualified employees under its merit promotional program and (2) qualified and available Federal employees of other agencies. (b) This section does not apply when the Commission authorizes (1) the movement of an employee serving under career executive assignment to a career executive assignment at the same or lower grade under § 305.505 (a) or § 305.506(a) or (2) the promotion, in the same position, of an employee whose position is reclassified upward without material change in duties. § 305.503 Career executive assignments from outside the competitive service. (a) Recruitment. Subject to § 305.502, an agency may recruit from outside the competitive service for career executive assignment under such standards of merit and through such facilities as the Commission may prescribe. (b) Order on list. When an assignment is to be made under this section, the names of eligibles are entered on the appropriate list of eligibles in accordance with their numerical ratings except that the names of: (1) Preference eligibles are listed in accordance with their augmented ratings and ahead of others having the same rating; and (2) Preference eligibles who have a compensable service-connected disability of 10 percent or more are entered at the top of the list in the order of their ratings unless the vacancy is in a professional or scentific position. An agency is furnished a certificate from the top of the list containing the names of a sufficient number of eligibles to permit consideration of three eligibles in connection with each vacancy. (c) Selection. An agency, with sole regard to merit and fitness, shall select an eligible from the highest three eligibles on the certificate who are available for appointment. § 305.504 Tenure and status of persons given career executive assignments. (a) Tenure. A person given a career executive assignment is a career employee if he has completed, or is excepted from, the service requirement for career tenure. If he has not completed, or is not excepted from, the service requirement for career tenure he is a career-conditional employee. (b) Status. A person given a career executive assignment who is required to serve or complete a probationary period by § 305.508 acquires a competitive status automatically on completion of proba (a) To the same or lower grade. Subject to prior approval by the Commission of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving under career executive assignment at the same or higher grade without regard to § 305.502. (b) To a higher grade. Subject to § 305.502 and to prior approval by the Commission of the qualifications of the employee, an agency may transfer to a career executive assignment an employee who is serving with career or careerconditional tenure at a lower grade. § 305.507 Assignment of persons not serving with career or career-conditional tenure. (a) Coverage. This section applies to present and former employees who have basic eligibility for noncompetitive appointment conferring career or careerconditional tenure under a law. Executive order, or Civil Service rule or regulation, but who are not serving with that tenure. (b) Authority. Subject to § 305.502 (except for legislative and judicial employees eligible for appointment under section 3304 (c) of title 5, United States Code), and subject to prior approval by the Commission of the qualifications of the person, an agency may fill a position by career executive assignment of a person covered by this section. § 305.508 Probationary period. An employee serving under career executive assignment serves or completes a probationary period of 1 year if a career or career-conditional employee is required by § 315.801 of this chapter to serve or to complete a probationary period under like circumstances. An agency may terminate an employee at any time during his probationary period. The employee is entitled to the procedures and the right of appeal set forth in §§ 315.804 to 315.807 of this chapter, as appropriate. § 305.509 Limited executive assignments. (a) Authorization. The Commission may authorize an agency to fill a position by limited executive assignment when: (1) The position is expected to be of limited duration, or (2) The agency establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for career executive assignments. (b) Time limit. The Commission shall specify a time limit within which an agency may use an authority for limited executive assignment, and may revoke the authority at any time. (c) Tenure and status. An employee may serve a maximum of 5 continuous years and does not acquire competitive status under limited executive assignment. (d) Eligibility for within-grade increases. An employee serving under a limited executive assignment is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter. [35 F.R. 3217, Feb. 20, 1970] § 305.510 Change of limited executive assignment to another type of appointment. If an employee completes 5 years of continuous service in an agency under limited executive assignment, the agency shall: (a) Convert the limited executive assignment to a career executive assignment in the same position and grade; (b) Subject to prior approval by the Commission of the qualifications of the employee, assign him to another position at the same or lower grade under career executive assignment or noncareer executive assignment, as appropriate; (c) Give the employee a career appointment to a continuing position in the competitive service at GS-15 or below; or (d) Separate him from the service. Subpart F-Noncareer Executive Assignments met, it may authorize an agency to fill a position by noncareer executive assignment in the excepted service without following the procedures required for making career executive assignments. (b) To qualify to be filled by noncareer executive assignment, a position must be one whose incumbent 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. (c) A position does not qualify to be filled by noncareer executive assignment if its principal responsibility is the internal management of an agency, or if it involves long-standing recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. (d) In determining the positions to be filled by noncareer executive assignment under paragraph (a) of this section the Commission shall: (1) Limit the number of positions excepted to a relatively small proportion of the positions in the agency in GS-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 assignment would be inappropriate. § 305.602 Review of noncareer executive assignments. The Commission shall review periodically the positions filled by noncareer executive assignments under § 305.601. After consulting the agency concerned, it shall revoke the authorization to fill a position by noncareer executive assignment when it finds that the position no longer meets the qualifying criteria. Sections 315.701 and 316.702 of this chapter do not apply when the authorization for noncareer executive assignment is revoked under this section. § 305.603 Status and tenure. An employee serving under a noncareer executive assignment is in the excepted service and does not acquire a competitive status on the basis of that service. A noncareer executive assignment is made without condition or limitation, except when the appointing agency determines that the tenure is indefinite. [35 F.R. 3065, Feb. 17, 1970] § 305.604 Removal. Subject to the provisions of Part 752 of this chapter, an appointing officer shall remove a person from a noncareer executive assignment when the qualifications or relationships required for the assignment change or cease to exist. Subpart G-Transitional Provisions Change of indefinite or TAPER employment to another type of appointment. § 305.701 If an employee was serving under indefinite or TAPER appointment when his position was made subject to the executive assignment system and he subsequently completes 5 years of continuous indefinite or TAPER employment in the agency, the agency shall: (a) Convert the indefinite or TAPER employment to a career executive assignment in the same position and grade; (b) Subject to prior approval by the Commission of the qualifications of the employee, assign him to another position at the same or lower grade under career executive assignment or noncareer executive assignment, as appropriate; (c) Give the employee a career or career-conditional appointment to a continuing position in the competitive service in GS-15 or below; or (d) Separate him from the service. (a) "Veteran" means veteran and disabled veteran as these terms are defined in section 2108(1), (2) of title 5, United States Code. (b) "Vietnam era" is the period beginning August 5, 1964, and ending on a date to be determined by Presidential proclamation or concurrent resolution of the Congress. (c) "Transitional appointment” is an excepted appointment made before April 9, 1970, under this part to a position otherwise in the competitive service of a veteran who served during the Vietnam era. (d) "Veterans readjustment appointment" is an excepted appointment made after April 8, 1970, under this part to a position otherwise in the competitive service of a veteran who served during the Vietnam era. § 307.102 Basic eligibility. (a) Subject to the limitation in paragraph (b) of this section, a veteran is eligible to receive a veterans readjustment appointment if he: (1) Served on active duty in the armed forces of the United States during the Vietnam era; (2) Has completed not more than 14 years of education; and (3) Agrees in writing that during his employment under the appointment he will pursue training or educational program developed under § 307.104. (b) A veteran may be given a veterans readjustment appointment only within the period ending (1) 1 year after either his separation from the armed forces or his release from hospitalization or treatment immediately following separation from the armed forces, (2) 1 year after involuntary separation without cause from (i) a veterans readjustment appointment or (ii) a transitional appointment, or (3) April 8, 1971, if he is serving under a transitional appointment. § 307.103 Appointment authority. (a) Subject to paragraph (b) of this section, an agency may appoint by veterans readjustment appointment to a position at GS-5 or below, or the equivalent in other pay systems, any veteran eligible under § 307.102 who meets the qualification standards of the Commission for the position. On the basis of his total experience, including military experience, any veteran eligible under § 307.102 meets the qualification standards for positions at GS-3 and below, and equivalent levels, provided the agency considers him capable of performing the duties of the specific position. (b) An agency may make an appointment to a position in GS-2 or below, or equivalent levels, when there is substantial opportunity for progression to at least GS-3, or the equivalent. (c) An appointment under this section is subject to investigation by the Commission. A law, Executive order, or regulation which disqualifies a person for appointment in the competitive service also disqualifiies him for a veterans readjustment appointment. [36 F.R. 6488, Apr. 6, 1971] § 307.104 Training or educational pro grams. (a) The agency shall develop a training or educational program for each employee given a veterans readjustment appointment. The program shall extend for not less than 1 year, and may include planned on-the-job training, classroom training, or a combination of the two. (b) The Commission shall establish and publish in the Federal Personnel Manual guidelines for developing training or educational programs under this section. § 307.105 Conditions of employment. An employee holding a transitional appointment serves subject to satisfactory performance of assigned duties and satisfactory progress in the program of education or training approved for him. An employee holding a veterans readjustment appointment serves subject to satisfactory performance of assigned duties and satisfactory participation in the training or educational program under which he was appointed. The agency shall separate an employee who does not meet these conditions, following the procedures in Part 752 of this chapter if the employee has completed 1 year of current continuous employment. § 307.106 Noncompetitive movement. (a) Subject to § 335.103 of this chapter and paragraph (b) of this section, an agency may reassign, promote, or transfer an employee serving under Veterans SOURCE: The provisions of this Part 310 appear at 33 F.R. 12418, Sept. 4, 1968, unless otherwise noted. Subpart A-Restrictions on the Employment of Relatives AUTHORITY: The provisions of this Subpart A issued under 5 U.S.C. 3302, 7301, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, E.O. 11222; 3 CFR, 1964-1965 Comp., p. 306. § 310.101 Coverage. This subpart applies to appointment, employment, promotion, or advancement in (a) the competitive service; and (b) the excepted service in the executive branch. § 310.102 Definitions. In this subpart: (a) "Relative" means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, motherin-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. (b) "Public official" means an officer, a member of the uniformed services, an employee, and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, |