§ 5.4 5 CFR Ch. I (1–1–99 Edition)
the agency shall, upon request of the laws, rules, and regulations, and Director, restore the employee to duty records pertinent to these matters. All or otherwise reverse any action taken. such employees, and all applicants or (2) Reporting the results of evalua- eligibles for positions covered by these tion or investigations to the head of rules, shall give to the Office, the Merit the agency concerned with instructions Systems Protection Board, the Special for any corrective action necessary, in- Counsel, or to their authorized rep- cluding cancellation of personnel ac- resentatives, all information, testi- tions where appropriate. The Director’s mony, documents, and material in re- findings resulting from evaluations or gard to the above matters, the disclo- investigations are binding unless sure of which is not otherwise prohib- changed as a result of agency evidence ited by law or regulation. These em- and arguments against them. If, during ployees, applicants, and eligibles shall the course of any evaluation or inves- sign testimony given under oath or af- tigation under this section, the Direc- firmation before an officer authorized tor finds evidence of matters which by law to administer oaths. Employees come within the investigative and prosecutorial jurisdiction of the Spe- are performing official duty when tes- cial Counsel of the Merit Systems Pro- tifying or providing evidence pursuant tection Board, the Director shall refer to this section. this evidence to the Special Counsel for appropriate disposition. PART 6—EXCEPTIONS FROM THE (b) Whenever the Director issues spe- COMPETITIVE SERVICE (RULE VI) cific instructions as to separation or other corrective action with regard to Sec. an employee, including cancellation of 6.1 Authority to except positions from the a personnel action, the head of the competitive service. agency concerned shall comply with 6.2 Schedules of excepted positions. the Director’s instructions. 6.3 Method of filling excepted positions and (c) If the agency head fails to comply status of incumbents. with the specific instructions of the Di- 6.4 Removal of incumbents of excepted posi- rector as to separation or other correc- tions. tive action with regard to an employee, 6.5 Assignment of excepted employees. including cancellation of a personnel 6.6 Revocation of exceptions. action, the Director may certify to the 6.7 Movement of persons between the civil Comptroller General of the United service system and other merit systems. States the agency’s failure to act to- 6.8 Specified exceptions. gether with such additional informa- AUTHORITY: 5 U.S.C. 3301, 3302. tion as the Comptroller General may SOURCE: 28 FR 10025, Sept. 14, 1963, unless require, and shall furnish a copy of otherwise noted. such certification to the head of the agency concerned. The individual with § 6.1 Authority to except positions respect to whom such separation or from the competitive service. other corrective action was instructed shall be entitled thereafter to no pay (a) OPM may except positions from or only to such pay as appropriate to the competitive service when it deter- effectuate the Director’s instructions. mines that appointments thereto through competitive examination are § 5.4 Information and testimony. not practicable. These positions shall When required by the Office, the be listed in OPM’s annual report for Merit Systems Protection Board, or the fiscal year in which the exceptions the Special Counsel of the Merit Sys- are made. tems Protection Board, or by author- (b) OPM shall decide whether the du- ized representatives of these bodies, ties of any particular position are such agencies shall make available to them, that it may be filled as an excepted po- or to their authorized representatives, sition under the appropriate schedule. employees to testify in regard to mat- (c) Notice of OPM’s decision granting ters inquired of under the civil service authority to make appointments to an
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excepted position under the appro- the competitive service by statute. The priate schedule shall be published in Civil Service Rules and Regulations the FEDERAL REGISTER. shall apply to removals from positions [28 FR 10025, Sept. 14, 1963, as amended by listed in Schedule B of persons who E.O. 11315, 3 CFR, 1966–1970 Comp., p. 597; E.O. have competitive status. 12043, 43 FR 9773, Mar. 10, 1978] § 6.5 Assignment of excepted employ- § 6.2 Schedules of excepted positions. ees. OPM shall list positions that it No person who is serving under an ex- excepts from the competitive service in cepted appointment shall be assigned Schedules A, B, and C, which schedules to the work of a position in the com- shall constitute parts of this rule, as petitive service without prior approval follows: of OPM.
Schedule A. Positions other than those of a § 6.6 Revocation of exceptions. confidential or policy-determining character for which it is not practicable to examine OPM may remove any position from shall be listed in Schedule A. or may revoke in whole or in part any Schedule B. Positions other than those of a provision of Schedule A, B, or C. Notice confidential or policy-determining character of OPM’s decision making these for which it is not practicable to hold a com- changes shall be published in the FED- petitive examination shall be listed in Schedule B. Appointments to these positions ERAL REGISTER. shall be subject to such noncompetitive ex- [E.O. 11315, 3 CFR, 1966–1970 Comp., p. 597, as amination as may be prescribed by OPM. amended by E.O. 12043, 43 FR 9773, Mar. 10, Schedule C. Positions of a confidential or 1978] policy-determining character shall be listed in Schedule C. § 6.7 Movement of persons between the civil service system and other merit § 6.3 Method of filling excepted posi- systems. tions and status of incumbents. (a) The head of an agency may fill ex- Whenever OPM and any Federal cepted positions by the appointment of agency having an established merit persons without civil service eligibility system determine it to be in the inter- or competitive status and such persons est of good administration and consist- shall not acquire competitive status by ent with the intent of the civil service reason of such appointment: Provided, laws and any other applicable laws, That OPM, in its discretion, may by they may enter into an agreement pre- regulation prescribe conditions under scribing conditions under which per- which excepted positions may be filled sons may be moved from one system to in the same manner as competitive po- the other and defining the status and sitions are filled and conditions under tenure that the persons affected shall which persons so appointed may ac- acquire upon such movement. quire a competitive status in accord- § 6.8 Specified exceptions. ance with the Civil Service Rules and Regulations. (a) Positions in the Department of (b) To the extent permitted by law the Interior and in the Department of and the provisions of this part, ap- Commerce whose incumbents serve as pointments and position changes in the the principal representative of the Sec- excepted service shall be made in ac- retary in their respective regions shall cordance with such regulations and be listed in Schedule C for grades not practices as the head of the agency exceeding grade GS–15 of the General concerned finds necessary. Schedule, and shall be designated Non- career Executive Assignments for posi- § 6.4 Removal of incumbents of ex- tions graded higher than GS–15. Incum- cepted positions. bents of these positions who are, on Except as may be required by stat- February 15, 1975, in the competitive ute, the Civil Service Rules and Regu- service shall not be affected by the lations shall not apply to removals foregoing provisions of this section. from positions listed in Schedules A (b) Positions in the Community Serv- and C or from positions excepted from ices Administration and ACTION
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whose incumbents serve as regional di- competitive service and in the excepted rector or regional administrator shall service, whether permanent or career, be listed in Schedule C for grades not career-conditional, indefinite, tem- exceeding GS–15 of the General Sched- porary, emergency, or subject to con- ule and shall be designated Noncareer tract. Executive Assignments for positions graded higher than GS–15. Incumbents § 7.3 Reemployment rights. of these positions who are, on Novem- OPM, whenever it determines it to be ber 29, 1977, in the competitive service necessary, shall prescribe regulations shall not be affected by the foregoing governing the release of employees provisions of this subsection. (both within the competitive service (c) Within the Department of Agri- and the excepted service) by any agen- culture, positions in the Agriculture cy in the executive branch of the Gov- Stabilization and Conservation Service ernment for employment in any other the incumbents of which serve as State agency, and governing the establish- Executive Directors and positions in ment, granting, and exercise of rights the Farmers Home Administration the to reemployment in the agencies from incumbents of which serve as State Di- which employees are released. rectors or State Directors–at–Large shall be listed in Schedule C for all § 7.4 Citizenship. grades of the General Schedule. (a) No person shall be admitted to [E.O. 11839, 40 FR 7351, Feb. 19, 1975, as competitive examination unless such amended by E.O. 11887, 40 FR 51411, Nov. 5, person is a citizen or national of the 1975; E.O. 12021, 42 FR 61237, Dec. 2, 1977; 47 United States. FR 4227, Jan. 29, 1982] (b) No person shall be given any ap- pointment in the competitive service PART 7—GENERAL PROVISIONS unless such person is a citizen or na- (RULE VII) tional of the United States. (c) OPM may, as an exception to this Sec. rule and to the extent permitted by 7.1 Discretion in filling vacancies. law, authorize the appointment of 7.2 Personnel reports. aliens to positions in the competitive 7.3 Reemployment rights. service when necessary to promote the 7.4 Citizenship. efficiency of the service in specific AUTHORITY: 5 U.S.C. 3301, 3302. cases or for temporary appointments. SOURCE: 28 FR 10025, Sept. 14, 1963, unless [E.O. 11935, 41 FR 37301, Sept. 3, 1976] otherwise noted.
§ 7.1 Discretion in filling vacancies. PART 8—APPOINTMENTS TO In his discretion, an appointing offi- OVERSEAS POSITIONS (RULE VIII) cer may fill any position in the com- petitive service either by competitive Sec. appointment from a civil service reg- 8.1 Additional authority of OPM. ister or by noncompetitive selection of 8.2 Appointment of United States citizens. a present or former Federal employee, 8.3 Appointment of persons not citizens of the United States. in accordance with the Civil Service 8.4 Positions excepted from the application Regulations. He shall exercise his dis- of this part. cretion in all personnel actions solely on the basis of merit and fitness and AUTHORITY: 5 U.S.C. 3301, 3302. without regard to political or religious SOURCE: 28 FR 10025, Sept. 14, 1963, unless affiliations, marital status, or race. otherwise noted.
§ 7.2 Personnel reports. § 8.1 Additional authority of OPM. Each agency shall report to OPM, in In addition to authorizing the re- such manner and at such times as OPM cruitment and appointment of persons may prescribe, such personnel informa- to overseas positions under regulations tion as it may request relating to posi- issued under the preceding Rules, OPM tions and officers and employees in the may, by the regulations prescribed by
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