213.3395 Federal Emergency Management

Agency.

(a) Office of the Director. (1) One Executive Assistant (Steno) to the Director.

(b) U.S. Fire Administration. (1) One Special Assistant to the Administrator.

(c) Civil Preparedness Agency. (1) One Special Assistant, one Labor Liaison Advisor and two Staff Assistants to the Director.

(d) National Fire Prevention and Control Administration. (1) One Private Secretary and one Confidential Assistant to the Administrator.

(e) Federal Preparedness Agency. (1) Three Confidential Assistants to the Director.

(f) Federal Insurance Administration. (1) One Secretary and two Special Assistants to the Administrator.

(g) Federal Disaster Assistance Administration. (1) One Private Secretary and two Special Assistants to the Administrator.

§ 213.3396 National Transportation Safety Board.

(a) Office of the Chairman. (1) One Special Assistant and Counsel to the Chairman and one Administrative Assistant to each of four Board Members.

(2) One Confidential Assistant to the Chairman and each of four Board Members.

(3) One Secretary (Typing) to the Chairman.

(b) Office of the Managing Director. (1) One Secretary (Steno) to the Managing Director.

(2) One Legislative Affairs Officer. (3) One Program Analysis Officer.

§ 213.3399 Temporary Boards and Commissions.

(a) [Reserved]

(b) American Revolution Bicentennial Administration. (1) Director.

(2) Deputy Executive Director for Program Development and Coordination.

(3) Deputy Executive Director for Communications and Field Services. (4) Deputy Executive Director for Finance and Administration.

(c) National Center for Productivity and Quality of Working Life.

This subpart incorporates the statutory requirements defining the Senior Executive Service.

5 U.S.C. 2101a states:

"The 'Senior Executive Service' consists of Senior Executive Service positions (as defined in section 3132(a)(2) of this title)."

5 U.S.C. 3132(a) states:

(1) "Agency" means an Executive agency, except a Government corporation and the General Accounting Office, but does not include

(A) Any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or

(B) The Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;

(2) "Senior Executive Service position" means any position in an agency which is in GS-16, 17, or 18 of the General Schedule or in level IV or V of the Executive Schedule,

60-004 0-80-8

or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Senate, and in which an employ

ee

(A) Directs the work of an organization unit;

(B) Is held accountable for the success of one or more specific programs or projects;

(C) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals;

(D) Supervises the work of employees other than personal assistants; or

(E) Otherwise exercises important policymaking, policy-determining, or other executive functions; but does not include

(i) Any position in the Foreign Service of the United States;

(ii) An administrative law judge position under section 3105 of this title; or

(iii) Any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 note; 90 Stat. 2425).

"Agency" has the meaning given that term by section 3132(a)(1) of title 5, United States Code, as set out in § 214.101.

"Equivalent position" as used in section 3132(a)(2) of title 5, United States Code, means a position under any pay system where the level of the duties and responsibilities of the position and the rate of pay are comparable to that of a position at GS-16, -17, or -18, or at Executive Level IV or V.

"Senior Executive Service" has the meaning given that term by section 2101a of title 5, United States Code, and includes all positions which meet the definition in section 3132(a)(2) of title 5, as set out in § 214.101.

§ 214.202 Authority to make determinations.

(a) Each agency is responsible for determining, in accordance with Office of Personnel Management guidelines, which of its positions should be included in the Senior Executive Service.

(b) Agency determinations may be reviewed by the Office of Personnel Management, which has the authority to make final determinations.

§ 214.402 Career reserved positions.

(a) The head of each agency is responsible for designating career reserved positions in accordance with the regulations in this section.

(b) A position shall be designated as a career reserved position if:

(1) The position (except a position in the Executive Office of the President):

(i) Was under the Executive Schedule, or the rate of basic pay was determined by reference to the Executive Schedule, on October 12, 1978;

(ii) Was specifically required under section 2102 of title 5, United States Code, or otherwise required by law to be in the competitive service; and

(iii) Entailed direct responsibility to the public for the management or operation of particular government programs or functions; or

(2) The position must be filled by a career appointee to ensure impartiality, or the public's confidence in the impartiality, of the Government.

(c) The head of an agency shall use the following criteria in determining whether paragraph (b)(2) of this section is applicable to an individual position:

(1) Career reserved positions include positions the principal duties of which involve day-to-day operations, without responsibility for or substantial involvement in the determination or public advocacy of the major contro

versial policies of the Administration or agency, in the following occupational disciplines:

(i) Adjudication and appeals;

(ii) Audit and inspection;

(iii) Civil or criminal law enforcement and compliance;

(iv) Contract administration and procurement;

(v) Grants administration;

(vi) Investigation and security matters; and

(vii) Tax liability, including the assessment or collection of taxes and the preparation or review of interpretative opinions.

(2) Career reserved positions also include:

(i) Scientific or other highly technical or professional positions where the duties and responsibilities of the specific position are such that it must be filled by a career appointee to insure impartiality, or the public's confidence in impartiality, of the Government.

(ii) Other positions requiring impartiality, or the public's confidence in impartiality, as determined by an agency in light of its mission.

(d) The Office of Personnel Management may review agency designations of general and career reserved positions. If the Office finds that an agency has designated any position as general that should be career reserved, it shall direct the agency to make the career reserved designation.

(e) The minimum number of positions in the Senior Executive Service Governmentwide that must be career reserved is 3,571 as determined by the Director of the Office of Personnel Management under section 3133(e) of 5 U.S.C. To assure that this figure is met, the Office may establish a minimum number of career reserved positions for individual agencies. An agency must maintain or exceed this number unless it is adjusted by the Office.

§ 214.403 Change of position type.

An agency may not change the designation of an established position from career reserved to general, or from general to career reserved, without the prior approval of the Office of Personnel Management.

PART 230-ORGANIZATION OF THE GOVERNMENT FOR PERSONNEL MANAGEMENT

Subpart A-[Reserved]

Subpart B-Exercise of Agency Authority To Take Personnel Actions

Sec.

230.201 Standards and requirements for agency personnel actions.

230.202 Withdrawal of agency authority.

Subpart C-[Reserved]

Subpart D-Agency Authority to Take Personnel Actions in a National Emergency 230.401 Agency authority to take personnel actions in a national emergency disaster.

230.402 Agency authority to make emergency-indefinite appointments in a national emergency.

AUTHORITY: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218.

Subpart A-[Reserved]

Subpart B-Exercise of Agency Authority To Take Personnel Actions § 230.201 Standards and requirements for agency personnel actions.

In taking a personnel action authorized by this chapter, each agency shall comply with the qualification standards and regulations issued by the Office of Personnel Management, the instructions published by the Office of Personnel Management in the Federal Personnel Manual, and the provisions of any agreement developed between the Office and the agency in connection with delegation of a specific authority.

(5 U.S.C. 1104; Pub. L. 95-454; 92 Stat. 1120 and sec. 3(5) of the Civil Service Reform Act of 1978, Pub. L. 95-454; 92 Stat. 1112) [44 FR 55131, Sept. 25, 1979]

§ 230.202 Withdrawal of agency authority. OPM may suspend or withdraw any authority granted by this chapter to an agency when it finds that the agency has not complied with the qualification standards issued by OPM, the instructions published by OPM in the Federal Personnel

Manual, or the regulations in this chapter, or that the suspension or withdrawal is in the interest of the service for any other reason.

[33 FR 12408, Sept. 4, 1968]

Subpart C-[Reserved]

Subpart D-Agency Authority To Take Personnel Actions in a National Emergency

§ 230.401 Agency authority to take personnel actions in a national emergency disaster.

(a) Upon an attack on the United States, agencies are authorized to carry out whatever personnel activities may be necessary to the effective functioning of their organizations during a period of disaster without regard to any regulation or instruction of OPM, except those which become effective upon or following an attack on the United States. This authority applies only to actions under OPM jurisdiction.

(b) Actions taken under this section shall be consistent with affected regulations and instructions as far as possible under the circumstances and shall be discontinued as soon as conditions permit the reapplication of the affected regulations and instructions.

(c) An employee may not acquire a competitive civil service status by virtue of any action taken under this section.

(d) Actions taken, and authority to take actions, under this section may be adjusted or terminated in whole or in part by OPM.

(e) Agencies shall maintain records of the actions taken under this section.

[35 FR 5173, Mar. 27, 1970]

§ 230.402 Agency authority to make emergency-indefinite appointments in a national emergency.

(a) Basic authority. In a national emergency, as defined in the Federal Personnel Manual, an agency may make emergency-indefinite appointments to continuing positions (normally those expected to last longer than a year) when it is not in the public inter

est to make career or career-conditional appointments. Except as provided by paragraphs (b) and (c) of this section, the agency shall make appointments under this authority from appropriate registers of eligibles as long as there are available eligibles.

(b) Appointment outside the register. An agency may make emergency-indefinite appointments under this section outside registers of eligibles when all the following conditions are met:

(1) A number of vacancies must be filled immediately as a result of conditions created by the national emergency;

(2) Either the number of vacancies to be filled exceeds the number of immediately available eligibles or emergency conditions do not allow sufficient time to make this determination; and

(3) Available eligibles on registers are given prior or concurrent consideration for appointment to the extent possible within emergency time considerations.

(c) Appointment noncompetitively. An agency may give emergency-indefinite appointments under this section to the following classes of persons without regard to registers of eligibles and the provisions in § 332.102 of this chapter:

(1) Persons who were recruited on a standby basis prior to the national emergency in accordance with applicable requirements published in the Federal Personnel Manual;

(2) Members of the National Defense Executive Reserve, designated in accordance with section 710(e) of the Defense Production Act of 1950, Executive Order 11179 of September 22, 1964, and applications issued by the agency authorized to implement the law and Executive Order; and

(3) Former Federal employees eligible for reinstatement.

(d) Tenure of emergency-indefinite employees. (1) Emergency-indefinite employees do not acquire a competitive status on the basis of their emergency-indefinite appointments.

(2) An emergency-indefinite appointment may be continued for the duration of the emergency for which it is made.

(e) Trial period. (1) The first year of service of an emergency-indefinite employee is a trial period.

(2) The agency may terminate the appointment of an emergency-indefinite employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804 or § 315.805 of this chapter as appropriate.

(f) Eligibility for within-grade increases. An emergency-indefinite employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

(g) Applications of other regulations. (1) The term "indefinite employee" as used in the following includes an emergency-indefinite employee: Section 316.801, Part 351, Part 353, Subpart G of Part 550, and Part 752 of this chapter.

(2) The selection procedures of Part 333 of this chapter apply to emergency-indefinite employees appointed outside the register under paragraph (b) of this section.

in

(3) Despite the provisions § 831.201(a)(11) of this chapter, an employee serving under an emergency-indefinite appointment under authority of this section is excluded from retirement coverage, except as provided in paragraph (b) of § 831.201 of this chapter.

(h) Promotion, demotion, or reassignment. An agency may promote, demote, or reassign an emergency-indefinite employee to any position for which it is making emergency-indefinite appointments.

(5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 54691, Sept. 21, 1979]

Subpart A-Personne! Management Responsibilities

§ 250.101 Delegation agreements.

In certain circumstances, an agency will receive authorities through a delegation agreement developed between the agency headquarters and OPM. The agreement will set forth the conditions for application of a particular authority (or authorities). This agreement will include a description of performance standards and the system of oversight to be used in agency and OPM monitoring of authority use. An agreement will be for an initial period not to exceed two years. Renewals may be for an indefinite period unless modified, suspended or revoked for abuse.

[44 FR 55131, Sept. 25, 1979]

§ 250.102 Authority to take corrective action, suspend, or revoke agreement.

If OPM finds that the agency has taken an action under a delegated agreement contrary to law, rule, regulation or standard, it may require the agency to take corrective action. If, in the judgment of OPM, the agency is not adhering to the provisions of the delegated agreement, it may suspend or revoke the agreement at any time. [44 FR 55132, Sept. 25, 1979]

PART 293-PERSONNEL RECORDS Subpart A--Basic Policies on Maintenance of Personnel Records