tinuous 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 OPM 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.

§ 307.101 Definitions.

In this part: (a) “Veteran" has the meaning given in section 2011(2)(A) of title 38, United States Code.

(b) "Vietnam era" is the period beginning August 5, 1964 and ending May 7, 1975.

(c) "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.

[40 FR 28445, July 7, 1975, as amended at 40 FR 44111, Sept. 25, 1975; 44 FR 3944, Jan 19, 1979]

§ 307.102 Basic eligibility.

(a) A veteran may receive a veterans readjustment appointment if s/he:

(1) Has 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 unless compensably

disabled or discharged because of service-connected disabilities, in which case the 14-year educational requirement does not apply; and

(3) Agrees in writing that during employment under the appointment, veteran will pursue a training or educational program developed under § 307.104.

(b) A Vietnam era veteran may be given a veterans readjustment appointment at any time following separation from the service, except that no veterans readjustment appointment may be made under current statutory authority after September 30, 1981.

[44 FR 3944, Jan. 19, 1979]

§ 307.103 Appointment authority.

(a) An agency may appoint any veteran eligible under § 307.102 who meets the qualification standards of the Office of Personnel Management for the position, to a position at GS-7 or below, or the equivalent in another pay system. On the basis of military and civilian experience, any veteran eligible under § 307.102 is deemed to meet the qualification standards for positions at GS-3 and below, and equivalent levels: Provided, The agency considers the veteran 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 Office. A law, Executive Order, or regulation which disqualifies a person for appointment in the competitive service also disqualifies a person for a veterans readjustment appointment.

[36 FR 6488, Apr. 6, 1971, as amended at 44 FR 3944, Jan. 19, 1979]

§ 307.104 Training or educational programs.

(a) Each agency shall develop a training or educational program for each employee given a veterans readjustment appointment.

(b) The Office shall establish and publish guidelines for developing

§ 308.101 Definitions.

In this part: "Student" is an individual who is enrolled not less than halftime in a high school, trade school, technical or vocational institute, junior college, college, university or other accredited educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such individual shows to the satisfaction of the agency that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately after the interim.

"Volunteer Service" under the Act is limited to services performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experience for the student. Such service is to be uncompensated and will not be used to displace any employee or to staff a position which is a normal part of the agency's work force.

§ 308.102 Eligibility and status.

(a) Minimum Age. The selection of students to participate under the program should be in conformance with either Federal, State, or local laws and standards governing the employment of minors.

(b) Status. A student participating under an agency volunteer program is not considered to be a Federal employee for any purposes other than injury compensation or laws related to the Tort Claims Act. Service is not creditable for leave accrual or any other employee benefits.

§ 308.103 Authority.

Section 301 of the Civil Service Reform Act of 1978, Pub. L. 95-454, authorized Federal departments and agencies to establish programs designed to provide educationally related work assignments for students in nonpay status.

(a) "Relative" means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in

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, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement.

(c) "Chain of Command" is the line of supervisory personnel that runs from a public official to the head of his agency.

(a) A public official shall not advocate one of his relatives for appointment, employment, promotion, or advancement to a position in his agency or in an agency over which he exercises jurisdiction or control.

(b) A public official shall not appoint, employ, promote, or advance to a position in his agency or in an agency over which he exercises jurisdiction or control:

(1) One of his relatives; or

(2) The relative of a public official of his agency, or of a public official who exercises jurisdiction or control over his agency, if the public official has advocated the appointment, employment, promotion, or advancement of that relative.

(c) For the purpose of this section, a public official who recommends a relative, or refers a relative for consideration by a public official standing lower in the chain of command, for appointment, employment, promotion, or advancement is deemed to have advocated the appointment, employment, promotion, or advancement of the relative.

(d) This section does not prohibit the appointment in the competitive service of a preference eligible if (1) his name is within reach for selection from an appropriate certificate of eligibles and (2) an alternative selection cannot be made from the certificate without passing over the preference eligible and selecting an individual who is not a preference eligible.

Subpart B-Emergency Exceptions § 310.201 Coverage.

This subpart applies to an office, agency, or other establishment in the executive, legislative, or judicial branch of the Federal Government, and in the government of the District of Columbia.

(5 U.S.C. 3110)

§ 310.202 Exceptions.

When necessary to meet urgent needs resulting from an emergency posing an immediate threat to life or property, or a national emergency as defined in the Federal Personnel

Sec.

315.603 Appointment based on former incumbency of a position brought into the competitive service.

315.604 Employment of disabled veterans who have completed a training course under Chapter 31 of title 38, United States Code.

315.605 Appointment of former ACTION

volunteers.

315.606 Noncompetitive appointment of certain present and former Foreign Service officers and employees. 315.607 Noncompetitive appointment of present and former Peace Corps personnel.

Subpart G-Conversion to Career or CareerConditional Employment From Other Types of Employment

315.701 Incumbents of positions brought into the competitive service.

315.702 Employees serving without competitive examination in rare cases. 315.703 Employees formerly reached on a register.

315.704 Conversion to career employment from indefinite or temporary employment.

315.705 Employees serving under transitional or veterans readjustinent appointments.

315.706 Certain nonpermanent employees of the Department of Energy. 315.707 Disabled veterans. 315.708 Conversion based on service as a Presidential Management Intern. 315.709 Mentally retarded and severely physically handicapped employees serving under Schedule A appointments. 315.725 Disqualifications.

Sec.

315.906 Crediting service toward completion of the probationary period. 315.907 Failure to complete the probationary period.

315.908 Appeals.

315.909 Relationship to other actions.

AUTHORITY: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted. §§ 315.605 and 315.801(a)(6) also issued under Pub. L. 93113 and E.O. 11103, 3 CFR, 1959-1963 Comp., p. 762; §§ 315.201(c)(3), 315.601 and 315.801(a)(3) interpret and apply 76 A Stat. 18; 2 C.Z.C. 149(c)(2); E.O. 9830, 3 CFR, 1943-1948 Comp., p. 606, unless otherwise noted.

SOURCE: 33 FR 12418, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved]

Subpart B-The Career-Conditional Employment System

§ 315.201 Service requirement for career tenure.

(a) Service requirement. Except as provided in paragraph (c) of this section, 3 years of creditable service are required for an employee to become a career employee.

(b) Creditable service. OPM shall publish in the Federal Personnel Manual the conditions under which service may be credited in meeting the service requirement in paragraph (a) of this section.

(c) Exceptions from service requirement. The service requirement for career tenure does not apply to:

(1) An appointment to a position required by law to be filled on a permanent basis, or a conversion under this part while the employee is serving in such a position;

(2) An appointment from a register of a person who once completed the service requirement for career tenure;

(3) An appointment under § 315.601 of a former Canal Zone Merit System employee who completed the service requirement for career tenure under that system; or

(4) The reinstatement of a person who once completed the service requirement for career tenure.

[33 FR 12418, Sept. 4, 1968, as amended at 43 FR 34428, Aug. 4, 1978]

(a) Except as provided in paragraph (b) of this section, an eligible appointed from a register for other than temporary or term employment becomes a career-conditional employee.

(b) An eligible appointed from a register for other than temporary or term employment becomes a career employee when he is excepted from the service requirement for career tenure by § 315.201(c).

§ 315.302 Acquisition of competitive status.

An employee appointed as provided in § 315.301 acquires a competitive status automatically on completion of probation.

Subpart D-Career or Career-Conditional Employment by Reinstate

ment

§ 315.401 Reinstatement.

(a) Agency authority. An agency may reinstate a person who had a competitive status or was serving probation when he was separated.

(b) Time limit. There is no time limit on the reinstatement of a preference eligible or a person who completed the service requirement for career tenure. An agency may reinstate a nonpreference eligible who has not completed the service requirement for career tenure only within 3 years following the date of his separation.

§ 315.402 Tenure on reinstatement.

(a) Except as provided in paragraph (b) of this section, a person who is reinstated becomes a career-conditional employee.

(b) A person who is reinstated becomes a career employee when he has