(7) "Metropolitan area of Washington, D.C.", means the District of Columbia; Alexandria, Fairfax, and Falls Church Cities, Va.; Arlington, Fairfax, Loudoun, and Prince William Counties, Va.; and Charles, Montgomery, and Prince Georges Counties, Md.

(8) "Noncompetitive action" means a promotion, demotion, reassignment, transfer, reinstatement, or an appointment based on prior service.

(9) "Overseas" means outside the continental United States, but does not include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands.

(10) "Position change" means a promotion, demotion, or reassignment.

(11) "Promotion" means a change of an employee, while serving continuously within the same agency:

(i) To a higher grade when both the old and the new positions are under the General Schedule or under the same type graded wage schedule; or

(ii) To a position with a higher rate of pay when both the old and the new positions are under the same type ungraded wage schedule, or are in different pay method categories.

a

(12) "Reassignment" means change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion.

(13) "Reemployed annuitant" means an employee whose annuity under subchapter III of chapter 83 of title 5, United States Code, was continued on reemployment in an appointive position on or after October 1, 1956.

(14) "Register" means a list of qualified applicants compiled in order of relative standing for certification.

(15) "Reinstatement" means the noncompetitive reemployment for service as a career or career-conditional employee of a person formerly employed in the competitive service who had a competitive status or was serving probation when he was separated from the service.

(16) "Status quo employee" means an employee who failed to acquire a competitive status when the position 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 agency.

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

[33 FR 12407, Sept. 4, 1968, as amended at 34 FR 19495, Dec. 10, 1969; 38 FR 22535, Aug. 22, 1973]

Subpart A-Competitive Service

§ 212.101 Definitions.

In this chapter:

(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 President, 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 44 FR 75615, Dec. 21, 1979]

§ 212.102 Authority to make determinations.

OPM determines finally whether a position is in the competitive service.

Subpart B-[Reserved]

Subpart C-Competitive Status

§ 212.301 Competitive status defined.

In this chapter, competitive status means an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under a careerconditional or career appointment or under a career executive assignment following open competitive examination, or by statute, Executive order, or the Civil Service rules, without open competitive examination. An individual with competitive status may be, without open competitive examination, reinstated, transferred, promoted, reassigned, or demoted, subject to conditions prescribed by the Civil Service rules and regulations.

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, Education, and Welfare.

213.3227 Veterans Administration 213.3228 International

Agency.

Communication

Sec.

213.3270 Office of Personnel Management. 213.3272 Administrative Office of the U. S.

Courts.

213.3273 Community Services Administration.

213.3274 Smithsonian Institution.

213.3276 Appalachian Regional Commission.

213.3282 National Foundation on the Arts and the Humanities.

213.3284 Department of Housing and Urban Development.

213.3291 Office of Personnel Management. 213.3292 Federal Labor Relations Authori

ty.

213.3295 Pennsylvania Avenue Development Corporation.

SCHEDULE C

213.3301 Positions of a confidential or policy-determining character.

213.3301b Revocation of exceptions. 213.3303 Executive Office of the President. 213.3304 Department of State.

213.3305 Department of the Treasury.

213.3306 Department of Defense.

213.3307 Department of the Army.

213.3308 Department of the Navy.

213.3309 Department of the Air Force. 213.3310 Department of Justice. 213.3311 Federal Judicial Center. 213.3312 Department of the Interior. 213.3313 Department of Agriculture. 213.3314 Department of Commerce. 213.3315 Department of Labor.

213.3316 Department of Health, Education, and Welfare.

213.3317 Overseas Private Investment Corporation.

213.3118 Environmental Protection Agency. 213.3319 Administrative Conference of the United States.

213.3320 Inter-American Foundation. 213.3322 Interstate Commerce Commission.

213.3325 The Tax Court of the United States.

213.3327 Veterans Administration. 213.3328 International Communication Agency.

213.3330 Securities and Exchange Commission. 213.3331

Department of Energy. 213.3332 Small Business Administration. 213.3333 Federal Deposit Insurance Corporation.

213.3334 Federal Trade Commission. 213.3337 General Services Administration. 213.3338 Federal Communications Commission.

213.3339 U.S. International Trade Commission.

213.3253 Government of the District of Columbia.

213.3257 National Credit Union Administration.

213.3259 ACTION.

213.3340

Civil Aeronautics Board.

National Labor Relations Board.

§ 213.102 Identification of positions in Schedule A, B, or C.

The Office of Personnel Management shall decide whether the duties of any particular position are such that it may be filled as an excepted position under Schedule A, B, or C. Authority to establish positions under Schedule C may be delegated under terms of an agreement between the Office and employing agencies. Establishment of Schedule C positions 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.

§ 213.3102 Entire executive civil service. (a) Positions of Chaplain and Chaplain's Assistant.

(b) Cooks, except at fixed locations such as hospitals, quarantine stations, and penal institutions.

(c) Positions to which appointments are made by the President without confirmation by the Senate.

(d) Attorneys.

(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