Each agency shall report to the Commission, in such manner and at such times as the Commission may prescribe, such personnel information as it may request relating to positions and officers and employees in the competitive service and in the excepted service, whether permanent or career, career-conditional, indefinite, temporary, emergency, or subject to contract.

§ 7.3 Reemployment rights.

The Commission, whenever it determines it to be necessary, shall prescribe regulations governing the release of employees (both within the competitive service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting, and exercise of rights to reemployment in the agencies from which employees are released.

8.4

Positions excepted from the application of this part.

AUTHORITY: The provisions of this Part 8 issued under 5 U.S.C. 3301, 3302.

SOURCE: The provisions of this Part 8 appear at 28 F.R. 10025, Sept. 14, 1963, unless otherwise noted.

§ 8.1 Additional authority of the Com. mission.

In addition to authorizing the recruitment and appointment of persons to overseas positions under regulations issued under the preceding Rules, the Commission may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in § 8.2. As used in this part, "overseas positions" means positions in foreign countries and in other areas beyond the continental limits of the United States, except as provided in § 8.4.

§ 8.2 Appointment of United States citizens.

United States citizens may be recruited overseas for appointment to overseas positions in the competitive service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of the Commission for overseas positions may be given appointments to be known as "overseas limited appointments." Such appointments shall be of temporary or indefinite duration, and shall not confer the right to acquire a competitive status. The Commission may authorize overseas limited appointments for United States citizens recruited within the continental limits of the United States whenever it determines that it is not feasible to appoint from a civil-service register. Persons serving under appointments made pursuant to this section are hereby excluded from the operation of the Civil Service Retirement Act of May 29, 1930, as amended, unless eligible for retirement benefits by continuity of service or otherwise.

Sec.

9.1

9.2

9.3

9.4

9.5

9.6

9.7

9.8

9.9

ASSIGNMENT

SYSTEM FOR POSITIONS IN GRADES GS-16, 17, AND 18 OF THE GENERAL SCHEDULE (RULE IX)

Coverage.

IN GENERAL

Filling positions covered by this part.
CAREER EXECUTIVE ASSIGNMENTS
Qualifications required for a Career Ex-
ecutive Assignment.

Recruitments for Career Executive As-
signments.

Career Executive Assignments; selec-
tion and assignment.

Authorization of Limited Executive
Assignments.

Qualifications required for a Limited

Executive Assignment.

Limited Executive Assignment; selection and assignment.

Removal from a Limited Executive Assignment.

9.10 Limited Executive Assignment; change to other type of appointment. NONCAREER EXECUTIVE ASSIGNMENTS 9.20 Exception of positions to be filled by Noncareer Executive Assignments. Qualifications required for a Noncareer Executive Assignment.

9.21

9.22 Noncareer Executive Assignment; selection and assignment.

9.23 Removal from a Noncareer Executive Assignment.

AUTHORITY: The provisions of this Part 9 issued under 5 U.S.C. 3301, 3302.

SOURCE: The provisions of this Part 9 contained in E.O. 11315; 3 CFR, 1966 Comp., unless otherwise noted.

NOTE: Part 9 is effective not later than November 17, 1967 or at such earlier dates as the Civil Service Commission may specify for individual agencies or positions.

IN GENERAL

§ 9.1 Coverage.

Except as otherwise provided by law, this part applies to:

(a) positions in grades 16, 17, and 18 of the General Schedule that are in the Executive Branch, except positions excluded from the coverage of 5 U.S.C. 3324(a) by paragraphs (1), (2), and (4) thereof and any position now or hereafter excepted under Civil Service Rule VI so long as that exception remains in effect; and

(b) persons who are given executive assignments to these positions.

§ 9.2 Filling positions covered by this part.

An appointing officer shall fill a position covered by this part by Career Executive Assignment, unless the Commission authorizes a Limited Executive Assignment under § 9.6 of this part or a Noncareer Executive Assignment under § 9.20 of this part.

CAREER EXECUTIVE ASSIGNMENTS § 9.3 Qualifications required for Career Executive Assignment.

After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Career Executive Assignment.

§ 9.4 Recruitment for Career Executive Assignments.

(a) Before selecting any person for a Career Executive Assignment the appointing officer shall first consider fully employees under his agency's merit promotion program and available employees of other Federal agencies qualified pursuant to paragraph (b) of this section. Only after this consideration may the appointing officer elect to recruit applicants from outside the Federal service pursuant to paragraph (b) of this section.

(b) The Commission shall be responsible for the establishment of special facilities, including special boards and panels, to recruit well-qualified persons for Career Executive Assignments in the Federal service from among employees holding Career Executive Assignments, other eligible employees, and persons outside the Federal service. The appointing officer shall use these special facilities, including special boards and panels, to recruit applicants from outside the Federal service.

(c) The procedures in this section do not apply when the Commission authorizes the movement of an incumbent Career Executive to a Career Executive Assignment at the same or lower grade.

§ 9.5 Career Executive Assignments; selection and assignment.

(a) An appointing officer shall select a person for a Career Executive Assignment solely on the basis of merit and fitness. He shall not permit or consider any political test, qualification, clearance, or recommendation, and shall not discriminate on the basis of race, religion, national origin, sex, age, or physical disability.

(b) The appointing officer may make a Career Executive Assignment only after the Commission has finally approved the qualifications and suitability of the person selected.

§ 9.6

Authorization of Limited Executive Assignments.

(a) The Commission may authorize agencies to fill a position covered by this part by a Limited Executive Assignment when:

(1) the position is expected to be of limited duration; or

(2) the agency concerned establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for Career Executive Assignments.

(b) The Commission shall specify a time limit within which an agency may use this authority and may revoke this authority at any time.

§ 9.7 Qualifications

required for а Limited Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Limited Executive Assignment.

§ 9.8 Limited Executive Assignment; selection and assignment.

An appointing officer may make a Limited Executive Assignment only after the Commission has finally approved the qualifications of the person selected. § 9.9 Removal from a Limited Executive Assignment.

An appointing officer may remove a person from a Limited Executive Assignment when, in his judgment, the purpose of the assignment has been served or conditions warrant discontinuance of the assignment.

§ 9.10 Limited Executive Assignment; change to other type of appointment. If a person completes five years of continuous service in an agency in a Limited

Executive Assignment the appointing officer shall:

(a) convert his assignment to & Career Executive Assignment, or to a Noncareer Executive Assignment;

(b) give him a career appointment to a continuing position in the competitive service in grade GS-15, or below; or (c) separate him from the service. NONCAREER EXECUTIVE ASSIGNMENTS § 9.20 Exception of positions to be filled by Noncareer Executive Assignments. (a) After consulting the agency concerned, the Commission may except a position from the procedures required for making Career Executive Assignments and authorize an agency to fill the position by a Noncareer Executive Assignment when it determines that there is a need for filling the position by a person who 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.

(b) In determining the positions to be excepted 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 grades 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 Assignments would be inappropriate.

(c) The Commission shall not except a position which has as its principal responsibility the internal management of an agency, or a position involving longstanding recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. However, a position concerned with the direction of a scientific program could be appropriately excepted when it meets the criteria set forth in paragraph (a) (1), (2), or (3) of this section.

(d) The Commission shall review periodically the exceptions made under this

section and after consulting the agency concerned, shall revoke an exception when the position no longer meets the criteria for exception. Civil Service Rule III, providing for the noncompetitive acquisition of competitive status, shall not apply in such a case.

(e) Notice of the Commission's decision to grant or revoke authority to make Noncareer Executive Assignments shall be published in the FEDERAL REGISTER. § 9.21

Qualifications required for a Noncareer Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Noncareer Executive Assignment. In addition, as a qualification for continuance in a Noncareer Executive Assignment, the incumbent must continue to maintain the qualifications and relationships that are

(b) "State or local agency" means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof;

(c) "Federal agency" means an executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System;

(d) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include

(1) An individual who exercises no functions in connection with that activity; or

(2) An individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization.

(e) "Political party” means a National political party, a State political party, and an affiliated organization;

(f) "Election" includes a primary, special, and general election;

(g) "Nonpartisan election" means— (1) An election at which none of the candidates is to be nominated or elected

as representing a political party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; and

(2) An election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any other question or issue of a similar character; and

(h) "Partisan" when used as an adjective refers to a political party.

PERMISSIBLE ACTIVITIES

§ 151.111 Permissible activities.

(a) All State or local officers or employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this part. Each employee retains the right to

(1) Register and vote in any election; (2) Express his opinion as an individual privately and publicly on political subjects and candidates;

(3) Display a political picture, sticker, badge, or button;

(4) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(5) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law;

(6) Attend a political convention, rally, fund-raising function, or other political gathering;

(7) Sign a political petition as an individual;

(8) Make a financial contribution to a political party or organization;

(9) Take an active part, as a candidate or in support of a candidate, in a nonpartisan election;

(10) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;

(11) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by State or local law; and

(12) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, effi

ciency, or integrity of his administration of federally funded functions.

(b) Paragraph (a) of this section does not authorize a State or local employee to engage in political activity in violation of Federal, State, or local law, the regulations of his employing agency, or while on duty. The head of a State or local agency may prohibit or limit the participation of an employee or class of employees of his agency in an activity permitted by paragraph (a) of this section, if participation in the activity would interfere with the efficient performance of offical duties, or create a conflict or apparent conflict of interests. PROHIBITED ACTIVITIES

§ 151.121 Use of official authority; coercion; prohibitions.

A State or local officer or employee may not

(a) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or

(b) Directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a political party, committee, organization, agency, or person for a political purpose.

§ 151.122 Political management and political campaigning; prohibitions.

(a) A State or local officer or employee may not take an active part in political management or in a political campaign, except as permitted by this part.

(b) Activities prohibited by paragraph (a) of this section include but are not limited to

(1) Serving as an officer of a political party, a member of a National, State, or local committee of a political party, an officer or member of a committee of a partisan political club, or being a candidate for any of these positions;

(2) Organizing or reorganizing a political party organization or political club;

(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political purpose;

(4) Organizing, selling tickets to, promoting, or actively participating in a fundraising activity of a partisan candidate, political party, or political club.