[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR302.101]

[Page 134]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 302--EMPLOYMENT IN THE EXCEPTED SERVICE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 302.101  Positions covered by regulations.


    (a) Positions covered. With respect to the application of veteran 
preference, this part applies to each position in the Executive Branch 
of the Federal Government that is not in the competitive service and 
that is subject to the provisions of title 5, United States Code, or 
subject to a statutory requirement to follow the veteran preference 
provisions of title 5. With respect to restoration rights that are due 
to compensable injury and appeals therefrom, this part applies to those 
positions covered by 5 U.S.C. 8101(1) that are not in the competitive 
service.
    (b) Positions not covered. This part does not apply to a position or 
appointment that is required by the Congress to be confirmed by, or made 
with the advice and consent of, the Senate.
    (c) Positions exempt from appointment procedures. In view of the 
circumstances and conditions surrounding employment in the following 
classes of positions, an agency is not required to apply the appointment 
procedures of this part to them, but each agency shall follow the 
principle of veteran preference as far as administratively feasible and, 
on the request of a qualified and available preference eligible, shall 
furnish him/her with the reasons for his/her nonselection. Also, the 
exemption from the appointment procedures of this part does not relieve 
agencies of their obligation to accord persons entitled to priority 
consideration (see Sec. 302.103) their rights under 5 U.S.C. 8151:
    (1) Positions filled by persons appointed without pay or at pay of 
$1 a year;
    (2) Positions outside the continental United States and outside the 
State of Hawaii and the Commonwealth of Puerto Rico when filled by 
persons resident in the locality, and positions in the State of Hawaii 
and the Commonwealth of Puerto Rico when paid in accordance with 
prevailing wage rates;
    (3) Positions which the exigencies of the national defense program 
demand be filled immediately before lists of qualified applicants can be 
established or used, but appointments to these positions shall be 
temporary appointments not to exceed 1 year which may be renewed for 1 
additional year at the discretion of the agency;
    (4) Positions filled by appointees serving on an irregular or 
occasional basis whose hours or days of work are not based on a 
prearranged schedule and who are paid only for the time when actually 
employed or for services actually performed;
    (5) Positions paid on a fee basis;
    (6) Positions included in Schedule A (see subpart C of part 213 of 
this chapter) and similar types of positions when OPM agrees with the 
agency that the positions should be included hereunder;
    (7) Positions included in Schedule C (see subpart C of part 213 of 
this chapter) and positions excepted by statute which are of a 
confidential, policy-making, or policy-advocating nature;
    (8) Student Trainee positions when filled under Schedule B (see 
subpart C of part 213 of this chapter);
    (9) Attorney positions; and
    (10) Positions filled by reemployment of an individual in the same 
agency and commuting area, at the same or lower grade, and under the 
same appointing authority as the position last held; Provided That, 
there are no candidates eligible for the position on the agency's 
priority reemployment list established in accordance with Sec. 302.303.
    (11) Positions for which a critical hiring need exists when filled 
under Sec. 213.3102(i)(2) of this chapter.

[55 FR 9407, Mar. 14, 1990, as amended at 58 FR 58260, Nov. 1, 1993; 60 
FR 10006, Feb. 23, 1995]