[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: 5CFR316.402]

[Page 172-173]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 316--TEMPORARY AND TERM EMPLOYMENT--Table of Contents
 
                 Subpart D--Temporary Limited Employment
 
Sec. 316.402  Procedures for making temporary appointments.

    (a) Competitive temporary appointments. In accordance with the time 
limits in Sec. 316.401, an agency may make a temporary appointment under 
5 CFR part 332 competitive procedures or under 5 CFR part 333 ``outside-
the register'' procedures when there are insufficient eligibles on the 
appropriate register.
    (b) Noncompetitive temporary appointments. In accordance with the 
time limits in Sec. 316.401, an agency may give a noncompetitive 
temporary appointment, without regard to the requirements of parts 332 
and 333 of this chapter, to an individual who is qualified for the 
position and who is eligible for:
    (1) Reinstatement under Sec. 315.401 of this chapter;

[[Page 173]]

    (2) Veterans readjustment appointment under Sec. 307.103 of this 
chapter. Temporary limited appointments under this section are permitted 
only at the grade levels authorized for VRA appointments. Such 
appointments are not VRA appointments and do not lead to conversion to 
career-conditional appointment;
    (3) Career-conditional appointment under Secs. 315.601, 315.604, 
315.605, 315.606, 315.607, 315.608, 315.609, or 315.711 of this chapter;
    (4) Appointment under 5 U.S.C. 3112 (veterans with compensable 
service-connected disability of 30% or more). The disability must be 
documented by a notice of retirement of discharge due to service-
connected disability from active military service dated at any time, or 
by a notice of compensable disability rating from the Department of 
Veterans Affairs, dated within the last 12 months;
    (5) Appointment under 31 U.S.C. 732(g) for current and former 
employees of the General Accounting Office;
    (6) Appointment under 28 U.S.C. 602 for current and former employees 
of the Administrative Office of the U.S. Courts;
    (7) Reappointment on the basis of being a former temporary employee 
of the agency who was originally appointed from a certificate of 
eligibles or under the provisions of part 333 of this chapter. An agency 
may not reappoint a former temporary employee if the individual has 
already served the maximum time allowed in Sec. 316.401 or if the 
position has been filled under temporary appointment for the maximum 
time allowed in Sec. 316.401. Reappointment must be to the same position 
or another position appropriate for temporary appointment with the same 
qualification requirements;
    (8) Reappointment on the basis of being a former temporary employee 
who was originally appointed from a certificate of eligibles or under 
the provisions of part 333 of this chapter and who sustained a 
compensable injury while serving on the temporary appointment. 
Reappointment must be to the same position or another position 
appropriate for temporary appointment with the same qualification 
requirements. If the compensable injury disqualifies the former 
individual from performing such a position, reappointment may be to any 
position for which the individual is qualified. Reappointment must be 
for a minimum of 120 days.
    (c) Extension of temporary appointments. An individual who receives 
a valid temporary appointment will be eligible for an extension in 
accordance with Sec. 316.401 even if his or her eligibility for 
noncompetitive appointment expires or is lost during the authorized 
period of temporary employment.

[63 FR 63784, Nov. 17, 1998]