[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: 5CFR316.403]

[Page 173-174]
 
                    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. 316.403  Designation of provisional appointments.

    (a) Conditions for designation. An agency may designate a temporary 
appointment as a provisional appointment only when all of the following 
conditions are met:
    (1) The appointment is made to fill a continuing position by a 
provisional appointment leading to permanent appointment when the 
position must be filled more quickly than would be possible under the 
procedures required for nontemporary appointment or when such a 
provisional appointment is a requirement of the applicable authority;
    (2) The agency must have current budgetary and appointing authority 
for the nontemporary appointment (assuming satisfactory completion of 
the required procedures); and
    (3) The agency must have a specific intention to convert the 
appointee to a nontemporary appointment under appropriate authority 
before the expiration of the temporary appointment, must state this 
intention in any written offer of employment and document this intention 
as part of the permanent record of the initial appointment in accordance 
with instructions issued by OPM.
    (b) Authority for provisional appointments. Provisional appointments 
must be made under an authority established by law, Executive order, or 
regulation or granted by OPM. Appointments which may be treated as 
provisional appointments under this paragraph may be made under any 
appropriate authority, including, but not limited to:

[[Page 174]]

    (1) Noncompetitive temporary appointments of disabled veterans under 
Sec. 316.402(b)(5), when the appointments are intended to afford 
eligibility for conversion in accordance with Sec. 315.707 of this 
chapter and section 3112 of title 5, United States Code;
    (2) Temporary appointments of nurses in the Department of Veterans 
Affairs, when the appointments are made under the provisions of section 
4114 of title 38, United States Code, with the intention of converting 
the appointees to continuing appointments as soon as the appointees 
obtain required State certification or registration and/or the agency 
completes necessary verification of references;
    (3) Temporary transitional Schedule C appointments made under 
Sec. 213.3302 of this chapter, when the appointees are to be converted 
to nontemporary Schedule C appointments upon OPM approval and completion 
of necessary clearances.
    (4) Senior Executive Service limited term and limited emergency 
appointments made under Sec. 317.601 of this chapter, when the 
appointees are to be converted to nontemporary appointments in the 
Senior Executive Service or to nontemporary Presidential appointments, 
upon further action, such as OPM approval, White House clearance, and/or 
confirmation by the Senate; and
    (5) Temporary appointments of severely physically handicapped 
individuals, when such appointments are required to demonstrate 
qualifications for nontemporary appointment under Sec. 213.3102(u) of 
this chapter, and when the appointees will be converted to such 
nontemporary appointment upon successful performance in the trial 
position.

[56 FR 10142, Mar. 11, 1991, as amended at 60 FR 35120, July 6, 1995; 63 
FR 63784, Nov. 17, 1998; 66 FR 66710, Dec. 27, 2001]

Subpart E  [Reserved]