[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR316.302]

[Page 171-172]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 316_TEMPORARY AND TERM EMPLOYMENT--Table of Contents
 
                        Subpart C_Term Employment
 
Sec. 316.302  Selection of term employees.

    (a) Competitive term appointment. An agency may make a term 
appointment under part 332 of this chapter, by using competitive 
procedures, or under part 337 of this chapter, by using direct-hire 
procedures, as appropriate.
    (b) Noncompetitive term appointment. An agency may give a 
noncompetitive term 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;
    (2) Veterans readjustment appointment (VRA) under Sec. 307.103 of 
this chapter. Term appointments under this section are permitted only at 
the grade levels authorized for VRA appointments. Such appointments are 
competitive service appointments not excepted VRA appointments and do 
not lead to conversion to career-conditional appointment;
    (3) Career or career-conditional appointment under Sec. Sec. 
315.601, 315.604, 315.605, 315.606, 315.607, 315.608, 315.609, 315.703, 
or 315.711 of this chapter;

[[Page 172]]

    (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 having left a term appointment 
prior to serving the 4-year maximum amount of time allowed under the 
appointment. Reappointment must be to a position in the same agency 
appropriate for filling under term appointment and for which the 
individual qualifies. Combined service under the original term 
appointment and reappointment must not exceed the 4-year limit; or
    (8) Conversion in the same agency from a current temporary 
appointment when the employee is or was within reach on a certificate of 
eligibles for term appointment at any time during service in the 
temporary position. Within reach means that the person could have been 
selected for the position under competitive hiring procedures, including 
veterans' preference. The certificate must have been actually used for 
term appointment. The person must have been continuously employed in the 
position from the date found within reach to the date converted to a 
term appointment.
    (c) Term employees are eligible for an extension of their 
appointment in accordance with the time limits in Sec. 316.301 even if 
their eligibility for noncompetitive appointment expires or is lost 
during the period they are serving under term employment.

[63 FR 63783, Nov. 17, 1998, as amended at 68 FR 35268, June 13, 2003; 
69 FR 33275, June 15, 2004]