[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR316.701]

[Page 178-179]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 316_TEMPORARY AND TERM EMPLOYMENT--Table of Contents
 
    Subpart G_Retention of Incumbents of Positions Brought Into the 
                           Competitive Service
 
Sec. 316.701  Public or private enterprise taken over by Government.


    (a) When the Office, or an agency acting under an agreement with the 
Office, finds that the Federal Government has taken over a public or 
private enterprise, or an identifiable unit thereof, and that a position 
has thereby been brought into the competitive

[[Page 179]]

service, the agency may retain the incumbent of the position.
    (b)(1) When an agency retains an employee under paragraph (a) of 
this section in a position which it determines to be a continuing one, 
the agency gives the employee a status quo appointment and shall decide 
on a timely basis whether it will convert that individual's employment 
to career or career-conditional under Sec. 315.701 of this chapter.
    (2) When an agency decides not to effect conversion under Sec. 
315.701 of this chapter, or the employee fails to qualify for 
conversion, the agency, in its discretion, may retain the employee as a 
status quo employee.
    (c) An agency may retain an employee under paragraph (a) of this 
section in a position that it determines is noncontinuing under a 
temporary appointment. That appointment may be made for a period not to 
exceed 1 year and will be subject to the time limits set out in Sec. 
316.402.

[44 FR 55133, Sept. 25, 1979, as amended at 60 FR 39101, Aug. 1, 1995; 
63 FR 63784, Nov. 17, 1998]