5 CFR 302 Requirements and Special Provisions for Attack Related Appointments




Special Provisions

1. Under Secretary of Defense memorandum, subject: Personnel Issues Related to Attacks on the World Trade Center and the Pentagon - Appointment Authority and Policy Waivers, dated September 17, 2001, exempted fill of attack related positions from the Department of Defense Priority Placement Program and other priority placement programs.

2. Office of Personnel Management (OPM) letter to the Under Secretary of Defense, dated September 14, 2001, granted a blanket waiver of repayment of voluntary separation incentive pay for attack related appointments, provided the statute for the buyout program permitted OPM to waive repayment.

3. Deputy Assistant Secretary of the Army (Civilian Personnel Policy) memorandum, subject: Personnel Issues Related to Attacks on the World Trade Center and the Pentagon - Appointment Authority and Policy Waivers, dated September 19, 2001, delegated authority to major Army commanders and the Administrative Assistant to the Secretary of the Army to waive dual compensation reductions for Federal retirees who are rehired in attack related positions. They may further delegate this authority to commanders and activity heads.

4. Under Secretary of Defense memorandum, subject: Personnel Issues Related to Attacks on the World Trade Center and the Pentagon - Appointment Authority and Policy Waivers, dated September 17, 2001, specified that the Schedule A 213.3102(i)(3) authority will be the exclusive means of making temporary appointments for attack related positions for purposes of documentation, consistency and reporting.

5. Policy and Program Development Division Memorandum, subject: In-Processing/Personnel Action Coding Procedures for Buyout Repayment and Dual Compensation Waivers for September 11, 2001, Attack Related Appointments, provided special codes and remarks to be used in completing the Notification of Personnel Action (RPA) to facilitate automated reporting/records keeping to meet OPM requirements.

5 CFR 302 Requirements

1. Application of 5 CFR 302 procedures is optional if no veterans' preference eligible applies for the position (5 CFR 302.104). If there are preference eligible applicants, a special plan that does not conform to all 5 CFR 302 procedural requirements may be established provided veterans' preference eligible persons will receive at least as much advantage as they would receive under 5 CFR 302 procedures (5 CFR 302.105). Absent either of these situations, 5 CFR 302 procedures as outlined below must be followed.

2. Veterans' preference will be granted either through a numerical ranking or unranked procedure as described in 5 CFR 302 (5 CFR 302.201).

3. Qualification requirements (either OPM established or adopted alternative requirements) will be recorded and applied (5 CFR 302.202).

4. Disqualifying factors may be established (5 CFR 302.203).

Vacancy Announcements: If recruitment beyond the local level and/or examination/rating of applicants is necessary, the vacancies will be announced in the "Employment" portion of Civilian Personnel OnLine. There is no need to submit vacancy announcements to OPM for entry into USAJOBS since these appointments are in the excepted service (See 5 United States Code 3329).