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5 U.S.C. 1103, 1104, 1302, 2301, 3502, 3503, 38 U.S.C. 4331; E.O. 14284, 90 FR 17729; 5 CFR 2.2(c). Sec. 351.801 also issued under E.O. 12828, 58 FR 2965, 3 CFR, 1993 Comp., p. 569.
51 FR 319, Jan. 3, 1986, unless otherwise noted.
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(a) An agency may, at its discretion, adopt provisions that provide competing employees in the excepted service with assignment rights to other positions under the same appointing authority on the same basis as assignment rights provided to competitive service employees under § 351.701.
(b) Provisions adopted by an agency under paragraph (a) of this section:
(1) Shall be consistent with this part;
(2) Shall be uniformly and consistently applied in any one reduction in force;
(3) May not provide for the assignment of an other-than-full-time employee to a full-time position;
(4) May not provide for the assignment of a full-time employee to an other-than-full-time position;
(5) May not provide for the assignment of an employee in a competitive service position to a position in the excepted service; and
(6) May not provide for the assignment of an employee in an excepted position to a position in the competitive service.
[51 FR 319, Jan. 3, 1986, as amended at 62 FR 62502, Nov. 24, 1997; 91 FR 49226, Aug. 3, 2026]