service registers or their ratings or relative standings are not information available to the public. However, information of that type may be disclosed to Members of Congress and the press under the specific conditions prescribed in the Administrative Manual of the Commission. Subpart F-Investigations § 294.601 Investigative reports. (a) The Commission or other Government agency will disclose to the parties concerned any report of investigation under its control in a proceeding under Part 352, 353, 771, or 772 of this chapter and the report of investigation or the written summary thereof in a proceeding under Part 713 of this chapter, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy or violate the proscription against the disclosure of medical information in § 294.401. For the purpose of this paragraph, the "parties concerned" means the Government employee or former Government employee involved in the proceeding, his representative designated in writing, and the representative of the agency involved in the proceeding. (b) The Commission, in suitability rating actions under Part 731 of this chapter, will disclose to an applicant, eligible, or appointee, or a representative designated in writing, such information from reports of investigation as the Commission determines is sufficient to enable him to respond to an interrogatory or other question without revealing the source of information given in confidence. The Commission will furnish a report of investigation to the Government agency concerned. (c) The Commission or other Government agency does not make a report of investigation or information from a report under its control available to the public, to witnesses, or, except as provided in paragraphs (a) and (b) of this section, to the parties concerned in the investigation. Subpart G-Official Personnel sion or a Federal agency having custody of the Folder. § 294.702 Availability of information. (a) The name, position title, grade, salary, and duty station of a Government employee is information available to the public, except when: (1) The release of that information is prohibited under law or Executive order in the interest of national defense or foreign policy; (2) The information is sought for the purpose of commercial or other solicitation; or (3) There is reason to believe that the information is sought for purposes which may violate the political activity prohibitions in subchapter III of chapter 73 of title 5, United States Code, or which may violate other law. (b) In addition to the information that may be made available under paragraph (a) of this section, the following information may be made available to a prospective employer of a Government employee or former Government employee: (1) Tenure of employment; (3) Length of service in the agency and the Government; and (4) When separated, the date and reason for separation shown on the Notification of Personnel Action, Standard Form 50. (a) The Official Personnel Folder of a Government employee or former Government employee shall be disclosed to him, or to his representative designated in writing, in the presence of a representative of the agency having physical custody of the Folder. However, before disclosure the following information shall be removed from the folder: (1) Medical information the disclosure of which is proscribed by § 294.401; (2) Test material the disclosure of which is proscribed by § 294.501; and (3) Investigative reports the disclosure of which is proscribed by § 294.601. (b) On official request, an Official Personnel Folder shall be disclosed to a Member of Congress, a representative of a Congressional committee, or an official of the legislative or judicial branch or of the government of the District of Columbia. However, before disclosure all material that relates to loyalty or security under Executive Order 9835 or 10450 or any other authority shall be removed from the folder. (c) An Official Personnel Folder shall be disclosed to an official of the executive branch who has a need for the information in the performance of his official duties. Subpart H-Appeals § 294.801 Agency administrative appeals. (a) An appeal file established under § 771.208 of this chapter or a complaint file established under § 713.220 of this chapter shall be disclosed to the parties concerned, subject to the proscription against the disclosure of medical information in § 294.401. For the purpose of this section, "the parties concerned” means the Government employee or former Government employee involved in the proceeding, his representative designated in writing, and the representatives of the agency or the Commission involved in the proceeding. (b) The agency having custody of an appeal or complaint file, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from such a file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy: (1) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned; (2) The status of the case; (4) The nature of the action appealed or the subject of the complaint; and (5) With the consent of the parties concerned, other specifically identified information from the file. (c) The agency having custody of an appeal or complaint file may fix reasonable times and places for disclosure under this section. 7521 of title 5, United States Code, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy or violate the proscription against the disclosure of medical information in § 294.401. (b) The Commission will disclose to the parties concerned the information contained in an appeal or complaint file in proceedings under Part 352, 353, 713, or 772 of this chapter, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy or violate the proscription against the disclosure of medical information in § 294.401. For the purpose of this section, "the parties concerned" means the Government employee or former Government employee involved in the proceeding, his representative designated in writing, and the representative of the agency or the Commission involved in the proceeding. (c) The Commission, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from an appeal or complaint file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy: (1) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned; (2) The status of the case; (3) The decision on the case; (4) The nature of the action appealed or the subject of the complaint; and (5) With the consent of the parties concerned, other specifically identified information from the file. Subpart 1-Retirement 300.901 Temporary appointment of substitutes in the postal field service. 300.902 Change of substitutes to regulars in the postal field service. AUTHORITY: The provisions of this Part 300 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., unless otherwise noted. §§ 300.601 to 300.605 interpret and apply 5 U.S.C. 3101 note. SOURCE: The provisions of this Part 300 appear at 28 F.R. 10048, Sept. 14, 1963, unless otherwise noted. Subpart A-[Reserved] Subpart B-[Reserved] Subpart C-Commission Approval in Filling Positions in GS-16 and Above (a) "Active military duty" means active duty in full pay status in the Armed Forces of the United States, including an initial period of active duty for training in accordance with section 262 of the Armed Forces Reserve Act of 1952, as amended (69 Stat. 600; 50 U.S.C. 1013); and (b) "Obligated position" means a position to which an employee has a statutory restoration right based on active military duty or a reemployment right based on Subpart B of Part 352 of this Chapter. and reinstatement) made within 1 year after separation from a nontemporary appointment. (b) This subpart does not apply: (1) When the position from which the advancement is made is outside the competitive service and in the legislative or judicial branch; or (2) When the position from which the advancement is made is not subject to the Classification Act, unless the employee advanced held a position subject to that Act within the preceeding year. § 300.602 Restrictions. (a) Advancement to positions at GS12 or above. An agency may advance an employee to a position at GS-12 or above only after he has served 1 year at the next lower grade. (b) Advancement to positions at GS-6 through GS-11. An agency may advance an employee to a position at GS-6 through GS-11 only after he has served: (1) One year in a position two grades lower, when the position to which he is advanced is in a line of work properly classified at two-grade intervals; or (2) One year at the next lower grade, when the position to which he is advanced is in a line of work properly classified at one-grade intervals. (c) Advancement to positions at GS-5 or below. An agency may advance an employee to a position at GS-5 or below which is not more than two grades above the lowest grade he held within the preceding year under a nontemporary appointment. § 300.603 Exceptions to restrictions. (a) Section 300.602 does not prevent the advancement of an employee when: (1) The advancement is in accordance with a training agreement which has been approved by the Commission; however, an agency may not make promotions of more than two grades in 1 year solely on the basis of a training agreement or series of training agreements; (2) The advancement is to any grade or level up to that from which the employee has ever been demoted or separated by any agency because of a reduction in force; (3) The employee is within reach on a register for competitive appointment to the position to be filled; or (4) The Commission, on request of the head of the agency, authorizes the ad vancement to avoid undue hardship or inequity, in an individual case of meritorious nature. (b) Section 300.602 (a) and (b) do not prevent the advancement of an employee who has 1 year of service in a position two grades lower than the position to be filled if there is no position in the normal line of promotion that is one grade lower than the position to be filled. (c) Section 300.602(c) does not prevent the advancement of an employee to a position at grade GS-5 or below which he held previously or to which he could have been advanced previously under that paragraph. § 300.604 Periods of creditable service. (a) The periods of service required by § 300.602 (a) and (b) and § 300.603(b) include all service at the appropriate or higher grade or level in positions in the Federal or District of Columbia civilian service regardless of whether or not the positions were subject to the Classification Act. (b) When two periods of service in positions subject to the Classification Act are interrupted for less than 1 year by service in a position not subject to the Classification Act, the latter service is counted as a continuation of the prior service in the position subject to the Classification Act. (c) Except as provided in paragraph (b) of this section, service in a position not subject to the Classification Act is counted at the equivalent Classification Act grade in effect when the service was performed. The equivalent Classification Act grade is that grade the minimum rate of which was equivalent to or higher than the base salary rate of the service not subject to the Classification Act. However, when the base salary rate of the service not subject to the Classification Act was not more than one withingrade step below the minimum rate of a Classification Act grade, that Classification Act grade is the equivalent Classification Act grade. [28 F.R. 10048, Sept. 14, 1963, as amended at 29 F.R. 7766, June 18, 1964] § 300.605 Other time restrictions. The time-in-grade restrictions in this subpart are in addition to the time-after-competitive-appointment restriction contained in § 330.501 of this chapter. Subpart G-[Reserved] Subpart H-[Reserved] Subpart 1-Employment of Substitutes in the Field Service of the Post Office Department § 300.901 Temporary appointment of substitutes in the postal field service. When a quota of substitutes in the postal field service is filled and the Post Office Department has authorized the appointment of additional substitutes for temporary work of indefinite duration, the appointing officer may fill those positions by either of the following methods: (a) The appointment of former Federal employees with eligibility for reinstatement. A person so appointed does not gain career status from the appointment. (b) The selection of eligibles from a certificate furnished by the Commission on request of the appointing officer. The appointing officer shall make selection from a certificate in accordance with §§ 332.404 through 332.407 of this chapter. A person so appointed does not obtain a competitive status from the appointment. § 300.902 Change of substitutes to regulars in the postal field service. (a) General. When a vacant regular position in the postal field service is to be filled, the appointing officer may fill it by: (1) Changing a substitute to regular, if the substitute is eligible for and will accept the regular position; or (2) Position change, reinstatement, or transfer of a person with competitive status in accordance with this chapter. (b) Order in which changes are made. (1) An appointing officer shall change substitutes to regulars in the order of their original appointments. An appointing officer shall change substitutes who were appointed on the same day to regulars in the order in which their names appeared on the register from which they were appointed. (2) When corrective action on an appointment is taken to comply with the requirements of Subpart D of Part 332 of this chapter, "order of original appointment" means the order in which appointment would have been made had the correct action been taken originally. (5 U.S.C. 3364) 301.203 301.204 301.205 Appointment of citizens recruited 301.206 Requirements and restrictions. AUTHORITY: The provisions of this Part 301 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., as amended by E.O. 10641; 3 CFR, 1954-1958 Comp. SOURCE: The provisions of this Part 301 appear at 28 F.R. 10050, Sept. 14, 1963, unless otherwise noted. Subpart A-[Reserved] § 301.202 Appointment of United States citizens recruited overseas. Subject to prior agreement between an agency and the Commission, the agency may give an overseas limited appointment to a United States citizen recruited overseas, unless there is an adequate and appropriate register resulting from an examination held in the locality where the vacancy exists. § 301.203 Appointment of citizens recruited outside overseas areas. When the Commission determines that unusual or emergency conditions make it infeasible to appoint from register, it may authorize an agency to give an overseas limited appointment to a United States citizen recruited in an area where an overseas limited appointment is not authorized. § 301.204 Duration of appointment. (a) An appointment under this subpart is of indefinite duration unless otherwise limited. (b) An agency may make overseas limited term appointment for a period |