Appointment of advisory appointees

(a) Appointment of an individual, including a former DHS-CS employee, to an advisory appointment is governed by this subpart J and subpart E of this part.

(b) An individual for appointment to an advisory appointment must participate in the assessment program described in § 158.520. The Secretary or designee must approve the appointment of an individual to an advisory appointment by name, and an individual appointed to an advisory appointment serves at the will of the Secretary.

(c) A DHS-CS advisory appointee may be removed at any time. In accordance with 5 U.S.C. 7511(b), the provisions of 5 U.S.C. Chapter 75, subchapter II do not apply to talent management actions taken under this part for a DHS advisory appointee.

(d) An advisory appointment terminates no later than the end of the term of the U.S. President under which the advisory appointee was appointed.

(e) The Secretary or designee establishes a limit on the number of advisory appointments under this subpart J, and the total number of advisory appointments under this subpart may not exceed that limit at any time.

(f) The Department may not change an advisory appointment to a renewable appointment or continuing appointment.

(g) The Department may not use an advisory appointment solely or primarily for the purpose of detailing any individual to the White House.