Fellowship and Similar Appointments in the Excepted Service

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AH91

Fellowship and Similar Appointments in the Excepted Service

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is consolidating

single-agency excepted service authorities for filling positions

associated with fellowships, residencies, industry-exchange, student-

stipend, and similar programs by establishing two Governmentwide

authorities in their place. One authority covers fellowship-type

programs, while the other applies to student employees who are paid

stipends under special statutory provisions.

EFFECTIVE DATE: November 28, 1997.

FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD

(202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: In OPM's continuing efforts to simplify the

Federal appointment system, we are reducing the overall number of

excepted service authorities. As part of this initiative we are

reviewing all appointing authorities that were established to meet

specific agency needs, to determine if exception is still appropriate.

Where it is, we are identifying the situations where individual agency

authorities share enough of a common basis that they can be

consolidated into a single Governmentwide appointing authority that

would apply to all agencies.

On August 11, 1997 (62 FR 42943), OPM published proposed

regulations to establish a new Schedule A authority 213.3102(r) that

would consolidate single-agency authorities covering a variety of

fellowship, internship, residency, industry-exchange and similar

programs. We proposed to establish a separate Schedule A authority

213.3102(s) for positions filled by student-employees assigned to

Government hospitals, clinics or medical or dental laboratories to whom

agencies pay stipends authorized under 5 U.S.C. 5351-5356. These

positions are placed in Schedule A because it is impracticable to

examine for them.

Our proposal also included a conforming amendment to the service

limits on temporary appointments in 5 CFR 213.104, to include the two

new appointing authorities in the list of exceptions cited in 5 CFR

213.104(b)(3)(ii).

We received one comment from an agency in support of the proposed

regulations and are adopting them as final regulations with no change.

Documentation on SF-50, Notification of Personnel Action

For appointments made under Schedule A, section 213.3102(r),

fellowship and similar programs, agencies should cite Legal Authority

Code W9S on the SF 50, Notification of Personnel Action. For

appointments made under Schedule A, section 213.3102(s), student-

employees paid stipends, agencies should use Legal Authority Code W9T.

Regulatory Flexibility Act

I certify that these regulations will not have a significant

economic impact on a substantial number of small entities (including

small businesses, small organizational units, and small governmental

jurisdictions) because the regulations apply only to appointment

procedures used to appoint certain employees in Federal agencies.

List of Subjects in 5 CFR Part 213

Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.

Janice R. Lachance,

Acting Director.

Accordingly, OPM is amending 5 CFR part 213 as follows:

PART 213--EXCEPTED SERVICE

1. The authority citation for part 213 continues to read as

follows:

Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958

Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103;

Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h)

and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and 38

U.S.C. 4301 et seq.

2. In Sec. 213.104 paragraph (b)(3)(ii) is revised to read as

follows:

Sec. 213.104 Special provisions for temporary, intermittent, or

seasonal appointments in Schedule A, B, or C.

* * * * *

(b) * * *

(3) * * *

(ii) Positions are filled under an authority established for the

purpose of enabling the appointees to continue or enhance their

education, or to meet academic or professional qualification

requirements. These include the authorities set out in paragraphs (r)

and (s) of Sec. 213.3102 and paragraph (c) of Sec. 213.3202, and

authorities granted to individual agencies for use in connection with

internship, fellowship, residency, or student programs.

* * * * *

3. In Sec. 213.3102, paragraphs (r) and (s) are added to read as

follows:

Sec. 213.3102 Entire executive civil service.

* * * * *

(r) Positions established in support of fellowship and similar

programs that are filled from limited applicant pools and operate under

specific criteria developed by the employing agency and/or a non-

Federal organization. These programs may include: internship or

fellowship programs that provide developmental or professional

experiences to individuals who have completed their formal education;

training and associateship programs designed to increase the pool of

qualified candidates in a particular occupational specialty;

professional/industry exchange programs that provide for a cross-

fertilization between the agency and the private sector to foster

mutual understanding, an exchange of ideas, or to bring experienced

practitioners to the agency; residency programs through which

participants gain experience in a Federal clinical environment; and

programs that require a period of Government service in exchange for

educational, financial or other assistance. Appointments under this

authority may not exceed 4 years.

[[Page 55726]]

(s) Positions with compensation fixed under 5 U.S.C. 5351-5356 when

filled by student-employees assigned or attached to Government

hospitals, clinics or medical or dental laboratories. Employment under

this authority may not exceed 4 years.

* * * * *

[FR Doc. 97-28437 Filed 10-27-97; 8:45 am]

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