Excepted ServiceSchedule A Authority for Temporary Organizations

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AH67

Excepted Service--Schedule A Authority for Temporary

Organizations

AGENCY: Office of Personnel Management.

ACTION: Final regulations.

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SUMMARY: The Office of Personnel Management (OPM) is amending the

Schedule A excepted service appointing authority agencies use to fill

positions in temporary organizations. These regulations delete the GS-

15 grade level limitation to permit agencies to make such appointments

also to Senior Level positions.

EFFECTIVE DATE: May 16, 1997.

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

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

SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing

staff in temporary organizations was established in 1979. It permits

agencies to fill positions on the staffs of temporary boards and

commissions established by law or Executive order for specified periods

not to exceed 4 years. The authority also permits appointments in

temporary organizations established within existing agencies to perform

work outside the agency's continuing responsibilities.

Currently appointments can only be made at GS-15 and below because

when the authority was established, there was no need to include

positions above that level. The executive assignment system used to

cover positions at grades GS-16, 17 and 18, and individuals were

appointed at those levels through non-competitive limited executive

assignments.

The Federal Employees Pay Comparability Act of 1990 abolished

grades GS-16, 17, and 18, and the executive assignment system, and

established the Senior Level system. Unlike the executive assignment

system, the Senior Level system does not provide for noncompetitive

time-limited appointments.

On December 2, 1996, (61 FR 63762), we proposed regulations to

remove the GS-15 grade level limitation to permit agencies to make

appointments to Senior Level positions. We received one comment from an

agency in support of the proposed regulations and are adopting them as

final regulations with no change.

Editorial Changes

As part of the final regulations we are also making the following

editorial changes: In 5 CFR 213.103(a) we are deleting the sentence

that refers to Schedule A, B, and C appointing authorities being

published in the Federal Personnel Manual. The Federal Personnel Manual

was abolished on December 31, 1994.

We are adding a clarifying sentence to 5 CFR 213.104. This section

sets forth special provisions for making temporary, intermittent, or

seasonal appointments under Schedules A, B, and C. The existing

regulations provide that if the appointments are for 1 year or less, by

definition, they are temporary appointments and are subject to certain

restrictions. Because of numerous questions from agencies, we are

adding a statement to clarify that agencies continue to have the

ability to make appointments with time limits of more than 1 year.

These time-limited appointments are not subject to the restrictions for

temporary appointments.

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.

Executive Order 12866, Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 213

Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.

James B. King,

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.

Sec. 213.103 [Amended]

2. In section 213.103, the last sentence of paragraph (a) is

removed.

3. In section 213.104, paragraph (a)(1) is revised to read as

follows:

Sec. 213.104 Special provisions for temporary, intermittent, or

seasonal appointments in Schedule A, B, or C.

(a) * * *

(1) Temporary appointments, unless otherwise specified in a

particular Schedule A, B, or C exception, are made for a specified

period not to exceed 1 year and are subject to the time limits in

paragraph (b) of this section. Time-limited appointments made for more

than 1 year are not considered to be temporary appointments, and are

not subject to these time limits.

* * * * *

4. In section 213.3199, the first sentence of paragraph (a) and the

introductory text in paragraph (b) are revised to read as follows:

Sec. 213.3199 Temporary organizations.

(a) Positions on the staffs of temporary boards and commissions

which are established by law or Executive order for specified periods

not to exceed 4 years to perform specific projects. * * *

(b) Positions on the staffs of temporary organizations within

continuing agencies when all of the following conditions are met: * * *

* * * * *

[FR Doc. 97-9847 Filed 4-15-97; 8:45 am]

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