Student Educational Employment Program

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213 AND 315

RIN 3206-AH82

Student Educational Employment Program

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final

regulations governing the Student Educational Employment Program. The

regulations recodify the two components of the Program; implement

Executive Order 13024, which permits noncompetitive conversion of

certain employees of the Student Educational Employment Program to term

appointments; clarify certain definitions; and make related editorial

changes to part 315.

DATES: Effective date: November 25, 1998.

FOR FURTHER INFORMATION CONTACT: Michael J. Mahoney, 202-606-0830, FAX

202-606-0390, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: OPM issued interim regulations with a

request for comments on December 2, 1997 (62 FR 63627). Comments were

received from two agencies. One agency concurred with our

clarifications regarding the definition of ``student'' and ``break in

program.'' Another agency suggested that we broaden the definition of

``student'' to include individuals in non-traditional curriculums which

do not require them to be in actual physical attendance at an

accredited school. We have adopted this suggestion on the basis that

actual physical attendance excludes students at accredited schools and

institutions who are taking curriculums which do not require them to be

present in a traditional classroom setting (e.g., courses whose

participation is through correspondence, video-taped lecture/

instruction, the internet, or telecon and video-telecon media). We have

been operating with the current definition of a student since 1977. At

that time, accessible technology had not become so advanced that

students regularly took educational courses outside the traditional

classroom. We believe this is no longer the case as there is a growing

popularity of ``nontraditional'' curricula offered by accredited

academic institutions. Removing the requirement for actual physical

attendance will benefit agencies by providing them with a wider pool of

potential appointees from which to recruit. Likewise, this change will

mean career opportunities for a wider population of students.

We are also changing the references to ``Training Expenses'' and

``Tuition Assistance.'' These terms are misleading in that they imply

that agencies may use their training authority in 5 U.S.C. chapter 41

and 5 CFR part 410 to pay for any educational or training expense and/

or academic degrees. We are clarifying these references to let agencies

know they may use their training authority to pay all or part of

training expenses directly related to students' official duties.

Documentation on SF-50, Notification of Personnel Action

For noncompetitive conversions from the Student Educational

Employment Program to term, career, and career-conditional

appointments, agencies should cite Legal Authority Code ZJM on the SF-

50, Notification of Personnel Action. The legal authority is Executive

Order 12015.

Regulatory Flexibility Act

I certify that this regulation will not have a significant impact

on a substantial number of small entities because it affects only a

certain number of Federal employees.

List of Subjects in 5 CFR Parts 213 and 315

Government employees, reporting and recordkeeping requirements.

Office of Personnel Management.

Janice R. Lachance

Director.

Accordingly, OPM is amending part 213 and part 315 of title 5, Code

of Federal Regulations, as follows:

PART 213--EXCEPTED SERVICE

1. The authority 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. 213.3202, paragraphs (a)(2), (a)(9), (b)(2), (b)(9),

(b)(11)(i), and (b)(17) are revised to read as follows:

Sec. 213.3202 Entire executive civil service.

(a) * * *

(2) Definition of student: A student is an individual who has been

accepted for enrollment, or who is enrolled, as a degree (diploma,

certificate, etc.) seeking student in an accredited high school,

technical or vocational school, 2-year or 4-year college or university,

graduate or professional school. If the student is enrolled, the

student must be taking at least a half-time academic/vocational/ or

technical course load. The definition of half-time is the definition

provided by the school in which the student is enrolled. Students need

not be in actual physical attendance, so long as all the other

requirements are met. An individual who needs to complete less than the

equivalent of half an academic/vocational or technical courseload in

the class enrollment period immediately prior to graduating is still

considered a student for purposes of this program.

* * * * *

(9) Training expenses: Observing the prohibitions in 5 U.S.C. 4107,

agencies may use their training authority in 5 U.S.C. chapter 41 and 5

CFR part 410 to pay all or part of training expenses directly related

to students' official duties.

* * * * *

(b) * * *

(2) Definition of student: A student is an individual who has been

accepted for enrollment, or who is enrolled, as a degree (diploma,

certificate, etc.) seeking student in an accredited high

[[Page 57046]]

school, technical or vocational school, 2-year or 4-year college or

university, graduate or professional school. If the student is

enrolled, the student must be taking at least a half-time academic/

vocational/ or technical course load. The definition of half-time is

the definition provided by the school in which the student is enrolled.

Students need not be in actual physical attendance, so long as all the

other requirements are met. An individual who needs to complete less

than the equivalent of half an academic/vocational or technical

courseload in the class enrollment period immediately prior to

graduating is still considered a student for purposes of this program.

(9) Training expenses: Observing the prohibitions in 5 U.S.C. 4107,

agencies may use their training authority in 5 U.S.C. chapter 41 and 5

CFR part 410 to pay all or part of training expenses directly related

to students' official duties.

* * * * *

(11) Program requirements for noncompetitive conversion. (i)

Students, who are U.S. citizens, may be noncompetitively converted from

the Student Career Experience Program to a term, career or career-

conditional appointment under Executive Order 12015 (as amended by

Executive Order 13024) when students have:

* * * * *

(17) Tuition assistance. Observing the prohibitions in 5 U.S.C.

4107, agencies may use their training authority in 5 U.S.C. chapter 41

and 5 CFR part 410 to pay all or part of training expenses directly

related to students' official duties.

* * * * *

PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT

4. The authority citation for part 315 continues to read:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-

1958 Comp., page 218, unless otherwise noted.

Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and

3652.

Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104.

Sec. 315.603 also issued under 5 U.S.C. 8151.

Sec. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp., p.

111.

Sec. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965

Comp., p. 303.

Sec. 315.607 also issued under 22 U.S.C. 2506.

Sec. 315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp., p.

293.

Sec. 315.610 also issued under 5 U.S.C. 3304(d).

Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp., p.

229.

Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR,

1978 Comp., p. 264.

5. In Sec. 315.201, paragraph (b)(1)(ix) is revised to read as

follows:

Sec. 315.201 Service requirement for career tenure.

* * * * *

(b) * * *

(1) * * *

(ix) The date of nontemporary excepted appointment under

Sec. 213.3202(b) of this chapter, provided the student's appointment is

converted to career or career-conditional appointment under Executive

Order 12015, with or without an intervening term appointment, and

without a break in service of one day.

* * * * *

[FR Doc. 98-28473 Filed 10-23-98; 8:45 am]

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