[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Rules and Regulations]
[Pages 55725-55726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28437]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 /
Rules and Regulations
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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.
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(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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