[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Proposed Rules]
[Pages 42943-42944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21048]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 /
Proposed Rules
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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: Proposed rulemaking.
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SUMMARY: The Office of Personnel Management (OPM) proposes to
consolidate single-agency excepted service authorities for filling
positions associated with fellowships, internships, residencies,
student-stipend, and similar programs by establishing two
Governmentwide authorities in their place. This will reduce the number
of appointing authorities. One authority would cover fellowship-type
programs, while the other would apply to student employees who are paid
stipends under special statutory provisions.
DATES: Comments must be received on or before September 10, 1997.
ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,
Associate Director for Employment, Office of Personnel Management, Room
6F08, 1900 E Street NW., Washington, DC 20415.
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 hope to identify the situations where individual agency
authorities share enough of a common basis that they could be
consolidated into a single Governmentwide appointing authority that
would apply to all agencies.
Fellowship and Similar Programs
Over the years OPM has granted numerous excepted authorities to
individual agencies to cover a variety of fellowship, internship and
similar programs. These regulations propose a consolidated Schedule A
authority for these types of programs. Positions are placed in Schedule
A when it is impracticable to examine for them.
The term ``fellowship'' covers a variety of non-permanent
employment situations, usually associated with specific programs. They
can be in the form of internship or training programs that provide
developmental work opportunities and learning experiences to
individuals who have completed their education, for instance in the
area of science and engineering. Many are at the postgraduate or
postdoctoral level, though they can occur at any level. Other programs
are designed to increase the pool of candidates in a particular
specialty for all employers, not just the Federal Government, such as
in health care, or to bring highly specialized private sector expertise
to an agency.
They can also be in the form of industry exchange programs that are
intended to foster mutual understanding and cooperation between an
agency and its customer group, or a particular profession, such as
public accounting. They are designed to give program participants a
better understanding of how Federal policies are formulated, while
they, in turn, bring new ideas and perspectives from outside government
to the agency. Some programs provide scholarships or other educational
assistance to individuals and, in turn, require a period of obligated
service with the Federal Government.
All these programs operate under specific parameters set by the
employing agency or a non-Federal entity, such as a professional
association. Most fellowship-type appointments last from one to three
years and are not usually intended to recruit candidates for permanent
Federal employment. We are proposing a 4-year employment limit to cover
the occasional program that has unique requirements and any unforeseen
agency needs.
None of the above employment situations is covered under an
existing Governmentwide excepted authority. While agencies have
available to them appointing authorities for students, they do not
cover individuals who have completed their education. The existing
Presidential Management Intern Program, established by Executive order,
is also very narrow in scope and not compatible with the multitude of
fellowship-type situations that exist in agencies.
OPM finds that it is impracticable to examine for fellowship and
similar programs because they represent non-traditional employment
situations. There is no open competition because only applicants from
targeted academic or professional disciplines are considered for the
positions, and they must meet previously agreed upon qualification
criteria. Often they are ranked and recommended by a third party, such
as a non-Federal organization. Other times selections are based solely
on a candidate's interest in the agency's programs.
The proposed appointing authority will cover a small but important
employment need of agencies that have unique fellowship and similar
programs. It is designed to encompass existing programs that currently
operate under individual agency appointing authorities.
Student-Stipend Programs
Under 5 U.S.C. 5351-5356, agencies may pay stipends and provide
certain services to student-employees assigned or attached to
Government hospitals, clinics or medical or dental laboratories. These
positions are excluded from the provisions of law relating to
classification and General Schedule pay. We propose to establish a
separate Schedule A authority for these positions because of their
unique compensation and classification aspects.
As with the fellowship positions, numerous single-agency
authorities have been established for student-stipend programs. The
positions typically covered by these programs include student practical
nurses, student dental assistants, medical interns, and student
pharmacists, which are located in agencies operating hospitals,
clinics, medical centers or laboratories. The programs usually provide
training opportunities or clinical experiences to students from an
academic institution, or to residents from a non-Federal hospital.
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It is impracticable to examine for positions associated with
student-stipend programs because position incumbents are selected by
the school where they are enrolled. When a non-Federal organization
controls the selection process, there is no examination by a Federal
agency.
Conforming Amendment
In 5 CFR 213.104, positions filled under single-agency authorities
for fellowship and related programs are exempt from the service limits
for making temporary appointments and the refilling of these positions
by temporary appointment. We are adding the new appointing authorities
to the list of exceptions cited in 5 CFR 213.104(b)(3)(ii).
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.
James B. King,
Director, Office of Personnel Management.
Accordingly, OPM proposes to amend 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.
(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. 97-21048 Filed 8-8-97; 8:45 am]
BILLING CODE 6325-01-P
