[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