[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
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  Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / 
Rules and Regulations  

[[Page 55725]]


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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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