[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Rules and Regulations]
[Pages 57045-57046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28473]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / 
Rules and Regulations  

[[Page 57045]]


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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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