[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Proposed Rules]
[Pages 14477-14478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6625]


 ========================================================================
 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. 65, No. 53 / Friday, March 17, 2000 / 
Proposed Rules  

[[Page 14477]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 3, 213, and 315

RIN 3206-AI94


Appointments of Persons With Psychiatric Disabilities

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations to create a new Governmentwide excepted appointing 
authority, with noncompetitive conversion to the competitive service 
authorized by Executive Order 13124, for persons with psychiatric 
disabilities. The proposed regulations also abolish two excepted 
service appointing authorities that relate to persons with psychiatric 
disabilities, and make technical corrections to reflect the proposed 
changes.

DATES: Written comments will be considered if received on or before May 
16, 2000.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, 
Associate Director for Employment, Office of Personnel Management, Room 
6500, 1900 E Street, NW., Washington, DC 20415-9000.

FOR FURTHER INFORMATION CONTACT: John Riedel-Alvarez or Paul Robinson 
on (202) 606-1059, TTY (202) 606-0023, or FAX (202) 606-0927.

SUPPLEMENTARY INFORMATION: On March 13, 1998, the President addressed 
the underemployment of people with disabilities by signing Executive 
Order 13078 establishing the Presidential Task Force on Employment of 
Adults with Disabilities. The Task Force's mission is to create a 
coordinated and aggressive national policy to bring adults with 
disabilities into gainful employment at a rate as close as possible to 
that of the general adult population.
    The Task Force issued their first report, ``Recharting the 
Course,'' on November 15, 1998. The report recommended that OPM explore 
paralleling the excepted service ``hiring standards'' of adults with 
psychiatric disabilities with the excepted service ``hiring standards'' 
of individuals with mental retardation and severe physical 
disabilities. After reviewing, we agree that the ``hiring standards'' 
for employing individuals with severe physical disabilities, mental 
retardation, and psychiatric disabilities should be the same.
    The first step is amending the Civil Service Rules to broaden the 
category of people who may noncompetitively convert from the excepted 
service to the competitive service. Currently under the Governmentwide 
Schedule A excepted service authorities 5 CFR 213.3102(t) and (u), 
employees with mental retardation and severe physical disabilities are 
able to acquire competitive status after two years of satisfactory 
service. Executive Order 13124, signed June 4, 1999, now permits adults 
with psychiatric disabilities the same opportunity for noncompetitive 
conversion. In order for agencies to appoint adults with psychiatric 
disabilities, we are proposing the following.

Creating a New Governmentwide Schedule A Excepted Appointing 
Authority

    By way of background, OPM has authority to except some positions 
from competitive examining procedures under Schedules A and B when it 
is determined that examining is impracticable for those positions, or 
that open competition cannot take place. Excepted authorities listed in 
5 CFR part 213 under Schedules A and B (Sec. 213.3102 or 3202) may be 
used by any agency covered under title 5 appointing procedures to 
appoint individuals based on the criteria outlined in the authority. 
Agencies may also obtain specific Schedule A and B authorities for 
their own use. To do so, the agency must demonstrate to OPM that the 
competitive examining process cannot be used for the position(s) the 
agency wishes to place in Schedule A or B.
    Employment of individuals under Schedules A and B follows the 
guidelines in 5 CFR part 302. Those appointed under Schedule A do not 
have to meet OPM qualification standards; agencies may develop their 
own standards. Those appointed under Schedule B must meet OPM 
qualification standards for the positions in question.
    Currently, there are two Governmentwide excepted appointing 
authorities for specific categories of individuals with psychiatric 
disabilities. Schedule A excepted appointing authority 213.3102(h) is 
used to appoint former patients of Federal mental institutions who are 
partially recovered. Appointments are made to positions at Federal 
mental institutions only, because the persons still need the support 
and structure that the institutions provide.
    Schedule B excepted appointing authority 213.3202(k) is used to 
update the job skills of individuals whose psychiatric disabilities are 
severe enough to cause significant disruption to their employment. The 
appointments help establish a successful performance record to 
counteract employer prejudice.
    In order to parallel employment opportunities for all individuals 
with psychiatric disabilities with those appointed under 5 CFR 
213.3102(t) and (u) (the appointing authorities for those with severe 
physical disabilities and mental retardation), Executive Order 13124 
was signed June 4, 1999. The Executive Order amended the Civil Service 
Rules to permit noncompetitive conversion of persons with psychiatric 
disabilities in the excepted service to the competitive service.
    After evaluating the two current excepted appointing authorities 
for persons with psychiatric disabilities, we felt they were not 
defined broadly enough to encompass all persons with psychiatric 
disabilities. Therefore, we are proposing a new Governmentwide Schedule 
A excepted appointing authority 213.3102(gg). The authority would 
permit a person with a psychiatric disability who either served under a 
competitive service temporary appointment, or is certified by a State 
vocational rehabilitation office or the U.S. Department of Veterans 
Affairs, to be appointed for any job for which they qualify and meet 
suitability requirements. After two years of satisfactory job 
performance under the (gg) authority, agencies may noncompetitively 
convert them to the competitive service.

[[Page 14478]]

    Because the new Governmentwide authority is broad enough to 
encompass those individuals who may currently qualify for appointments 
under 5 CFR 213.3102(h) and 213.3202(k), we propose abolishing these 
two appointing authorities. Individuals currently appointed to these 
authorities would be given new appointments under 213.3102(gg). Current 
service under 5 CFR 213.3102(h) and 213.3202(k) would count toward the 
two-year service requirement of the new (gg) authority. Individuals 
would be eligible for noncompetitive conversion after serving two years 
total under the old (h) and (k) authorities and the new (gg) authority 
combined. Agencies may not require individuals to serve under a 
competitive temporary appointment, or begin new two-year service 
periods under the (gg) authority, if individuals are currently serving 
under the (h) and (k) authorities and are moved to the new authority.

Amending Civil Service Rule III

    To reflect the Executive Order permitting noncompetitive conversion 
of adults with psychiatric disabilities, we are amending Sec. 3.1 to 
add these employees to the list of individuals who may noncompetitively 
acquire status.

Amend Part 315

    We propose amending Sec. 315.709 to reflect the addition of those 
with psychiatric disabilities to the list of employees who may be 
noncompetitively converted to the competitive service.

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 for certain employees in Federal agencies.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Parts 3, 213, and 315

    Government employees.

    U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
    Accordingly, OPM is proposing to amend parts 3, 213, and 315 of 
title 5, Code of Federal Regulations, as follows:

PART 3--NONCOMPETITIVE ACQUISITION OF STATUS (RULE III)

    1. The authority citation for part 3 continues to read as follows:

    Authority: 5 U.S.C. 3301, 3302.

    2. In Sec. 3.1, paragraph (b)(3) is added to read as follows:


Sec. 3.1  Classes of persons who may noncompetitively acquire status.

* * * * *
    (b) * * *
    (3) An employee with a psychiatric disability who completes at 
least 2 years of satisfactory service in a position excepted from the 
competitive service.

PART 213--EXCEPTED SERVICE

    3. The authority citation for part 213 continues to read as 
follows:

    Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 195401958 
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; 38 
U.S.C. 4301 et seq.; and Pub. L. 105-339.

    4. In Sec. 213.3102, paragraph (h) is removed and reserved.
    5. In Sec. 213.3102, paragraph (gg) is added to read as follows:


Sec. 213.3102  Entire executive civil service.

* * * * *
    (gg) Positions when filled by persons with psychiatric disabilities 
who:
    (1) Under a temporary appointment have demonstrated their ability 
to perform the duties satisfactorily; or
    (2) Are certified by a State vocational rehabilitation counselor, 
or a U.S. Department of Veterans Affairs Veterans Benefits 
Administration or Veterans Health Administration psychologist, 
vocational rehabilitation counselor, or psychiatrist, as likely to 
succeed in the performance of the duties of the position. Upon 
completion of 2 years of satisfactory service under this authority, the 
employee may qualify for conversion to competitive status under the 
provisions of Executive Order 12125 as amended by Executive Order 
13124.
* * * * *
    6. In Sec. 213.3202, paragraph (k) is removed and reserved.

PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT

    7. The authority citation for part 315 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-
1958 Comp., p. 218, unless otherwise noted.

    Secs. 315.601 and 315.609 also issued under 5 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. 3151.
    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.

    8. Section 315.709 is amended by revising the section heading, the 
introductory text of paragraphs (a), (a)(1), and (b)(2) to read as 
follows:


Sec. 315.709  Employees who are mentally retarded, severely physically 
handicapped, or have psychiatric disabilities serving under Schedule A 
appointments.

    (a) Coverage. Employees appointed under Secs. 213.3102(t), (u), and 
(gg) of this chapter may have their appointments converted to career or 
career-conditional appointments when they:
    (1) Complete 2 or more years of satisfactory service, without a 
break of more than 30 days, under nontemporary Schedule A appointments.
* * * * *
    (b) * * *
    (2) A career employee if he or she has completed 3 years of 
substantially continuous service in nontemporary appointments under 
Secs. 213.3102(t), (u), or (gg) of this chapter, or has otherwise 
completed the service requirement for career tenure, or is excepted 
from it by Sec. 315.201(c).
* * * * *
[FR Doc. 00-6625 Filed 3-16-00; 8:45 am]
BILLING CODE 6325-01-P