[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Pages 78077-78079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31887]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / 
Rules and Regulations  

[[Page 78077]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213 AND 315

RIN 3206-AJ28


Excepted Service; Career and Career-Conditional Employment

AGENCY: Office of Personnel Management.

ACTION: Interim regulations with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations to implement the staffing provisions of the Federal Career 
Intern Program. This program will serve to assist agencies in 
recruiting and attracting exceptional men and women who have a variety 
of experience, academic disciplines, or competencies necessary for the 
effective analysis and execution of public programs.

DATES: This interim rule is effective December 14, 2000. Comments must 
be received on or before January 16, 2001.

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

FOR FURTHER INFORMATION CONTACT: Ms. Suzy Barker, [email protected]; Ms. 
Karen Jacobs, [email protected]; or Mr. Mike Mahoney, [email protected]; 
on 202-606-0830 or FAX (202) 606-0390.

SUPPLEMENTARY INFORMATION: On July 6, 2000, President Clinton signed 
Executive Order 13162 authorizing the establishment of the Federal 
Career Intern Program to assist agencies in recruiting and attracting 
exceptional individuals with a variety of experience, academic 
disciplines, or competencies necessary for the effective analysis and 
execution of public programs. Agencies have the authority to recruit 
from a variety of sources to locate candidates that would most likely 
meet their mission and needs. The executive order tasked OPM to develop 
appropriate procedures for the recruitment, screening, placement and 
continuing career development for the Career Interns. These procedures 
must conform to the merit systems principles and assure equal 
employment opportunity and the application of appropriate veterans' 
preference criteria.
    The program is intended to be used for grades GS-5, 7, and 9 (and 
equivalent) positions or other trainee positions appropriate for the 
program. Agencies must request OPM approval to cover additional grades 
to meet unique or specialized needs. For those positions subject to the 
Luevano Consent Decree, agencies will be required to use those 
assessment tools permitted under the decree. Interns will be appointed 
in the excepted service (Schedule B) for a period not to exceed 2 
years, unless extended up to 1 additional year with the approval of 
OPM. Upon successful completion of the internships, the interns will be 
eligible for noncompetitive conversion to career or career-conditional 
appointments. Throughout the internship, the employee must participate 
in a formal training program and job assignments to develop 
competencies appropriate to the agency's mission and needs.
    If an agency selects one of its internal career or career-
conditional employee for the program, and he/she fails to complete the 
program for reasons unrelated to misconduct or suitability, the agency 
shall place the employee back in a position of equivalent status, 
tenure and pay as the position the employee left. Here are some 
examples:
    (1) If an employee of the Environmental Protection Agency (EPA) is 
selected for an internship with EPA and the employee fails to complete 
the internship, EPA will be responsible for placing the employee.
    (2) If an employee of the Department of Treasury (Treasury) is 
selected for an internship with EPA and the employee fails to complete 
the internship, EPA is not obligated to place the employee. Also, 
Treasury is not obligated to place the employee.
    (3) Within Departments that have components or bureaus, such as the 
Department of Justice (Justice), the Department would have the 
discretion to decide whether or not to treat all of its components as 
separate and independent agencies or as part of the Department. For 
example: If an employee of Immigration and Naturalization Service 
(INS), a bureau within Justice, is selected for an internship within 
Justice headquarters and the employee fails to complete the internship, 
neither the headquarters office nor the INS is obligated to place the 
employee. The INS and the headquarters office are treated as separate 
agencies.

Waiver of Delay in Effective Date

    Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to 
waive the delay in effective date and make these regulations effective 
in less than 30 days. The delay in the effective date is being waived 
because the executive order was signed on July 6, 2000, and agencies 
began developing their intern programs. Agencies will be able to make 
appointments immediately upon publication of the regulations.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 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 213 and 315

    Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

PART 213--EXCEPTED SERVICE

    1. The authority citation for part 213 is revised 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; 38

[[Page 78078]]

U.S.C. 4301 et seq.; Pub. L. 105-339, 112 STAT. 3182-83; and E.O. 
13162.


    2. In Sec. 213.3202, paragraph (o) is added to read as follows:


Sec. 213.3202  Entire executive civil service.

* * * * *
    (o) The Federal Career Intern Program--(1) Appointments. 
Appointments made under the Federal Career Intern Program may not 
exceed 2 years, except as described in paragraph (o)(2) of this 
section. Initial appointments shall be made to a position at the grades 
GS-5, 7, or 9 (and equivalent) or other trainee levels appropriate for 
the Program. Agencies must request OPM approval to cover additional 
grades to meet unique or specialized needs. Agencies will use part 302 
of this chapter when making appointments under this Program.
    (2) Extensions. (i) Agencies must request, in writing, OPM approval 
to extend internships for up to 1 additional year beyond the authorized 
2 years for additional training and/or developmental activities.
    (ii) Agencies are delegated the authority to extend, without prior 
OPM approval, 2-year internships for up to an additional 120 days to 
cover rare or unusual circumstances, and where agencies have 
established criteria for approving extensions.
    (3) Qualifications. Candidates will be evaluated using OPM 
qualification requirements or OPM-approved, agency-specific 
qualification requirements.
    (4) Tenure Group. Career interns are in the excepted service Tenure 
Group II for purposes of Sec. 351.502 of this chapter. Expiration of 
the internship is not subject to part 351 of this chapter.
    (5) Promotions. During the internship period, individuals 
participating in the program may receive promotions as determined by an 
agency's plan. This provision does not confer entitlement to promotion.
    (6) Conversion to Competitive Service. Except as provided in 
paragraph (o)(6)(ii) of this section, service as an intern shall confer 
no rights to further Federal employment in either the competitive or 
excepted service upon the expiration of the internship period.
    (i) Competitive civil service status may be granted to career 
interns who successfully complete their internships and meet all 
qualification, suitability, and performance requirements. These 
noncompetitive conversions will be effective on the date the 2-year 
service requirement is met, or at the end of the extended period.
    (ii) An employee who held a career or career-conditional 
appointment in an agency immediately before entering the Career Intern 
Program in the same agency, and who fails to complete the Career Intern 
Program for reasons unrelated to misconduct or suitability, shall be 
placed in a career or career-conditional position in the current agency 
at no lower grade or pay than the one the employee left to accept the 
position in the Career Intern Program. For purposes of this paragraph, 
agency means an Executive Department, Government corporation, or 
independent establishment as defined in 5 U.S.C. 105. An Executive 
Department may treat each of its bureaus or components (first major 
subdivision that is separately organized and clearly distinguished from 
other bureaus or components in work function and operation) as a 
separate agency or as part of one agency, but must do so by agency 
directive in establishing the program.
    (iii) Service under the Career Intern Program counts toward career 
tenure in the competitive service, if the Career Intern is converted to 
a career-conditional appointment under Sec. 315.712 of this chapter.
    (7) Terminations. The appointment of a career intern expires at the 
end of the 2-year internship period, plus any extensions. The employing 
agency may, with no break in service, convert the intern to a career or 
career-conditional appointment in accordance with Sec. 315.712 of this 
chapter. If an employee is not converted to a career or career-
conditional appointment, the career intern appointment terminates, 
unless specifically eligible for placement under paragraph (o)(6)(ii) 
of this section.
    (8) Career Development. Agencies will provide the career interns 
with formal training and developmental opportunities to acquire the 
appropriate agency-identified competencies needed for conversion. These 
activities may include, but are not limited to, formal training 
classes, rotational or other job assignments, attendance at conferences 
and seminars, interagency assignments, or other activities approved by 
the agency.
    (9) Agency Responsibilities. Each agency will determine the 
appropriate use of the Career Intern Program relating to recruitment 
needs in specific occupational series, grades, and geographical areas, 
ensuring that programs are developed and implemented in accordance with 
the merit system principles. Agencies may adapt the program to meet 
their individual requirements, including, but not limited to such 
aspects as:
    (i) Deciding how to delegate the authority to develop Career Intern 
Programs (e.g., department-wide versus bureaus and agency components);
    (ii) Defining the roles and responsibilities of supervisors and 
other key officials in career intern program administration, such as 
human resources staff, budget and finance staff, career counselors, or 
mentors;
    (iii) Designing, implementing, and documenting formal program(s) 
for the training and development of employees selected under the 
provisions of this Part, including the type and duration of 
assignments;
    (iv) Deciding how to inform the career interns of what will be 
expected during the internship, including developmental assignments and 
performance requirements; and
    (v) Planning, coordinating, implementing and monitoring program 
activities.

PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT

    3. The authority citation for part 315 is revised to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577. 3 CFR, 
1954-1958 Comp. P. 218, unless otherwise noted; and E.O. 13162. 
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. 120034, 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. 315.611 also issued under Section 511, 
Pub. L. 106-117, 113 STAT. 1575-76. 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.


    4. In Sec. 315.201, a new paragraph (b) (1)(xix) is added to read 
as follows:

Subpart B--The Career-Conditional Employment System


Sec. 315.201  Service requirement for career tenure.

* * * * *
    (b) * * *
    (1) * * *
    (xix) The date of appointment as a career intern under Schedule B, 
Sec. 213.3202(o) of this chapter, provided the employee's appointment 
is converted to career or career-conditional appointment under 
Sec. 315.712.

    5. A new section Sec. 315.712 is added to subpart G to read as 
follows:

[[Page 78079]]

Subpart G--Conversion to Career or Career-Conditional Employment 
From Other Types of Employment

* * * * *


Sec. 315.712  Conversion based on service as a Career Intern

    (a) Agency authority. An agency may convert noncompetitively to 
career or career-conditional employment, a career intern who:
    (1) Has successfully completed a Career Intern Program, under 
Sec. 213.3202(o) of this chapter, at the time of conversion; and
    (2) Meets all citizenship, suitability and qualification 
requirements.
    (b) Tenure on conversion. An employee whose appointment is 
converted to career or career-conditional employment under paragraph 
(a) of this section becomes:
    (1) A career-conditional employee except as provided in paragraph 
(b)(2) of this section;
    (2) A career employee when he or she has completed the service 
requirement for career tenure or is excepted from it by 
Sec. 315.201(c).
    (c) Acquisition of competitive status. An employee whose employment 
is converted to career or career-conditional employment under this 
section acquires a competitive status automatically on conversion.

[FR Doc. 00-31887 Filed 12-13-00; 8:45 am]
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