[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Rules and Regulations]
[Page 24605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11398]



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  Federal Register / Vol. 68, No. 89 / Thursday, May 8, 2003 / Rules 
and Regulations  

[[Page 24605]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR PART 213

RIN 3206-AJ70


Excepted Service--Temporary Organizations

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim 
regulation to amend the excepted service Schedule A authority for 
temporary organizations. This regulation will revise the definition of 
the term ``temporary organization'' to comply with recently-enacted 
legislation. It will also establish criteria with which temporary 
organizations must comply if they wish to extend an employee's 
appointment.

DATES: Effective Date:
    Effective Date: May 8, 2003.
    Applicability Date: A temporary organization that does not meet the 
new criteria must move its incumbents from the authority by August 6, 
2003.
    Comments Date: Comments must be received on or before July 7, 2003.

ADDRESSES: Send or deliver written comments to Ellen E. Tunstall, 
Deputy Associate Director for Talent and Capacity Policy, Office of 
Personnel Management, 1900 E Street, NW., Room 6551, Washington, DC 
20415.

FOR FURTHER INFORMATION CONTACT: Christina Vay by telephone on 202-606-
0960, by FAX on 202-606-2329, or by TDD on 202-418-3134.

SUPPLEMENTARY INFORMATION: The Floyd D. Spence National Defense 
Authorization Act for fiscal year 2001 (Pub. L. 106-398, October 30, 
2000) added a new subchapter IV to chapter 31 of title 5, United States 
Code. The new subchapter:

--Defined the term ``temporary organization;''
--Provided that the head of a temporary organization may make excepted 
service appointments to fill positions in these organizations of up to 
3 years;
--Provided for appointment extensions for no more than 2 years; and
--Gave return rights to those who transfer or convert (with agency head 
approval) to these appointments from career or career-conditional 
appointments if certain conditions are met.

    Because of these statutory changes, we are amending the current 
excepted service Schedule A appointing authority at 5 CFR 213.3199 for 
temporary organizations. If a temporary organization has employees 
currently appointed under this authority and the temporary organization 
meets the criteria of the revised authority at 5 CFR 213.3199, then the 
appointments are valid and no changes to the appointments are needed. 
If a temporary organization does not meet the criteria of the revised 
authority, it must move any incumbents from the authority within 90 
days of the date of this interim regulation. The incumbents are moved 
to either another governmentwide excepted service authority or an 
agency-specific excepted service authority that has already been 
granted. If the temporary organization does not have another authority 
available to use, it may request from OPM an agency-specific excepted 
service authority.
    We are issuing this regulation as an interim rule because the law 
defining temporary organizations is already in effect. Delaying the 
effective date of the regulation would not change the fact that the law 
is in place and must be applied.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because the 
regulations pertain only to Federal employees and agencies.

Executive Order 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 Part 213

    Government employees, Reporting and recordkeeping requirements.

Office of Personnel Management.
Kay Coles James,
Director.

0
Accordingly, OPM amends 5 CFR part 213 as follows:

PART 213--EXCEPTED SERVICE

0
1. The authority citation for part 213 is revised to read as follows:

    Authority: 5 U.S.C. 3161; 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 U.S.C. 4301 et seq.; Pub. L. 105-339, 112 Stat. 3182-83; and E.O. 
13162.

0
2. In subpart C Sec.  213.3199 is revised to read as follows:


Sec.  213.3199  Temporary organizations.

    Positions on the staffs of temporary organizations, as defined in 5 
U.S.C. 3161(a). Appointments may not exceed 3 years, but temporary 
organizations may extend the appointments for 2 additional years if the 
conditions for extension are related to the completion of the study or 
project.

[FR Doc. 03-11398 Filed 5-7-03; 8:45 am]
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