[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18161-18164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3391]



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  Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules 
and Regulations  

[[Page 18161]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AK59


Excepted Service--Student Program

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to allow certain job-related experience acquired in a 
structured work-study program to be credited under the Student Career 
Experience Program (SCEP or Program). This change will permit agencies 
to credit a student's job-related work-study experience toward the 
minimum requirement for conversion to a permanent appointment under the 
Program.

DATES: Effective Date: May 11, 2006.

FOR FURTHER INFORMATION CONTACT: Hakeem Basheerud-Deen at (202) 606-
1434, FAX: (202) 606-2329, TTY: (202) 418-3134, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On March 16, 2005, OPM issued proposed 
regulations at Federal Register 70 FR 12812 to allow agencies to credit 
certain job-related experience acquired in a structured work-study 
program or active duty military service toward the requirements of the 
Student Career Experience Program. In addition, the proposal would 
allow agencies to waive up to one-half of the required SCEP work 
experience of 640 hours for students who have exceptional job 
performance and academic excellence while enrolled in the Program (or 
equivalent). OPM specifically sought comments from reviewers as to 
whether they believed this rule would give certain students an unfair 
advantage over others, such as fellows appointed under 5 CFR 
213.3102(r) or student volunteers under 5 CFR part 308. OPM received 
comments from four Federal agencies, three professional organizations, 
and ten individuals. All comments are addressed below.

Comments

    The comments we received generally support the proposed changes. 
Seven comments in particular noted the positive impact of the changes 
on the SCEP program.

Impact on Other Student Appointments

    One agency commented that the proposed rule did not give an unfair 
advantage over other students such as fellows appointed under 5 CFR 
213.3102(r) or student volunteers appointed under 5 CFR part 308. Two 
agencies, however, recommended OPM allow volunteer service performed 
under 5 CFR part 308 to be creditable toward the SCEP requirements for 
non-competitive conversion to the competitive service. Of these two 
agencies, one suggested that service performed by individuals appointed 
under 5 CFR 213.3102(r) should also be creditable toward the SCEP 
minimum requirement for conversion to the competitive service. OPM 
agrees that service performed by individuals in accordance with 5 CFR 
213.3102(r) or 5 CFR part 308 should be creditable toward SCEP 
requirements (when the individual in question is appointed under SCEP) 
on the basis that such service is oftentimes indistinguishable from 
service performed by students working in Federal agencies but not under 
Federally sponsored intern programs. Consequently, we have modified 
Sec. Sec.  213.3202(b)(11)(ii) and 213.3202(b)(11)(ii)(A) to include 
service performed under 5 CFR 213.3102(r) and 5 CFR part 308. Section 
213.3202(b)(11)(ii) now reads, ``To be creditable under paragraph 
(b)(11)(i)(A) of this section, work experience must be in a field or 
functional area that is related to the student's target position/career 
field and must be acquired either under a Student Educational 
Employment Program appointment, any previous Federal appointment (e.g. 
fellowships and similar programs in accordance with 5 CFR 213.3102(r)), 
or while the student:''. Section 213.3202(b)(11)(ii)(A) now reads, 
``Worked in, but not for, a Federal agency, pursuant to a formal work-
study agreement between the agency and an accredited academic 
institution; to include those student volunteers as defined by 5 CFR 
part 308;''.
    Nine individuals believed the proposed regulations were unfair to 
students on Student Temporary Employment Program (STEP) appointments 
because the STEP authority does not provide for non-competitive 
conversion to the competitive service. These commenters suggested that 
OPM create a noncompetitive conversion mechanism for students in the 
STEP program. OPM has no authority to establish a conversion mechanism 
for STEP appointees into the competitive service. Such an authority 
must be provided by Congress or the President via an Executive order. 
OPM notes, however, that agencies currently have the authority to 
convert a student on a STEP appointment into a SCEP appointment, in 
accordance with 5 CFR 213.3202(a)(15).

Credit for Experience Gained in the Armed Forces

    Two agencies recommended OPM define the phrase, ``a member in good 
standing'' as used in the context of active duty military service in 
the proposed regulation. OPM agrees this phrase lacks clarity, so we 
have modified Sec.  213.3202(b)(11)(ii)(C) so that it now reads, 
``Served as an active duty member of the armed forces of the United 
States (including the National Guard and Reserves), as defined in 5 
U.S.C. 2101, and has been discharged or released from active duty in 
the armed forces under honorable conditions.''
    One agency recommended OPM clarify whether qualifying military 
service must be performed while the individual is in school, or whether 
it can be performed prior to enrollment. The agency also asked us to 
explain whether creditable military experience only includes experience 
that relates to the student's academic curriculum. Any active duty 
military service, performed while the individual is in school or prior 
to enrollment, is creditable toward the 640-hour requirement provided 
the military service satisfies the requirements of Sec.  
213.3202(b)(11)(ii); i.e., the experience must be in a field or

[[Page 18162]]

functional area that is related to the student's target position or 
career field.
    The same agency commented the proposed regulation does not 
stipulate any minimum time requirement for creditable active duty 
military service nor does it define the type of active duty service 
(e.g., active duty for training) agencies may credit toward SCEP 
requirements. OPM is not imposing a minimum time requirement for 
creditable active duty service. Any active duty military service 
(including active duty for training) which satisfies the requirements 
of Sec.  213.3202(b)(11)(ii) may be credited toward the SCEP 640-hour 
requirement for non-competitive conversion to the competitive service.

Creditable Experience

    One agency suggested OPM define creditable experience to include 
any career-related experience gained through a formal work-study 
program or experience certified as equivalent to that gained through a 
formal program by an accredited college/university. OPM did not adopt 
this suggestion on the basis that work experience gained in non-Federal 
environments does not provide students with exposure to public service 
or the work of specific Federal agencies that SCEP students receive by 
virtue of being in the Program. OPM's intent in crafting the proposed 
rules was to include non-Federal internships performed in Federal 
Executive branch agencies because these internships oftentimes closely 
parallel experience gained through the SCEP. We do not believe the same 
can be said for experience gained through internships with non-Federal 
entities.
    One agency recommended OPM describe work-study programs that meet 
the criteria referenced in Sec.  213.3202(b)(11)(ii)(A) and (B) and 
describe documentation required to verify the criteria have been met. 
Work-study programs which meet the criteria of Sec.  
213.3202(b)(11)(ii)(A) and (B) are those programs which provide for the 
integration of academic studies and work experience performed in a 
Federal agency in a manner comparable to the SCEP requirements under 
Sec.  213.3202(b)(12) (e.g., scheduling and nature of work assignments, 
relation of work assignments to the student's academic curriculum, 
evaluating the student's performance, etc.). These programs include, 
but are not limited to, non-Federal internships, stipend and grant 
programs, and student volunteer service which the student performs in a 
Federal executive branch agency. These programs require a formal 
agreement between the agency and either: (1) The academic institution 
the student attends or (2) the intern provider which pays the student. 
Agencies may evaluate these formal agreements to ensure the program 
meets regulatory criteria.
    One agency asked whether the proposed rules allow agencies to add 
or combine credit for a student's non-Federal internship and military 
experience or academic excellence, in excess of 320 hours of credit 
toward the SCEP requirement of 640 hours needed for non-competitive 
conversion to the competitive service (i.e., may an agency credit a 
student with 280 hours for active duty service and 320 hours for 
academic excellence so that the student need only be employed for 40 
hours under SCEP prior to conversion). Agencies may only credit up to a 
total of 320 hours toward the required 640 hours of career-related work 
experience. OPM's rationale is that this flexibility is intended to 
augment, not replace, SCEP program requirements. However, an agency 
could use multiple sources such as comparable work-study programs, 
experience gained in the armed forces, and exceptional job performance 
and academic excellence to credit an individual up to 320 hours for 
non-SCEP work experience.
    One private organization recommended OPM allow students to accrue, 
under a non-Federal internship, the entire 640 hours of work experience 
required for noncompetitive conversion to permanent Federal employment. 
OPM did not adopt this recommendation because it may result in some 
students spending as little as one day under a SCEP appointment prior 
to conversion to the competitive service. OPM does not believe such an 
outcome would be consistent with Executive Order 12015, which 
authorizes appointment to the competitive service from Federal work-
study programs. As previously noted, these flexibilities are meant to 
enhance SCEP program experience, but not replace that experience 
completely. Agencies that wish to noncompetitively appoint students to 
the competitive service that are working for third-party internship 
providers must first appoint those students to a SCEP position within 
the agency, and the student must accrue 640 hours of work experience 
while on this appointment (up to 320 hours of which may be credited 
from certain non-Federal internships).
    Another private organization proposed that all students who have 
accumulated 640 hours in career-related work-study programs be eligible 
for noncompetitive conversion. OPM did not adopt this proposal because 
it is beyond the scope of Executive Order 12015, which provides for 
appointment to the competitive service only from Federal work-study 
programs established by the Office of Personnel Management.
    One private organization recommended OPM include a provision in the 
final rules that allows agencies to credit students for multiple non-
Federal internships performed in Federal agencies arranged through 
third-party internship providers. OPM does not believe such a provision 
is necessary because the proposed rules do not prohibit agencies from 
crediting multiple non-Federal internships. We would, however, like to 
clarify that agencies have the option of crediting up to 320 hours 
toward the 640-hour requirement only if the student's work experience 
is related to the duties performed and the position for which the 
agency is developing the student, per Sec.  213.3202(11)(ii)(A) and 
(B).
    One individual asked if experience gained through a Department of 
Veterans Affairs, Veterans Benefits Administration sponsored work-study 
program would qualify as creditable experience under the SCEP. Agencies 
may credit any work performed in a Federal executive branch agency 
under a work-study program provided it meets the criteria of Sec.  
213.3202(11)(ii)(A) and (B).

Outstanding Academic Achievement and Exceptional Job Performance

    Three private organizations suggested OPM lower the 3.5 grade point 
average (GPA) requirement for outstanding academic achievement to a 3.0 
GPA. OPM disagrees with lowering the outstanding academic achievement 
standard to a 3.0 GPA. The waiver of up to 320 hours for those students 
under a SCEP appointment with a 3.5 GPA provides an incentive for those 
students with outstanding academic achievement and exceptional job 
performance.
    Two agencies requested OPM clarify the terms ``superior academic 
achievement'' and ``outstanding academic achievement'' in relation to 
OPM's Qualification Standards for General Schedule Positions. OPM 
agrees that clarification is needed. Outstanding academic achievement 
in relation to the SCEP program is different from the definition for 
superior academic achievement found in the Qualification Standards for 
General Schedule Positions. OPM has rephrased Sec.  
213.3202(b)(11)(iii)(A) to state, ``Outstanding academic achievement 
must be demonstrated by an overall grade point average of 3.5 or 
better, on a 4.0 scale; standing in the top 10 percent of the student's 
graduating class; and/or induction into a

[[Page 18163]]

nationally-recognized scholastic honor society. Notwithstanding these 
differences, agencies may still refer to ``superior academic 
achievement'' in OPM's Qualifications Standards for General Schedule 
Positions available on the OPM Web site at http://www.opm.gov to obtain 
specific guidance on GPA, class standing, and nationally recognized 
honor societies.
    One agency asked OPM to clarify whether the final rules allow 
agencies to evaluate a student's performance when the student has not 
served the minimum period (e.g., 90 days) as specified in the agency's 
performance program. The final rules give agencies the flexibility to 
evaluate a student's performance based on 320 hours of service under a 
SCEP appointment. Agencies which choose to require longer periods of 
service before evaluating a SCEP appointee may do so at their 
discretion. The final rules were not intended to supersede agency-
specific plans in this regard.
    One agency expressed concern about consistency in applying the 
criterion for exceptional job performance because comparable work-study 
programs may not have approved performance appraisal systems, and 
appraisal systems throughout the Government typically vary, some with 
3, 4, or 5 levels or even pass/fail systems. The agency asked whether 
OPM is planning to issue additional information and/or guidance on 
evaluating exceptional job performance under the new student 
regulations. OPM disagrees that further guidance is required on 
evaluating exceptional job performance. Under the final rules, agencies 
may use the same process under Sec.  213.3202(b)(12) to evaluate SCEPs, 
the only difference being the final rules allow agencies to make such 
determinations after 320 hours of service when the student demonstrates 
outstanding academic achievement in accordance with Sec.  
213.3202(b)(11)(iii)(A) and (B).
    One private organization proposed that students who have completed 
320 hours on a SCEP appointment and have exceptional job performance, 
but lack outstanding academic achievement, be granted a waiver of the 
additional 320-hour work requirement. OPM is not adopting this 
suggestion on the basis that because we are waiving half of the 640-
hour requirement, SCEP appointees should be held to a higher or more 
rigorous standard (in this case a GPA of 3.5 or better) to gauge the 
student's success in these work-study programs. In addition, we do not 
believe 320 hours of SCEP experience, in and of itself, provides an 
adequate basis for converting students non-competitively to the 
competitive service.

Conversion

    One private organization recommended OPM change the number of days 
available for noncompetitive conversion from the current 120 days to 
180 days to provide graduating seniors who intern with Federal agencies 
during the summer months enough time to complete the required 640 hours 
for noncompetitive conversion. OPM has no authority to adopt this 
recommendation because the Executive order, which allows for conversion 
from SCEP to the competitive service, specifies a 120-day period before 
which all program requirements needed for conversion must be met (i.e. 
students cannot use the 120-day period to accrue the 640 hours 
necessary for conversion to the competitive service).
    One agency recommended OPM delete the term ``generally'' from 
section 213.3202(11)(ii) because it implies that it is optional for 
work to be related to the target position. OPM agrees and has deleted 
the term.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain Federal employees.

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.

    U.S. Office of Personnel Management.
Linda M. Springer,
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. 3307, 8337(h) and 
8456; E.O. 13318, 68 FR 66317, Nov. 25, 2003; 38 U.S.C. 4301 et 
seq.; Pub. L. 105-339, 112 Stat 3182-83; and E.O. 13162, 65 FR 
43211, July 12, 2000.


0
2. Revise Sec.  213.3202, paragraphs (a)(2), (b)(2), and (b)(11) 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 and seeking a degree 
(diploma, certificate, etc.) in a high school whose curriculum has been 
approved by a State or local governing body, or in a technical or 
vocational school, 2-year or 4-year college or university, or graduate 
or professional school, that has been accredited by an accrediting body 
recognized by the Secretary of the U.S. Department of Education. 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 other requirements are met. An individual 
who needs to complete less than the equivalent of half an academic/
vocational or technical course-load in the class enrollment period 
immediately prior to graduating is still considered a student for 
purposes of this program.
* * * * *
    (b) * * *
    (2) Definition of student. A student is an individual who has been 
accepted for enrollment or who is enrolled and seeking a degree 
(diploma, certificate, etc.) in a high school whose curriculum has been 
approved by a State or local governing body, or in a technical or 
vocational school, 2-year or 4-year college or university, or graduate 
or professional school, that has been accredited by an accrediting body 
recognized by the Secretary of the U.S. Department of Education. 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 other requirements are met. An individual 
who needs to complete less than the equivalent of half an academic/
vocational or technical course-load in the class enrollment period 
immediately prior to graduating is still considered a student for 
purposes of this program.
* * * * *
    (11) Program requirements for noncompetitive conversion. (i) A 
student who is a U.S. citizen may be noncompetitively converted from 
the Student Career Experience Program to a term, career-conditional, or 
career appointment under Executive Order 12015 (as amended by Executive 
Order 13024) when the student has:
    (A) Completed at least 640 hours of career-related work experience 
acquired through a Federal work-study program while otherwise enrolled 
as a full-time or part-time, degree-seeking student. Up to 320 hours 
acquired through a comparable non-Federal work-study program meeting 
the criteria set forth in

[[Page 18164]]

paragraph (b)(11)(ii) of this section may be credited toward the 640-
hour minimum for students pursuing degrees under paragraphs 
(b)(1)(i)(D) through (F) of this section;
    (B) Completed a course of academic study from an accredited school 
conferring a diploma, certificate, or degree, within the 120-day period 
preceding the appointment;
    (C) Received a favorable recommendation regarding such an 
appointment by an official of the agency or agencies in which the job-
related work experience was acquired; and
    (D) Met the qualification standards for the position to which the 
student will be appointed.
    (ii) To be creditable under paragraph (b)(11)(i)(A) of this 
section, work experience must be in a field or functional area that is 
related to the student's target position/career field and must be 
acquired either under a Student Educational Employment Program 
appointment, any previous Federal appointment (e.g. fellowships and 
similar programs in accordance with 5 CFR 213.3102(r)), or while the 
student:
    (A) Worked in, but not for, a Federal agency, pursuant to a formal 
work-study agreement comparable to the SCEP agreements under 
213.3202(b)(12) between the agency and an accredited academic 
institution; to include those student volunteers as defined by 5 CFR 
part 308;
    (B) Worked in, but not for, a Federal agency, pursuant to a written 
contract comparable to the SCEP agreements under 213.3202(b)(12) 
between the agency and an organization officially established to 
provide internship experiences to students; or
    (C) Served as an active duty member of the armed forces of the 
United States (including the National Guard and Reserves), as defined 
in 5 U.S.C. 2101, and has been discharged or released from active duty 
in the armed forces under honorable conditions.
    (iii) Agencies may waive up to one-half (i.e., 320 hours) of the 
640-hour minimum service requirement in paragraph (b)(11)(i)(A) of this 
section if a student enrolled in an accredited college or university 
completes 320 hours of career-related work experience under a Student 
Educational Employment Program appointment and has demonstrated high 
potential, as evidenced by outstanding academic achievement and 
exceptional job performance.
    (A) Outstanding academic achievement must be demonstrated by an 
overall grade point average of 3.5 or better, on a 4.0 scale; standing 
in the top 10 percent of the student's graduating class; and/or 
induction into a nationally-recognized scholastic honor society. 
Notwithstanding these differences, agencies may still refer to 
``superior academic achievement'' in OPM's Qualifications Standards for 
General Schedule Positions available on the OPM Web site at http://www.opm.gov to obtain specific guidance on GPA, class standing, and 
nationally recognized honor societies.
    (B) Exceptional job performance must be demonstrated by a formal 
evaluation conducted by the student's work-study supervisor(s), in a 
manner consistent with the applicable performance appraisal program 
established under an approved performance appraisal system.
    (iv) Service credited under paragraphs (b)(ii)(A) and (B) of this 
section is not creditable for any other purpose of this chapter. 
Student volunteer service under part 308 of this chapter and fellows 
appointed under 5 CFR 213.3102(r) may be evaluated, considered, and 
credited under this section when that experience is determined to be 
comparable in scope to experience gained in the Student Career 
Experience Program.
    (v) Noncompetitive conversion may be to a position within the same 
agency or any other agency within the Federal Government but must be to 
an occupation related to the student's academic training and work-study 
experience.
    (vi) Agencies that noncompetitively convert a Student Career 
Experience Program graduate to a term appointment may also 
noncompetitively convert that individual to a career or career-
conditional appointment before the term appointment expires.
* * * * *
[FR Doc. 06-3391 Filed 4-10-06; 8:45 am]
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