[Federal Register: October 26, 1998 (Volume 63, Number 206)]
[Rules and Regulations]
[Page 57045-57046]

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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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