[Federal Register: December 2, 1997 (Volume 62, Number 231)]
[Rules and Regulations]
[Page 63627-63630]

[[Page 63627]]

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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: Interim regulations with request for written comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations governing the Student Educational Employment Program. The
regulations make no fundamental changes to the 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: December 2, 1997. Written comments will be
considered if received on or before January 2, 1998.

FOR FURTHER INFORMATION CONTACT: Christina Gonzales Vay, 202-606-0830,
FAX 202-606-0390, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: On December 16, 1994, OPM published final
regulations at 59 FR 64839 that consolidated 13 different student
employment programs into one simplified program, the Student
Educational Employment Program. The Student Educational Employment
Program is comprised of two components, the Student Temporary
Employment Program and the Student Career Experience Program. Each was
assigned an excepted service appointing authority letter under Schedule
B. The Student Temporary Employment Program was listed as 5 CFR
213.3202(a); the Student Career Experience Program was listed as 5 CFR
213.3202(b). Implementing regulations for the programs were listed
separately under 5 CFR 213.3202 (c) and (d), which has caused confusion
when citing the appropriate appointing authority.
    We propose to rearrange the authorities so that the requirements
for each program are listed under the appointing authority itself. The
Student Temporary Employment Program will remain under 5 CFR
213.3202(a), and the Student Career Experience Program under 5 CFR
213.3202(b). Requirements and general instructions that apply to both
components appear in each authority. Paragraphs (c) and (d) in
Sec. 213.3202 are reserved.
    No fundamental changes are made to the Student Educational
Employment Program; we are not entertaining any suggestions to change
it. The Program will continue as it has for the last 2 years, with
clarifications to three definitions.

Program Clarifications

    <bullet> The current definition of ``student'' does not clearly
address the situation of students who are accepted for enrollment
but are not yet taking courses, taking correspondence course, or
being home-schooled. We are amending the definition to make clear
that individuals who are accepted for enrollment are considered to
be students for the purpose of both programs. We are also clarifying
that only those students who are in actual physical attendance at
the school may participate in the Student Educational Employment
Program. This is similar to the definition of ``student'' used in
the past for summer employment.
    <bullet> Under the Student Career Experience Program, the
authority currently classifies students as trainees in the -99
series of an occupational group and does not address wage grade
positions. We did not intend to limit Student Career Experience
appointments to only positions under the General Schedule.
Therefore, we are clarifying that agencies may appoint Student
Career Experience eligibles to positions either under the General
Schedule or the Federal Wage System.
    <bullet> We are clarifying the definition of ``break in
program'' to make clear that a break in program is authorized when a
student is neither attending classes nor working at the agency.

Conversion to Term Appointments

    On November 7, 1996, Executive Order 13024 authorized
noncompetitive conversion of Student Career Experience employees to
term appointments in the competitive service, in addition to career and
career-conditional appointments authorized by Executive Order 12015.
Before the term appointment expires, agencies may noncompetitively
convert the term appointments to career or career-conditional
appointments. This provides agencies an additional flexibility in
managing its workforce. We are including this provision in the Student
Career Experience appointment authority, and making conforming changes
in part 315.

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.

Waiver of Notice of Proposed Rulemaking

    Pursuant to 5 U.S.C. 533(b)(3)(B), I find that good cause exists
for waiving the general notice of proposed rulemaking because this
document merely recodifies paragraphs for greater clarity and ease of
use. Also, the Executive Order permitting noncompetitive conversion to
term appointments became effective on November 7, 1996. No substantive
changes have been made in these regulations.

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 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,

[[Page 63628]]

47 FR 22931, 3 CFR 1982 Comp., p. 185; and 38 U.S.C. 4301 et seq.

    2. In Sec. 213.104, paragraph (b)(3)(ii) is revised to read as
follows:

Sec. 213.104  Special provisions for temporary, intermittent, or
seasonal appointments in Schedule A, B, or C.

* * * * *
    (b) * * *
    (3) * * *
    (ii) Positions are filled under an authority established for the
purpose of enabling the appointees to continue or enhance their
education, or to meet academic or professional qualification
requirements. These include the authorities set out in paragraphs (r)
and (s) of Sec. 213.3102 and paragraph (a) of Sec. 213.3202, and
authorities granted to individual agencies for use in connection with
internship, fellowship, residency, or student programs.
* * * * *
    3. In Sec. 213.3202, paragraphs (a) and (b) are revised, and
paragraphs (c) and (d) are removed and reserved, to read as follows:

Sec. 213.3202  Entire executive civil service.

    (a) Student Educational Employment Program--Student Temporary
Employment Program. (1) Students may be appointed to the Student
Temporary Employment Program if they are pursuing any of the following
educational programs:
    (i) High school diploma or General Equivalency Diploma (GED);
    (ii) Vocational/Technical certificate;
    (iii) Associate degree;
    (iv) Baccalaureate degree;
    (v) Graduate degree; or
    (vi) Professional degree.
    (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 resident 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.
A student must be in actual physical attendance at a school, as
distinguished from a correspondence or home-schooled student. 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.
    (3) Schedules. Students may work full-time or part-time schedules
at any time during the year. There are no limitations on the number of
hours a student can work per week, but the student's work schedule
should not interfere with the student's academic schedule.
    (4) Breaks in program. A break in program is defined as a period of
time when a program participant is working but is unable to go to
school, or neither attending classes nor working at the agency.
Agencies may use their discretion in either approving or denying a
break in program.
    (5) Employment of minors. Participation in this program must be in
conformance with Federal, State, or local laws and standards governing
the employment of minors.
    (6) Citizenship. Agencies may appoint non-citizens provided that:
    (i) The student is lawfully admitted to the United States as a
permanent resident or otherwise authorized to be employed; and
    (ii) The agency is authorized to pay aliens under the annual
appropriations act ban and any agency specific enabling and
appropriation statutes.
    (7) Employment of relatives. In accordance with part 310 of this
chapter, a student may work in the same agency with a relative when
there is no direct reporting relationship and the relative is not in a
position to influence or control the student's appointment, employment,
promotion or advancement within the agency.
    (8) Financial need. There is no requirement for students to meet
any specific economic/income criteria to be eligible. However, agencies
have the option to establish and use financial need as a criteria to
select students, if they wish. OPM does not develop or distribute
annual economic guidelines for use in determining financial need. An
agency wishing to use the Department of Health and Human Services'
poverty guidelines may call the Department of Health and Human
Services, Office of the Assistant Secretary for Planning and
Evaluation.
    (9) Training expenses. Agencies may use their training authority in
5 U.S.C. chapter 41 and 5 CFR part 410 to pay all or part of the
students' training expenses.
    (10) Appointments. (i) Students are appointed to positions not to
exceed 1 year. Appointments under this authority may be extended in
one-year increments as long as the individual meets the definition of a
student. Agencies may establish minimum academic requirements and on
the job performance requirements for continuation in the program.
Students under this appointment authority are excepted from the
limitations under Sec. 213.104.
    (ii) The nature of the duties does not have to be related to the
student's academic/career goals.
    (iii) Students are not eligible for noncompetitive conversion to
term, career, or career-conditional appointments. They may be converted
to the Student Career Experience Program (refer to paragraph (a)(15) of
this section).
    (11) Classification. Classification of students is based on the
occupational series for which they are hired. Grade level is to be set
according to the criteria in the appropriate General Schedule (GS) or
wage grade (WG) classification standard.
    (12) Qualifications. Students may be evaluated either by agency-
developed standards or by the OPM qualification requirements for the
position to which appointed. Students are eligible for promotions.
Promotions should be documented as a conversion to another excepted
appointment, citing the same authority used for the original
appointment and maintaining the original not-to-exceed (NTE) date.
    (13) Benefits. (i) Students under this program are eligible for
annual and sick leave and are generally ineligible for retirement
coverage. Refer to Sec. 831.201 and Sec. 842.105 of this chapter for
specific information.
    (ii) For rules on health and life insurance coverage refer to
Sec. 870.202, Sec. 890.102, and Sec. 890.502 of this chapter.
    (14) Reductions-in-Force (RIF). Students are covered by
Sec. 351.502 of this chapter for purposes of RIF. Students, provided
they have completed at least 1 year of current continuous service, are
in excepted service Tenure Group III.
    (15) Conversion to Student Career Experience Program. (i) Students
may be noncompetitively converted to the Student Career Experience
Program whenever they meet the requirements of that program and the
agency has an appropriate position available.
    (ii) Work experience related to the student's academic program and
career goals, gained while under the Student Temporary Employment
Program, may be credited towards the 640 hour work experience necessary
for noncompetitive conversion to a term, career, or career-conditional
appointment.
    (iii) Conversions are not subject to requirements of subparts C and
D of part 302 of this chapter.
    (b) Student Educational Employment Program--Student Career
Experience Program. (1)(i) Students may be appointed to the Student
Career

[[Page 63629]]

Experience Program if they are pursuing any of the following
educational programs:
    (A) High school diploma or General Equivalency Diploma (GED);
    (B) Vocational/Technical certificate;
    (C) Associate degree;
    (D) Baccalaureate degree;
    (E) Graduate degree; or
    (F) Professional degree.
    (ii) Student participants in the Harry S. Truman Foundation
Scholarship Program under the provision of Public Law 93-842 are
eligible for appointments under the Student Career Experience Program.
    (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 resident 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.
A student must be in actual physical attendance at a school, as
distinguished from a correspondence or home-schooled student. 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.
    (3) Schedules. Students may work full-time or part-time schedules
at any time during the year. There are no limitations on the number of
hours a student can work per week, but the student's work schedule
should not interfere with the student's academic schedule.
    (4) Breaks in program. A break in program is defined as a period of
time when a program participant is working but is unable to go to
school, or neither attending classes nor working at the agency.
Agencies may use their discretion in either approving or denying a
break in program.
    (5) Employment of minors. Participation in this program must be in
conformance with Federal, State, or local laws and standards governing
the employment of minors.
    (6) Citizenship. (i) Agencies may appoint non-citizens provided
that:
    (A) The student is lawfully admitted to the United States as a
permanent resident or otherwise authorized to be employed; and
    (B) The agency is authorized to pay aliens under the annual
appropriations act ban and any agency specific enabling and
appropriation statutes.
    (ii) All students must be United States citizens at the time they
are noncompetitively converted to a term, career, or career-conditional
appointment.
    (7) Employment of relatives. In accordance with part 310 of this
chapter, a student may work in the same agency with a relative when
there is no direct reporting relationship and the relative is not in a
position to influence or control the student's appointment, employment,
promotion or advancement within the agency.
    (8) Financial need. There is no requirement for students to meet
any specific economic/income criteria to be eligible. However, agencies
have the option to establish and use financial need as a criteria to
select students, if they wish. OPM does not develop or distribute
annual economic guidelines for use in determining financial need. An
agency wishing to use the Department of Health and Human Services'
poverty guidelines may call the Department of Health and Human
Services, Office of the Assistant Secretary for Planning and
Evaluation.
    (9) Training expenses. Agencies may use their training authority in
5 U.S.C. chapter 41 and 5 CFR part 410 of this chapter to pay all or
part of the students' training expenses.
    (10) Appointments. (i) Appointments are subject to all the
requirements and conditions governing term, career, or career-
conditional employment, including investigation to establish an
appointee's qualifications and suitability.
    (ii) Appointments of participants who have met all the requirements
of the program may be noncompetitively converted to term, career, or
career-conditional appointments at any time within 120 days after
satisfactory completion of the requirements for his/her diploma,
certificate, or degree.
    (11) Program requirements for noncompetitive conversion. (i)
Students 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:
    (A) Completed within the preceding 120 days, at an accredited
school, course requirements conferring a diploma, certificate, or
degree;
    (B) Completed at least 640 hours of career-related work (agencies
have the option of increasing this requirement for some or all of its
occupational fields), before completion of, or concurrently with, the
course requirements;
    (C) Been recommended by the employing agency in which the career-
related work was performed; and
    (D) Met the qualification standards for the targeted position to
which the student will be appointed.
    (ii) Conversions must be to an occupation related to the student's
academic training and career related work experience.
    (iii) The noncompetitive conversion may be to a position within the
same agency or any other agency within the Federal Government.
    (iv) Agencies who noncompetitively convert Student Career
Experience Program participants to term appointments may also
noncompetitively convert them to career or career-conditional
appointments before the term appointments expire.
    (12) Agreement by all parties. (i) The Student Career Experience
Program is a formally structured program and requires a written
agreement by all parties (agency, school, student) as to the:
    (A) Nature of work assignments;
    (B) Schedule of work assignments and class attendance;
    (C) Evaluation procedures; and
    (D) Requirements for continuation and successful completion of the
program.
    (ii) The work experience with the agency must be related to his/her
academic/career goals.
    (13) Schedule. Agencies, participating educational institutions,
and students should agree on a formally-arranged schedule of school and
work to ensure that:
    (i) Work responsibilities do not interfere with academic
performance;
    (ii) Completion of the educational program (awarding of diploma/
certificate/degree) and the Student Career Experience Program are
accomplished in a reasonable and appropriate timeframe;
    (iii) The agency is informed and prepared for the student's periods
of employment; and
    (iv) Requirements for non-competitive conversion to term, career,
or career-conditional employment are understood by all parties.
    (14) Classification. Students whose positions are covered by the
General Schedule will be classified as student trainees, to the -99
series of the appropriate occupational group. Students whose positions
are covered by the Federal Wage System will be classified as student
trainees, to the -01 series of the appropriate occupational group.

[[Page 63630]]

    (15) Qualifications. Students may be evaluated by either agency-
developed standards or by the OPM qualifications requirements for the
target position. Any OPM test requirements are waived. Students are
eligible for promotion.
    (16) Benefits. (i) Students appointed under this program earn
annual and sick leave and with no prior service or with less than 5
years of prior civilian service, are generally covered by the Federal
Employees Retirement System (FERS) (see part 842 of this chapter).
    (ii) For life insurance and health benefits coverage refer to
Sec. 870.202 and Sec. 890.102 of this chapter.
    (17) Tuition assistance. Agencies may use their training authority
in 5 U.S.C. Chapter 41 and part 410 of this chapter to pay all or part
of the students' training expenses.
    (18) Travel and transportation. Agencies may pay for other expenses
directly related to training, such as travel and transportation between
duty station and school, for participants.
    (19) Reduction-in-force (RIF). (i) Students are in excepted service
Tenure Group II for purposes of Sec. 351.502. They are accorded the
same retention rights as excepted service employees.
    (ii) They may qualify for severance pay if involuntarily separated
under part 550, subpart G of this chapter.
* * * * *

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. 97-31536 Filed 12-1-97; 8:45 am]
BILLING CODE 6325-01-P