This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

41867

Vol. 65, No. 131

Friday, July 7, 2000

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR PARTS 3, 213, 315

RIN 3206–AI94

Appointments of Persons With

Psychiatric Disabilities

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations creating a new

Governmentwide excepted appointing

authority, with noncompetitive

conversion to the competitive service

authorized by Executive Order 13124,

for persons with psychiatric disabilities.

The regulations also abolish two

excepted service appointing authorities

that relate to persons with psychiatric

disabilities, and make technical

corrections.

EFFECTIVE DATES: August 7, 2000.

Conformity date: For all new

appointments under 5 CFR

213.3102(gg), agencies may begin to use

the authority on August 7, 2000. All

individuals who are currently serving

under the 2 authorities that will be

abolished by this regulation, 5 CFR

213.3102(h) and 213.3202(k), must be

converted to the new appointment, 5

CFR 213.3102(gg), by January 3, 2001.

FOR FURTHER INFORMATION CONTACT: John

Riedel-Alvarez or Kitty Kobert on (202)

606–1059, TTY (202) 606–0023, or FAX

(202) 606–0927.

SUPPLEMENTARY INFORMATION: The

Presidential Task Force on Employment

of Adults with Disabilities was created

in 1998 to address the

underemployment of people with

disabilities. Its first report, ‘‘Recharting

the Course,’’ recommended that OPM

look into paralleling the excepted

service hiring standards of adults with

psychiatric disabilities with the

excepted service hiring standards of

individuals with mental retardation and

severe physical disabilities. After

careful review of the standards, we

agreed they all should be the same.

As a result, we issued proposed

regulations on March 17, 2000, to

amend the Civil Service Rules to reflect

Executive Order 13124, June 4, 1999,

permitting persons with psychiatric

disabilities to be converted to the

competitive service after 2 years of

satisfactory service. In order to ensure

that as many people with psychiatric

disabilities are covered as possible, we

proposed creating a new excepted

service appointing authority for persons

with psychiatric disabilities. To avoid

confusion and duplication, we also

proposed abolishing 2 existing excepted

service appointing authorities for

persons with psychiatric disabilities

that were not broadly defined.

We received comments on the

regulations from 4 Federal agencies, 2

advocacy organizations, 1 State agency,

and 1 individual.

Comments

One Federal agency was confused

about how the authority will be

implemented based on the proposed

wording. Specifically, it was unclear

whether those who have certification in

subparagraph (2) are the only ones

eligible for noncompetitive conversion.

It was also unclear whether temporary

appointments may be made under the

(gg) authority. Therefore, we are revising

the authority to clarify a number of

items as follows:

(1) We are eliminating the

subparagraphs to make it clear that

either individuals who served under

temporary appointments or those who

receive certification may be appointed

under the (gg) authority. After 2 years of

satisfactory service under the authority,

they are eligible for noncompetitive

conversion to the competitive service.

(2) On the effective date of this

regulation, and through an OPM Notice

of Policy Information (being issued

concurrently and available on OPM’s

website, www.opm.gov), agencies may

use 5 CFR 213.3102(i)(3) to make

temporary appointments of persons

with psychiatric disabilities. These

temporary appointments may be used to

fulfill the requirements of the new (gg)

authority. [Temporary appointments are

defined for the excepted service in 5

CFR 213.104(a)(1).] This flexibility, and

adding the language to (gg), will make

it clear that temporary appointments are

not authorized under (gg), but under

(i)(3).

(3) We are also clarifying that

noncompetitive conversion of those

who have 2 years of satisfactory

performance under (gg) is at the

discretion of the agency, rather than a

right of the individual.

One Federal agency suggested that

time under temporary appointments is

permissible for noncompetitive

conversion to a permanent position in

the competitive service, changing the

conversion requirement in 5 CFR

315.709. We did not adopt this

suggestion. There is no basis for a

contention that temporary status in the

excepted service confers permanent

status in the competitive service.

Two advocacy organizations favored

language found in the ADA that refers

to certifying individuals under the (gg).

We agree it is hard to assess and certify

that an individual with a psychiatric

illness is ‘‘likely to succeed in the

performance of duties.’’ Instead, we will

use the language suggested by the 2

organizations.

Two advocacy organizations also

suggested adding community

rehabilitation programs to the list of

those who may certify individuals with

psychiatric disabilities. We are not

changing the authority at this time; we

want to research this further before

adopting it as an option for agencies.

One Federal agency recommended

that OPM add language to describe how

the disabilities are evidenced, similar to

language in the abolished 5 CFR

213.3202(k). We believe a better place to

provide more information is in the

‘‘People with Disabilities in the Federal

Government—An Employment Guide.’’

OPM will update this resource guide to

add more information for agencies on

psychiatric disabilities.

Implementation

Agencies must move those who are

currently serving under the soon-to-beabolished 5 CFR 213.3102(h) and 5 CFR

213.3202(k) authorities to the new

authority, 5 CFR 213.3102(gg), as soon

as possible. Those individuals may

serve the remaining time under the (gg)

and be eligible for noncompetitive

conversion. A current employee’s

service under 5 CFR 213.3102(h) or 5

CFR 3202(k) will count toward the 2-

41868 Federal Register / Vol. 65, No. 131 / Friday, July 7, 2000 / Rules and Regulations

year period needed for noncompetitive

conversion.

OPM’s Guide to Personnel Data

Standards and The Guide to Processing

Personnel Actions will be updated to

reflect the new changes. These Guides

are available on OPM’s website,

www.opm.gov.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic 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 3, 213,

and 315

Government employees.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending parts

3, 213, and 315 of title 5, Code of

Federal Regulations, as follows:

PART 3—NONCOMPETITIVE

ACQUISITION OF STATUS (RULE III)

1. The authority citation for part 3

continues to read as follows:

Authority: 5 U.S.C. 3301, 3302.

2. In § 3.1, paragraph (b)(3) is added

to read as follows:

§ 3.1 Classes of persons who may

noncompetitively acquire status.

* * * * *

(b) * * *

(3) An employee with a psychiatric

disability who completes at least 2 years

of satisfactory service in a position

excepted from the competitive service.

PART 213—EXCEPTED SERVICE

3. The authority citation 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;

§ 213.101 also issued under 5 U.S.C. 2103;

§ 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., and Pub. L. 105–339.

4. In § 213.3102, paragraph (h) is

removed and reserved. Paragraph (gg) is

added to read as follows:

§ 213.3102 Entire executive civil service.

* * * * *

(gg) Positions when filled by persons

with psychiatric disabilities who have

demonstrated their ability to perform

satisfactorily under a temporary

appointment [such as one authorized in

213.3102(i)(3)] or who are certified as

likely to be able to perform the essential

functions of the job, with or without

reasonable accommodation, by a State

vocational rehabilitation counselor, a

U.S. Department of Veterans Affairs

Veterans Benefits Administration or

Veterans Health Administration

psychologist, vocational rehabilitation

counselor, or psychiatrist. Upon

completion of 2 years of satisfactory

service under this authority, the

employee can be converted, at the

discretion of the agency, to competitive

status under the provisions of Executive

Order 12125 as amended by Executive

Order 13124.

* * * * *

5. In § 213.3202, paragraph (k) is

removed and reserved.

PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT

6. The authority citation for part 315

continues to read as follows:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O.

10577, 3 CFR 1954–1958 Comp., p. 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. 315.611 also issued under

Section 511, Pub. L. 106–117.

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.

7. Section 315.709 is amended by

revising the section heading, the

introductory text of paragraph (a), and

paragraphs (a)(1), and (b)(2) to read as

follows:

§ 315.709 Employees who are mentally

retarded, severely physically handicapped,

or have psychiatric disabilities serving

under Schedule A appointments.

(a) Coverage. Employees appointed

under §§ 213.3102(t), (u), and (gg) of this

chapter may have their appointments

converted to career or career-conditional

appointments when they:

(1) Complete 2 or more years of

satisfactory service, without a break of

more than 30 days, under nontemporary

Schedule A appointments.

* * * * *

(b) * * *

(2) A career employee if he or she has

completed 3 years of substantially

continuous service in nontemporary

appointments under §§ 213.3102(t), (u),

or (gg) of this chapter, or has otherwise

completed the service requirement for

career tenure, or is excepted from it by

§ 315.201(c).

* * * * *

[FR Doc. 00–17125 Filed 7–3–00; 11:20 am]

BILLING CODE 6325–01–P

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 550

RIN 3206–AI78

Payments During Evacuation

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations to raise the age requirement

for payment of the maximum per diem

rate for a dependent of an evacuated

civilian employee from age 11 to age 12.

This applies to evacuations in the

United States because of natural

disasters or for military or other reasons

that create an imminent danger to life.

This final rule makes OPM’s regulations

consistent with Department of Defense

(DOD) evacuation regulations, which

require that an evacuated dependent of

a uniformed member be 12 years of age

or older to receive the maximum per

diem rate.

DATES: Effective Date: The regulations

are effective and applicable on August

7, 2000.

FOR FURTHER INFORMATION CONTACT:

Roger Knadle, (202) 606–2858, FAX:

(202) 606–0824, or email at

payleave@opm.gov.

SUPPLEMENTARY INFORMATION: Office of

Personnel Management (OPM)

regulations on payments during

evacuation are found in subpart D of 5