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

63627

Vol. 62, No. 231

Tuesday, December 2, 1997

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.

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

§ 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

• 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.

• 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.

• 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 careerconditional appointments authorized by

Executive Order 12015. Before the term

appointment expires, agencies may

noncompetitively convert the term

appointments to career or careerconditional 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 careerconditional 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;

§ 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,
63628 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

47 FR 22931, 3 CFR 1982 Comp., p. 185; and

38 U.S.C. 4301 et seq.

2. In § 213.104, paragraph (b)(3)(ii) is

revised to read as follows:

§ 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 § 213.3102 and paragraph (a) of

§ 213.3202, and authorities granted to

individual agencies for use in

connection with internship, fellowship,

residency, or student programs.

* * * * *

3. In § 213.3202, paragraphs (a) and

(b) are revised, and paragraphs (c) and

(d) are removed and reserved, to read as

follows:

§ 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

§ 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 § 831.201

and § 842.105 of this chapter for specific

information.

(ii) For rules on health and life

insurance coverage refer to § 870.202,

§ 890.102, and § 890.502 of this chapter.

(14) Reductions-in-Force (RIF).

Students are covered by § 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
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 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 careerconditional 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 careerconditional 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 careerrelated 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 careerconditional 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.
63630 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

(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 § 870.202 and

§ 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 § 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 CAREERCONDITIONAL 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 § 315.201, paragraph (b)(1)(ix) is

revised to read as follows:

§ 315.201 Service requirement for career

tenure.

* * * * *

(b) * * *

(1) * * *

(ix) The date of nontemporary

excepted appointment under

§ 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

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 410

RIN 3206–AF99

Federal Employee Training

AGENCY: Office of Personnel

Management.

ACTION: Correcting amendments.

SUMMARY: This document contains a

correction to the final regulations,

which were published in the Federal

Register of Tuesday, December 17, 1996

(61 FR 66189). The regulations

implemented policies related to the

training of Federal employees.

DATES: Effective on December 17, 1996.

FOR FURTHER INFORMATION CONTACT:

Judith Lombard, 202–606–2431, email

jmlombar@opm.gov, or fax 202–606–

2394.

SUPPLEMENTARY INFORMATION:

Background

The final regulations subject to this

correction affect the training of Federal

employees. The subsection on reports

contains an inaccurate reference about

records of agency training plans,

expenditures, and activities. The

correction removes a reference to a nonexistent subsection of the final

regulations and adds, in its place, a

reference to the correct subsection of the

final regulations.

Need for Correction

As published, the final regulations

contain an error which may prove to be

misleading and needs to be corrected.

List of Subjects in 5 CFR Part 410

Education, Government employees.

Accordingly, 5 CFR part 410 is

corrected by making the following

correcting amendment:

PART 410—TRAINING

1. The authority citation for part 410

continues to read as follows:

Authority: 5 U.S.C. 4101, et. seq.; E.O.

11348, 3 CFR, 1967 Comp., p. 275.

§ 410.701 (Corrected)

2. In § 410.701, remove the reference

to § 410.312, and add, in its place,

§ 410.311.

Office of Personnel Management.

Janice R. Lachance,

Director.

[FR Doc. 97–31535 Filed 12–1–97; 8:45 am]

BILLING CODE 6325–01–P

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 591

RIN 3206–AH51

Cost-of-Living Allowance (Nonforeign

Areas)—Miscellaneous Changes

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management is issuing regulations that

implement four changes in the

nonforeign area cost-of-living allowance

(COLA) program. One change removes

obsolete references to hiring authorities

no longer in use. A second change

clarifies the application of COLA

regulations to two pay systems linked to

or equivalent to the Senior Executive

Service. A third change clarifies the

application of COLA regulations to

employees under other pay systems.

The fourth change extends nonforeign

area post differentials to employees on

long-term temporary assignments in the

same manner as is provided by the

Department of State for employees in

foreign areas.

DATES: These regulations become

effective on December 2, 1997. These

regulations are applicable on the first

day of the first pay period beginning on

or after December 2, 1997.

FOR FURTHER INFORMATION CONTACT: Paul

B. Malerba at (202) 606–2838, FAX:

(202) 606–4264, or EMAIL:

cola@opm.gov.

SUPPLEMENTARY INFORMATION: Under

section 5941 of title 5, United States

Code, and Executive Order 10000, as

amended, certain Federal employees in

nonforeign areas outside the 48

contiguous States are eligible for cost-ofliving allowances (COLAs) when local

living costs are substantially higher than

those in the Washington, DC, area.

These COLAs are paid in Alaska,

Hawaii, Puerto Rico, the U.S. Virgin

Islands, and Guam and the

Commonwealth of the Northern Mariana

Islands.