[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Page 25885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10988]



[[Page 25885]]

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MERIT SYSTEMS PROTECTION BOARD


The Merit Systems Protection Board (MSPB) is Providing Notice of 
the Opportunity to File Amicus Briefs in the Matter of Larry L. Evans 
v. Department of Veterans Affairs, MSPB Docket Number AT-3330-09-0953-
I-1.

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: Mr. Evans is a preference eligible veteran who has filed an 
appeal with the MSPB alleging that the agency violated his rights under 
the Veterans Employment Opportunities Act of 1998 (VEOA) when it failed 
to select him for a position. The issues raised in this matter concern 
the interplay of the Federal Career Intern Program (FCIP) with VEOA. 
The FCIP was established in 2000 by Executive Order 13,162 ``to provide 
for the recruitment and selection of exceptional employees for careers 
in the public sector,'' to attract exceptional individuals with 
``diverse professional experiences, academic training and 
competencies'' to the Federal workforce,'' and ``to prepare them for 
careers in analyzing and implementing public programs.'' Exec. Order 
13, 162; see Scull v. Department of Homeland Security, 113 M.S.P.R. 
287, ] 6 (2010).
    Appointments under the FCIP are to positions in Schedule B of the 
excepted service and are not to exceed 2 years, unless extended by the 
agency, with the concurrence of the Office of Personnel Management 
(OPM), for up to 1 additional year. Scull, 113 M.S.P.R. 287, ] 6; 5 CFR 
213.3202(o)(1)-(2). Upon successful completion of the internship, the 
agency may effect the intern's noncompetitive conversion to a career or 
career-conditional appointment in the competitive service. Scull, 113 
M.S.P.R. 287, ] 6; 5 CFR 213.3202(o)(6)(i).
    Evans presents the following legal issues: (1) Is 5 U.S.C. 3302(1) 
a ``statute * * * relating to veterans' preference'' on which a claim 
under VEOA may be based? See 5 U.S.C. 3330a(1)(A); (2) if so, may OPM 
delegate to other executive agencies the authority to except positions 
from the competitive service under 5 U.S.C. 3302(1)?; and (3) if that 
the answers to (1) and (2) are ``yes,'' what must an agency do to 
justify the use of the FCIP to fill a vacant position, considering the 
requirement of 5 U.S.C. Sec.  3302(1) that exceptions to the 
competitive service be ``necessary'' so as to provide for ``conditions 
of good administration''? See Weed v. Social Security Administration, 
112 M.S.P.R. 323, ]] 16-18 (2009) (describing the legal issues 
concerning use of the FCIP and 5 U.S.C. 3302(1)).
    Interested parties may submit amicus briefs or other comments on 
this issue no later than June 11, 2010. Amicus briefs must be filed 
with the Clerk of the Board. Briefs shall not exceed 15 pages in 
length. The text shall be double-spaced, except for quotations and 
footnotes, and the briefs shall be on 8\1/2\ by 11 inch paper with one 
inch margins on all four sides.

DATES: All briefs submitted in response to this notice shall be filed 
with the Clerk of the Board on or before June 11, 2010.

ADDRESSES: All briefs shall be captioned ``Larry L. Evans v. Department 
of Veterans Affairs'' and entitled ``Amicus Brief.'' Only one copy of 
the brief need be submitted. Briefs must be filed with the Office of 
the Clerk of the Board, Merit Systems Protection Board, 1615 M Street, 
NW., Washington, DC 20419.

FOR FURTHER INFORMATION CONTACT: Matthew Shannon, Office of the Clerk 
of the Board, (202) 653-7200.

    Dated: May 4, 2010.
William D. Spencer,
Clerk of the Board.
[FR Doc. 2010-10988 Filed 5-7-10; 8:45 am]
BILLING CODE 7400-01-P