[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR213.3202]

[Page 72-77]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 213--EXCEPTED SERVICE--Table of Contents
 
                      Subpart C--Excepted Schedules
 
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 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.
    (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: 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.
    (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

[[Page 73]]

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 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 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.
    (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

[[Page 74]]

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: 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.
    (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, 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:
    (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;

[[Page 75]]

    (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.
    (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. 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.
    (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.
    (c)-(i) [Reserved]
    (j) Special executive development positions established in 
connection with Senior Executive Service candidate development programs 
which have been approved by OPM. A Federal agency may make new 
appointments under this authority for any period of employment not 
exceeding 3 years for one individual.
    (k)-(l) [Reserved]
    (m) Positions when filed under any of the following conditions:
    (1) Appointment at grades GS-15 and above, or equivalent, in the 
same or a different agency without a break in service from a career 
appointment in the Senior Executive Service (SES) of an individual who:
    (i) Has completed the SES probationary period;
    (ii) Has been removed from the SES because of less than fully 
successful executive performance, failure to be recertified, or a 
reduction in force; and
    (iii) Is entitled to be placed in another civil service position 
under 5 U.S.C. 3594(b).
    (2) Appointment in a different agency without a break in service of 
an individual originally appointed under paragraph (m)(l).
    (3) Reassignment, promotion, or demotion within the same agency of 
an individual appointed under this authority. U.S.C.
    (n) Positions when filled by preference eligibles or veterans who 
have been separated from the armed forces under honorable conditions 
after 3 years or more of continuous active military service and who, in 
accordance with the provisions of Pub.L. 105-339, applied for these 
positions under

[[Page 76]]

merit promotion procedures when applications were being accepted from 
individuals outside its own workforce. These veterans may be promoted, 
demoted, or reassigned, as appropriate, to other positions within the 
agency but would remain employed under this excepted authority as long 
as there is no break in service. No new appointments may be made under 
this authority after November 30, 1999.
    (o) The Federal Career Intern Program--(1) Appointments. 
Appointments made under the Federal Career Intern Program may not exceed 
2 years, except as described in paragraph (o)(2) of this section. 
Initial appointments shall be made to a position at the grades GS-5, 7, 
or 9 (and equivalent) or other trainee levels appropriate for the 
Program. Agencies must request OPM approval to cover additional grades 
to meet unique or specialized needs. Agencies will use part 302 of this 
chapter when making appointments under this Program.
    (2) Extensions. (i) Agencies must request, in writing, OPM approval 
to extend internships for up to 1 additional year beyond the authorized 
2 years for additional training and/or developmental activities.
    (ii) Agencies are delegated the authority to extend, without prior 
OPM approval, 2-year internships for up to an additional 120 days to 
cover rare or unusual circumstances, and where agencies have established 
criteria for approving extensions.
    (3) Qualifications. Candidates will be evaluated using OPM 
qualification requirements or OPM-approved, agency-specific 
qualification requirements.
    (4) Tenure Group. Career interns are in the excepted service Tenure 
Group II for purposes of Sec. 351.502 of this chapter. Expiration of the 
internship is not subject to part 351 of this chapter.
    (5) Promotions. During the internship period, individuals 
participating in the program may receive promotions as determined by an 
agency's plan. This provision does not confer entitlement to promotion.
    (6) Conversion to Competitive Service. Except as provided in 
paragraph (o)(6)(ii) of this section, service as an intern shall confer 
no rights to further Federal employment in either the competitive or 
excepted service upon the expiration of the internship period.
    (i) Competitive civil service status may be granted to career 
interns who successfully complete their internships and meet all 
qualification, suitability, and performance requirements. These 
noncompetitive conversions will be effective on the date the 2-year 
service requirement is met, or at the end of the extended period.
    (ii) An employee who held a career or career-conditional appointment 
in an agency immediately before entering the Career Intern Program in 
the same agency, and who fails to complete the Career Intern Program for 
reasons unrelated to misconduct or suitability, shall be placed in a 
career or career-conditional position in the current agency at no lower 
grade or pay than the one the employee left to accept the position in 
the Career Intern Program. For purposes of this paragraph, agency means 
an Executive Department, Government corporation, or independent 
establishment as defined in 5 U.S.C. 105. An Executive Department may 
treat each of its bureaus or components (first major subdivision that is 
separately organized and clearly distinguished from other bureaus or 
components in work function and operation) as a separate agency or as 
part of one agency, but must do so by agency directive in establishing 
the program.
    (iii) Service under the Career Intern Program counts toward career 
tenure in the competitive service, if the Career Intern is converted to 
a career-conditional appointment under Sec. 315.712 of this chapter.
    (7) Terminations. The appointment of a career intern expires at the 
end of the 2-year internship period, plus any extensions. The employing 
agency may, with no break in service, convert the intern to a career or 
career-conditional appointment in accordance with Sec. 315.712 of this 
chapter. If an employee is not converted to a career or career-
conditional appointment, the career intern appointment terminates, 
unless specifically eligible for placement under paragraph (o)(6)(ii) of 
this section.
    (8) Career Development. Agencies will provide the career interns 
with formal

[[Page 77]]

training and developmental opportunities to acquire the appropriate 
agency-identified competencies needed for conversion. These activities 
may include, but are not limited to, formal training classes, rotational 
or other job assignments, attendance at conferences and seminars, 
interagency assignments, or other activities approved by the agency.
    (9) Agency Responsibilities. Each agency will determine the 
appropriate use of the Career Intern Program relating to recruitment 
needs in specific occupational series, grades, and geographical areas, 
ensuring that programs are developed and implemented in accordance with 
the merit system principles. Agencies may adapt the program to meet 
their individual requirements, including, but not limited to such 
aspects as:
    (i) Deciding how to delegate the authority to develop Career Intern 
Programs (e.g., department-wide versus bureaus and agency components);
    (ii) Defining the roles and responsibilities of supervisors and 
other key officials in career intern program administration, such as 
human resources staff, budget and finance staff, career counselors, or 
mentors;
    (iii) Designing, implementing, and documenting formal program(s) for 
the training and development of employees selected under the provisions 
of this Part, including the type and duration of assignments;
    (iv) Deciding how to inform the career interns of what will be 
expected during the internship, including developmental assignments and 
performance requirements; and
    (v) Planning, coordinating, implementing and monitoring program 
activities.

[47 FR 28904, July 2, 1982, as amended at 47 FR 38258, Aug. 31, 1982; 52 
FR 25194, July 6, 1987; 52 FR 43722, Nov. 16, 1987; 54 FR 15371, Apr. 
18, 1989; 54 FR 18875, May 3, 1989; 55 FR 26419, June 28, 1990; 56 FR 
170, Jan. 3, 1991; 59 FR 64841, Dec. 16, 1994; 62 FR 63628, Dec. 2, 
1997; 63 FR 57045, Oct. 26, 1998; 63 FR 66705, Dec. 3, 1998; 65 FR 
14431, Mar. 17, 2000; 65 FR 41868, July 7, 2000; 65 FR 78078, Dec. 14, 
2000]

                               Schedule C