[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
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

[[Page 73]]

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 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

[[Page 74]]

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. (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

[[Page 75]]

    (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.
    (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:

[[Page 76]]

    (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.
    (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 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 under the Federal Career Intern Program (FCIP) may not 
exceed 2 years, except as described in paragraph (o)(2) of this section. 
Initial appointments are made to a position at the grade GS-5, 7, or 9 
(and equivalent) or other trainee levels appropriate for the Program, 
unless otherwise approved by OPM. 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 establish or extend internships for up to 1 additional year beyond 
the authorized 2 years for additional training and/or developmental 
activities.
    (ii) Agencies may extend, without prior OPM approval, 2-year 
internships for up to an additional 120 days to cover rare or unusual 
circumstances, or situations where agencies have established criteria 
for approving extensions.
    (3) Qualifications. Candidates will be evaluated using OPM 
qualification standards or OPM-approved, agency-specific qualification 
standards.
    (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, career interns 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 a career intern confers 
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 an agency or OPM-approved 
extension.
    (ii) An employee who held a career or career-conditional appointment 
in an agency immediately before entering the FCIP in the same agency, 
and who fails to complete the FCIP 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 FCIP. For purposes of this 
paragraph, ``agency'' means an Executive agency 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.

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    (iii) Service under the FCIP 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. As a condition of employment, the appointment of a 
career intern expires at the end of the 2-year internship period, plus 
any extension. 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 the employee is specifically 
eligible for placement under paragraph (o)(6)(ii) of this section.
    (8) Movement between career intern positions. A career intern may 
move from one career intern position to another career intern position 
without a break in service. If the move involves different agencies, the 
career intern must separate from the current agency and be reappointed 
under a career intern appointment by the new employing agency. The 
career intern does not begin a new 2-year internship period; however, 
the career intern is subject to any other employment condition the new 
agency requires, including a possible extension of the internship period 
up to a maximum period of 1 year. The time previously served under a 
career intern appointment counts toward the completion of the 2-year 
period required for conversion.
    (9) Career Development. Agencies will provide the career interns 
with formal 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.
    (10) Agency Responsibilities. Each agency will determine the 
appropriate use of the FCIP relating to recruitment needs in 
geographical areas, specific occupational series, and grades, pay bands 
or other pay levels, ensuring that programs are developed and 
implemented in accordance with the merit system principles. Each agency 
must describe in writing how it will use the FCIP, including, but not 
limited to, such aspects as:
    (i) Delegating the authority to develop FCIPs (e.g., department-wide 
versus bureaus and agency components);
    (ii) Defining the roles and responsibilities of supervisors and 
other key officials in FCIP administration, such as human resources 
staff, budget and finance staff, career counselors, or mentors;
    (iii) Identifying the positions or occupations that will be covered 
under the FCIP;
    (iv) Developing procedures for accepting applications, and 
evaluating and selecting candidates according to part 302 of this 
chapter on employment in the excepted service and any other applicable 
requirements;
    (v) Designing, implementing, and documenting formal program(s) for 
the training and development of employees selected under the provisions 
of this Program, including the type and duration of assignments;
    (vi) Deciding how to inform the career interns of what will be 
expected during the internship, including developmental assignments and 
performance requirements; and
    (vii) 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; 70 FR 44220, Aug. 2, 2005]

                               Schedule C