[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Rules and Regulations]
[Page 42241-42246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy06-1]
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Rules and Regulations
Federal Register
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[[Page 42241]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 213 and 315
RIN 3206-AK58
Excepted Service--Appointment of Persons With Disabilities and
Career and Career-Conditional Employment
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing a final
regulation regarding the excepted service appointments of persons with
mental retardation, severe physical disabilities, and psychiatric
disabilities. The regulation improves the Federal Government's ability
to hire persons with these disabilities. It is designed to remove
barriers and increase employment opportunities for persons with
disabilities.
DATES: Effective Dates: August 25, 2006.
Conformity date: For all new appointments under 5 CFR 213.3102(u),
agencies may begin using the authority on August 25, 2006. Agencies
must convert all individuals who are serving under the two authorities
that are abolished by this regulation, 5 CFR 213.3102(t) and
213.3102(gg), to the new appointing authority, 5 CFR 213.3102(u), by
January 22, 2007.
FOR FURTHER INFORMATION CONTACT: Deidre Dessommes by telephone on 202-
606-0960, by FAX on 202-606-2329, by TDD on 202-418-3134, or by e-mail
at deidre.dessommes@opm.gov.
SUPPLEMENTARY INFORMATION: On January 11, 2005, OPM issued a proposed
regulation at 70 FR 1833 to implement changes in the three existing
Schedule A excepted service appointing authorities for persons with
mental retardation, severe physical disabilities, and psychiatric
disabilities, which agencies use to hire people with disabilities. The
proposed regulation allowed agencies to determine, on a case-by-case
basis, whether individuals with these disabilities can receive an
appointment based solely on medical documentation submitted by the
applicant. The proposal also sought to consolidate the three separate
Schedule A appointing authorities into one authority.
We received written comments from 17 agencies, 12 public service
organizations, 7 Federal employees, and 35 individuals. In addition, we
held a teleconference, at the request of the Office of Management and
Budget, on February 15, 2005, with 16 agencies to discuss specific
operational issues agencies had regarding the proposal. While many of
these comments generally supported the proposed changes, 9 agencies, 1
public service organization, and 5 individuals expressed serious
concerns over the broadened certification and determination of
disability procedures and the potential liability agencies may incur as
a result of these changes. After reviewing the comments, we are
especially concerned that agency personnel lack the expertise to make
medical disability determinations. This may result in inconsistent
determinations across and within agencies and unanticipated inequities
to disabled individuals; people who are not disabled could be appointed
at the expense of those for whom these authorities were intended. After
careful consideration of these comments, we determined that some of the
proposed changes would result in unforeseen burdens and difficulties
being imposed on hiring agencies as well as disabled individuals and
have modified the final regulation accordingly.
The final regulation modernizes the appointment processes for
people with disabilities in several significant ways:
We are consolidating the three separate Schedule A
appointing authorities, 5 CFR 213.3102(t) (mental retardation),
213.3102(u) (severe physical disabilities), and 213.3102(gg)
(psychiatric disabilities) into one appointing authority, 5 CFR
213.3102(u).
We are expanding agency acceptance of proof of disability
and an applicant's job readiness certification to include broader types
of certifying entities. Agencies may accept proof and certification
from a licensed medical professional (e.g., a physician or other
medical professional duly certified by a State, the District of
Columbia, or a U.S. territory, to practice medicine); a licensed
vocational rehabilitation specialist (i.e., State or private); or any
Federal agency, State agency, or agency of the District of Columbia or
a U.S. territory that issues or provides disability benefits.
We are clarifying the employment options for appointments
under this authority. In cases where an applicant does not have
certification of job readiness, an agency may appoint the individual to
a temporary appointment to determine the applicant's readiness for
continued employment.
We are clarifying that agencies may also make temporary
(for positions not expected to last more than 1 year), time-limited and
permanent appointments under this authority.
We are clarifying the distinction between proof of
disability and certification of job readiness (i.e., the applicant is
likely to succeed in performing the duties of the position for which he
or she is applying). This will help agencies make proper appointments
and lessen confusion expressed by commenters.
Comments
In addition to the concerns noted in the previous paragraphs, OPM
received comments on other aspects of the proposed regulation. We
categorized the comments by the following areas: Consolidation of
appointing authorities, proof of disability, certification of job
readiness, employment options, noncompetitive conversion, and
miscellaneous comments.
Consolidation of Appointing Authorities
OPM received comments from 14 agencies, 2 organizations, and 3
individuals regarding the consolidation of the three appointing
authorities into one. Most of these comments favored streamlining these
appointing authorities. One agency commented that the consolidation
will cause an additional workload to agencies; another agency asked OPM
to provide guidance on converting individuals currently serving on the
Sec. 213.3102(t) and (gg) appointments to the Sec. 213.3102(u)
authority. We are unclear
[[Page 42242]]
how combining the authorities will increase agency workload. We are
providing additional guidance on executing the final regulation in the
``Implementation'' section of this final regulation's Supplemental
Information and will update the Guide to Processing Personnel Actions
accordingly.
Another agency asked whether OPM considered separating the Sec.
213.3102(gg) authority for appointing persons with psychiatric
disabilities from the other two because such disabilities are hidden
and difficult to detect. We are not sure how discerning a disability
relates to the type of appointing authority under which an agency will
appoint an individual. However, we believe streamlining the three
separate authorities under one appointing authority will prove to be
less confusing procedurally for the hiring agencies as well as help in
reducing the number of appointing authorities that currently exist.
One agency stated the consolidation of authorities could negatively
impact individuals currently appointed under three separate authorities
during a reduction in force (RIF). We understand the agency's concern;
however, depending on the actual circumstances of the restructuring,
consolidation could have either a positive or negative impact compared
with the current appointing authorities' impact. Agencies have
discretion in determining which positions to abolish, as well as
discretion to provide competing excepted service employees with certain
assignment rights. (See 5 CFR part 351 for details.)
One individual opposed the consolidation on the grounds that it
will impact prior discrimination claims brought against agencies and
therefore may have a negative economic impact on these agencies. We
believe that consolidation will have no impact on previous
discrimination claims. The basis for these claims will not be affected
by the combining of three authorities into one.
Proof of Disability
Proof of disability is required for appointments of persons with
mental retardation, severe physical disabilities, or psychiatric
disabilities. Previously, past guidance limited proof of disability to
State Vocational Rehabilitation Agencies or the Department of Veterans
Affairs (VA); agencies did not have the discretion to make
determinations without the certification. It was also unclear what
``certification'' referred to in the language of the appointing
authority. The final regulation allows agencies to accept as proof of
disability documentation from a licensed medical professional (e.g., a
physician or other medical professional duly certified by a State, the
District of Columbia, or a U.S. territory, to practice medicine); a
licensed vocational rehabilitation specialist (i.e., State or private);
or any Federal agency, State agency, or agency of the District of
Columbia or a U.S. territory that issues or provides disability
benefits.
One agency and one individual asked what level of agency authority
is responsible for making determinations of the disability and of the
likelihood that applicants are likely to succeed in performing the
duties of the position. In the final regulation, we decided against
providing agencies the option of making these determinations based upon
comments we received--in sum, that agency personnel lack the expertise
necessary to make medical disability determinations.
One individual asked whether a disabled person could submit the
same documentation or certification more than once when applying for a
position under this authority. We are not imposing any requirements
concerning the recency of the documentation (provided the information
is accurate) or any limitations on the number of times an applicant may
submit such documentation.
Another individual stated that requiring certification by
applicants already employed on a permanent Schedule A excepted service
appointment is repetitive, burdensome and discriminatory. The final
regulation does not require certification of current Schedule A
employees. To clarify this, we will address it further in the
``Implementation'' section of this preamble.
An agency and a public service organization commented that the
requirement that applicants with life-long or well-established
disabilities submit documentation places a burden on these individuals
because their documentation may not be available. We agree in part that
this requirement may result in a burden on some individuals. However,
agencies must ensure that individuals seeking appointment under this
authority meet the intent of Executive Orders 12125 and 13124. In
addition, by expanding the certification resources, we believe agencies
will hire more individuals which will lead to expanded job
opportunities for persons with disabilities.
Certification of Job Readiness
A public service organization asked that we clarify the processes
for documenting an applicant's disability and his/her ability to
perform the duties of the position. As stated in a previous paragraph,
the previous guidance was confusing in regards to both certifications.
The final regulation makes a distinction between (1) proof of an
applicant's disability, and (2) certification of the applicant's job
readiness. As noted in a previous paragraph, proof of disability is
required for all appointments of persons with mental retardation,
severe physical disabilities, or psychiatric disabilities. The final
regulation allows agencies to accept as proof of disability
documentation from a licensed medical professional (e.g., a physician
or other medical professional duly certified by a State, the District
of Columbia, or U.S. territory, to practice medicine), a licensed
vocational rehabilitation specialist (i.e., State or private); or any
Federal agency, State agency, or agency of the District of Columbia or
a U.S. territory that issues or provides disability benefits.
Certification of job readiness is a determination that a disabled
applicant is likely to succeed in the performance of the duties of the
position he or she is seeking. Certification of job readiness is
required for appointments of persons with mental retardation, severe
physical disabilities, or psychiatric disabilities. The same entities
listed in a previous paragraph that may provide proof of disability may
also certify an individual's job readiness. In addition, agencies may
give individuals a temporary appointment in order to determine the
applicant's job readiness, in lieu of job readiness certification.
Agencies may convert individuals serving on a temporary appointment
under Sec. 213.3102(u) to a time-limited or permanent appointment
under Sec. 213.3102(u) at any time during the temporary appointment.
Operational aspects of documentation will remain with the agencies.
We believe it is the agencies' responsibility to ensure procedures are
followed and that proper appointing authorities are used.
One organization suggested modifying Sec. 213.3102(u)(ii),
consistent with sections 501 and 504 of the Rehabilitation Act, to
state that certification of whether an individual is likely to succeed
in the performance of a job is made ``with or without reasonable
accommodation.'' We are not adopting this suggestion because agencies
already are required to make reasonable accommodation determinations
for the work environment.
[[Page 42243]]
Two agencies recommended that OPM allow instructors, teachers,
professors and other education professionals to certify an individual's
ability to perform the duties of the job. We are not adopting this
suggestion on the basis that individuals in these professions may not
be specifically trained or licensed to make employability
determinations.
One individual suggested that Federal agencies should require
certification from a State Vocational Rehabilitation Agency (SVRA). We
disagree; entities other than SVRAs (e.g., VA, private Vocational
Rehabilitation Agencies, etc.) provide certifications of job readiness.
In addition, in many cases SVRA certification is time-consuming and
places an unnecessary burden on individuals seeking Federal employment.
Three agencies and a public service organization commented that
agencies may lack the expertise to determine whether applicants are
likely to successfully perform the duties of a particular position. An
agency asked what the impact would be if an agency did not agree with
another agency's certification of job readiness. As stated in a
previous paragraph, we decided against giving agencies the discretion
to interpret an individual's certification of job readiness, which may
result in inconsistent determinations across and within agencies and
unanticipated inequities to disabled individuals. As noted in a
previous paragraph, agencies have the discretion to decide from which
entities they will accept certification of job readiness.
Another agency recommends the final regulation expands on the
criteria that agencies should use to predict probable job success. We
believe that the hiring agency, rather than OPM, is in the best
position to determine job success for the position it wants to fill.
Employment Options
One agency asked that OPM clarify the temporary and other
employment options. We agree clarification is needed. Under the new
Sec. 213.3102(u) authority, an agency may make:
--A temporary appointment for an individual who has proof of disability
but lacks certification for job readiness. Using some type of temporary
appointment in lieu of certification of job readiness has long been
available to agencies. We are continuing this practice but clarifying
it in the context of the revised appointing authority. The individual
may work under the Sec. 213.3102(u) appointment until the agency
determines that the individual is able to perform the duties of the
position, or the individual gains the certification from one of the
entities listed in the appointing authority. Once certification is
obtained, the agency may then appoint the individual to a time-limited
or permanent appointment under the Sec. 213.3102(u) authority. If the
individual does not gain certification during the appointing authority
timeframe, or does not demonstrate satisfactorily his or her ability to
perform the duties of the job, the agency must separate the employee.
(See 5 CFR 213.104 for the definition and restrictions on temporary
appointments in the excepted service.)
--A temporary appointment of an individual who provides proof of a
disability and certification for job readiness, when the duties of the
position do not require it to be filled on a permanent basis.
--A time-limited appointment of an individual who provides proof of
disability and certification for job readiness, when the duties of the
position do not require it to be filled on a permanent basis. (See 5
CFR 213.104 for the definition of time-limited.)
--A permanent appointment of an individual who provides proof of
disability and certification for job readiness. However, agencies are
cautioned that the intent of Executive Orders 12125 and 13124
concerning employment of persons with mental retardation, severe
physical disabilities, and psychiatric disabilities is to permit these
individuals to obtain ``civil service competitive status.'' Civil
service competitive status is obtained through conversion to the
competitive service rather than remaining in the excepted service.
The noncompetitive conversion of individuals occurs after the
individual serves at least 2 years under a time-limited or permanent
appointment under the revised Sec. 213.3102(u) authority. Time served
in a temporary appointment under Sec. 213.3102(u) described in a
previous paragraph is creditable toward the 2 years required for
conversion. Time served in a temporary appointment in the competitive
or excepted service prior to an appointment under Sec. 213.3102(u) is
also creditable, as long as the position is in the same line of work as
the position filled by the time-limited or permanent Sec. 213.3102(u)
appointment.
One agency commented that the process requiring certification of a
disability for a temporary appointment is overly bureaucratic and
presents a barrier to employment of disabled individuals. We disagree
with this comment; agencies need proof that an applicant indeed has a
disability in order to ensure the individual is eligible for
appointment.
An agency asked whether these regulations impose a limitation on
the number of times a person can be employed under a temporary
appointment. The reference to time limitations on temporary
appointments is found in Sec. 213.104; this final regulation makes no
change to that section.
An agency commented that the proposed regulation created an extra
step to hire individuals with disabilities on a temporary appointment
if they have already demonstrated the ability to perform the job duties
in a satisfactory manner. The agency suggested individuals with
disabilities should be hired on a permanent basis through which the 1st
year of service could serve as the trial period. OPM does not agree and
is retaining the temporary employment option for those instances when
an agency needs to determine an individual's job readiness.
An agency suggested that the regulation include a statement that
applicants may be appointed to temporary appointments under this
authority with noncompetitive conversion to a permanent excepted
service appointment without further certification of job readiness. OPM
agrees and revised the new, consolidated authority to clarify this
point.
An individual asked whether a temporary appointment is required for
employees already in the Federal workforce who are seeking permanent
employment under this authority. The temporary employment option is not
intended for individuals already in the Federal workforce who have
already demonstrated their ability to perform the duties of a
particular job.
Noncompetitive Conversion
Two individuals commented that the 2-year requirement for
noncompetitive conversion to the competitive service is excessive. One
individual suggested we shorten this time period to 1 year. Executive
Orders 12125 and 13124 make it very clear that the 2 years is required
for conversion to the competitive service.
An agency suggested that conversion to a career-conditional
appointment should be a mandatory condition of this hiring authority.
OPM disagrees on the grounds that conversion to a career or
[[Page 42244]]
career-conditional appointment is not an employee right. Agencies
maintain the discretion to determine whether an employee is ready for
placement in the permanent career workforce. However, as noted in a
previous paragraph, we caution agencies about the intent of Executive
Orders 12125 and 13124 with regard to conversion of these individuals
to the competitive service.
One agency suggested that OPM specify in the final regulation that
conversions to the competitive service can be made after the individual
completes 2 or more years of satisfactory service under either a
permanent or temporary appointment under this authority. We disagree.
It is longstanding practice for appointing authorities that contain
conversion provisions, both in the excepted and competitive services,
to require individuals to serve on nontemporary appointments before
conversion. We see no reason to change this policy. However, we are
adding clarification in section 213.3102(u) concerning the applicable
appointments (time-limited or permanent) required for conversion.
Miscellaneous Comments
An agency and a public service organization commented that the term
``mental retardation'' is outdated and recommended we replace it with
``persons with a cognitive disability'' or ``developmental
disability.'' OPM recognizes the term ``mental retardation'' is
considered outdated, but the term is used in the authorizing Executive
Order 12125, dated March 15, 1979. We are reluctant to change a term
used in the Executive order.
An individual suggested that OPM change the term ``disabilities''
to ``medical conditions.'' OPM is not adopting this suggestion because
``medical conditions'' is a broader term that is undefined and general.
Two agencies suggested that OPM establish disability program points
of contact (POCs) to provide technical guidance to agencies and to
update contact information on the OPM Web site. OPM agrees and intends
to establish one or more POCs within our Human Capital Leadership and
Merit System Accountability Division.
Five agencies and one individual requested clarification and
definition with respect to the following terms: ``certain conditions;''
``severe physical disabilities;'' and ``certification.'' OPM does not
use the phrase ``certain conditions'' in the final regulation. We used
it in the supplementary portion of the proposed regulation to generally
mean instances in which a hiring agency could make determinations of
medical disabilities or employability. We are not defining ``severe
physical disabilities'' on the basis that doing so may limit
flexibility and because such a definition or finite list may exclude
future conditions from consideration under this authority. We agree the
term ``certification'' needs clarification. For the purposes of this
regulation, we made a distinction between a determination of disability
and a certification that a disabled applicant can perform the duties of
the position.
Three public service organizations and five individuals asked
whether individuals with specific conditions such as hearing
impairments, kidney disease, epilepsy, learning disabilities, or
cognitive deficits, or survivors of traumatic and/or acquired brain
injuries would be included under this regulation. In addition, a public
service organization commented that the regulation will allow OPM the
opportunity to clarify the full coverage of individuals with
disabilities. As stated in a previous paragraph, we are not providing a
list of qualifying conditions for inclusion under this subpart.
Further, there is no intent to specifically include or exclude any one
particular type of disability.
Four agencies and two individuals commented that the regulation
should address disabled employees currently in the Federal workforce
who are looking for upward mobility and career progression. Because the
appointing authority is aimed at initial entry to Federal employment,
we are not adopting this suggestion.
Two individuals commented that this regulation should offer a
hiring priority and/or other incentives to attract individuals with
disabilities to the Federal Government. We are not adopting this
suggestion because hiring priorities are established by statute or
Executive order.
One agency asked whether OPM will require agencies to submit annual
reports describing their use of this authority. There is no such
requirement in the final regulation, however, OPM captures the
statistical data on the use of the Schedule A appointing authorities in
the Central Personnel Data File. This will continue with the
implementation of the new regulation. OPM monitors, on an ad hoc basis,
the use of all Federal Government-wide appointing authorities,
including the Schedule A authorities for the employment of individuals
with disabilities.
One individual commented that the regulation does not hold Federal
agencies accountable for using this authority nor does it encourage
them to employ persons with disabilities. By law, agencies have broad
discretion in terms of how they fill their positions. The decision to
hire, and under what authority they do so, rests with the agency. In
addition, the Code of Federal Regulations is not the proper document to
include anything that is not regulatory in nature. We do believe the
modernized certification flexibilities provide encouragement for
agencies to increase their use of this authority.
An agency suggested that OPM should ensure that the number of
persons with disabilities in the Federal workforce increases. Agencies
are responsible for making their hiring decisions, based upon their
resources and human capital needs. OPM's role is to provide agencies
with the flexibilities for doing so and encourage their use.
Implementation
Agencies must move those who are currently serving under 5 CFR
213.3102(t) and 213.3102(gg) authorities to the new authority, 5 CFR
213.3102(u), as soon as possible. Those individuals must serve under
the same time limits as the appointment from which they are being
moved. They are eligible for noncompetitive conversion as long as the
original appointment (from which they are converting) is not a
temporary one. A current employee's service under 5 CFR 213.3102(u) and
213.3102(gg), regardless of whether the appointment is temporary or
not, will count toward the 2-year period needed for noncompetitive
conversion.
For those individuals who are currently serving under 5 CFR
213.3102(u), their appointments are unchanged.
Proof of disability and certification of job readiness are not
required for individuals already serving in appointments under Sec.
213.3102(u). They are also not required of those who will move from
Sec. Sec. 213.3102(t) and 213.3102(gg) to the revised Sec.
213.3102(u) authority.
We will update OPM's Guide to Personnel Data Standards and the
Guide to Processing Personnel Actions to reflect the new changes. These
Guides are available on OPM's Web site, http://www.opm.gov.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain potential applicants and Federal employees.
[[Page 42245]]
Executive Order 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 213 and 315
Government employees, Reporting and recordkeeping requirements.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending 5 CFR part 213 as follows:
PART 213--EXCEPTED SERVICE
0
1. The authority citation for part 213 is revised to read as follows:
Authority: 5 U.S.C. 3161, 3301 and 3302; E.O. 10577, 3 CFR 1954-
1958 Comp., p. 218.
Sec. 213.101 also issued under 5 U.S.C. 2103.
Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307,
8337(h), and 8456; E.O. 13318, 47 FR 22931, 3 CFR 1982 Comp., p.
185; 38 U.S.C. 4301 et seq.; Pub. L. 105-339, 112 Stat 3182-83; and
E.O. 13162.
0
2. Amend Sec. 213.3102 by removing and reserving paragraphs (t) and
(gg), and by revising paragraph (u) to read as follows:
Sec. 213.3102 Entire executive civil service.
* * * * *
(u) Appointment of Persons with Mental Retardation, Severe Physical
Disabilities, or Psychiatric Disabilities.
(1) Purpose. An agency may appoint, on a permanent, time-limited,
or temporary basis, a person with mental retardation, a severe physical
disability, or a psychiatric disability according to the provisions
described below.
(2) Proof of disability. (i) An agency must require proof of an
applicant's mental retardation, severe physical disability, or
psychiatric disability prior to making an appointment under this
section.
(ii) An agency may accept, as proof of an individual's mental
retardation, severe physical disability, or psychiatric disability,
appropriate documentation (e.g., records, statements, or other
appropriate information) issued from a licensed medical professional
(e.g., a physician or other medical professional duly certified by a
State, the District of Columbia, or a U.S. territory, to practice
medicine); a licensed vocational rehabilitation specialist (i.e., State
or private); or any Federal agency, State agency, or an agency of the
District of Columbia or a U.S. territory that issues or provides
disability benefits.
(3) Certification of job readiness. (i) An agency may accept
certification that the individual is likely to succeed in the
performance of the duties of the position for which he or she is
applying. Certification of job readiness may be provided by any entity
specified in paragraph (u)(2)(ii) of this section.
(ii) In cases where certification has not been provided, the hiring
agency may give the individual a temporary appointment under this
authority to determine the individual's job readiness. The agency may
also accept, at the agency's discretion, service under another type of
temporary appointment in the competitive or excepted services as proof
of job readiness.
(4) Permanent or time-limited employment options. (i) An agency may
make a permanent or time-limited appointment based upon:
(A) Proof of disability; and
(B) A certification of job readiness, or demonstration of job
readiness through a temporary appointment.
(5) Temporary employment options. An agency may make a temporary
appointment based upon proof of disability specified in paragraph
(u)(2) of this section when:
(i) It is necessary to observe the applicant on the job to
determine whether the applicant is able or ready to perform the duties
of the position. When an agency uses this option to determine an
individual's job readiness, the hiring agency may convert the
individual to a permanent appointment whenever the agency determines
the individual is able to perform the duties of the position; or
(ii) The individual has a certification of job readiness and the
work is of a temporary nature.
(6) Noncompetitive conversion to the competitive service. (i) An
agency may noncompetitively convert to the competitive service an
employee who has completed 2 years of satisfactory service in a
nontemporary appointment under this authority in accordance with the
provisions of Executive Order 12125 as amended by Executive Order 13124
and Sec. 315.709 of this chapter.
(ii) An agency may credit time spent on a temporary appointment
specified in paragraph (u)(5) of this section towards the 2-year
requirement.
* * * * *
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
3. The authority citation for part 315 is revised to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577. 3 CFR,
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.
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, 113 Stat. 1575-76. Sec. 315.708 also issued under E.O.
13318. 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.
Subpart B--The Career-Conditional Employment System
0
4. In Sec. 315.201 revise paragraph (b)(1)(xii) to read as follows:
Sec. 315.201 Service requirement for career tenure.
* * * * *
(b) * * *
(1) * * *
(xii) The date of nontemporary appointment under Schedule A, Sec.
213.3102(u) of this chapter, of a person with mental retardation, a
severe physical disability, or a psychiatric disability, provided the
employee's appointment is converted to a career or career-conditional
appointment under Sec. 315.709;
* * * * *
Subpart G--Conversion to Career or Career-Conditional Employment
From Other Types of Employment
0
5. Revise Sec. 315.709 to read as follows:
Sec. 315.709 Appointment for Persons With Disabilities.
(a) Coverage. An employee appointed under Sec. 213.3102(u) of this
chapter may have his or her appointment converted to a career or
career-conditional appointment when he or she:
(1) Completes 2 or more years of satisfactory service, without a
break of more than 30 days, under a nontemporary appointment under
Sec. 213.3102(u);
(2) Is recommended for such conversion by his or her supervisor;
(3) Meets all requirements and conditions governing career and
career-conditional appointment except those requirements concerning
competitive selection from a register and medical qualifications; and
(4) Is converted without a break in service of one workday.
(b) Tenure on conversion. An employee converted under paragraph (a)
of this section becomes:
[[Page 42246]]
(1) A career-conditional employee, except as provided in paragraph
(b)(2) of this section; or
(2) A career employee if he or she has completed 3 years of
substantially continuous service in a temporary appointment under Sec.
213.3102(u) of this chapter, or has otherwise completed the service
requirement for career tenure, or is excepted from it by Sec.
315.201(c).
(c) Acquisition of competitive status. A person whose employment is
converted to career or career-conditional employment under this section
acquires a competitive status automatically on conversion.
[FR Doc. 06-6464 Filed 7-25-06; 8:45 am]
BILLING CODE 6325-39-P