Excepted Service; Consolidated Listing of Schedules; A, B, and C Exceptions, 67862-67896 [05-22067]

Agencies

• Office of Personnel Management
• Personnel Management Office

[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Pages 67862-67896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22067]



[[Page 67861]]

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Part III





Office of Personnel Management





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Excepted Service; Consolidated Listing of Schedules; A, B, and C 
Exceptions; Notice

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / 
Notices

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OFFICE OF PERSONNEL MANAGEMENT


Excepted Service; Consolidated Listing of Schedules; A, B, and C 
Exceptions

AGENCY: Office of Personnel Management.

ACTION: Notice.

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SUMMARY: This gives a consolidated notice of all positions excepted 
under Schedules A, B, and C as of June 30, 2005, as required by Civil 
Service Rule VI, Exceptions from the Competitive Service.

FOR FURTHER INFORMATION CONTACT: Quasette Crowner, (202) 606-8046.

SUPPLEMENTARY INFORMATION: Civil Service Rule VI (5 CFR 6.1) requires 
the Office of Personnel Management (OPM) to publish notice of all 
exceptions granted under Schedules A, B, and C. Title 5, Code of 
Federal Regulations, Sec.  213.103(c), further requires that a 
consolidated listing, current as of June 30 of each year, be published 
annually as a notice in the Federal Register. That notice follows. OPM 
maintains continuing information on the status of all Schedule A, B, 
and C excepted appointing authorities. Interested parties needing 
information about specific authorities during the year may obtain 
information by writing to the Division for Strategic Human Resources 
Policy, Office of Personnel Management, 1900 E Street, NW., Room 6500, 
Washington, DC 20415, or by calling (202) 606-8046.
    The following exceptions were current on June 30, 2005:

Schedule A

Section 213.3102 Entire Executive Civil Service

    (a) Positions of Chaplain and Chaplain's Assistant.
    (b) (Reserved).
    (c) Positions to which appointments are made by the President 
without confirmation by the Senate.
    (d) Attorneys.
    (e) Law clerk trainee positions. Appointments under this paragraph 
shall be confined to graduates of recognized law schools or persons 
having equivalent experience and shall be for periods not to exceed 14 
months pending admission to the bar. No person shall be given more than 
one appointment under this paragraph. However, an appointment that was 
initially made for less than 14 months may be extended for not to 
exceed 14 months in total duration.
    (f) (Reserved).
    (g) (Reserved).
    (h) (Reserved).
    (i) Temporary and less-than-full time positions for which examining 
is impracticable. These are:
    (1) Positions in remote/isolated locations where examination is 
impracticable. A remote/isolated location is outside of the local 
commuting area of a population center from which an employee can 
reasonably be expected to travel on short notice under adverse weather 
and/or road conditions which are normal for the area. For this purpose, 
a population center is a town with housing, schools, health care, 
stores and other businesses in which the servicing examining office can 
schedule tests and/or reasonably expect to attract applicants. An 
individual appointed under this authority may not be employed in the 
same agency under a combination of this and any other appointment to 
positions involving related duties and requiring the same 
qualifications for more than 1,040 working hours in a service year. 
Temporary appointments under this authority may be extended in 1-year 
increments, with no limit on the number of such extensions, as an 
exception to the service limits in Sec.  213.104.
    (2) Positions for which a critical hiring needs exists. This 
includes both short-term positions and continuing positions that an 
agency must fill on an interim basis pending completion of competitive 
examining, clearances, or other procedures required for a longer 
appointment. Appointments under this authority may not exceed 30 days 
and may be extended up to an additional 30 days if continued employment 
is essential to the agency's operations. The appointments may not be 
used to extend the service limit of any other appointing authority. An 
agency may not employ the same individual under this authority for more 
than 60 days in any 12-month period.
    (3) Other positions for which OPM determines that examining is 
impracticable.
    (j) Positions filled by current or former Federal employees 
eligible for placement under special statutory provisions. Appointments 
under this authority are subject to the following conditions:
    (1) Eligible employees.
    (i) Persons previously employed as National Guard Technicians under 
32 U.S.C. 709(a) who are entitled to placement under Sec.  353.110 of 
this chapter, or who are applying for or receiving an annuity under the 
provisions of 5 U.S.C. 8337(h) or 5 U.S.C. 8456 by reason of a 
disability that disqualifies them from membership in the National Guard 
or from holding the military grade required as a condition of their 
National Guard employment;
    (ii) Executive branch employees (other than employees of 
intelligence agencies) who are entitled to placement under Sec.  
353.110, but who are not eligible for reinstatement or noncompetitive 
appointment under the provisions of part 315 of this chapter.
    (iii) Legislative and judicial branch employees and employees of 
the intelligence agencies defined in 5 U.S.C. 2302(a)(2)(C)(ii) who are 
entitled to placement assistance under Sec.  353.110.
    (2) Employees excluded. Employees who were last employed in 
Schedule C or under a statutory authority that specified the employee 
served at the discretion, will, or pleasure of the agency are not 
eligible for appointment under this authority.
    (3) Position to which appointed. Employees who are entitled to 
placement under Sec.  353.110 will be appointed to a position that OPM 
determines is equivalent in pay and grade to the one the individual 
left, unless the individual elects to be placed in a position of lower 
grade or pay. National Guard Technicians whose eligibility is based 
upon a disability may be appointed at the same grade, or equivalent, as 
their National Guard Technician position or at any lower grade for 
which they are available.
    (4) Conditions of appointment.
    (i) Individuals whose placement eligibility is based on an 
appointment without time limit will receive appointments without time 
limit under this authority. These appointees may be reassigned, 
promoted, or demoted to any position within the same agency for which 
they qualify.
    (ii) Individuals who are eligible for placement under Sec.  353.110 
based on a time-limited appointment will be given appointments for a 
time period equal to the unexpired portion of their previous 
appointment.
    (k) Positions without compensation provided appointments thereto 
meet the requirements of applicable laws relating to compensation.
    (l) Positions requiring the temporary or intermittent employment of 
professional, scientific, and technical experts for consultation 
purposes.
    (m) (Reserved).
    (n) Any local physician, surgeon, or dentist employed under 
contract or on a part-time or fee basis.
    (o) Positions of a scientific, professional or analytical nature 
when filled by bona fide members of the faculty of an accredited 
college or university who have special

[[Page 67863]]

qualifications for the positions to which appointed. Employment under 
this provision shall not exceed 130 working days a year.
    (p)-(q) (Reserved).
    (r) Positions established in support of fellowship and similar 
programs that are filled from limited applicant pools and operate under 
specific criteria developed by the employing agency and/or a non-
Federal organization. These programs may include: internship or 
fellowship programs that provide developmental or professional 
experiences to individuals who have completed their formal education; 
training and associate ship programs designed to increase the pool of 
qualified candidates in a particular occupational specialty; 
professional/industry exchange programs that provide for a cross-
fertilization between the agency and the private sector to foster 
mutual understanding, an exchange of ideas, or to bring experienced 
practitioners to the agency; residency programs through which 
participants gain experience in a Federal clinical environment; and 
programs that require a period of Government service in exchange for 
educational, financial or other assistance. Appointment under this 
authority may not exceed 4 years.
    (s) Positions with compensation fixed under 5 U.S.C. 5351-5356 when 
filled by student-employees assigned or attached to Government 
hospitals, clinics or medical or dental laboratories. Employment under 
this authority may not exceed 4 years.
    (t) Positions when filled by mentally retarded persons who have 
been certified by State vocational rehabilitation agencies as likely to 
succeed. Upon completion of 2 years of satisfactory service under this 
authority, the employee may qualify for conversion to competitive 
status under the provisions of Executive Order 12125 and implementing 
instruction issued by the Office.
    (u) Positions when filled by severely physically handicapped 
persons who:
    (1) Under a temporary appointment have demonstrated their ability 
to perform the duties satisfactorily; or
    (2) Have been certified by counselors of State vocational 
rehabilitation agencies or the Veterans Administration as likely to 
succeed in the performance of the duties. Upon completion of 2 years of 
satisfactory service under this authority, the employee may qualify for 
conversion to competitive status under the provisions of Executive 
Order 12125 and implementing regulations issued by OPM.
    (v)-(w) (Reserved).
    (x) Positions for which a local recruiting shortage exists when 
filled by inmates of Federal, District of Columbia, and State 
(including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Trust Territory of the Pacific Islands) penal 
and correctional institutions under work-release programs authorized by 
the Prisoner Rehabilitation Act of 1965, the District of Columbia Work 
Release Act, or under work-release programs authorized by the States. 
Initial appointments under this authority may not exceed 1 year. An 
initial appointment may be extended for one or more periods not to 
exceed 1 additional year each upon a finding that the inmate is still 
in a work-release status and that a local recruiting shortage still 
exists. No person may serve under this authority longer than 1 year 
beyond the date of that person's release from custody.
    (y) (Reserved).
    (z) Not to exceed 30 positions of assistants to top-level Federal 
officials when filled by persons designated by the President as White 
House Fellows.
    (aa) Scientific and professional research associate positions at 
GS-11 and above when filled on a temporary basis by persons having a 
doctoral degree in an appropriate field of study for research 
activities of mutual interest to appointees and their agencies. 
Appointments are limited to persons referred by the National Research 
Council under its post-doctoral research associate program, may not 
exceed 2 years, and are subject to satisfactory outcome of evaluation 
of the associate's research during the first year.
    (bb) Positions when filled by aliens in the absence of qualified 
citizens. Appointments under this authority are subject to prior 
approval of OPM except when the authority is specifically included in a 
delegated examining agreement with OPM.
    (cc)-(ee) (Reserved).
    (ff) Not to exceed 25 positions when filled in accordance with an 
agreement between OPM and the Department of Justice by persons in 
programs administered by the Attorney General of the United States 
under Public Law 91-452 and related statutes. A person appointed under 
this authority may continue to be employed under it after he/she ceases 
to be in a qualifying program only as long as he/she remains in the 
same agency without a break in service.
    (gg) Positions when filled by persons with psychiatric disabilities 
who have demonstrated their ability to perform satisfactorily under a 
temporary appointment [such as one authorized in 213.3102(i)(3)] or who 
are certified as likely to be able to perform the essential functions 
of the job, with or without reasonable accommodation, by a State 
vocational rehabilitation counselor, a U.S. Department of Veterans 
Affairs Veterans Benefits Administration or Veterans Health 
Administration psychologist, vocational rehabilitation counselor, or 
psychiatrist. Upon completion of 2 years of satisfactory service under 
this authority, the employee can be converted, at the discretion of the 
agency, to competitive status under the provisions of Executive Order 
12125 as amended by Executive Order 13124.
    (hh) (Reserved).
    (ii) Positions of Presidential Fellow, GS-9 and 11, in the 
Presidential Management Fellows Program. Initial appointments must be 
made at the GS-9 level. No one may serve under this authority for more 
than 2 years, unless extended with OPM approval for up to 1 additional 
year. Upon completion of 2 years of satisfactory service under this 
authority, the employee may qualify for conversion to competitive 
appointment under the provisions of Executive Order 12364, in 
accordance with requirements published in the Federal Personnel Manual.
    (jj-kk) (Reserved).
    (ll) Positions as needed of readers for blind employees, 
interpreters for deaf employees and personal assistants for handicapped 
employees, filled on a full-time, part-time, or intermittent basis.

Section 213.3103 Executive Office of the President

    (a) Office of Administration.
    (1) Not to exceed 75 positions to provide administrative services 
and support to the White House Office.
    (b) Office of Management and Budget. (1) Not to exceed 15 positions 
at grades GS-5/15.
    (c) Council on Environmental Quality. (1) Professional and 
technical positions in grades GS-9 through 15 on the staff of the 
Council.
    (d)-(f) (Reserved).
    (g) National Security Council.
    (1) All positions on the staff of the Council.
    (h) Office of Science and Technology Policy.
    (1) Thirty positions of Senior Policy Analyst, GS-15; Policy 
Analyst, GS-11/14; and Policy Research Assistant, GS-9, for employment 
of anyone not to exceed 5 years on projects of a high priority nature.
    (i) Office of National Drug Control Policy.
    (1) Not to exceed 15 positions, GS-15 and below, of senior policy 
analysts and

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other personnel with expertise in drug-related issues and/or technical 
knowledge to aid in anti-drug abuse efforts.

Section 213.3104 Department of State

    (a) Office of the Secretary.
    (1) All positions, GS-15 and below, on the staff of the Family 
Liaison Office, Director General of the Foreign Service and the 
Director of Personnel, Office of the Under Secretary for Management.
    (2) One position of Museum Curator (Arts), in the Office of the 
Under Secretary for Management, whose incumbent will serve as Director, 
Diplomatic Reception Rooms. No new appointments may be made after 
February 28, 1997.
    (b) American Embassy, Paris, France.
    (1) Chief, Travel and Visitor Unit. No new appointments may be made 
under this authority after August 10, 1981.
    (c)-(f) (Reserved).
    (g) Bureau of Population, Refugees, and Migration.
    (1) Not to exceed 10 positions at grades GS-5 through 11 on the 
staff of the Bureau.
    (h) Bureau of Administration.
    (1) One Presidential Travel Officer. No new appointments may be 
made under this authority after June 11, 1981.
    (2) One position of the Director, Art in Embassies Program, GM-
1001-15.
    (3) Up to 250 time-limited positions within the Department of State 
in support of the June 2004 Economic Summit of Industrial Nations. No 
new appointments may be made under this authority after June 30, 2004.

Section 213.3105 Department of the Treasury

    (a) Office of the Secretary.
    (1) Not to exceed 20 positions at the equivalent of GS-13 through 
GS-17 to supplement permanent staff in the study of complex problems 
relating to international financial, economic, trade, and energy 
policies and programs of the Government, when filled by individuals 
with special qualifications for the particular study being undertaken. 
Employment under this authority may not exceed 4 years.
    (2) Not to exceed 20 positions, which will supplement permanent 
staff involved in the study and analysis of complex problems in the 
area of domestic economic and financial policy. Employment under this 
authority may not exceed 4 years.
    (3) Not to exceed 50 positions in the Office of the Under Secretary 
(Enforcement).
    (b) U.S. Customs Service.
    (1) Positions in foreign countries designated as ``interpreter-
translator'' and ``special employees,'' when filled by appointment of 
persons who are not citizens of the United States; and positions in 
foreign countries of messenger and janitor.
    (2)-(8) (Reserved).
    (9) Not to exceed 25 positions of Customs Patrol Officers in the 
Papago Indian Agency in the State of Arizona when filled by the 
appointment of persons of one-fourth or more Indian blood.
    (d) Office of Thrift Supervision.
    (1) All positions in the supervision policy and supervision 
operations functions of OTS. No new appointments may be made under this 
authority after December 31, 1993.
    (e) Internal Revenue Service.
    (1) Twenty positions of investigator for special assignments.
    (f) (Reserved).
    (g) Bureau of Alcohol, Tobacco, and Firearms.
    (1) One hundred positions of criminal investigator for special 
assignments.
    (2) One non-permanent Senior Level (SL) Criminal Investigator to 
serve as a senior advisor to the Assistant Director (Firearms, 
Explosives, and Arson).

Section 213.3106 Department of Defense

    (a) Office of the Secretary.
    (1)-(5) (Reserved).
    (6) One Executive Secretary, US-USSR Standing Consultative 
Commission and Staff Analyst (SALT), Office of the Assistant Secretary 
of Defense (International Security Affairs).
    (b) Entire Department (including the Office of the Secretary of 
Defense and the Departments of the Army, Navy, and Air Force).
    (1) Professional positions in Military Dependent School Systems 
overseas.
    (2) Positions in attach[eacute] 1 systems overseas, including all 
professional and scientific positions in the Naval Research Branch 
Office in London.
    (3) Positions of clerk-translator, translator, and interpreter 
overseas.
    (4) Positions of Educational Specialist the incumbents of which 
will serve as Director of Religious Education on the staffs of the 
chaplains in the military services.
    (5) Positions under the program for utilization of alien 
scientists, approved under pertinent directives administered by the 
Director of Defense Research and Engineering of the Department of 
Defense, when occupied by alien scientists initially employed under the 
program including those who have acquired United States citizenship 
during such employment.
    (6) Positions in overseas installations of the DOD when filled by 
dependents of military or civilian employees of the U.S. Government 
residing in the area. Employment under this authority may not extend 
longer than 2 months following the transfer from the area or separation 
of a dependent's sponsor: Provided, that
    (i) A school employee may be permitted to complete the school year; 
and
    (ii) An employee other than a school employee may be permitted to 
serve up to 1 additional year when the military department concerned 
finds that the additional employment is in the interest of management.
    (7) Twenty secretarial and staff support positions at GS-12 or 
below on the White House Support Group.
    (8) Positions in DOD research and development activities occupied 
by participants in the DOD Science and Engineering Apprenticeship 
Program for High School Students. Persons employed under this authority 
shall be bona fide high school students, at least 14 years old, 
pursuing courses related to the position occupied and limited to 1,040 
working hours a year. Children of DOD employees may be appointed to 
these positions, notwithstanding the sons and daughters restriction, if 
the positions are in field activities at remote locations. Appointments 
under this authority may be made only to positions for which 
qualification standards established under 5 CFR part 302 are consistent 
with the education and experience standards established for comparable 
positions in the competitive service. Appointments under this authority 
may not be used to extend the service limits contained in any other 
appointing authority.
    (9) Positions engaged in the reconstruction of Iraq for hiring non-
U.S. citizens when there is a severe shortage of candidates with U.S. 
citizenship. This authority is limited to appointments made on or 
before July 1, 2004, and is subject to any restrictions set forth in 
the Department of Defense FY 2002 Appropriations Act.
    (10) Temporary or time-limited positions in direct support of U.S. 
Government efforts to rebuild and create an independent, free and 
secure Iraq and Afghanistan, when no other appropriate appointing 
authority applies. Positions will generally be located in Iraq or 
Afghanistan, but may be in other locations, including the United 
States, when directly supporting operations in Iraq or in Afghanistan. 
No new appointments may be made under this authority after March 31, 
2009.
    (c) (Reserved).
    (d) General.

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    (1) Positions concerned with advising, administering, supervising, 
or performing work in the collection, processing, analysis, production, 
evaluation, interpretation, dissemination, and estimation of 
intelligence information, including scientific and technical positions 
in the intelligence function; and positions involved in the planning, 
programming, and management of intelligence resources when, in the 
opinion of OPM, it is impracticable to examine. This authority does not 
apply to positions assigned to cryptologic and communications 
intelligence activities/functions.
    (2) Positions involved in intelligence-related work of the 
cryptologic intelligence activities of the military departments. This 
includes all positions of intelligence research specialist, and similar 
positions in the intelligence classification series; all scientific and 
technical positions involving the applications of engineering, physical 
or technical sciences to intelligence work; and professional as well as 
intelligence technician positions in which a majority of the 
incumbent's time is spent in advising, administering, supervising, or 
performing work in the collection, processing, analysis, production, 
evaluation, interpretation, dissemination, and estimation of 
intelligence information or in the planning, programming, and 
management of intelligence resources.
    (e) Uniformed Services University of the Health Sciences.
    (1) Positions of President, Vice Presidents, Assistant Vice 
Presidents, Deans, Deputy Deans, Associate Deans, Assistant Deans, 
Assistants to the President, Assistants to the Vice Presidents, 
Assistants to the Deans, Professors, Associate Professors, Assistant 
Professors, Instructors, Visiting Scientists, Research Associates, 
Senior Research Associates, and Postdoctoral Fellows.
    (2) Positions established to perform work on projects funded from 
grants.
    (f) National Defense University.
    (1) Not to exceed 16 positions of senior policy analyst, GS-15, at 
the Strategic Concepts Development Center. Initial appointments to 
these positions may not exceed 6 years, but may be extended thereafter 
in 1-, 2-, or 3-year increments, indefinitely.
    (g) Defense Communications Agency.
    (1) Not to exceed 10 positions at grades GS-10/15 to staff and 
support the Crisis Management Center at the White House.
    (h) Defense Acquisitions University.
    (1) The Provost and professors.
    (i) George C. Marshall European Center for Security Studies, 
Garmisch, Germany.
    (1) The Director, Deputy Director, and positions of professor, 
instructor, and lecturer at the George C. Marshall European Center for 
Security Studies, Garmisch, Germany, for initial employment not to 
exceed 3 years, which may be renewed in increments from 1 to 2 years 
thereafter.
    (j) Asia-Pacific Center for Security Studies, Honolulu, Hawaii.
    (1) The Director, Deputy Director, Dean of Academics, Director of 
College, deputy department chairs, and senior positions of professor, 
associate professor, and research fellow within the Asia Pacific 
Center. Appointments may be made not to exceed 3 years and may be 
extended for periods not to exceed 3 years.

Section 213.3107 Department of the Army

    (a)-(c) (Reserved).
    (d) U.S. Military Academy, West Point, New York.
    (1) Civilian professors, instructors, teachers (except teachers at 
the Children's School), Cadet Social Activities Coordinator, Chapel 
Organist and Choir-Master, Director of Intercollegiate Athletics, 
Associate Director of Intercollegiate Athletics, coaches, Facility 
Manager, Building Manager, three Physical Therapists (Athletic 
Trainers), Associate Director of Admissions for Plans and Programs, 
Deputy Director of Alumni Affairs; and librarian when filled by an 
officer of the Regular Army retired from active service, and the 
military secretary to the Superintendent when filled by a U.S. Military 
Academy graduate retired as a regular commissioned officer for 
disability.
    (e)-(f) (Reserved).
    (g) Defense Language Institute.
    (1) All positions (professors, instructors, lecturers) which 
require proficiency in a foreign language or a knowledge of foreign 
language teaching methods.
    (h) Army War College, Carlisle Barracks, PA.
    (1) Positions of professor, instructor, or lecturer associated with 
courses of instruction of at least 10 months duration for employment 
not to exceed 5 years, which may be renewed in 1-, 2-, 3-, 4-, or 5-
year increments indefinitely thereafter.
    (i) (Reserved).
    (j) U.S. Military Academy Preparatory School, Fort Monmouth, New 
Jersey.
    (1) Positions of Academic Director, Department Head, and 
Instructor.
    (k) U.S. Army Command and General Staff College, Fort Leavenworth, 
Kansas.
    (1) Positions of professor, associate professor, assistant 
professor, and instructor associated with courses of instruction of at 
least 10 months duration, for employment not to exceed up to 5 years, 
which may be renewed in 1-, 2-, 3-, 4-, or 5-year increments 
indefinitely thereafter.

Section 213.3108 Department of the Navy

    (a) General.
    (1)-(14) (Reserved).
    (15) Marine positions assigned to a coastal or seagoing vessel 
operated by a naval activity for research or training purposes.
    (16) All positions necessary for the administration and maintenance 
of the official residence of the Vice President.
    (b) Naval Academy, Naval Postgraduate School, and Naval War 
College.
    (1) Professors, instructors, and teachers; the Director of Academic 
Planning, Naval Postgraduate School; and the Librarian, Organist-
Choirmaster, Registrar, the Dean of Admissions, and social counselors 
at the Naval Academy.
    (c) Chief of Naval Operations.
    (1) One position at grade GS-12 or above that will provide 
technical, managerial, or administrative support on highly classified 
functions to the Deputy Chief of Naval Operations (Plans, Policy, and 
Operations).
    (d) Military Sealift Command.
    (1) All positions on vessels operated by the Military Sealift 
Command.
    (e) Pacific Missile Range Facility, Barking Sands, Hawaii.
    (1) All positions. This authority applies only to positions that 
must be filled pending final decision on contracting of Facility 
operations. No new appointments may be made under this authority after 
July 29, 1988.
    (f) (Reserved).
    (g) Office of Naval Research.
    (1) Scientific and technical positions, GS-13/15, in the Office of 
Naval Research International Field Office which covers satellite 
offices within the Far East, Africa, Europe, Latin America, and the 
South Pacific. Positions are to be filled by personnel having 
specialized experience in scientific and/or technical disciplines of 
current interest to the Department of the Navy.

Section 213.3109 Department of the Air Force

    (a) Office of the Secretary.
    (1) One Special Assistant in the Office of the Secretary of the Air 
Force. This position has advisory rather than operating duties except 
as operating or administrative responsibilities may be exercised in 
connection with the pilot studies.

[[Page 67866]]

    (b) General.
    (1) Professional, technical, managerial and administrative 
positions supporting space activities, when approved by the Secretary 
of the Air Force.
    (2) One hundred forty positions, serviced by Hill Air Force Base, 
Utah, engaged in interdepartmental activities in support of national 
defense projects involving scientific and technical evaluations.
    (c) Not to exceed 20 professional positions, GS-11 through GS-15, 
in Detachments 6 and 51, SM-ALC, Norton and McClellan Air Force Bases, 
California, which will provide logistic support management to 
specialized research and development projects.
    (d) U.S. Air Force Academy, Colorado.
    (1) (Reserved).
    (2) Positions of Professor, Associate Professor, Assistant 
Professor, and Instructor, in the Dean of Faculty, Commandant of 
Cadets, Director of Athletics, and Preparatory School of the United 
States Air Force Academy.
    (e) (Reserved).
    (f) Air Force Office of Special Investigations.
    (1) Positions of Criminal Investigators/Intelligence Research 
Specialists, GS-5 through GS-15, in the Air Force Office of Special 
Investigations.
    (g) Not to exceed eight positions, GS-12 through 15, in 
Headquarters Air Force Logistics Command, DCS Material Management, 
Office of Special Activities, Wright-Patterson Air Force Base, Ohio, 
which will provide logistic support management staff guidance to 
classified research and development projects.
    (h) Air University, Maxwell Air Force Base, Alabama.
    (1) Positions of Professor, Instructor, or Lecturer.
    (i) Air Force Institute of Technology, Wright-Patterson Air Force 
Base, Ohio. (1) Civilian deans and professors.
    (j) Air Force Logistics Command.
    (1) One Supervisory Logistics Management Specialist, GM-346-14, in 
Detachment 2, 2762 Logistics Management Squadron (Special), Greenville, 
Texas.
    (k) One position of Supervisory Logistics Management Specialist, 
GS-346-15, in the 2762nd Logistics Squadron (Special), at Wright-
Patterson Air Force Base, Ohio.
    (l) One position of Commander, Air National Guard Readiness Center, 
Andrews Air Force Base, Maryland.

Section 213.3110 Department of Justice

    (a) General.
    (1) Deputy U.S. Marshals employed on an hourly basis for 
intermittent service.
    (2) Positions at GS-15 and below on the staff of an office of a 
special counsel.
    (3)-(5) (Reserved).
    (6) Positions of Program Manager and Assistant Program Manager 
supporting the International Criminal Investigative Training Assistance 
Program in foreign countries. Initial appointments under this authority 
may not exceed 2 years, but may be extended in one-year increments for 
the duration of the in-country program.
    (b) Immigration and Naturalization Service.
    (1) (Reserved).
    (2) Not to exceed 500 positions of interpreters and language 
specialists, GS-1040-5/9.
    (3) Not to exceed 25 positions, GS-15 and below, with proficiency 
in speaking, reading, and writing the Russian language and serving in 
the Soviet Refugee Processing Program with permanent duty location in 
Moscow, Russia.
    (c) Drug Enforcement Administration.
    (1) (Reserved).
    (2) Four hundred positions of Intelligence Research Agent and/or 
Intelligence Operation Specialist in the GS-132 series, grades GS-9 
through GS-15.
    (3) Not to exceed 200 positions of Criminal Investigator (Special 
Agent). New appointments may be made under this authority only at 
grades GS-7/11.
    (d) National Drug Intelligence Center. All positions.

Section 213.3111 Department of Homeland Security

    (a) Up to 50 positions at the GS-5 through 15 grade levels at the 
Department of Homeland Security. No new appointments may be made under 
this authority after September 30, 2005. (b)(1) Ten positions for over 
site policy and direction of sensitive law enforcement activities.

Section 213.3112 Department of the Interior

    (a) General.
    (1) Technical, maintenance, and clerical positions at or below 
grades GS-7, WG-10, or equivalent, in the field service of the 
Department of the Interior, when filled by the appointment of persons 
who are certified as maintaining a permanent and exclusive residence 
within, or contiguous to, a field activity or district, and as being 
dependent for livelihood primarily upon employment available within the 
field activity of the Department.
    (2) All positions on Government-owned ships or vessels operated by 
the Department of the Interior.
    (3) Temporary or seasonal caretakers at temporarily closed camps or 
improved areas to maintain grounds, buildings, or other structures and 
prevent damages or theft of Government property. Such appointments 
shall not extend beyond 130 working days a year without the prior 
approval of OPM.
    (4) Temporary, intermittent, or seasonal field assistants at GS-7, 
or its equivalent, and below in such areas as forestry, range 
management, soils, engineering, fishery and wildlife management, and 
with surveying parties. Employment under this authority may not exceed 
180 working days a year.
    (5) Temporary positions established in the field service of the 
Department for emergency forest and range fire prevention or 
suppression and blister rust control for not to exceed 180 working days 
a year: Provided, that an employee may work as many as 220 working days 
a year when employment beyond 180 days is required to cope with 
extended fire seasons or sudden emergencies such as fire, flood, storm, 
or other unforeseen situations involving potential loss of life or 
property.
    (6) Persons employed in field positions, the work of which is 
financed jointly by the Department of the Interior and cooperating 
persons or organizations outside the Federal service.
    (7) All positions in the Bureau of Indian Affairs and other 
positions in the Department of the Interior directly and primarily 
related to providing services to Indians when filled by the appointment 
of Indians. The Secretary of the Interior is responsible for defining 
the term ``Indian.''
    (8) Temporary, intermittent, or seasonal positions at GS-7 or below 
in Alaska, as follows: Positions in nonprofessional mining activities, 
such as those of drillers, miners, caterpillar operators, and samplers. 
Employment under this authority shall not exceed 180 working days a 
year and shall be appropriate only when the activity is carried on in a 
remote or isolated area and there is a shortage of available candidates 
for the positions.
    (9) Temporary, part-time, or intermittent employment of mechanics, 
skilled laborers, equipment operators and tradesmen on construction, 
repair, or maintenance work not to exceed 180 working days a year in 
Alaska, when the activity is carried on in a remote or isolated area 
and there is a shortage of available candidates for the positions.

[[Page 67867]]

    (10) Seasonal airplane pilots and airplane mechanics in Alaska, not 
to exceed 180 working days a year.
    (11) Temporary staff positions in the Youth Conservation Corps 
Centers operated by the Department of the Interior. Employment under 
this authority shall not exceed 11 weeks a year except with prior 
approval of OPM.
    (12) Positions in the Youth Conservation Corps for which pay is 
fixed at the Federal minimum wage rate. Employment under this authority 
may not exceed 10 weeks.
    (b) (Reserved).
    (c) Indian Arts and Crafts Board. (1) The Executive Director.
    (d) (Reserved).
    (e) Office of the Assistant Secretary, Territorial and 
International Affairs.
    (1) (Reserved).
    (2) Not to exceed four positions of Territorial Management Interns, 
grades GS-5, GS-7, or GS-9, when filled by territorial residents who 
are U.S. citizens from the Virgin Islands or Guam; U.S. nationals from 
American Samoa; or in the case of the Northern Marianas, will become 
U.S. citizens upon termination of the U.S. trusteeship. Employment 
under this authority may not exceed 6 months.
    (3) (Reserved).
    (4) Special Assistants to the Governor of American Samoa who 
perform specialized administrative, professional, technical, and 
scientific duties as members of his or her immediate staff.
    (f) National Park Service.
    (1) (Reserved).
    (2) Positions established for the administration of Kalaupapa 
National Historic Park, Molokai, Hawaii, when filled by appointment of 
qualified patients and Native Hawaiians, as provided by Public Law 95-
565.
    (3) Seven full-time permanent and 31 temporary, part-time, or 
intermittent positions in the Redwood National Park, California, which 
are needed for rehabilitation of the park, as provided by Public Law 
95-250.
    (4) One Special Representative of the Director.
    (5) All positions in the Grand Portage National Monument, 
Minnesota, when filled by the appointment of recognized members of the 
Minnesota Chippewa Tribe.
    (g) Bureau of Reclamation.
    (1) Appraisers and examiners employed on a temporary, intermittent, 
or part-time basis on special valuation or prospective-entrymen-review 
projects where knowledge of local values on conditions or other 
specialized qualifications not possessed by regular Bureau employees 
are required for successful results. Employment under this provision 
shall not exceed 130 working days a year in any individual case: 
Provided, that such employment may, with prior approval of OPM, be 
extended for not to exceed an additional 50 working days in any single 
year.
    (h) Office of the Deputy Assistant Secretary for Territorial 
Affairs.
    (1) Positions of Territorial Management Interns, GS-5, when filled 
by persons selected by the Government of the Trust Territory of the 
Pacific Islands. No appointment may extend beyond 1 year.

Section 213.3113 Department of Agriculture

    (a) General.
    (1) Agents employed in field positions the work of which is 
financed jointly by the Department and cooperating persons, 
organizations, or governmental agencies outside the Federal service. 
Except for positions for which selection is jointly made by the 
Department and the cooperating organization, this authority is not 
applicable to positions in the Agricultural Research Service or the 
National Agricultural Statistics Service. This authority is not 
applicable to the following positions in the Agricultural Marketing 
Service: Agricultural commodity grader (grain) and (meat), (poultry), 
and (dairy), agricultural commodity aid (grain), and tobacco inspection 
positions.
    (2)-(4) (Reserved).
    (5) Temporary, intermittent, or seasonal employment in the field 
service of the Department in positions at and below GS-7 and WG-10 in 
the following types of positions: Field assistants for sub professional 
services; agricultural helpers, helper-leaders, and workers in the 
Agricultural Research Service and the Animal and Plant Health 
Inspection Service; and subject to prior OPM approval granted in the 
calendar year in which the appointment is to be made, other clerical, 
trades, crafts, and manual labor positions. Total employment under this 
subparagraph may not exceed 180 working days in a service year: 
Provided, that an employee may work as many as 220 working days in a 
service year when employment beyond 180 days is required to cope with 
extended fire seasons or sudden emergencies such as fire, flood, storm, 
or other unforeseen situations involving potential loss of life or 
property. This paragraph does not cover trades, crafts, and manual 
labor positions covered by paragraph (i) of Sec.  213.3102 or positions 
within the Forest Service.
    (6)-(7) (Reserved).
    (b)-(c) (Reserved).
    (d) Farm Service Agency.
    (1) (Reserved).
    (2) Members of State Committees: Provided, that employment under 
this authority shall be limited to temporary intermittent (WAE) 
positions whose principal duties involve administering farm programs 
within the State consistent with legislative and Departmental 
requirements and reviewing national procedures and policies for 
adaptation at State and local levels within established parameters. 
Individual appointments under this authority are for 1 year and may be 
extended only by the Secretary of Agriculture or his designee. Members 
of State Committees serve at the pleasure of the Secretary.
    (e) Rural Development.
    (1) (Reserved).
    (2) County committeemen to consider, recommend, and advise with 
respect to the Rural Development program.
    (3)-(5) (Reserved).
    (6) Professional and clerical positions in the Trust Territory of 
the Pacific Islands when occupied by indigenous residents of the 
Territory to provide financial assistance pursuant to current 
authorizing statutes.
    (f) Agricultural Marketing Service.
    (1) Positions of Agricultural Commodity Graders, Agricultural 
Commodity Technicians, and Agricultural Commodity Aids at grades GS-9 
and below in the tobacco, dairy, and poultry commodities; Meat 
Acceptance Specialists, GS-11 and below; Clerks, Office Automation 
Clerks, and Computer Clerks at GS-5 and below; Clerk-Typists at grades 
GS-4 and below; and Laborers under the Wage System. Employment under 
this authority is limited to either 1,280 hours or 180 days in a 
service year.
    (2) Positions of Agricultural Commodity Graders, Agricultural 
Commodity Technicians, and Agricultural Commodity Aids at grades GS-11 
and below in the cotton, raisin, and processed fruit and vegetable 
commodities and the following positions in support of these 
commodities: Clerks, Office Automation Clerks, and Computer Clerks and 
Operators at GS-5 and below; Clerk-Typists at grades GS-4 and below; 
and, under the Federal Wage System, High Volume Instrumentation (HVI) 
Operators and HVI Operator Leaders at WG/WL-2 and below, respectively, 
Instrument Mechanics/Workers/Helpers at WG-10 and below, and Laborers. 
Employment under this authority may not exceed 180 days in a service 
year. In unforeseen situations such as bad weather or crop conditions, 
unanticipated plant demands, or increased imports, employees may work 
up to 240 days in a service year. Cotton

[[Page 67868]]

Agricultural Commodity Graders, GS-5, may be employed as trainees for 
the first appointment for an initial period of 6 months for training 
without regard to the service year limitation.
    (3) Milk Market Administrators.
    (4) All positions on the staffs of the Milk Market Administrators.
    (g)-(k) (Reserved).
    (l) Food Safety and Inspection Service.
    (1)-(2) (Reserved).
    (3) Positions of Meat and Poultry Inspectors (Veterinarians at GS-
11 and below and non-Veterinarians at appropriate grades below GS-11) 
for employment on a temporary, intermittent, or seasonal basis, not to 
exceed 1,280 hours a year.
    (m) Grain Inspection, Packers and Stockyards Administration.
    (1) One hundred and fifty positions of Agricultural Commodity Aid 
(Grain), GS-2/4; 100 positions of Agricultural Commodity Technician 
(Grain), GS-4/7; and 60 positions of Agricultural Commodity Grader 
(Grain), GS-5/9, for temporary employment on a part-time, intermittent, 
or seasonal basis not to exceed 1,280 hours in a service year.
    (n) Alternative Agricultural Research and Commercialization 
Corporation. (1) Executive Director.

Section 213.3114 Department of Commerce

    (a) General.
    (1)-(2) (Reserved).
    (3) Not to exceed 50 scientific and technical positions whose 
duties are performed primarily in the Antarctic. Incumbents of these 
positions may be stationed in the continental United States for periods 
of orientation, training, analysis of data, and report writing.
    (b)-(c) (Reserved).
    (d) Bureau of the Census.
    (1) Managers, supervisors, technicians, clerks, interviewers, and 
enumerators in the field service, for time-limited employment to 
conduct a census.
    (2) Current Program Interviewers employed in the field service.
    (e)-(h) (Reserved).
    (i) Office of the Under Secretary for International Trade.
    (1) Fifteen positions at GS-12 and above in specialized fields 
relating to international trade or commerce in units under the 
jurisdiction of the Under Secretary for International Trade. Incumbents 
will be assigned to advisory rather than to operating duties, except as 
operating and administrative responsibility may be required for the 
conduct of pilot studies or special projects. Employment under this 
authority will not exceed 2 years for an individual appointee.
    (2) (Reserved).
    (3) Not to exceed 15 positions in grades GS-12 through GS-15, to be 
filled by persons qualified as industrial or marketing specialists; who 
possess specialized knowledge and experience in industrial production, 
industrial operations and related problems, market structure and 
trends, retail and wholesale trade practices, distribution channels and 
costs, or business financing and credit procedures applicable to one or 
more of the current segments of U.S. industry served by the Under 
Secretary for International Trade, and the subordinate components of 
his organization which are involved in Domestic Business matters. 
Appointments under this authority may be made for a period of not to 
exceed 2 years and may, with prior approval of OPM, be extended for an 
additional period of 2 years.
    (j) National Oceanic and Atmospheric Administration.
    (1)-(2) (Reserved).
    (3) All civilian positions on vessels operated by the National 
Ocean Service.
    (4) Temporary positions required in connection with the surveying 
operations of the field service of the National Ocean Service. 
Appointment to such positions shall not exceed 8 months in any 1 
calendar year.
    (k) (Reserved).
    (l) National Telecommunication and Information Administration.
    (1) Seventeen professional positions in grades GS-13 through GS-15.

Section 213.3115 Department of Labor

    (a) Office of the Secretary.
    (1) Chairman and five members, Employees' Compensation Appeals 
Board.
    (2) Chairman and eight members, Benefits Review Board.
    (b)-(c) (Reserved).
    (d) Employment and Training Administration.
    (1) Not to exceed 10 positions of Supervisory Manpower Development 
Specialist and Manpower Development Specialist, GS-7/15, in the 
Division of Indian and Native American Programs, when filled by the 
appointment of persons of one-fourth or more Indian blood. These 
positions require direct contact with Indian tribes and communities for 
the development and administration of comprehensive employment and 
training programs.

Section 213.3116 Department of Health and Human Services

    (a) General.
    (1) Intermittent positions, at GS-15 and below and WG-10 and below, 
on teams under the National Disaster Medical System including Disaster 
Medical Assistance Teams and specialty teams, to respond to disasters, 
emergencies, and incidents/events involving medical, mortuary and 
public health needs.
    (b) Public Health Service.
    (1) (Reserved).
    (2) Positions at Government sanatoria when filled by patients 
during treatment or convalescence.
    (3) (Reserved).
    (4) Positions concerned with problems in preventive medicine 
financed or participated in by the Department of Health and Human 
Services and a cooperating State, county, municipality, incorporated 
organization, or an individual in which at least one-half of the 
expense is contributed by the participating agency either in salaries, 
quarters, materials, equipment, or other necessary elements in the 
carrying on of the work.
    (5)-(6) (Reserved).
    (7) Not to exceed 50 positions associated with health screening 
programs for refugees.
    (8) All positions in the Public Health Service and other positions 
in the Department of Health and Human Services directly and primarily 
related to providing services to Indians when filled by the appointment 
of Indians. The Secretary of Health and Human Services is responsible 
for defining the term ``Indian.''
    (9) (Reserved).
    (10) Health care positions of the National Health Service Corps for 
employment of any one individual not to exceed 4 years of service in 
health manpower shortage areas.
    (11)-(14) (Reserved).
    (15) Not to exceed 200 staff positions, GS-15 and below, in the 
Immigration Health Service, for an emergency staff to provide health 
related services to foreign entrants.
    (c)-(e) (Reserved).
    (f) The President's Council on Physical Fitness.
    (1) Four staff assistants.

Section 213.3117 Department of Education

    (a) Positions concerned with problems in education financed and 
participated in by the Department of Education and a cooperating State 
educational agency, or university or college, in which there is joint 
responsibility for selection and supervision of employees, and at least 
one-half of the expense is contributed by the cooperating agency in 
salaries, quarters, materials, equipment, or other necessary elements 
in the carrying on of the work.

[[Page 67869]]

Section 213.3124 Board of Governors, Federal Reserve System

    (a) All positions.

Section 213.3127 Department of Veterans Affairs

    (a) Construction Division.
    (1) Temporary construction workers paid from ``purchase and hire'' 
funds and appointed for not to exceed the duration of a construction 
project.
    (b) Not to exceed 400 positions of rehabilitation counselors, GS-3 
through GS-11, in Alcoholism Treatment Units and Drug Dependence 
Treatment Centers, when filled by former patients.
    (c) Board of Veterans' Appeals.
    (1) Positions, GS-15, when filled by a member of the Board. Except 
as provided by section 201(d) of Public Law 100-687, appointments under 
this authority shall be for a term of 9 years, and may be renewed.
    (2) Positions, GS-15, when filled by a non-member of the Board who 
is awaiting Presidential approval for appointment as a Board member.
    (d) Not to exceed 600 positions at grades GS-3 through GS-11, 
involved in the Department's Vietnam Era Veterans Readjustment 
Counseling Service.

Section 213.3128 Broadcasting Board of Governors

    (a) International Broadcasting Bureau.
    (1) Not to exceed 200 positions at grades GS-15 and below in the 
Office of Cuba Broadcasting. Appointments may not be made under this 
authority to administrative, clerical, and technical support positions.

Section 213.3132 Small Business Administration

    (a) When the President under 42 U.S.C. 1855-1855g, the Secretary of 
Agriculture under 7 U.S.C. 1961, or the Small Business Administration 
under 15 U.S.C. 636(b)(1) declares an area to be a disaster area, 
positions filled by time-limited appointment of employees to make and 
administer disaster loans in the area under the Small Business Act, as 
amended. Service under this authority may not exceed 4 years, and no 
more than 2 years may be spent on a single disaster. Exception to this 
time limit may only be made with prior Office of Personnel Management 
approval. Appointments under this authority may not be used to extend 
the 2-year service limit contained in paragraph (b) below. No one may 
be appointed under this authority to positions engaged in long-term 
maintenance of loan portfolios.
    (b) When the President under 42 U.S.C. 1855-1855g, the Secretary of 
Agriculture under 7 U.S.C. 1961, or the Small Business Administration 
under 15 U.S.C. 636(b)(1) declares an area to be a disaster area, 
positions filled by time-limited appointment of employees to make and 
administer disaster loans in that area under the Small Business Act, as 
amended. No one may serve under this authority for more than an 
aggregate of 2 years without a break in service of at least 6 months. 
Persons who have had more than 2 years of service under paragraph (a) 
of this section must have a break in service of at least 8 months 
following such service before appointment under this authority. No one 
may be appointed under this authority to positions engaged in long-term 
maintenance of loan portfolios.

Section 213.3133 Federal Deposit Insurance Corporation

    (a)-(b) (Reserved).
    (c) Temporary positions located at closed banks or savings and loan 
institutions that are concerned with liquidating the assets of the 
institutions, liquidating loans to the institutions, or paying the 
depositors of closed insured institutions. New appointments may be made 
under this authority only during the 60 days immediately following the 
institution's closing date. Such appointments may not exceed 1 year, 
but may be extended for not to exceed 1 additional year.

Section 213.3136 U.S. Soldiers' and Airmen's Home

    (a) (Reserved).
    (b) Positions when filled by member-residents of the Home.

Section 213.3146 Selective Service System

    (a) State Directors.

Section 213.3148 National Aeronautics and Space Administration

    (a) One hundred and fifty alien scientists having special 
qualifications in the fields of aeronautical and space research where 
such employment is deemed by the Administrator of the National 
Aeronautics and Space Administration to be necessary in the public 
interest.

Section 213.3155 Social Security Administration

    (a) Six positions of Social Insurance Representative in the 
district offices of the Social Security Administration in the State of 
Arizona when filled by the appointment of persons of one-fourth or more 
Indian blood.
    (b) Seven positions of Social Insurance Representative in the 
district offices of the Social Security Administration in the State of 
New Mexico when filled by the appointment of persons of one-fourth or 
more Indian blood.
    (c) Two positions of Social Insurance Representative in the 
district offices of the Social Security Administration in the State of 
Alaska when filled by the appointments of persons of one-fourth or more 
Alaskan Native blood (Eskimos, Indians, or Aleuts).

Section 213.3162 The President's Crime Prevention Council

    (a) Up to 7 positions established in the President's Crime 
Prevention Council office created by the Violent Crime Control and Law 
Enforcement Act of 1994. No new appointments may be made under this 
authority after March 31, 1998.

Section 213.3165 Chemical Safety and Hazard Investigation Board

    (a) (Reserved).
    (b) Seven positions of either Chemical Incident Investigators or 
Chemical Safety Recommendation Specialists, in the Office of 
Investigations and Safety Programs. No new appointments may be made 
under this authority after October 15, 2002, or until the seventh 
person (who was given an offer of employment on September 13, 2002, and 
is waiting a physical examination clearance) is appointed, whichever is 
later.

Section 213.3166 Court Services and Offender Supervision Agency of the 
District of Columbia

    (a) All positions, except for the Director, established to create 
the Court Services and Offender Supervision Agency of the District of 
Columbia. No new appointments may be made under this authority after 
March 31, 2004.

Section 213.3174 Smithsonian Institution

    (a) (Reserved).
    (b) All positions located in Panama which are part of or which 
support the Smithsonian Tropical Research Institute.
    (c) Positions at GS-15 and below in the National Museum of the 
American Indian requiring knowledge of, and experience in, tribal 
customs and culture. Such positions comprise approximately 10 percent 
of the Museum's positions and, generally, do not include secretarial, 
clerical, administrative, or program support positions.

Section 213.3175 Woodrow Wilson International Center for Scholars

    (a) One Asian Studies Program Administrator, one International 
Security Studies Program

[[Page 67870]]

Administrator, one Latin American Program Administrator, one Russian 
Studies Program Administrator, one West European Program Administrator, 
one Environmental Change & Security Studies Program Administrator, one 
United States Studies Program Administrator, two Social Science Program 
Administrators, and one Middle East Studies Program Administrator.

Section 213.3178 Community Development Financial Institutions Fund

    (a) All positions in the Fund and positions created for the purpose 
of establishing the Fund's operations in accordance with the Community 
Development Banking and Financial Institutions Act of 1994, except for 
any positions required by the Act to be filled by competitive 
appointment. No new appointments may be made under this authority after 
September 23, 1998.

Section 213.3180 Utah Reclamation and Conservation Commission

    (a) Executive Director.

Section 213.3182 National Foundation on the Arts and the Humanities

    (a) National Endowment for the Arts.
    (1) Artistic and related positions at grades GS-13 through GS-15 
engaged in the review, evaluation and administration of applications 
and grants supporting the arts, related research and assessment, policy 
and program development, arts education, access programs and advocacy 
or evaluation of critical arts projects and outreach programs. Duties 
require artistic stature, in-depth knowledge of arts disciplines and/or 
artistic-related leadership qualities.

Section 213.3190 African Development Foundation

    (a) One Enterprise Development Fund Manager. Appointment authority 
is limited to four years unless extended by the Office of Personnel 
Management.

Section 213.3191 Office of Personnel Management

    (a)-(c) (Reserved).
    (d) Part-time and intermittent positions of test examiners at 
grades GS-8 and below.

Section 213.3194 Department of Transportation

    (a) U.S. Coast Guard.
    (1) (Reserved).
    (2) Lamplighters.
    (3) Professors, Associate Professors, Assistant Professors, 
Instructors, one Principal Librarian, one Cadet Hostess, and one 
Psychologist (Counseling) at the Coast Guard Academy, New London, 
Connecticut.
    (b)-(d) (Reserved).
    (e) Maritime Administration.
    (1)-(2) (Reserved).
    (3) All positions on Government-owned vessels or those bareboats 
chartered to the Government and operated by or for the Maritime 
Administration.
    (4)-(5) (Reserved).
    (6) U.S. Merchant Marine Academy, positions of: Professors, 
Instructors, and Teachers, including heads of Departments of Physical 
Education and Athletics, Humanities, Mathematics and Science, Maritime 
Law and Economics, Nautical Science, and Engineering; Coordinator of 
Shipboard Training; the Commandant of Midshipmen, the Assistant 
Commandant of Midshipmen; Director of Music; three Battalion Officers; 
three Regimental Affairs Officers; and one Training Administrator.
    (7) U.S. Merchant Marine Academy positions of: Associate Dean; 
Registrar; Director of Admissions; Assistant Director of Admissions; 
Director, Office of External Affairs; Placement Officer; Administrative 
Librarian; Shipboard Training Assistant; three Academy Training 
Representatives; and one Education Program Assistant.

Section 213.3195 Federal Emergency Management Agency

    (a) Field positions at grades GS-15 and below, or equivalent, which 
are engaged in work directly related to unique response efforts to 
environmental emergencies not covered by the Disaster Relief Act of 
1974, Public Law 93-288, as amended. Employment under this authority 
may not exceed 36 months on any single emergency. Persons may not be 
employed under this authority for long-term duties or for work not 
directly necessitated by the emergency response effort.
    (b) Not to exceed 30 positions at grades GS-15 and below in the 
Offices of Executive Administration, General Counsel, Inspector 
General, Comptroller, Public Affairs, Personnel, Acquisition 
Management, and the State and Local Program and Support Directorate 
which are engaged in work directly related to unique response efforts 
to environmental emergencies not covered by the Disaster Relief Act of 
1974, Public Law 93-288, as amended. Employment under this authority 
may not exceed 36 months on any single emergency, or for long-term 
duties or work not directly necessitated by the emergency response 
effort. No one may be reappointed under this authority for service in 
connection with a different emergency unless at least 6 months have 
elapsed since the individual's latest appointment under this authority.
    (c) Not to exceed 350 professional and technical positions at 
grades GS-5 through GS-15, or equivalent, in Mobile Emergency Response 
Support Detachments (MERS).

Section 213.3199 Temporary Organizations

    Positions on the staffs of temporary organizations, as defined in 5 
U.S.C. 3161(a). Appointments may not exceed 3 years, but temporary 
organizations may extend the appointments for 2 additional years if the 
conditions for extension are related to the completion of the study or 
project.

Schedule B

Section 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

* * * * * [The remaining text of provisions pertaining to the Student 
Temporary Employment Program can be found in 5 CFR 213.3202(a).]

    (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.

* * * * * [The remaining text of provisions pertaining to the Student 
Career Experience Program can be found in 5 CFR 213.3202(b).]

    (c)-(i) (Reserved).

[[Page 67871]]

    (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 filled 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 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)(1).
    (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 service and who, in 
accordance with 5 U.S.C. 3304(f) (Pub. L. 105-339), applied for these 
positions under merit promotion procedures when applications were being 
accepted by the agency 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 lo