U.S. Department of Justice
Washington, D.C. 20530
July 19, 2000
MEMORANDUM FOR BUREAU PERSONNEL OFFICERS
FROM: Joanne W. SimmsSUBJECT: New Excepted Service Appointing Authority for Persons with Psychiatric Disabilities
Attached are final regulations which create a new excepted service appointing authority, with noncompetitive conversion to the competitive service, for persons with psychiatric disabilities. The regulation implements the provisions of Executive Order 13124, dated June 4, 1999, which authorized persons with psychiatric disabilities to be converted to the competitive service after two years of satisfactory service.
Effective August 7, 2000, agencies may make appointments of persons with psychiatric disabilities under 5 CFR 213.3102(gg). The new authority will abolish two existing appointing authorities for persons with psychiatric disabilities, i.e., 5 CFR 213.3102(h) and 213.3202(k). Any individuals serving under these authorities must be converted to the new appointing authority by January 3, 2001. Service under these appointments will count toward the two-year period for noncompetitive conversion. Please ensure that necessary steps are taken to identify and convert any affected employees within your organization by the required time frame.
On the effective date of the new regulation, agencies may use 5 CFR 213.3102(i)(3) to make temporary appointments of persons with psychiatric disabilities. Temporary appointments are defined for the excepted service in 5 CFR 213.104(a)(1). Individuals appointed under the new authority of 5 CFR 213.3102(gg) may be noncompetitively converted to competitive status upon completion of two years of satisfactory performance. Such conversion is at the discretion of the agency and not a right of the individual.
Questions regarding the new excepted appointing authority may be referred to Jolliette Spencer or Robert Seymour, of my staff's Policy Group, on (202) 514-6778.