Appointment and extension

(a) Appointments (1) In general An agency— (A) may, subject to subsection (b), make 2-year appointments to the Program under Schedule D of the excepted service in accordance with part 302 of title 5, Code of Federal Regulations, or any successor regulations; and (B) shall appoint a Fellow using the excepted service appointing authority provided under section 213.3402(c) of title 5, Code of Federal Regulations, or any successor regulation. (2) Eligibility period The Director shall establish an eligibility period during which agencies may appoint Fellow finalists. (b) Extensions In accordance with criteria established by an agency, the agency may extend the term of a Fellow for not more than 120 days to cover a rare or unusual circumstance. (c) Grade An agency may appoint a Fellow at the GS–09, GS–11, or GS–12 level (or any equivalent under a pay and classification system other than the General Schedule, such as the Federal Wage System) depending on the qualifications of the Fellow. (d) Trial period The duration of the appointment of a Fellow in the excepted service shall be considered to be a trial period, but not a probationary period. (e) Work schedules (1) In general Subject to the other provisions of this subsection, a Fellow shall have a full-time work schedule. (2) Part-time schedules (A) In general A Fellow may request a part-time work schedule for a limited period of not more than 180 days, which the agency may approve if— (i) the agency and the Fellow have determined that such approval would not negatively impact the ability of the Fellow to meet all Program requirements by the end of the appointment of the Fellow; and (ii) the agency includes an approval of a specific time period during which the part-time work schedule applies that the agency determines to be appropriate. (B) Updating of agreement The Program agreement of a Fellow shall be updated with the new work schedule of the Fellow upon the approval of any part-time schedule under subparagraph (A). (C) Rule of construction Nothing in this paragraph may be construed to entitle a Fellow to the approval of a request for a part-time work schedule. (f) Relationship to direct-Hire authority Notwithstanding any provision of section 3115 or 3116 of title 5, United States Code, an appointment by an agency under the Program shall be considered to be an appointment made using the authority provided to the agency under the applicable section.