[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Pages 3193-3195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1419]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 14 / Wednesday, January 22, 1997 / 
Rules and Regulations  

[[Page 3193]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 362 and 315

RIN 3206-AH53


Presidential Management Intern Program

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations for the Presidential Management Intern (PMI) Program. Part 
362 is amended to clarify nomination, selection, and employment 
procedures, to modify the career development portion of the Program, 
and to make editorial changes. We are amending part 315 to clarify that 
PMI's do not serve probation when converted to career or career-
conditional appointments.

DATES: Effective date: January 22, 1997. Written comments will be 
considered if received on or before March 24, 1997.

ADDRESSES: Send or deliver written comments to Joseph Stix, Director, 
Philadelphia Service Center, U.S. Office of Personnel Management, 
Federal Building, Room 3400, 600 Arch Street, Philadelphia, PA 19106.

FOR FURTHER INFORMATION CONTACT:
 Joseph A. McMaster, Jr. 215-597-7136 or Kathleen Keeney, 215-597-1920, 
FAX 215-597-8136.

SUPPLEMENTARY INFORMATION: To revitalize the PMI Program, the 
President's Management Council requested that OPM and the Human 
Resources Development Council (an interagency group of training 
officials) analyze the PMI Program and meet with agencies that use the 
Program. Their recommendations were adopted by the President's 
Management Council. The goals are to encourage maximum use of the PMI 
Program as authorized in Executive Order 12645 (July 12, 1988) and to 
assure uniformity in Program operations. The recommendations are 
incorporated into these regulations.
    The clarification of part 315 reflects longstanding policy that 
PMI's do not serve a probationary period when they are converted to 
career or career-conditional because the 2-year intern program serves 
the same purpose as a probation.
    Originally, interim regulations on the PMI Program were issued in 
March 1995. No final regulations were issued. Because of program 
changes needed to implement the President's Management Council 
recommendations, we are again issuing interim regulations for comment.
    Under section 553(b)(3)(B) of title 5 of the United States Code, 
the Director finds that good cause exists for waiving the general 
notice of proposed rulemaking. The notice is being waived because the 
current PMI applicants have already started the evaluation process for 
final selection. A delay would result in the postponement of job offers 
and loss to the Federal Government of the most highly qualified 
participants in the program.

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 Federal employees.

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 315 and 362

    Administrative practice and procedure, Government employees.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending part 315 and part 362 of title 5, Code 
of Federal Regulations, as follows:

PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT

    1. The authority citation for part 315 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., page 218, unless otherwise noted.

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. 315.710 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.

    2. Section 315.708 is revised to read as follows:


Sec. 315.708  Conversion based on service as a Presidential Management 
Intern.

    (a) Agency authority. An agency may convert noncompetitively to 
career or career-conditional employment, a Presidential Management 
Intern who:
    (1) Has satisfactorily completed a 2-year Presidential Management 
Internship, under Sec. 213.3102(ii) of this chapter, at the time of 
conversion;
    (2) Is recommended for conversion within 90 calendar days before 
completion of the Internship; and
    (3) Meets the citizenship requirement.
    (b) Tenure on conversion. (1) Except as provided in paragraph 
(b)(2) of this section, a person appointed under paragraph (a) of this 
section becomes a career-conditional employee.
    (2) A person appointed under paragraph (a) of this section becomes 
a career employee when he or she has completed the service requirement 
for career tenure or is excepted from it under Sec. 315.201(c) of this 
chapter.
    (c) Acquisition of competitive status. A person converted to career 
or career conditional employment under this section does not serve 
probation and acquires competitive status immediately upon conversion.
    3. Part 362 is revised to read as follows:

[[Page 3194]]

PART 362--PRESIDENTIAL MANAGEMENT INTERN PROGRAM

Subpart A--Purpose and Definitions

Sec.
362.101  Purpose.
362.102  Definitions.

Subpart B--Program Administration

362.201  Nomination and selection.
362.202  Appointment and extentions.
362.203  Conversion to competitive service.
362.204  Resignation, termination, and reduction in force.
362.205  Movement of interns between departments or agencies.
362.206  Career development.

    Authority: E.O. 12364, of May 24, 1982, 3 CFR, 1982 Comp., p. 
185.

Subpart A--Purpose and Definitions


Sec. 362.101  Purpose.

    The Presidential Management Intern (PMI) Program is designed to 
attract to Federal service outstanding men and women from a wide 
variety of academic disciplines who have a clear interest in, and 
commitment to, a career in the analysis and management of public 
policies and programs.


Sec. 362.102  Definitions.

    (a) A Presidential Management Intern is appointed in the excepted 
service under Sec. 213.3102(ii) of this chapter, in an executive agency 
or department. The individual must have completed a graduate course of 
study at a qualifying college or university, received the nomination of 
the dean or academic program director, successfully completed an OPM-
administered assessment process, and been selected and appointed by an 
agency for a 2-year Presidential Management Internship.
    (b) A qualifying college or university is an academic institution 
formally accredited by an accrediting organization recognized by the 
Secretary of the U.S. Department of Education (34 CFR part 602).

Subpart B--Program Administration


Sec. 362.201  Nomination and selection.

    (a) Eligibility. Individuals eligible to be nominated for the 
Program are graduate students from a variety of academic disciplines 
completing or expecting to complete, during the current academic year, 
an advanced degree from a qualifying college or university. These 
individuals must demonstrate an exceptional ability, a clear interest 
in, and a commitment to a career in the analysis and management of 
public policies and programs.
    (b) Nomination procedure. (1) The college or university making 
nominations for the Program shall establish a competitive nomination 
process to ensure that all eligible students are aware of the PMI 
Program and how to apply for nomination. The process will also ensure 
that applicants receive careful and thorough review, and that all 
receive equal opportunity for nomination.
    (2) Students must be nominated by the dean, chairperson, or 
academic program director.
    (3) Students who apply to be nominated must be rated qualified or 
not qualified for nomination. Nominations are made by school officials 
through completion of the PMI application form.
    (4) Students eligible for veterans' preference who apply for 
nomination and are found qualified must be nominated. Based on the 
documentation provided by the student, the college or university must 
determine preliminary eligibility for veterans' preference. Students 
eligible for veterans' preference who believe they met the college or 
university's nomination qualification requirements, but were not 
nominated, may request a review by the OPM PMI Program office.
    (c) Selection. Selection of Program finalists will be based on an 
OPM evaluation of the PMI application and a structured assessment 
center process. Veterans' preference will be adjudicated by OPM.


Sec. 362.202  Appointment and extensions.

    (a) Appointing Authority. The appointment authority for 
Presidential Management Interns is 5 CFR 213.3102(ii). Appointments 
cannot exceed 2 years unless extended for up to 1 additional year by 
the agency with the approval of OPM under Sec. 362.202(b).
    (b) Completion of degree requirements. Agencies must assure that 
all graduate degree requirements have been met at the time of 
appointment. Interns may not be appointed prior to the completion of 
all graduate degree requirements. Exceptions may be made on an 
individual basis, but in no case will an intern be allowed to remain in 
the program if all degree requirements are not completed by August 31 
of the year in which the intern was selected as a finalist.
    (c) Time period. Agencies may appoint individuals with formal 
notification of their selection as PMI finalists no later than December 
31 of the year in which they were selected as finalists. Exceptions may 
be granted on a case-by-case basis upon request of the agency to the 
OPM PMI Program office no later than December 15 of the year in which 
the interns were finalists.
    (d) Grade and pay. Initial appointments must be made at the grade 
9, step 1 level of the General Schedule. If an intern has had prior 
higher level Federal Government service, the individual may be placed 
at a higher step within the GS-9 rate consistent with the maximum 
payable rate rules under 5 CFR 531.203(c). Promotion to the GS-11 level 
may occur after satisfactory completion of 1 year of continuous 
service. Under 5 CFR 213.3102(ii), intern positions are authorized only 
at the GS-9 and GS-11 levels. Therefore, the agency has the option of 
promoting an intern to the GS-12 level on or after the date of 
conversion to the competitive service.
    (e) Citizenship. Interns do not need to be United States citizens 
during their internship. However, if a noncitizen intern is hired, the 
agency must make sure that:
    (1) The intern is lawfully admitted to the United States as a 
permanent resident or otherwise is authorized to be employed by the 
U.S. Immigration and Naturalization Service;
    (2) The agency is authorized to pay the noncitizen under the annual 
appropriations act ban or any agency-specific enabling appropriation 
statute; and
    (3) The intern acquires United States citizenship prior to 
conversion under 5 CFR 315.708.
    (f) Extensions. Agencies must request, in writing, OPM approval to 
extend an internship for up to 1 additional year beyond the authorized 
2 years in order to provide the intern with additional training and 
developmental activities. The request should be submitted no later than 
60 days prior to the end of the initial 2-year period.


Sec. 362.203  Conversion to competitive service.

    (a) In accordance with 5 CFR 315.708, employees who are United 
States citizens and have successfully completed Presidential Management 
Internships may be converted noncompetitively to career or career-
conditional appointments in positions for which they are qualified.
    (b) Conversions will be effective on the date the 2-year service 
requirement is met, unless the internship is extended by the agency, 
with approval of OPM, for up to one additional year.
    (c) Agencies must inform the OPM PMI Program office when an 
individual will not be converted.


Sec. 362.204  Resignation, termination, and reduction in force.

    (a) Resignation. An employee who resigns during the internship does 
not

[[Page 3195]]

have reinstatement eligibility for competitive service positions and 
cannot be re-interned to the PMI Program.
    (b) Termination. The appointment of a Presidential Management 
Intern expires at the end of the 2-year internship period. At that 
time, the employing agency may, with no break in service, convert the 
intern to a career or career-conditional appointment in accordance with 
5 CFR 315.708, or extend the internship in accordance with 
Sec. 362.202(b). If neither action is taken, the PMI appointment 
terminates.
    (c) Reduction in Force. Presidential Management Interns are in the 
excepted service Tenure Group II for purposes of Sec. 351.502 of this 
chapter.


Sec. 362.205  Movement of interns between departments or agencies.

    To move from one agency to another during the internship, the 
intern must separate from the current agency and be reappointed under 
PMI appointment by the new employing agency without a break in service. 
The intern does not begin a new 2-year internship period; the time 
previously served under the PMI Program counts toward the completion of 
the 2-year period. The new employing agency must notify the OPM PMI 
Program office of the action.


Sec. 362.206  Career development.

    (a) OPM responsibilities. OPM will:
    (1) Provide orientation and graduation programs for each intern 
class; and
    (2) Serve as a clearinghouse of available training opportunities.
    (b) Agency responsibilities. Each agency will:
    (1) Work with the intern to develop a written outline of core 
competencies and technical skills (called an individual development 
plan) the intern must gain before conversion to a target position;
    (2) Provide at least 80 hours of formal training a year, including 
training in core competencies targeted to a functional area into which 
the intern will most likely be converted; and
    (3) Provide at least one rotational assignment to another 
functional area, made at the discretion of the agency.

[FR Doc. 97-1419 Filed 1-21-97; 8:45 am]
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