[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Proposed Rules]
[Pages 3526-3533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1589]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 16 / Monday, January 26, 2004 / 
Proposed Rules  

[[Page 3526]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213, 297, 315, 334, 362, 537, and 550

RIN 3206-AK27


Excepted Service, Privacy Procedures for Personnel Records, 
Career and Career-Conditional Employment, Temporary Assignment of 
Employees Between Federal Agencies and State, Local, and Indian Tribal 
Governments, Institutions of Higher Education, and Other Eligible 
Organizations, Presidential Management Fellows Program, Repayment of 
Student Loans, and Pay Administration (General)

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations modifying the Presidential Management Intern (PMI) Program. 
The regulations implement Executive Order 13318, which renames the PMI 
Program as the Presidential Management Fellows Program, with two 
components: Presidential Management Fellows (Fellows) and Senior 
Presidential Management Fellows (Senior Fellows). The regulations 
outline OPM and agency responsibilities with respect to administration 
of the Program, and amend other regulations to reflect the changes 
prescribed by the Executive Order.

DATES: Comments must be received by March 26, 2004.

ADDRESSES: Send, fax, or deliver written comments to Ms. Leah M. 
Meisel, Deputy Associate Director, Center for Talent and Capacity 
Policy, U.S. Office of Personnel Management, 1900 E Street, NW., Room 
6500, Washington, DC 20415, e-mail [email protected], FAX: 202-606-2329.

FOR FURTHER INFORMATION CONTACT: Ms. Christina Vay by phone on 202-606-
0960, by FAX on (202) 606-2329, or by TTY on (202) 418-3134.

SUPPLEMENTARY INFORMATION: The Presidential Management Intern (PMI) 
Program was established by Executive Order in 1977 to attract highly 
qualified persons with graduate degrees from a variety of academic 
disciplines who demonstrated an interest in, and commitment to, 
leadership in the Federal service. PMI candidates were nominated by 
their graduate schools, and, after a rigorous assessment process 
conducted by OPM, the best qualified finalists were identified as 
eligible for excepted appointments by Federal departments and agencies. 
Following successful completion of a 2-year internship that included 
formal training and rotational assignments, PMIs could be appointed 
without further competition to positions in the competitive service.
    Recently the President signed Executive Order 13318 ``modernizing'' 
the PMI Program, in keeping with his emphasis on the strategic 
management of the Federal Government's human capital. Renamed the 
Presidential Management Fellows Program to better reflect its high 
standards, rigor, and prestige, it now consists of two components: 
Presidential Management Fellows (generally comparable to Presidential 
Management Interns and hereafter referred to as Fellows), and the new 
Senior Presidential Management Fellows (hereafter referred to as Senior 
Fellows). The Executive Order charges the Director of OPM with 
developing, managing, and evaluating the Program.

Renaming the Program

    As noted above, the PMI Program's modernization includes a change 
in its name. Over the years, the term ``intern'' has been applied to 
numerous Federal employment programs that cover all levels and types of 
employees and appointments, including part-time high school and college 
students and recent college graduates, as well as PMIs. Some of these 
programs are designed to lead to a career in the Federal service and 
others are not. While these programs have been very successful, they do 
not reflect the degree of rigor and academic achievement required of 
the original PMI Program. Accordingly, to clearly distinguish what is 
now (and will continue to be) the Federal Government's premier 
leadership development program, the President has re-designated it as 
the Presidential Management Fellows Program. To reflect the name 
change, we are making conforming amendments to Title 5, Code of Federal 
Regulations, part 297 (Privacy Procedures for Personnel Records), part 
334 (Temporary Assignment of Employees Between Federal Agencies and 
State, Local, and Indian Tribal Governments, Institutions of Higher 
Education, and Other Eligible Organizations), part 537 (Repayment of 
Student Loans), and part 550 (Pay Administration (General)).

Introducing New Senior Fellows

    As noted, the Executive order also introduces a new component of 
the Program: Senior Fellows. Designed to complement Presidential 
Management Fellows, Senior Fellow appointments are reserved for those 
outstanding individuals who also have a demonstrated commitment to 
Federal service, but who already possess outstanding leadership, 
managerial, and/or professional/technical experience. The proposed 
regulations will allow OPM to recruit these highly talented individuals 
from within and outside Government; evaluate and appoint them at a more 
senior level; and, after a period of intensive OPM and agency 
development that will prepare them for senior executive or senior level 
technical/professional responsibilities, deploy them to meet critical 
agency leadership succession requirements.
    To this end, the Executive order authorizes all agencies in the 
executive branch to appoint Senior Fellows, and the proposed 
regulations authorize appointment at grade GS-13, GS-14, or GS-15 (or 
their equivalents), depending on the candidate's qualifications. The 
proposed regulations also set forth rigorous assessment, appointment, 
training, development, evaluation, promotion, conversion, and placement 
requirements for Senior Fellows. These requirements are as arduous as 
those established for Fellows (described below). In this regard, the 
proposed regulations authorize OPM to conduct a rigorous centralized 
announcement and assessment process, with Senior Fellow finalists 
determined by the OPM Director based on the recommendations of a review 
committee appointed by the Director. Upon selection, Senior Fellow 
finalists may be appointed by agencies

[[Page 3527]]

under a new Schedule A excepted appointing authority designated as 5 
CFR 213.3102(jj); if the appointing agencies' positions are excepted 
from the competitive service, the agencies appoint the Senior Fellows 
under an appropriate, similar agency hiring authority.
    The proposed regulations include mandatory training and 
developmental assignments for Senior Fellows designed to prepare them 
for senior positions in the career Federal service and require periodic 
performance evaluations to ensure that the Senior Fellows are meeting 
the Program's high expectations in this regard. The proposed 
regulations also require that an agency's Executive Resources Board 
(ERB) certify that Senior Fellows have successfully met all Program 
requirements; upon such certification, Senior Fellows become eligible 
for non-competitive placement in career Senior Executive Service (SES) 
or equivalent positions in the same manner and subject to the same 
Qualifications Review Board review as graduates of an OPM-approved SES 
candidate development program (CDP).

Determining the Number of Fellows and Senior Fellows

    In addition to the change in the Program's name, the President's 
Executive order also eliminates previous limits on the number of 
Fellows that agencies may appoint in any given year. Although the 
Executive order is silent as to the number of Senior Fellow 
appointments, the proposed regulations would authorize the Director of 
OPM to determine the number of Fellow and Senior Fellow appointments to 
the Program each year, based on recommendations from the new Chief 
Human Capital Officers Council, as well as input from other agencies. 
This approach will ensure maximum flexibility without diluting the 
extensive selection requirements.

Expanding the Program to Excepted Service Agencies

    The Executive order expands the Program to permit agencies with 
positions that are excepted from the competitive service to appoint 
Fellows and Senior Fellows. This provision will allow those agencies to 
fully participate in this prestigious Program and provide greater 
opportunities to Fellow and Senior Fellow candidates. As explained 
below, those Fellows and Senior Fellows who are appointed to positions 
in excepted service agencies may also be appointed without further 
competition to permanent positions for which they qualify in the 
competitive service, upon their successful completion of the Program.

Providing Greater Flexibility in Entry Level

    The proposed regulations permit agencies to appoint Fellows at 
grades up to GS-12 (or its equivalent), depending on the candidate's 
qualifications, as described below. They also provide for the 
appointment of Senior Fellows at grades GS-13 through GS-15 (or their 
equivalents), depending on the candidate's qualifications. An 
increasing number of Program candidates have extensive professional and 
post-graduate academic qualifications, as well as substantial prior 
work experience, often in very senior positions. Accordingly, the 
proposed regulations authorize agencies to appoint Fellows and Senior 
Fellows at higher entry grades.
    Moreover, to ensure that the Federal Government can compete on an 
individual basis for the very best candidates, agencies may continue to 
use the range of recruiting incentives ordinarily available to agencies 
in other contexts, including the use of student loan repayments under 5 
CFR part 537 and other incentives such as superior qualifications 
appointments under 5 CFR 531.203(b).

Establishing Rigorous Training and Development Requirements

    The proposed regulations establish rigorous training and 
development requirements for Fellows and Senior Fellows, including 
rotational and/or developmental assignments of varying duration and at 
least 80 hours each year of formal classroom training. As was the case 
before with the previous PMI Program, OPM will continue to serve as a 
clearinghouse by identifying and disseminating appropriate training 
opportunities to program participants.
    Agencies are required to work closely with OPM to provide Senior 
Fellows with training and development activities. In addition, Senior 
Fellows must complete the 80 hours of formal classroom training 
provided through an OPM-approved SES CDP; the OPM Director or designate 
may approve an exception for formal classroom training to be provided 
by a source other than the CDP.

Eliminating Time-in-Grade Requirements for Promotion

    As part of the effort to modernize the Program, the proposed 
regulations give agencies the flexibility to promote Fellows and Senior 
Fellows without regard to time-in-grade (TIG) requirements established 
by 5 CFR part 300. Even though OPM does not require TIG for other 
excepted service appointments, these requirements were imposed on PMI 
Program participants. Thus, agencies were not permitted to consider 
PMIs for ``career ladder'' and competitive promotions to higher grades 
for at least 52 weeks, even though the PMIs might have already 
demonstrated the ability to perform (and excel) at that higher grade.
    Under the proposed regulations, agencies would be required to 
establish promotion policies for Fellows and Senior Fellows; in 
addition, both Fellows and Senior Fellows would still have to meet 
qualification requirements for promotion. Note that the proposed 
regulations would limit the promotion of a Fellow to a grade no higher 
than GS-13 or its equivalent while in the Program; a Senior Fellow 
would be limited to GS-15 or its equivalent while in the Program.

Assuring Conversion to Competitive Status

    The proposed regulations require that Fellows and Senior Fellows 
must be certified by the agency's ERB before being appointed, because 
of the Board's succession planning and leadership development 
responsibilities. If the ERB does not certify a Fellow or Senior 
Fellow, the Fellow or Senior Fellow may request reconsideration of that 
determination by OPM. OPM will normally respond within 60 days of 
receipt of the request.
    After certification, an agency shall appoint a Fellow or Senior 
Fellow to a full-time, permanent position in the agency upon successful 
completion of the Program. If the agency is in the competitive service, 
the Fellow or Senior Fellow is appointed to a full-time, permanent 
position in the competitive service without further competition. If the 
agency is in the excepted service, the Fellow or Senior Fellow is 
appointed to a full-time, permanent position in that agency under an 
appropriate authority. However, in order to facilitate the mobility of 
Program graduates between the excepted and the competitive services, 
the proposed regulations provide that a Fellow or Senior Fellow who is 
initially appointed to a full-time, permanent position in an excepted 
service agency upon completion of the Program may, at a later date, be 
appointed to a position in the competitive or, in the case of a Senior 
Fellow, to the executive service without further competition. This 
flexibility may be utilized on a one time only basis, but does not have 
a time limitation.

[[Page 3528]]

Simplifying Language

    As part of OPM's on-going efforts to simplify our regulations, the 
proposed regulations revise part 362 to make it easier to read and 
understand, and rename it the Presidential Management Fellows 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 potential applicants and 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 213, 297, 315, 334, 362, 537, and 
550

    Administrative practice and procedure, Claims, Colleges and 
Universities, Government employees, Indians, Intergovernmental 
relations, Privacy, Reporting and recordkeeping requirements, Wages.

    Office of Personnel Management.
Kay Coles James,
Director.
    Accordingly, OPM proposes to amend 5 CFR parts 213, 297, 315, 334, 
362, 537, and 550 as follows:

PART 213--EXCEPTED SERVICE

    1. Revise the authority citation for part 213 to read as follows:

    Authority: 5 U.S.C. 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; 38 U.S.C. 4301 et seq.; Pub. L. 105-339, 112 STAT 
3182-83; and E.O. 13162.

    2. Revise paragraph (ii) of Sec. 213.3102 and add paragraph (jj) to 
read as follows:


Sec. 213.3102  Entire executive civil service.

* * * * *
    (ii) Positions of Fellows in the Presidential Management Fellows 
Program. Initial appointments of Fellows are made at either the GS-9, 
GS-11, or GS-12 level (or their equivalents), depending on the 
candidate's qualifications. Appointments are made under this authority 
for 2 years; however, upon approval of OPM, the head of the department, 
agency, or component within the Executive Office of the President may 
extend the appointment for up to one additional year. Upon the Fellow's 
satisfactory completion of the Program, the employing agency shall 
noncompetitively appoint the Fellow to a full-time, permanent position 
in the competitive service, or in the excepted service if the employing 
agency's position is excepted from the competitive service, in 
accordance with the provisions of Executive Order 13318 and the 
requirements prescribed in Sec. 315.708 and part 362 of this chapter. A 
Fellow appointed to a position in the excepted service upon successful 
completion of the Program may be appointed immediately after completion 
of the Program or at a later date, without further competition and only 
one time, if selected for a full-time, permanent position in the 
competitive service by an agency, in accordance with the provisions of 
Executive Order 13318 and the requirements prescribed in Sec. 315.708 
and part 362 of this chapter.
    (jj) Positions of Senior Fellows in the Presidential Management 
Fellows Program. Initial appointments are made at the GS-13, GS-14, or 
GS-15 level (or their equivalents), depending on the candidate's 
qualifications. Appointments may be made under this authority for up to 
2 years; however, upon approval of OPM, the head of the department, 
agency, or component within the Executive Office of the President may 
extend the Senior Fellow's appointment for up to one additional year. 
Upon the Senior Fellow's satisfactory completion of the Program, the 
employing agency shall non-competitively appoint the Senior Fellow to a 
full-time, permanent position in the competitive service, or in the 
excepted service if the employing agency's position is excepted from 
the competitive service, in accordance with the provisions of Executive 
Order 13318 and the requirements prescribed in Sec. 315.708 and part 
362 of this chapter. A Senior Fellow appointed to a position in an 
excepted service agency upon successful completion of the Program may 
be appointed immediately after completion of the Program or at a later 
date, without further competition and only one time, if selected for a 
full-time, permanent position in the competitive service by an agency, 
in accordance with the provisions of Executive Order 13318 and the 
requirements prescribed in Sec. 315.708 and part 362 of this chapter. 
If a Senior Fellow successfully completes the Program, as certified by 
the appointing agency's Executive Resources Board (pursuant to Sec. 
362.204(c) of this chapter), he/she may be appointed to a position in 
the Senior Executive Service (SES) (or the equivalent) without further 
competition and only one time, in the same manner, and subject to the 
same Qualifications Review Board review, as an individual who has 
successfully completed an OPM-approved SES candidate development 
program under parts 317 and 412 of this chapter.
* * * * *

PART 297--PRIVACY PROCEDURES FOR PERSONNEL RECORDS

    3. The authority citation for part 297 continues to read as 
follows:

    Authority: Sec. 3, Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 
552a).

Subpart E--Exempt Records

    4. Revise paragraph (b)(6) of Sec. 297.501 to read as follows:


Sec. 297.501  Exemptions.

* * * * *
    (b) * * *
    (6) Presidential Management Fellows Program Records (OPM/CENTRAL-
11). All information in these records that meets the criteria stated in 
5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 
552a(d), relating to access to and amendment of records by the data 
subject. This exemption is claimed because portions of this system 
relate to testing or examining materials used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service and access to or amendment of this information by the data 
subject would compromise the objectivity and fairness of the testing or 
examining process.
* * * * *

PART 315--CAREER OR CAREER-CONDITIONAL EMPLOYMENT

    5. Revise the authority citation for part 315 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.

[[Page 3529]]

Subpart B--The Career-Conditional Employment System

    6. Revise paragraph (b)(1)(xiii) of Sec. 315.201 to read as 
follows:


Sec. 315.201  Service requirement for career tenure.

* * * * *
    (b) * * *
    (1) * * *
    (xiii) The date of appointment as a participant in the Presidential 
Management Fellows Program under Schedule A, Sec. 213.3102(ii) and (jj) 
of this chapter, provided the employee's appointment is converted to 
career or career-conditional appointment under Sec. 315.708;
* * * * *

Subpart G--Conversion to Career or Career-Conditional Employment 
From Other Types of Employment

    7. Revise Sec. 315.708 to read as follows:


Sec. 315.708  Conversion based on service as a Fellow or Senior Fellow 
in the Presidential Management Fellows Program.

    (a) Agency authority. An agency shall appoint a Fellow or Senior 
Fellow to a full-time, permanent position in the competitive or 
excepted service, as applicable, without further competition when the 
Fellow or Senior Fellow:
    (1) Has satisfactorily completed the Program as outlined in part 
362 of this chapter; and
    (2) Meets the citizenship requirement.
    (b) Tenure upon conversion. (1) Except as provided in paragraph 
(b)(2) of this section, a Fellow or Senior Fellow appointed under 
paragraph (a) of this section becomes a career-conditional employee.
    (2) A Fellow or Senior Fellow 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).
    (c) Career Status. A Fellow or Senior Fellow appointed to a full-
time, permanent position in the competitive service under this section 
does not serve a probationary period and acquires career or career-
conditional status immediately upon appointment to the competitive 
service.

PART 334--TEMPORARY ASSIGNMENT OF EMPLOYEES BETWEEN FEDERAL 
AGENCIES AND STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS, 
INSTITUTIONS OF HIGHER EDUCATION, AND OTHER ELIGIBLE ORGANIZATIONS

    8. The authority citation for part 334 continues to read as 
follows:

    Authority: 5 U.S.C. 3376; E.O. 11589, 3 CFR 557 (1971-1975).

    9. Revise the definition of Employee in Sec. 334.102 to read as 
follows:
* * * * *
    Employee means an individual serving in a Federal agency under a 
career or career-conditional appointment including career appointees in 
the Senior Executive Service, individuals under appointments of 
equivalent tenure in excepted service positions, and Fellows and Senior 
Fellows in the Presidential Management Fellows Program; or an 
individual employed for at least 90 days in a career position with a 
State, local, or Indian tribal government, institution of higher 
education, or other eligible organization;
* * * * *
    10. Revise part 362 to read as follows:

PART 362--PRESIDENTIAL MANAGEMENT FELLOWS PROGRAM

Subpart A--Definitions
Sec.
362.101 Definitions.
Subpart B--Program Administration
362.201 Agency programs.
362.202 Announcement, nomination and selection.
362.203 Appointment and extensions.
362.204 Development, evaluation, promotion, and certification.
362.205 Waiver.
362.206 Movement between departments or agencies.
362.207 Withdrawal and readmission.
362.208 Resignation, termination, reduction in force, and appeal 
rights.
362.209 Placement upon completion.

    Authority: E.O. 13318.

Subpart A--Definitions


Sec. 362.101  Definitions.

    For purposes of this part,
    (a) An agency means a component within the Executive Office of the 
President, or an Executive department, Government corporation, or 
independent establishment as defined in 5 U.S.C. 101, 103, and 104, 
respectively.
    (b) An Executive Resources Board (ERB) has the same meaning as 
specified in Sec. 317.501(a) of this chapter.
    (c) A Presidential Management Fellow or Fellow is an individual 
appointed, at the GS-9, GS-11, or GS-12 level (or equivalent), in the 
excepted service under Sec. 213.3102(ii) of this chapter, or under an 
appropriate agency hiring authority if the agency's position is in the 
excepted service (referred to in this part as an excepted service 
agency). The individual must have completed a graduate course of study 
at a qualifying college or university, received the nomination of the 
dean or academic director, successfully completed an Office of 
Personnel Management (OPM) administered assessment process, been 
selected as a finalist, and been appointed by an agency as a 
Presidential Management Fellow.
    (d) A Qualifications Review Board (QRB) has the same meaning as 
specified in Sec. 317.502(a) of this chapter.
    (e) A qualifying college or university is an academic institution 
formally accredited by an organization that accredits colleges and 
universities and that is recognized by the Secretary of the U.S. 
Department of Education (34 CFR part 602).
    (f) A Senior Presidential Management Fellow or Senior Fellow is an 
individual appointed, at the GS-13, GS-14, or GS-15 level (or 
equivalent), in the excepted service under Sec. 213.3102(jj) of this 
chapter, or other appropriate agency hiring authority if the agency's 
position is in the excepted service (referred to in this part as an 
excepted service agency). The individual must have completed a graduate 
course of study at a qualifying college or university; have an 
outstanding record of achievement in an applicable leadership, policy, 
managerial, professional, or technical position or area; have 
successfully completed an OPM-administered assessment process; been 
selected as a finalist by the OPM Director; and been appointed by an 
agency as a Senior Fellow. The candidate may request a waiver from the 
OPM Director on the requirement for completing a graduate course of 
study.

Subpart B--Program Administration


Sec. 362.201  Agency programs.

    (a) Annually, on or about October 1 of each year, OPM will 
determine the total number of Fellows or Senior Fellows that may be 
appointed during that fiscal year (FY). That determination shall be 
based on input from the Chief Human Capital Officers Council, as well 
as input from agencies not represented on the Council.
    (b) Thereafter, subject to the provisions and requirements of this 
chapter, an agency may appoint individuals selected by the OPM Director 
as Fellows and/or Senior Fellows according to its short-, medium-, and 
long-term senior leadership and related (senior policy, professional, 
technical, and equivalent) recruitment, development, and succession 
requirements, as set forth in 5 U.S.C. 1103(c)(2)(C).

[[Page 3530]]

Sec. 362.202  Announcement, nomination and selection.

    (a) At least once each year, OPM shall announce the availability of 
Fellow and Senior Fellow appointments and conduct a competition for 
those finalist selections as set forth below.
    (b) Fellows. (1) Graduate students from all academic disciplines 
who complete or expect to complete, by August 31 of the academic year, 
an advanced degree from a qualifying college or university are eligible 
to become Fellows. These individuals must demonstrate an exceptional 
ability for, as well as a clear interest in and commitment to, 
leadership in the analysis and management of public policies and 
programs.
    (2) For an individual to apply to become a Fellow:
    (i) His/her school must first establish a competitive nomination 
process to ensure that all eligible graduate students are aware of the 
Presidential Management Fellows Program and know how to apply for 
nomination. The school must establish procedures to ensure that each 
candidate receives careful and thorough review and receives equal 
opportunity for nomination.
    (ii) He/she must compete in the school's nomination process.
    (iii) His/her school must rate those who want to be considered for 
nomination either qualified or not qualified. The school shall 
determine preliminary eligibility for veterans' preference, and must 
nominate any student who is eligible for veterans' preference and is 
found qualified for nomination. Students eligible for veterans' 
preference who believe they met the school's nomination qualification 
requirements, but were not nominated, may obtain a review by OPM by 
requesting it in writing.
    (iv) He/she must be officially nominated by the dean, chairperson, 
or academic program director using an OPM-provided application form.
    (3) OPM will select Fellow finalists based on an OPM evaluation of 
each candidate's experience and accomplishments as provided by the 
application via the application process and the results of a rigorous 
structured assessment process.
    (4) OPM will notify individual candidates of their selection as a 
Fellow finalist. OPM will send all participating agencies the list of 
Fellows finalists for consideration. Agencies may select and appoint a 
finalist as a Fellow, subject to the application of veterans' 
preference requirements.
    (c) Senior Fellows. (1) Any individual with an exceptional record 
of experience and achievement in a leadership (supervisory or 
managerial), policy, professional, or technical position below the 
executive level, in an area relevant to the appointing agency's mission 
or succession requirements, and (unless waived by OPM) have completed a 
graduate course of study from a qualifying college or university, may 
apply for appointment as a Senior Fellow. Candidates should evidence a 
strong commitment to public service and be able to clearly demonstrate 
that, by virtue of their competencies and accomplishments to date, they 
have the potential to assume a senior executive or senior level policy, 
professional, or technical position in the Federal Government after a 
relatively brief but intensive period of training and development.
    (2) The Director of OPM will select Senior Fellow finalists based 
on an evaluation of each candidate's experience and accomplishments as 
indicated in the application and the results of a structured assessment 
process.
    (i) The OPM Director will appoint a Senior Presidential Management 
Fellows Selection Committee to oversee the evaluation of Senior Fellow 
candidates and recommend finalists; the Committee may also recommend, 
on a case-by-case basis, that the graduate degree requirement be waived 
by the OPM Director for an exceptional Senior Fellow candidate, in 
accordance with Sec. 362.203(a)(3)(ii)(C).
    (ii) The Selection Committee will be chaired by a career member of 
the Senior Executive Service (SES) and will comprise individuals 
(including those from within the Federal Government, such as members of 
the Chief Human Capital Officers Council, as appropriate, and/or others 
deemed appropriate by the Director of OPM who are not Federal 
employees) of high stature and accomplishment who are committed to 
excellence in the public service.
    (3) OPM will notify each individual candidate of his/her selection 
as a Senior Fellow finalist. OPM will send all participating agencies 
the list of Senior Fellow finalists for consideration. Agencies may 
select and appoint a finalist as a Senior Fellow, subject to the 
application of veterans' preference requirements.


Sec. 362.203  Appointment and extensions.

    (a) Appointment. (1) An agency must appoint Fellows and Senior 
Fellows using the excepted service appointing authority provided by 5 
CFR 213.3102(ii) or (jj) of this chapter or other appropriate authority 
if applicable.
    (2)(i) Fellows are appointed for a initial period of 2 years.
    (ii) Upon approval of the agency's Executive Resources Board (ERB), 
Senior Fellows are appointed for an initial period of up to 2 years, 
depending on individual qualifications and competencies.
    (iii) The OPM Director may approve an extension of a Fellow's or 
Senior Fellow's appointment for up to one additional year upon written 
request by the head of an agency; such requests must be received at 
least 90 days before the end of the initial appointment.
    (3) An agency may appoint a Fellow or Senior Fellow any time after 
the individual has been notified that he/she has been selected as a 
finalist, but not more than 12 months after the Fellow or Senior Fellow 
was so selected. However, the OPM Director may approve a written agency 
request to appoint a Fellow or Senior Fellow after that deadline, so 
long as the agency request is submitted no later than 30 days prior to 
the end of the 12-month period.
     (4)(i) An agency may not appoint a Fellow or Senior Fellow unless 
and until he or she has met all graduate degree requirements.
    (ii) If a Fellow or Senior Fellow does not complete all degree 
requirements by August 31 of the year in which the Fellow or Senior 
Fellow was selected as a finalist, the Fellow's or Senior Fellow's 
finalist status is terminated. The OPM Director may grant exceptions on 
a case-by-case basis.
    (iii) The OPM Director may waive the graduate degree requirement 
for a Senior Fellow on a case-by-case basis. The Senior Presidential 
Management Fellows Selection Committee may recommend, on a case-by-case 
basis, that the OPM Director waive graduate degree requirements for an 
exceptional Senior Fellow candidate.
    (b) Citizenship. (1) United States citizenship is not required of 
Fellows and Senior Fellows because their appointments are in the 
excepted service.
    (2) An agency is only authorized to appoint a Fellow or Senior 
Fellow who is not a citizen under the following conditions:
    (i) The individual is lawfully admitted to the United States as a 
permanent resident or is otherwise authorized by the Bureau of 
Immigration and Citizenship Services to be employed;
    (ii) The agency is authorized to pay the noncitizen under the 
annual appropriations Act or any agency-specific enabling statute; and

[[Page 3531]]

    (iii) The individual will acquire United States citizenship before 
appointment to the competitive service under part 315 of this chapter.
    (c) Grade. (1) An agency must appoint a Fellow at the grade GS-9 
level, or its equivalent, at a minimum. However, if the agency 
determines that a Fellow meets the requisite qualification requirements 
(general or specialized experience, academic credentials, professional 
certifications, etc.), the agency may appoint the Fellow at the grade 
GS-11 or GS-12 level, or their equivalents.
    (2) An agency must appoint a Senior Fellow at the grade GS-13 
level, or its equivalent, at a minimum. However, if the agency 
determines that a Senior Fellow meets the requisite qualification 
requirements (general leadership, managerial, or specialized 
experience, academic credentials, professional certifications, etc.), 
the agency may appoint the Senior Fellow at the grade GS-14 or GS-15 
level, or their equivalents.


Sec. 362.204  Development, evaluation, promotion, and certification.

    (a) Individual development plans. The appointing agency will 
approve an individual development plan (IDP) for its Fellows and Senior 
Fellows that sets forth the specific developmental activities (training 
courses, developmental assignments, rotations, etc.) designed to impart 
the competencies of the occupation or functional discipline in which 
the Fellow or Senior Fellow is most likely to be placed. The IDP of a 
Senior Fellow must be approved by the appointing agency's ERB.
    (b) Required developmental activities. (1) OPM will provide 
orientation and graduation programs for each class or cohort of Fellows 
and Senior Fellows, and will serve as a clearinghouse for available 
training opportunities.
    (2) The appointing agency will provide each Fellow and Senior 
Fellow with formal classroom training during the Program:
    (i) For each Fellow, the appointing agency will provide a minimum 
of 80 hours per year of formal classroom training that addresses the 
core competencies required of the occupation or functional discipline 
in which the Fellow will most likely be placed upon completion of the 
Program and conversion to a full-time, permanent position.
    (ii) For each Senior Fellow, the appointing agency will make sure 
that each Senior Fellow will complete the 80 hours of formal classroom 
training provided through the OPM-approved SES candidate development 
program. The OPM Director or designate may approve an exception for 
formal classroom training to be provided by a source other than the 
CDP.
    (3) The appointing agency will assign each Senior Fellow a mentor, 
who shall be a member of the SES (or equivalent). The mentor will 
assist the Senior Fellow in the development of his/her IDP. The ERB may 
consult with the mentor in evaluating the candidate.
    (4) The appointing agency will provide each Fellow and Senior 
Fellow with at least one rotational or developmental assignment with 
full-time management and/or technical responsibilities consistent with 
the Fellow or Senior Fellow's IDP. With respect to this requirement:
    (i)(A) Each Fellow must receive at least one developmental 
assignment of 4-6 months in duration in the occupation or functional 
discipline in which the Fellow will most likely be placed, with full-
time management and/or technical responsibilities consistent with the 
Fellow's IDP.
    (B) In addition, the Fellow may receive at least one other short-
term rotational assignment of 4 to 6 months in duration, at the 
appointing agency's discretion, to an occupation or functional area 
different from the one in which the Fellow will most likely be placed; 
and
    (ii) Each Senior Fellow will receive at least one long-term 
developmental assignment of at least 12 months in duration (including 
classroom training required by the Program), during which time the 
Senior Fellow will serve with full responsibilities for accomplishing 
the duties of that position.
    (c) Performance and progress evaluation. (1) Each Fellow and Senior 
Fellow will be placed on a performance plan, as prescribed by part 430 
of this chapter or other applicable law or regulation, establishing 
performance elements and standards that are directly related to 
acquiring and demonstrating the various leadership, technical, and/or 
general competencies expected of the Fellow or Senior Fellow as well as 
the elements and standards established for the duties assigned.
    (2) Each Fellow and Senior Fellow must receive an annual 
performance evaluation (rating of record), in accordance with the 
agency's performance management program. The rating is derived from an 
evaluation of the Fellow's or Senior Fellow's success in completing 
developmental activities designed to prepare the Fellow or Senior 
Fellow to meet the developmental and performance expectations described 
in his or her performance plan (i.e., elements and standards).
    (3) If a Fellow or Senior Fellow does not meet expectations (set 
forth in the performance plan) with regard to his or her developmental 
progress or assignments, the agency may take appropriate corrective 
action. Fellows and Senior Fellows with previous competitive status are 
covered by parts 432 and 752 of this chapter.
    (d) Promotion. (1) An agency must establish policies and criteria 
for the promotion of Fellows and Senior Fellows. A Fellow may be 
promoted up to the GS-13 level or its equivalent. A Senior Fellow may 
be promoted up to the GS-15 level or its equivalent.
    (2) Time-in-grade requirements in part 300 of this chapter do not 
apply to the promotion of Fellows or Senior Fellows while they are 
appointed under Sec. 213.3102(ii) or (jj) of this chapter.
    (e) Certification of completion. (1)(i) Upon a Fellow's or Senior 
Fellow's completion of the Program, the appointing agency's ERB must 
evaluate each Fellow or Senior Fellow, as applicable, and determine 
whether it can certify in writing that he/she has met all of the 
requirements thereof, including the performance and developmental 
expectations set forth in the individual's performance plan and IDP, as 
established by this regulation, and, if so, make that certification or 
state that the OPM Director has approved a waiver of one or more of 
those requirements in a particular case under paragraph (f) of this 
section. Any certifications are forwarded to OPM.
    (ii) In addition, for each Senior Fellow to be eligible for 
appointment to a position in the SES, or equivalent, without further 
competition, in the same manner and subject to the same QRB review as a 
graduate of an OPM-approved SES candidate development program, the ERB 
must certify that the Senior Fellow possesses the various leadership 
and management competencies required of successful SES candidates.
    (iii) The agency must complete its evaluation and any 
certification, and notify the Fellow or Senior Fellow, no later than 30 
calendar days prior to the expiration of the Fellow or Senior Fellow's 
appointment in the Program.
    (2)(i) If the ERB does not certify a Fellow or Senior Fellow, the 
Fellow or Senior Fellow may request reconsideration of that 
determination by OPM. Such reconsideration must be requested in 
writing, with appropriate documentation and justification, within 15 
calendar days of the date of the agency's certification decision.

[[Page 3532]]

    (ii) The Fellow or Senior Fellow may continue in the Program 
pending the outcome of his/her request for reconsideration. The agency 
must continue to provide appropriate developmental activities during 
this period.
    (iii) OPM's determination in this regard shall be final and not 
subject to further review or appeal.


Sec. 362.205  Waiver.

    Under limited circumstances, the OPM Director may approve a written 
agency request for a waiver of any of the requirements enumerated in 
this section, upon a showing that the Fellow or Senior Fellow has 
participated in developmental activities prior to the Program that meet 
such requirements, in terms of both quantity and rigor. For example, 
successful completion of an appointment as a White House Fellow would 
normally satisfy the requirement that a Senior Fellow complete a long-
term developmental assignment.


Sec. 362.206  Movement between departments or agencies.

    (a) A Fellow or Senior Fellow may move to another agency at any 
time during his/her appointment in the Program. To move from one agency 
to another during the Program, the Fellow or Senior Fellow must 
separate from the current agency. The new employing agency must 
reappoint the participant under the appropriate Fellow or Senior Fellow 
appointment without a break in service.
    (b) The Fellow or Senior Fellow does not begin a new period in the 
Program upon appointment by the new employing agency. Since there is no 
break in service, time served under the previous Program appointment 
will apply towards the completion of the Program with the new employing 
agency.
    (c) The new appointing agency must notify OPM when a Fellow or 
Senior Fellow moves to that agency from another agency.


Sec. 362.207  Withdrawal and readmission.

    (a) Withdrawal. (1) A Fellow or Senior Fellow may withdraw from the 
Program at any time by resigning from his/her appointment as a Fellow 
or Senior Fellow. Such withdrawal shall be treated as a resignation 
from the Federal service; however, any obligations established upon 
admission and appointment (for example, as a result of accepting a 
recruitment bonus under 5 CFR part 575, subpart A of this chapter) 
still apply.
    (2) A Fellow or Senior Fellow who held a career or career-
conditional appointment in an agency immediately before entering the 
Program, and who withdraws from the Program for reasons that are not 
related to misconduct, poor performance, or suitability, may, at the 
employing agency's discretion, be placed in a career or career-
conditional position, as appropriate, in that agency. The employing 
agency's determination in this regard is not subject to appeal.
    (3) An agency must notify OPM when a Fellow or Senior Fellow 
withdraws from the Program.
    (b) Readmission. (1) If a Fellow or Senior Fellow withdraws from 
the Program for reasons that are related to misconduct, poor 
performance, or suitability, as determined by the agency, he/she shall 
not be readmitted to the Program at any time.
    (2) If a Fellow or Senior Fellow withdraws from the Program for 
reasons that are not related to misconduct, poor performance, or 
suitability, he/she may petition the employing agency for readmission 
and reappointment to the Program; such a petition must be in writing 
and include appropriate justification. Upon consideration of that 
petition, the agency may, at its discretion, submit a written request 
seeking the OPM Director's approval to readmit and reappoint the 
individual to the Program; the individual's status in the Program upon 
readmission and reappointment shall be addressed as part of the 
agency's submission. OPM's final determination in this regard is not 
subject to appeal.


Sec. 362.208  Resignation, termination, reduction in force, and appeal 
rights.

    (a) Resignation. A Fellow or Senior Fellow who resigns at any time 
prior to completion of the Program does not have reinstatement 
eligibility for competitive service positions based on his/her Fellow 
or Senior Fellow appointment.
    (b) Termination. If an agency does not appoint a Fellow or Senior 
Fellow at the end of the Program, as provided in Sec. 362.209, or 
extend the individual's initial appointment, the appointment expires 
when certification for program completion is denied or when the OPM 
Director denies the agency requested extension. The agency must provide 
written notification to OPM when a Fellow or Senior Fellow is 
terminated for this or any reason.
    (c) Reduction in force. Fellows and Senior Fellows are in the 
excepted service Tenure Group II for purposes of Sec. 351.502 of this 
chapter.
    (d) Appeal rights. Fellows and Senior Fellows have appeal rights as 
provided for excepted service employees in parts 432 and 752 of this 
chapter.


Sec. 362.209  Placement upon completion.

    (a) A Fellow or Senior Fellow must complete the Program within the 
time limits prescribed in Sec. 362.204, including any extensions 
approved by OPM. At the conclusion of that time period, the Fellow or 
Senior Fellow must be appointed or separated, as provided below.
    (b)(1) As provided in Executive Order 13318 and part 315 of this 
chapter, an agency must appoint a Fellow or Senior Fellow who has been 
certified as having successfully completed the Presidential Management 
Fellows Program and who is a United States citizen, without further 
competition, in a full-time, permanent position, in the competitive or 
excepted service, effective on the date that the Fellow or Senior 
Fellow is certified.
    (2) Fellows and Senior Fellows who successfully complete the 
Program, who are United States citizens, and who are appointed by an 
excepted service agency may be appointed at a later date, without 
further competition and only one time, to a position in the competitive 
service for which they are qualified, if selected for such position.
    (c) As provided for in part 317 of this chapter, an agency may 
appoint a Senior Fellow who is a United States citizen and who has been 
certified as having successfully completed the Presidential Management 
Fellows Program to a position in the SES, without further competition, 
but only one time, in the same manner and subject to the same QRB 
review as a graduate of an OPM-approved SES candidate development 
program.

PART 537--REPAYMENT OF STUDENT LOANS

    11. The authority citation for part 537 continues to read as 
follows:

    Authority: 5 U.S.C. 5379.

    12. In Sec. 537.104, revise paragraph (d) to read as follows:


Sec. 537.104  Employee eligibility.

* * * * *
    (d) Employees serving on excepted appointments who are eligible for 
non-competitive conversion to a term, career, or career-conditional 
appointment (including, but not limited to, Career Interns, 
Presidential Management Fellows, or Senior Presidential Management 
Fellows).

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart G--Severance Pay

    13. The authority citation for subpart G continues to read as 
follows:


[[Page 3533]]


    Authority: 5 U.S.C. 5595; E.O. 11257, 3 CFR 1964-1965 Comp., p. 
357.

    14. Revise paragraph (f)(6) of the definition of ``nonqualifying 
appointment'' in Sec. 550.703 to read as follows:


Sec. 550.703  Definitions.

* * * * *
    Nonqualifying appointment * * *
    (f) * * *
    (6) A Presidential Management Fellow or Senior Presidential 
Management Fellow appointment under part 362 of this chapter.
* * * * *
[FR Doc. 04-1589 Filed 1-21-04; 4:54 pm]
BILLING CODE 6325-38-P