Presidential Management Intern Program

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 315 and 362

RIN 3206-AH53

Presidential Management Intern Program

Agency: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is revising its

regulations to clarify the nomination, selection, and employment

procedures of the Presidential Management Intern (PMI) Program. The

revised regulations also clarify that PMI's do not serve probation when

converted to career or career-conditional appointments.

EFFECTIVE DATES: August 20, 1997.

FOR FURTHER INFORMATION CONTACT: Kathleen Keeney, 215-597-1920, FAX

215-597-8136.

SUPPLEMENTARY INFORMATION: OPM issued interim regulations with a

request for comments on January 22, 1997 (62 FR 3193). Comments were

received from one Federal agency. The agency suggested that the

reference in Sec. 362.202(a), concerning OPM approval of internship

extensions under Sec. 362.202(b), is incorrect. The reference will now

read Sec. 362.203(b). In addition, in Sec. 362.202(d) addressing grade

and pay, we are inserting the word ``range'' in front of ``consistent''

which was inadvertently omitted.

The agency also suggested that OPM take the lead in providing

agencies with individual development plan models, and inform agency

components that they are responsible for the 80-hour training

requirement and the required one rotational assignment. We did not

adopt these suggestions as regulatory additions, but OPM will provide

additional guidance to agencies concerning various aspects of the PMI

Program on a continuing and regular basis. However, we believe that the

agency headquarters office also has a responsibility to remind their

components of their responsibilities to PMI's. Ultimately, the

headquarters office remains accountable for its components' actions

concerning the PMI program.

With these changes, we are adopting the proposed regulations as

final.

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.

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.

Secs. 315.603 also issued under 5 U.S.C. 8151.

Secs. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp., p.

111.

Secs. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp.,

p. 303.

Secs. 315.607 also issued under 22 U.S.C. 2506.

Secs. 315.608 also issued under E.O. 12721, CFR, Comp., p. 293.

Secs. 315.610 also issued under 5 U.S.C. 3304(d).

Sesc. 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 calender 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:

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 extensions.

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.

[[Page 44200]]

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. 362.203(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 range 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 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

[[Page 44201]]

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. 97-21981 Filed 8-19-97; 8:45 am]

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