This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

11017

Vol. 60, No. 40

Wednesday, March 1, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 362

RIN 3206–AG17

Presidential Management Intern

Program

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing interim

regulations governing selection and

employment procedures for Presidential

Management Intern positions as part of

the implementation of Federal

Personnel Manual (FPM) sunset. The

regulations incorporate certain

requirements that existed in the

provisionally retained FPM and were

abolished on December 31, 1994.

DATES: Effective Date: March 1, 1995.

Comments on the interim regulations

must be received on or before May 1,

1995.

ADDRESSES: Send or deliver written

comments to Assistant Director, Office

of Training Operations, HRDG, Suite

800, 1400 Wilson Boulevard, Arlington,

VA 22209.

FOR FURTHER INFORMATION CONTACT:

Ardrey Harris at 703–807–0321.

SUPPLEMENTARY INFORMATION: These

regulations affect selection and

appointment to Presidential

Management Intern positions. One of

the recommendations of the September

1993 Report of the National

Performance Review was that the

Federal Personnel Manual (FPM) should

be ‘‘sunset.’’ Following consultation

with agencies and other interested

parties, the Director of the OPM issued

a memorandum abolishing the FPM as

of December 31, 1993. Portions of the

FPM and FPM supplements, however,

were provisionally retained until

December 31, 1994. Decisions on what

to include in the regulations were based

on whether the requirement or authority

was necessary to assure uniformity in

Presidential Management Intern

Program (PMIP) operations, and/or to

protect employee rights.

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 regulations continue certain

requirements and authorities that are

currently in the provisionally retained

FPM material and that went out of

existence as of December 31, 1994,

because they are not specified in

existing regulations or law. No new

requirements would be imposed on

agencies under the regulations.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

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 Part 362

Administrative practice and

procedure, Government employees.

U.S. Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM is adding part 362

of title 5, Code of Federal Regulations as

follows:

PART 362—PRESIDENTIAL

MANAGEMENT INTERN PROGRAM

Subpart A—Purpose, Definitions

Sec.

362.101 Purpose.

362.102 Definitions.

Subpart B—Program Administration

Sec.

362.201 Appointment.

362.202 Eligibility.

362.203 Extensions and Conversions of

Presidential Management Internships.

362.204 Termination.

362.205 Resignation.

362.206 Movement of interns between

Agencies.

362.207 Career development.

362.208 Agency duties.

Authority: E.O. 12364

Subpart A—Purpose, Definitions

§ 362.101 Purpose.

The Presidential Management Intern

Program (PMIP), established by

Executive Order 12008 on August 25,

1977, and reconstituted by Executive

Order 12346 on May 24, 1982, is

designed to attract to Federal service

outstanding men and women from a

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.

§ 362.102 Definitions.

Presidential Management Interns are

individuals appointed in the excepted

service, under § 213.3102(ii) of this

chapter, in an executive agency or

department. Such an individual must be

a United States citizen who has

completed a graduate course of study at

a qualifying college or university,

received the nomination of the dean or

academic program director, passed on

OPM-administered screening process,

and been selected by an agency for a 2-

year Presidential Management

Internship.

Qualifying colleges or universities are

accredited United States academic

institutions with a graduate program

applicable to the management or

analysis of public programs and

policies.

Subpart B—Program Administration

§ 362.201 Appointment.

(a) The appointment authority for

Presidential Management Interns is

§ 213.3102(ii) of this chapter.

Appointments under this authority

cannot exceed 2 years unless extended

by the Federal department or agency,

with the concurrence of the U.S. Office

of Personnel Management, for up to one

additional year.

(b) Agencies need to 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 interns were selected as

finalists.
11018 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

(c) Finalists in the PMIP may be

appointed following official

announcement of their selection as

finalists. Appointments must be made

no later than December 31 of the year

in which the terms were selected as

finalists. Exceptions may be granted on

a case by case basis upon request to the

PMIP office no later than December 15.

(d) Initial appointments must be made

at the grade GS–9, Step 1 level of the

General Schedule. If an intern has had

prior higher level Federal Government

experience, that individual may be

placed at higher step within grade GS–

9 of the General Schedule. The

appointment authority, § 213.3102(ii) of

this chapter, authorizes Presidential

Management Intern positions only at

grades GS–9 and GS–11 of the General

Schedule. Therefore, promotions above

grade GS–11 can occur only on or after

the date of conversion of the

competitive service.

§ 362.202 Eligibility.

(a) General. Those eligible to be

nominated for the Program are United

States citizens completing or expecting

to complete an advanced degree

focusing on or applicable to the analysis

or management of public policies and

programs from an accredited United

States college or university during the

current academic year.

(b) Nomination procedure. (1)

Students must be nominated by their

school deans or academic program

directors. Individuals who wish to be

nominated must be rated by their

schools as either qualified or not

qualified for nomination and should be

notified of their status by their schools.

The school is obligated to devise a

competitive nomination process which

ensures that selection is determined on

the basis of relative ability, knowledge

and skills after fair and open

competition which assures that all

receive equal opportunity. All

honorably discharged veterans with

Federal veterans’ preference entitlement

who are in the qualified group must be

nominated. Schools will need to

determine which of the qualified

individuals have Federal veterans’

preference entitlement in order to

ensure their nomination. These

individuals must submit verification of

their Federal veterans’ preference

entitlement along with their application

to the PMIP Review Committee.

Veterans who believe they meet their

school’s qualification requirements, but

who are not nominated, have the right

to appeal their non-nomination to the

U.S. Office of Personnel Management.

(2) Selection of Program finalists is

made by the Presidential Management

Intern Selection Committee based on

selection process results.

§ 362.203 Extensions and Conversions of

Presidential Management Internships.

(a) Federal agencies may request OPM

approval for an extension of an

internship for up to a 3rd and final year.

The primary reason for extending an

internship is to provide the intern with

additional training and developmental

activities.

(b) A written request to extend an

internship should be submitted to the

PMIP, no later than 60 days prior to the

end of the initial 2-year period. This

request must be sent to: U.S. Office of

Personnel Management; Presidential

Management Intern Program; 1400

Wilson Boulevard; Suite 1200,

Arlington, VA 22209.

(c) Eligibility for conversion.

Employees who have completed

Presidential Management Internships

are to be converted non-competitively to

a career or career-conditional

appointment for which they are

qualified if all the following criteria are

met:

(1) The employee has successfully

competed a Presidential Management

Internship at the time of conversion;

(2) The employee is recommended for

conversion at least 90 calendar days

before the completion of the internship.

The agency decides whether or not to

convert the employee. No

recommendation is made to OPM.

Agencies are asked to inform the PMIP,

U.S. Office of Personnel Management,

when an individual will not be

converted.

(d) Effective date. Conversions will be

effective on the date when the 2-year

service requirement is met unless the

internship is extended by the Federal

department or agency, with the

concurrence of the U.S. Office of

Personnel Management, for up to one

additional year.

(e)(1) Tenure acquired. Upon

conversion, the employee becomes a

career employee if the service

requirements in § 315.708 of this

chapter are met; otherwise, the

employee becomes a career-conditional

employee.

(2) The time-after-competitiveappointment restriction. This

restriction, § 330.501 of this chapter,

does not apply to conversions under

Executive Order 12364.

(f) Probationary period. Employees

converted under this section do not

have to serve a probationary period.

Successful completion of the

Presidential Management Internship is

regarded as completion of the

probationary period.

§ 362.204 Termination.

The appointment of a Presidential

Management Intern under § 213.3102(ii)

of this chapter 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

the competitive service or extend the

internship with prior approval from

OPM. If neither of those actions is taken,

the Presidential Management Intern

appointment terminates.

§ 362.205 Resignation.

Interns who resign during their

internship do not have reinstatement

eligibility for competitive service

positions and cannot be reinstated to the

PMIP.

§ 362.206 Movement of interns between

agencies.

If an intern wishes to change his or

her employing agency during the

internship, it is necessary to resign from

the current agency and be rehired by the

new employing agency under the PMIP

appointment authority without a break

in service.

§ 362.207 Career development.

(a) The U.S. Office of Personnel

Management will provide career

development and training programs for

interns during the 2-year internship.

The career development component of

the PMIP includes an initial orientation

seminar, conferences, seminars,

periodic opportunities for special

briefings and workshops, and a program

at the end of the internship.

(b) Interns must participate fully in

the PMIP orientation and educational

programs, as well as seminars,

workshops, and other programs

throughout the 2-year internship.

§ 362.208 Agency duties.

Agencies must provide—

(1) An orientation for interns which

includes discussion of the agency’s

plans for interns, provides specific

information on the functions and

mission of the agency, and makes

explicit the agency’s expectations of

interns;

(2) Individual development planning

to ensure the intern gains professional

and technical skills to qualify for a

target upon conversion;

(3) A series of core assignments

targeted to a functional area into which

the intern is most likely to be converted.

[FR Doc. 95–4918 Filed 2–28–95;8:45am]

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