5 C.F.R. § 362.203   Appointment and extensions.


Title 5 - Administrative Personnel

Title 5: Administrative Personnel
PART 362—PRESIDENTIAL MANAGEMENT FELLOWS PROGRAM
Subpart B—Program Administration

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§ 362.203   Appointment and extensions.

(a) Appointment. (1) Except as provided in paragraph (a)(2) of this section, an agency must appoint a Fellow or Senior Fellow using the excepted service appointing authority provided by 5 CFR 213.3102(ii) or (jj), as applicable, of this chapter.

(2) An agency excepted from the competitive service must appoint a Fellow or Senior Fellow under an agency-specific appointing authority.

(3)(i) Fellows are appointed for an initial period of 2 years.

(ii) Upon approval of the agency's ERB, Senior Fellows are appointed for an initial period of up to 2 years, depending on individual qualifications and competencies.

(iii) The OPM Director, or the Director's designee, may approve an extension of a Fellow's or Senior Fellow's appointment for up to 1 additional year upon written request by the chair of the agency's ERB or equivalent; such requests must be received at least 90 days before the end of the initial appointment.

(iv) Agencies may extend, without prior OPM approval, a Fellow's or Senior Fellow's appointment for up to an initial 120 days.

(4) 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, or the Director's designee, 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.

(5)(i) An agency may not appoint a Fellow or Senior Fellow unless and until he/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.

(b) Citizenship. (1) An agency is authorized to appoint a Fellow or Senior Fellow who is not a U.S. citizen only under the following conditions:

(i) The individual is lawfully admitted to the United States as a permanent resident or is otherwise authorized by the Department of Homeland Security's Bureau of Citizenship and Immigration Services to be employed in the U.S.; and

(ii) The agency is authorized to pay the noncitizen under the annual appropriations Act ban or any agency-specific enabling appropriations statute.

(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, 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.

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