CFR Subpart A

CFR Subpart A
in effect

5 C.F.R. § 362.101 Program administration.

(a) The Pathways Programs authorized under Executive Order 13562 consist of the following three Programs: (1) The Internship Program; (2) The Recent Graduates Program; and (3) The Presidential Management Fellows (PMF) Program. (b) An agency may rename the Programs specified in paragraphs (a)(1) through (3) of this section, provided that the agency-specific name includes the Pathways Program name identified in paragraph (a) of this section, e.g., Treasury Internship Program. (c) Agencies must provide for equal employment opportunity in the Pathways Programs without regard to race, ethnicity, color, religion, sex (including pregnancy and gender identity), national origin, age, disability, sexual orientation, genetic information, or any other non-merit-based factor.

5 C.F.R. § 362.102 Definitions.

For the purposes of this part: Advanced degree means a master's degree, professional degree, doctorate degree, or other formal degree pursued after completing a bachelor's degree. Agency means an Executive agency as defined in 5 U.S.C. 105, and the Government Publishing Office. Certificate of completion of a Registered Apprenticeship Program means the documentation given to individuals who have successfully completed a Registered Apprenticeship Program. Certificate program means post-secondary education in a: (1) Qualifying educational institution, equivalent to at least one academic year of full-time study that is part of an accredited post-secondary, technical, trade, or business school curriculum; or (2) Qualifying career or technical education program of at least one year that awards a recognized postsecondary credential. Director means the Director of OPM or his or her designee. Industry-recognized credential means: (1) A credential or certificate that is developed and offered by, or endorsed by, a nationally or regionally recognized industry association or organization representing a sizeable portion of the industry sector; or (2) A credential that is sought or accepted by companies within the industry sector for purposes of hiring or recruitment, which may include credentials from vendors of certain products. OPM means the Office of Personnel Management. Participant Agreement means a written agreement between the agency and each Pathways Participant. Program Participant or Pathways Participant means any individual appointed under a Pathways Program. Qualifying career or technical education program means: (1) A federally administered, organized educational program that focuses on providing rigorous academic content and relevant technical knowledge and skills needed to prepare the individual for further education and/or a career in a current or emerging profession and provides technical skill proficiency and a recognized postsecondary credential (which may include an industry-recognized credential, a certificate, or an associate degree). Qualifying programs must require at least one year of substantially continuous participation; (2) A Registered Apprenticeship Program; or (3) A federally administered local, State, national, or international volunteer service program or organization designed to give individuals work and/or educational experiences in volunteer programs that benefit the Federal Government or local communities. Qualifying volunteer service must be documented with written information from the federally administered program that the volunteer has completed either: (i) At least 52 weeks of volunteer service (through one or multiple periods of service); or (ii) At least 1700 work hours when the period(s) of volunteer service (through one or multiple periods of service) is less than one year in length. (4) For the purposes of this definition, the phrase federally administered means a program or organization that operates under a Federal agency's (or a component within an agency) programmatic oversight, to ensure educational outcomes and compliance with agency-established criteria to provide participants with high-demand skills. Such criteria must describe: (i) The nature and scope of work to be performed by participants; (ii) The type(s) and scope of training to be provided to participants; (iii) The types of skills participants will acquire or develop during the program (e.g., teaching, environmental, business, scientific, public health/health care, languages); (iv) The level and extent of mentoring participants will receive); and (v) The metrics that describe successful completion of the program. Qualifying educational institution means— (1) A public high school whose curriculum has been approved by a State or local governing body, a private school that provides secondary education as determined under State law, or a homeschool that is allowed to operate in a State; and (2) Any of the following educational institutions or curricula that have been accredited by an accrediting body recognized by the Secretary of the U.S. Department of Education: (i) A technical or vocational school; (ii) A 2-year or 4-year college or university; (iii) A graduate or professional school (e.g., law school, medical school); or (iv) A post-secondary homeschool curriculum. Recognized postsecondary credential means documentation (e.g., official record) of an industry-recognized credential, a certificate of completion of a Registered Apprenticeship Program, a license recognized by the State involved or Federal Government, or an associate's or baccalaureate degree. Registered Apprenticeship Program means a program that meets the requirements in 29 CFR part 29. Registration of a program is evidenced by a certificate of registration or other written documentation provided by the Registration Agency under 29 CFR part 29.

5 C.F.R. § 362.103 Authority.

An agency may make an appointment under this part to a position defined in § 213.3402 of this chapter, provided a Memorandum of Understanding between the head of the agency or his or her designee and OPM is in effect.

5 C.F.R. § 362.104 Agency requirements.

(a) Agency policy. To make any appointment under a Pathways authority, an agency must first establish a Pathways Policy. The Pathways Policy must: (1) Include information about any agency-specific program labels that will be used, subject to the Federal naming conventions identified in § 362.101 (e.g., OPM Internship Program). (2) State the delegations of authority for the agency's use of the Pathways Programs (e.g., department-wide vs. bureaus or components). (3) Include any implementing policy or guidance that the agency determines would facilitate successful implementation and administration for each Pathways Program. (4) Prescribe criteria and procedures for agency-approved extensions for Recent Graduates and PMFs, not to exceed 120 days. Extension criteria must be limited to circumstances that would render the agency's compliance with the regulations impracticable or impossible. (5) Describe how the agency will design, implement, and document formal training and/or development, as well as the type and duration of assignments. (6) Include a commitment from the agency to: (i) Provide to OPM any information it requests on the agency's Pathways Programs; (ii) Adhere to any caps on the Pathways Programs imposed by the Director; (iii) Provide information to OPM about opportunities for individuals interested in participating in the Pathways Programs, upon request from OPM; (iv) Provide a meaningful on-boarding process for each Pathways Program; and (v) Provide OPM with the names of the agency's Pathways Programs Officer and PMF Coordinator. (7) Identify the agency's Pathways Programs Officer (PPO), who: (i) Must be in a position at the agency's headquarters level, or at the headquarters level of a departmental component, in a position at or higher than grade 12 of the General Schedule (GS) (or the equivalent under the Federal Wage System (FWS) or another pay and classification system); (ii) Is responsible for administering the agency's Pathways Programs, including coordinating the recruitment and on-boarding process for Pathways Programs Participants, and coordinating the agency's Pathways Programs plan with agency stakeholders and other hiring plans (e.g., merit promotion plans, agency plans pursuant to Executive Order (E.O.) 14035, “Diversity, Equity, Inclusion, and Accessibility (DEIA) in the Federal Workforce”); (iii) Serves as a liaison with OPM by providing updates on the agency's implementation of its Pathways Programs, clarifying technical or programmatic issues, sharing agency best practices, and other similar duties; and (iv) Reports to OPM on the agency's implementation of its Pathways Programs and individuals hired under these Programs, in conjunction with the agency's Pathways Policy. (8) Identify the agency's PMF Coordinator who: (i) Must be in a position at the agency's headquarters level, or at the headquarters level of departmental component, or sub-agency level, in a position at or higher than grade 12 of the GS (or the equivalent under the FWS or another pay and classification system). If an agency or sub agency designates multiple PMF Coordinators, they must work collaboratively to administer the agency's PMF Program. (ii) Is responsible for administering the agency's PMF Program including coordinating the recruitment, on-boarding, and certification processes for PMF Program Participants, and coordinating the agency's PMF Program plan to ensure it is integrated with agency-wide workforce plans. (iii) Serves as a liaison with OPM by providing updates on the agency's implementation of its PMF Program, clarifying technical or programmatic issues, sharing agency best practices, and other similar duties. (iv) Reports to OPM on the agency's implementation of its PMF Program and individuals hired under the PMF Program. (9) Prescribe criteria and procedures on how the agency will determine whether it has the resources available to convert a Pathways Participant to a term or permanent position in the competitive service. These procedures must specify the timeline for making the determination, which must include informing the Pathways Participant no later than 60 calendar days prior to the end of the appointment about whether the agency is able to convert them. If an agency is unable to convert a Pathways Participant, its procedures may include the actions it will take to assist a Participant in pursuing conversion at another agency (when appropriate). (10) Identify the minimum service-hour requirement that must be completed by an Intern as required by § 362.204. (11) An agency's Pathways Policy must be maintained and be available for review upon request of OPM, applicants, Pathways Programs participants, or agency employees. (b) Implementation of Pathways Policy requirement. Agencies must establish a Pathways Policy that meets the criteria listed in paragraph (a) of this section not later than December 9, 2024. Upon June 11, 2024, agencies with existing Pathways memorandums of understanding (MOUs) may continue to use the Pathways Programs subject to the regulations in this part in lieu of an updated Pathways Policy while they are developing and updating their policies in accordance with the regulations in this part. Agencies without an existing MOU or an expired MOU on June 11, 2024, must establish an agency Pathways Policy before they begin making Pathways appointments. Agencies with MOUs that expire within 240 days of April 12, 2024, may request an extension of the MOU. All Pathways Programs MOUs will expire on December 9, 2024, unless OPM has specifically approved use of the MOU after December 9, 2024. (c) Revocation. The Director may revoke an agency's authority to make Pathways appointments when agency use of these Programs is inconsistent with E.O. 13562, this part, or the agency's Pathways Policies.

5 C.F.R. § 362.105 Filling positions.

(a) Workforce Planning. Before filling any positions under these Programs, agencies should include measures in their workforce planning to ensure that an adequate number of permanent positions will be available to convert Pathways Participants who successfully complete their Programs. (b) Announcements. When an agency accepts applications from individuals outside its own workforce, it must provide OPM information concerning Pathways Programs job opportunities as provided in each Pathways Program. For the purposes of this paragraph, “agency” means an Executive agency as defined in 5 U.S.C. 105 and the Government Printing Office. An Executive department may treat each of its bureaus or components (first major subdivision that is separately organized and clearly distinguished from other bureaus or components in work function and operation) as a separate agency or as part of one agency, but must do so consistent with its Delegated Examining Agreement. (c) Appointments. (1) Agencies must fill positions under the Pathways Programs using the excepted service appointing authority provided by § 213.3402 (a), (b), or (c) of this chapter, as applicable. (2) Agencies must follow the procedures of part 302 of this chapter when filling a position under a Pathways Program. (3) Appointments are subject to all the requirements and conditions governing term, career, or career-conditional employment, including investigation to establish an appointee's qualifications and suitability. (d) Eligibility. Except as set forth in this section, eligibility requirements for appointment under a Pathways Program are specified in each Pathways Program. (e) Citizenship. (1) An agency may appoint a non-citizen provided that: (i) The Pathways Participant is lawfully admitted to the United States as a permanent resident or is otherwise authorized to be employed; and (ii) The agency is authorized to pay aliens under the annual Appropriations Act ban and any agency-specific enabling and appropriation statutes. (2) A Pathways Participant must be a United States citizen to be eligible for noncompetitive conversion to the competitive service. (f) Employment of relatives. In accordance with part 310 of this chapter, a Pathways Participant may work in the same agency with a relative when there is no direct reporting relationship and the relative is not in a position to influence or control the Participant's appointment, employment, promotion or advancement within the agency. (g) Length of Appointments. Except as provided in subpart B, Recent Graduate and PMF appointments under this authority may not exceed 2 years plus any agency-approved extension of up to 120 days. (h) Terminations. An agency may terminate a Pathways Participant for reasons including misconduct, poor performance, or suitability under the provisions of this chapter. (i) Performance and progress evaluation. Each Participant must 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 Participant, as well as the elements and standards established for the duties assigned. (j) Compensation. The rules for setting pay upon the initial appointment of a Participant are governed by the pay administration rules of the pay system or pay plan of the Participant's position under the Pathways program. In determining the Participant's compensation, agencies may also use any applicable pay flexibilities available under that pay system or pay plan (e.g., recruitment, relocation, and retention incentives under part 575 of this chapter; student loan repayments under part 537; and, for General Schedule positions, special rates under part 530, subpart C, and the superior qualifications and special needs pay setting authority and the maximum payable rate rule under part 531, subpart B).

5 C.F.R. § 362.106 Participant Agreement.

Agencies must execute a written Participant Agreement with each Pathways Participant that clearly identifies expectations, including but not limited to: (a) A general description of duties; (b) Work schedules; (c) The length of the appointment and termination date; (d) Mentorship opportunities; (e) Training requirements as applicable; (f) Evaluation procedures that will be used for the Participant; (g) Requirements for continuation and successful completion of the Program; and (h) Minimum eligibility requirements for noncompetitive conversion to term or permanent competitive service employment according to the requirements of the applicable Pathways Program.

5 C.F.R. § 362.107 Conversion to the competitive service.

(a) Subject to any limits on conversion imposed by the Director, and in accordance with the provisions of each Pathways Program, an agency may noncompetitively convert an eligible Pathways Participant to a term or permanent competitive service position. (b) A Pathways Participant who is noncompetitively converted to a competitive service term appointment may be subsequently converted noncompetitively to a permanent competitive service position. (c) Noncompetitive conversion. (1) An Intern may be converted to a position within the employing agency or any other agency within the Federal Government. (2) A Recent Graduate may be converted to a position within the employing agency or any other agency within the Federal Government. Conversion to position at a different agency is subject to § 362.305(c). (3) A PMF may be converted within the employing agency or any other agency within the Federal Government. Conversion to position at a different agency is subject to § 362.409(c). (d) The provisions of the career transition assistance programs in subparts B, F and G of part 330 of this chapter do not apply to conversions made under this part. (e) Time spent serving as a Pathways Participant counts towards career tenure when the individual is noncompetitively converted to a permanent position in the competitive service upon completion of the Program, with or without an intervening term appointment, and without a break in service of one day. (f) Though Pathways Participants are eligible for noncompetitive conversion to the competitive service upon successful completion of their Program and any other applicable conversion requirements, service in a Pathways Program confers no right to further employment in either the competitive or excepted service. An agency wishing to convert a Pathways Participant must therefore execute the required actions to do so.

5 C.F.R. § 362.108 Program oversight.

(a) The Director may establish caps on the number of Pathways Participants who may be appointed or converted in any Pathways Program within a specific agency or throughout the Federal Government. (b) The Director may establish such caps based on agency or Governmentwide use of the Pathways Programs, input from the Executive agencies, and consideration of the following: (1) An agency's compliance with its Pathways Policy; (2) Agency approach to entry-level hiring; (3) Agency engagement in sound workforce planning to ensure that an adequate number of permanent positions will be available to which Pathways Participants who successfully complete their Programs can be converted; (4) Agency record in using the Pathways Programs as a supplement to competitive examining, rather than as a substitute for it; (5) Agency record of publicizing their positions in the Pathways Programs and recruiting and selecting from a broad array of sources; and (6) Any other information the Director deems relevant. (c) In the event the Director determines that any caps would be appropriate, OPM will publish notice of such caps in a manner chosen by the Director.

5 C.F.R. § 362.109 Reporting requirements.

Agencies must provide information requested by OPM regarding workforce planning strategies that includes: (a) Information on the entry-level occupations targeted for filling positions under this part in the coming three fiscal years; (b) The percentage of overall hiring expected in the coming three fiscal years under the Internship, Recent Graduates, and Presidential Management Fellows Programs; and (c) Every three fiscal years beginning with fiscal year (FY)—2024 (i.e., FY24 and then again in FY27, etc.), for each of the preceding three fiscal years: (1) The number of individuals initially appointed under each Pathways Program; (2) The percentage of the agency's overall hires made from each Pathways Program; (3) The number of Pathways Participants, per Program, converted to the competitive service; and (4) The number of Pathways Participants.

5 C.F.R. § 362.110 Transition.

OPM will provide written guidance for the orderly transition of employees currently appointed as students under the Student Educational Employment Program and current PMFs to the applicable Pathways Program and may revise that guidance as necessary.

5 C.F.R. § 362.111 Severability.

Any provision of this part held to be invalid or unenforceable as applied to any person or circumstance shall be construed so as to continue to give the maximum effect to the provision permitted by law, including as applied to persons not similarly situated or to dissimilar circumstances, unless such holding is that the provision is invalid and unenforceable in all circumstances, in which event the provision shall be severable from the remainder of this part and shall not affect the remainder thereof.

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