Sec. 8. Establishment of pathways program
2,479 words·~11 min read·
/bill/117/hr/6104/ih/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term competitive service has the meaning given that term in section 2102 of title 5, United States Code. The term Director means the Director of the Office of Personnel Management. The term excepted service has the meaning given that term in section 2103 of title 5, United States Code. The Director shall establish a program, to be known as the Pathways Program, which shall— promote employment opportunities for students and recent graduates in the Federal workforce by excepting participants in the Program from the competitive service requirements for certain competitive service positions in the civil service; and consist of an Internship Program as described in subsection (d), a Recent Graduates Program as described in subsection (e), and a Presidential Management Fellows Program as described in subsection (f).
The Director shall issue regulations for the Pathways Program, including— a description of the positions that Executive agencies may fill through the Pathways Program because conditions of good administration necessitate excepting those positions from the competitive hiring rules; rules governing whether, to what extent, and in what manner public notice should be provided of job opportunities in the Pathways Program; a description of career-development, training, and mentorship opportunities for participants in the Pathways Program; requirements that managers assess the performance of participants in the Pathways Program to identify those individuals who should be considered for conversion to career appointments in the civil service; a description of oversight by the Office of Personnel Management of the use by Executive agencies of the Pathways Program to ensure that— the Pathways Program serves as a supplement to, and not a substitute for, the competitive hiring process; and Executive agencies are using the Pathways Program to develop talent for careers in the civil service; a description of plans by the Office of Personnel Management to evaluate— competitive service requirements for certain positions in the civil service; the effectiveness of Executive agencies in recruiting and retaining talent using the Pathways Program; and the satisfaction of those students, graduates, and hiring managers participating in the Pathways Program; and standard naming conventions across Executive agencies, so that students and recent graduates can clearly understand and compare the career pathway opportunities available to them in the Federal Government.
The Internship Program shall provide students in high schools, community colleges, four-year colleges, trade schools, career and technical education programs, the Job Corps program, and other qualifying educational institutions and programs, as determined by the Director, with paid opportunities to work in agencies and explore Federal careers while still in school. The following requirements and policies shall apply to the Internship Program: Participants in the Program shall be students enrolled, or accepted for enrollment, at institution or program described in paragraph (1).
Subject to such exceptions as may be provided by regulation, Executive agencies shall provide participants in the Internship Program with meaningful developmental work and set clear expectations regarding the work experience of the participant. Students employed by third-party, non-federal internship providers but placed in Executive agencies may, to the extent permitted by regulation, be treated as participants in the Internship Program. Executive agencies shall participate in the Internship Program for the primary purpose of developing and evaluating talent for future permanent employment with the Federal Government.
The Recent Graduates Program shall provide individuals who have recently graduated from qualifying educational institutions or programs with developmental experiences in the Federal Government intended to promote possible careers in the civil service. The following requirements and policies shall apply to the Recent Graduates Program: Except as provided in subparagraph (B), participants in the Recent Graduates Program shall have obtained a qualifying degree or completed a qualifying career or technical education program, as determined by the Director, within the 3-year period immediately preceding participation in the Recent Graduates Program.
Any veteran who, due to the military service obligation of such veteran, was precluded from participating in the Recent Graduates Program during the 3-year period described in subparagraph
(A)shall be eligible to participate in the Program within 6 years after obtaining a qualifying degree or completing a qualifying career or technical education program. A veteran with respect to which subparagraph
(B)applies may participate not more than once in the Recent Graduates Program. Responsibilities assigned to a participant in the Recent Graduates Program shall be consistent with the qualifications, educational background, and career interests of such participant, the purpose of the Recent Graduates Program, and the needs of Executive agencies. Appointments to the Recent Graduates Program may not exceed two years, except that the employing Executive agency may extend the appointment for up to 120 days. Executive agencies may, in accordance with subparagraph (B), offer appointments to participate in Recent Graduates Program to individuals who, not later than 182 days after such offer is made, will obtain a qualifying degree or complete a qualifying career or technical education program described in paragraph (2)(A). An appointment offered under paragraph
(A)shall— be effective on or after the date on which the offer recipient obtains a qualifying degree or completes a qualifying career or technical education program described in paragraph (2)(A); and be rescinded if the offer recipient does not obtain such a qualifying degree or complete such a qualifying career or technical education program prior to the end of the 182 day period beginning on the date on which the offer is made. The Presidential Management Fellows Program shall provide opportunities to individuals from various academic disciplines at the graduate level who have an interest in, and commitment to, leading and managing public programs and policies. The following requirements and policies shall apply to the Presidential Management Fellows Program: Participants in the Presidential Management Fellows Program must have received a qualifying advanced degree, as determined by the Director, within the 2-year period immediately preceding participation in the Presidential Management Fellows Program. Responsibilities assigned to a Presidential Management Fellow shall be consistent with the qualifications, educational background, and career interests of the fellow, the purposes of the Presidential Management Fellows Program, and Executive agency needs. The Office of Personnel Management shall establish the eligibility requirements and minimum qualifications for the Presidential Management Fellows Program, as well as a process for assessing eligible individuals for consideration for appointment to participate in the Presidential Management Fellows Program. The following requirements shall apply to appointments in the Pathways Program: Appointments to the Pathways Program shall be under the excepted service. Appointments to the Pathways Program shall not confer any right to further Federal employment in either the competitive service or the excepted service upon the expiration of the appointment. The head of an Executive agency may, in accordance with this subsection and without regard to any provision of chapter 33 of title 5, United States Code, and any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service— convert the appointments of participants in the Pathways Program (other than participants in the Presidential Management Fellows Program described in subsection (f)) to term, career, or career-conditional appointments in the competitive service; and convert the appointments of such participants who are initially converted to a term appointment under subparagraph
(A)to a career or career-conditional appointment in the competitive service before the term appointment expires. In addition to the requirements under this subsection, the Director may establish requirements for converting an appointment under paragraph (1). The appointment of a participant in the Internship Program described in subsection
(d)may be converted to a career or career-conditional appointment under paragraph
(1)only if the participant— is a citizen of the United States; has completed not less than one year as a participant in the Internship Program while enrolled as a half- or full-time degree- or certificate-seeking student at an institution or program described in subsection (d)(1); in the 180-day period ending on the date on which the appointment of such participant is converted under paragraph (1), has completed a course of study at an institution or program described in subsection (d)(1); meets the qualification standards for the position to which the participant will be converted, including any requirements of the Executive agency in which such position is located; and receives a favorable recommendation from an official of the Executive agency or agencies in which the participant serves under the Internship Program. The appointment of a participant in the Recent Graduates Program described in subsection
(e)may be converted to a career or career-conditional appointment under paragraph
(1)only if the participant— is a citizen of the United States; has completed not less than one year of continuous service as a participant in the Recent Graduates Program, except that such one-year requirement shall be reduced by the amount of time, if any, the participant spent as a participant in the Internship Program described in subsection (d); has demonstrated successful performance of the responsibilities of each position to which the participant has been assigned under the Recent Graduates Program; meets the qualification standards for the position to which the participant will be converted, including any requirements of the Executive agency in which such position is located; and receives a recommendation for conversion from the immediate supervisor of the participant under the Recent Graduates Program. The head of an Executive agency may exercise the authority under paragraph
(1)with respect to a participant in the Pathways Program not appointed to a position in such Executive agency only if the appointment of such participant is converted to an appointment to a position in such Executive agency. Not later than 120 days after the date of the enactment of this Act, the Director shall establish and maintain a database of participants in the Pathways program whose appointments are eligible for conversion to career or career-conditional appointments under paragraph (1). The Director shall make the database established under subparagraph
(A)available to each Executive agency. The head of each Executive agency shall submit to the Director such information as determined by the Director regarding each participant in the Pathways program appointed to a position within such Executive agency whose appointment is eligible for conversion to career or career-conditional appointments under paragraph (1). The head of each Executive agency shall submit the information required under clause
(i)at such time and in such manner and form as determined appropriate by the Director of the Office of Personnel Management. There is authorized to be appropriated to the Office of Personnel Management for each fiscal year such funds as may be necessary to carry out this paragraph. The head of an Executive agency may, in accordance with this subsection and without regard to any provision of chapter 33 of title 5, United States Code, (other than sections 3303 and 3328), appoint current and previous participants in the Pathways Program to positions in the competitive service. In addition to the requirements under this subsection, the Director may establish requirements for appointments under paragraph (1). A current or previous participant in the Internship Program described in subsection
(d)may be appointed under paragraph
(1)only if the participant— is a citizen of the United States; has completed not less than one year as a participant in the Internship Program while enrolled as a half- or full-time degree- or certificate-seeking student at an institution or program described in subsection (d)(1); in the 120-day period ending on the date on which such participant is appointed under paragraph (1), has completed a course of study at an institution or program described in subsection (d)(1); meets the qualification standards for the position to which the participant will be appointed, including any requirements of the Executive agency in which such position is located; and receives a favorable recommendation from an official of the Executive agency or agencies in which the participant served under the Internship Program. A current or previous participant in the Recent Graduates Program described in subsection
(e)may be appointed under paragraph
(1)only if the participant— is a citizen of the United States; has completed not less than one year of continuous service as a participant in the Recent Graduates Program, except that such one-year requirement shall be reduced by the amount of time, if any, the participant spent as a participant in the Internship Program described in subsection (d); has demonstrated successful performance of the responsibilities of each position to which the participant was assigned under the Recent Graduates Program; meets the qualification standards for the position to which the participant will be appointed, including any requirements of the Executive agency in which such position is located; and receives a recommendation for such appointment from the immediate supervisor of the participant under the Recent Graduates Program. A previous participant in the Presidential Management Fellows Program described in subsection
(f)may be appointed under paragraph
(1)only if the participant— is a citizen of the United States; successfully completed the Presidential Management Fellows Program in accordance with the standards set by the Office of Personnel Management and the relevant agency; for each position to which the participant was assigned under the Presidential Management Fellows Program— if the performance of the participant for such position was assessed under the performance appraisal program of the Executive agency in which this position was located, received a rating for such performance that is not less than fully successful or an equivalent rating; and for any other such position, demonstrated successful performance of the responsibilities of such position; meets the qualification standards for the position to which the participant will be appointed, including any requirements of the Executive agency in which such position is located; and receives a recommendation for such appointment from the immediate supervisor of the participant under the Presidential Management Fellows Program. Beginning one year after the date of the enactment of this Act, any program that may be established or operated under this section, Executive Order 13562 (75 Fed. Reg. 82583, relating to recruiting and hiring students and recent graduates), or Executive Order 13318 (68 Fed. Reg. 66317, relating to the Presidential Management Fellows Program) and any authority provided under this section and such Executive Orders, shall be deemed to be established, operated, and provided, as applicable, under this section. Section 3111a(c)(1) of title 5, United States Code, as amended by this Act, is further amended— by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (C), (D), and (E), respectively; by inserting after subparagraph
(A)the following: the Internship Program established under section 8 of the Building the Next Generation of Federal Employees Act; ; in subparagraph (D), as so redesignated, by inserting after (75 Federal Register 82525) the following: or the Internship Program established under section 8 of the Building the Next Generation of Federal Employees Act ; and in subparagraph (E)(i), as so redesignated, by inserting after (75 Federal Register 82525) the following: or the Internship Program established under section 8 of the Building the Next Generation of Federal Employees Act .
Connectionstraces to 2
Traces to 2 documents
2 references not yet in our index
- 75 FR 82583
- 68 FR 66317
Citation graph
cites case law
Sec. 8
Establishment of pathways program
Fed. Reg.75 FR 82583
Fed. Reg.68 FR 66317
Cites 4Cited by 0 across 0 sources