§ 362.104 Agency requirements

5 CFR 362.104(a)(a) Agency policy. To make any appointment under a Pathways authority, an agency must first establish a Pathways Policy. The Pathways Policy must:

5 CFR 362.104(a)(1)(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).

5 CFR 362.104(a)(2)(2) State the delegations of authority for the agency's use of the Pathways Programs (e.g., department-wide vs. bureaus or components).

5 CFR 362.104(a)(3)(3) Include any implementing policy or guidance that the agency determines would facilitate successful implementation and administration for each Pathways Program.

5 CFR 362.104(a)(4)(4) Prescribe criteria and procedures for agency-approved extensions for Recent Graduates, 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 CFR 362.104(a)(5)(5) Describe how the agency will design, implement, and document formal training and/or development, as well as the type and duration of assignments.

5 CFR 362.104(a)(6)(6) Include a commitment from the agency to:

5 CFR 362.104(a)(6)(i)(i) Provide to OPM any information it requests on the agency's Pathways Programs;

5 CFR 362.104(a)(6)(ii)(ii) Adhere to any caps on the Pathways Programs imposed by the Director;

5 CFR 362.104(a)(6)(iii)(iii) Provide information to OPM about opportunities for individuals interested in participating in the Pathways Programs, upon request from OPM;

5 CFR 362.104(a)(6)(iv)(iv) Provide a meaningful on-boarding process for each Pathways Program; and

5 CFR 362.104(a)(6)(v)(v) Provide OPM with the names of the agency's Pathways Programs Officer.

5 CFR 362.104(a)(7)(7) Identify the agency's Pathways Programs Officer (PPO), who:

5 CFR 362.104(a)(7)(i)(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);

5 CFR 362.104(a)(7)(ii)(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);

5 CFR 362.104(a)(7)(iii)(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

5 CFR 362.104(a)(7)(iv)(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.

5 CFR 362.104(a)(8)(8) 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).

5 CFR 362.104(a)(9)(9) Identify the minimum service-hour requirement that must be completed by an Intern as required by § 362.204.

5 CFR 362.104(a)(10)(10) An agency's Pathways Policy must be maintained and be available for review upon request of OPM, applicants, Pathways Programs participants, or agency employees.

5 CFR 362.104(b)(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.

5 CFR 362.104(c)(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.