[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Presidential Documents]
[Pages 82585-82589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33169]



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Part VII





The President





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Executive Order 13562--Recruiting and Hiring Students and Recent 
Graduates
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                         Presidential Documents 
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  Federal Register / Vol. 75, No. 248 / Thursday, December 30, 2010 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13562 of December 27, 2010

                
Recruiting and Hiring Students and Recent 
                Graduates

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including sections 3301 and 3302 of title 5, 
                United States Code, it is hereby ordered as follows:

                Section 1. Policy. The Federal Government benefits from 
                a diverse workforce that includes students and recent 
                graduates, who infuse the workplace with their 
                enthusiasm, talents, and unique perspectives. The 
                existing competitive hiring process for the Federal 
                civil service, however, is structured in a manner that, 
                even at the entry level, favors job applicants who have 
                significant previous work experience. This structure, 
                along with the complexity of the rules governing 
                admission to the career civil service, creates a 
                barrier to recruiting and hiring students and recent 
                graduates. It places the Federal Government at a 
                competitive disadvantage compared to private-sector 
                employers when it comes to hiring qualified applicants 
                for entry-level positions.

                To compete effectively for students and recent 
                graduates, the Federal Government must improve its 
                recruiting efforts; offer clear paths to Federal 
                internships for students from high school through post-
                graduate school; offer clear paths to civil service 
                careers for recent graduates; and provide meaningful 
                training, mentoring, and career-development 
                opportunities. Further, exposing students and recent 
                graduates to Federal jobs through internships and 
                similar programs attracts them to careers in the 
                Federal Government and enables agency employers to 
                evaluate them on the job to determine whether they are 
                likely to have successful careers in Government.

                Accordingly, pursuant to my authority under 5 U.S.C. 
                3302(1), and in order to achieve a workforce that 
                represents all segments of society as provided in 5 
                U.S.C. 2301(b)(1), I find that conditions of good 
                administration (specifically, the need to promote 
                employment opportunities for students and recent 
                graduates in the Federal workforce) make necessary an 
                exception to the competitive hiring rules for certain 
                positions in the Federal civil service.

                Sec. 2. Establishment. There are hereby established the 
                Internship Program and the Recent Graduates Program, 
                which, along with the Presidential Management Fellows 
                Program, as modified herein, shall collectively be 
                known as the Pathways Programs. I therefore direct the 
                Director of the Office of Personnel Management (OPM) to 
                issue regulations implementing the Pathways Programs 
                consistent with this order, including:

                    (a) a description of the positions that executive 
                departments and agencies (agencies) may fill through 
                the Pathways Programs because conditions of good 
                administration necessitate excepting those positions 
                from the competitive hiring rules;
                    (b) rules governing whether, to what extent, and in 
                what manner public notice should be provided of job 
                opportunities in the Pathways Programs;
                    (c) a description of career-development, training, 
                and mentorship opportunities for participants in the 
                Pathways Programs;
                    (d) requirements that managers meaningfully assess 
                the performance of participants in the Pathways 
                Programs to identify those who should be considered for 
                conversion to career civil service positions;
                    (e) a description of OPM oversight of agency use of 
                the Pathways Programs to ensure that (i) they serve as 
                a supplement to, and not a substitute for,

[[Page 82586]]

                the competitive hiring process, and (ii) agencies are 
                using the Pathways Programs in a genuine effort to 
                develop talent for careers in the civil service;
                    (f) a description of OPM plans to evaluate 
                agencies' effectiveness in recruiting and retaining 
                talent using the Pathways Programs and of the 
                satisfaction of Pathways Programs participants and 
                their hiring managers; and
                    (g) standard naming conventions across agencies, so 
                that students and recent graduates can clearly 
                understand and compare the career pathway opportunities 
                available to them in the Federal Government.

                Sec. 3. Internship Program. The Internship Program 
                shall provide students in high schools, community 
                colleges, 4-year colleges, trade schools, career and 
                technical education programs, and other qualifying 
                educational institutions and programs, as determined by 
                OPM, with paid opportunities to work in agencies and 
                explore Federal careers while still in school. The 
                Internship Program would replace the existing Student 
                Career Experience Program, established pursuant to 
                Executive Order 12015 of October 26, 1977. The 
                following principles and policies shall govern the 
                Internship Program:

                    (a) Participants in the program shall be referred 
                to as ``Interns'' and shall be students enrolled, or 
                accepted for enrollment, in qualifying educational 
                institutions and programs, as determined by OPM.
                    (b) Subject to any exceptions OPM may establish by 
                regulation, agencies shall provide Interns with 
                meaningful developmental work and set clear 
                expectations regarding the work experience of the 
                intern.
                    (c) Students employed by third-party internship 
                providers but placed in agencies may, to the extent 
                permitted by OPM regulations, be treated as 
                participants in the Internship Program.

                Sec. 4. Recent Graduates Program. 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 principles and policies 
                shall govern the Recent Graduates Program:

                    (a) Participants in the program shall be referred 
                to as ``Recent Graduates'' and must have obtained a 
                qualifying degree, or completed a qualifying career or 
                technical education program, as determined by OPM, 
                within the preceding 2 years, except that veterans who, 
                due to their military service obligation, were 
                precluded from participating in the Recent Graduates 
                Program during the 2-year period after obtaining a 
                qualifying degree or completing a qualifying program 
                shall be eligible to participate in the Program within 
                6 years of obtaining a qualifying degree or completing 
                a qualifying program.
                    (b) Responsibilities assigned to a Recent Graduate 
                shall be consistent with his or her qualifications, 
                educational background, and career interests, the 
                purpose of the Recent Graduates Program, and agency 
                needs.

                Sec. 5. Presidential Management Fellows Program. The 
                Presidential Management Fellows (PMF) Program is an 
                existing program established pursuant to Executive 
                Order 13318 of November 21, 2003, that aims to attract 
                to the Federal service outstanding men and women from a 
                variety of academic disciplines at the graduate level 
                who have a clear interest in, and commitment to, the 
                leadership and management of public policies and 
                programs. The following requirements shall govern the 
                PMF Program upon the revocation of Executive Order 
                13318, as provided in section 8 of this order:

                    (a) Participants in this program shall continue to 
                be known as Presidential Management Fellows (PMFs or 
                Fellows) and must have received, within the preceding 2 
                years, a qualifying advanced degree, as determined by 
                OPM.
                    (b) Responsibilities assigned to a PMF shall be 
                consistent with the PMF's qualifications, educational 
                background, and career interests, the purposes of the 
                PMF Program, and agency needs.

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                    (c) OPM shall establish the eligibility 
                requirements and minimum qualifications for the 
                program, as well as a process for assessing eligible 
                individuals for consideration for appointment as PMFs.

                Sec. 6. Appointment and Conversion. (a) Appointments to 
                any of the Pathways Programs shall be under Schedule D 
                of the excepted service, as established by section 7 of 
                this order.

                    (b) Appointments to the Recent Graduates or PMF 
                Programs shall not exceed 2 years, unless extended by 
                the employing agency for up to 120 days thereafter.
                    (c) Appointment to a Pathways Program shall confer 
                no right to further Federal employment in either the 
                competitive or excepted service upon the expiration of 
                the appointment, except that agencies may convert 
                eligible participants noncompetitively to term, career, 
                or career conditional appointments after satisfying 
                requirements to be established by OPM, and agencies may 
                noncompetitively convert participants who were 
                initially converted to a term appointment under this 
                section to a career or career-conditional appointment 
                before the term appointment expires.

                5 CFR Part 6

                [squf] PART 6--[AMENDED]

                Sec. 7. Implementation. (a) Civil Service Rule VI is 
                amended as follows:

(i) 5 CFR 6.1(a) is amended to read:

  OPM may except positions from the competitive service when it determines 
that (A) appointments thereto through competitive examination are not 
practicable, or (B) recruitment from among students attending qualifying 
educational institutions or individuals who have recently completed 
qualifying educational programs can better be achieved by devising 
additional means for recruiting and assessing candidates that diverge from 
the processes generally applicable to the competitive service. These 
positions shall be listed in OPM's annual report for the fiscal year in 
which the exceptions are made.

(ii) 5 CFR 6.2 is amended to read:

  OPM shall list positions that it excepts from the competitive service in 
Schedules A, B, C, and D, which schedules shall constitute parts of this 
rule, as follows:

Schedule A. Positions other than those of a confidential or policy-
determining character for which it is not practicable to examine shall be 
listed in Schedule A.

Schedule B. Positions other than those of a confidential or policy-
determining character for which it is not practicable to hold a competitive 
examination shall be listed in Schedule B. Appointments to these positions 
shall be subject to such noncompetitive examination as may be prescribed by 
OPM.

Schedule C. Positions of a confidential or policy-determining character 
shall be listed in Schedule C.

Schedule D. Positions other than those of a confidential or policy-
determining character for which the competitive service requirements make 
impracticable the adequate recruitment of sufficient numbers of students 
attending qualifying educational institutions or individuals who have 
recently completed qualifying educational programs. These positions, which 
are temporarily placed in the excepted service to enable more effective 
recruitment from all segments of society by using means of recruiting and 
assessing candidates that diverge from the rules generally applicable to 
the competitive service, shall be listed in Schedule D.

(iii) The first sentence of 5 CFR 6.4 is amended to read:

  Except as may be required by statute, the Civil Service Rules and 
Regulations shall not apply to removals from positions listed in Schedules 
A, C, or D or from positions excepted from the competitive service by 
statute.

The second sentence of 5 CFR 6.4 is to remain unchanged.

(iv) The first sentence of 5 CFR 6.6 is amended to read:

[[Page 82588]]

  OPM may remove any position from or may revoke in whole or in part any 
provision of Schedule A, B, C, or D.

The second sentence of 5 CFR 6.6 is to remain unchanged.

                    (b) The Director of OPM shall:

(i) promulgate such regulations as the Director determines may be necessary 
to implement this order;

(ii) provide oversight of the Pathways Programs;

(iii) establish, if appropriate, a Government-wide cap on the number of 
noncompetitive conversions to the competitive service of Interns, Recent 
Graduates, or PMFs (or a Government-wide combined conversion cap applicable 
to all three categories together);

(iv) administer, and review and revise annually or as needed, any 
Government-wide cap established pursuant to this subsection;

(v) provide guidance on conducting an orderly transition from existing 
student and internship programs to the Pathways Programs established 
pursuant to this order; and

(vi) consider for publication in the Federal Register at an appropriate 
time a proposed rule seeking public comment on the elimination of the 
Student Temporary Employment Program, established through OPM regulations 
at 5 CFR 213.3202(a).

                    (c) In accordance with regulations prescribed 
                pursuant to this order and applicable law, agencies 
                shall:

(i) use appropriate merit-based procedures for recruitment, assessment, 
placement, and ongoing career development for participants in the Pathways 
Programs;

(ii) provide for equal employment opportunity in the Pathways Programs 
without regard to race, ethnicity, color, religion, sex, national origin, 
age, disability, sexual orientation, or any other non-merit-based factor;

(iii) apply veterans' preference criteria; and

(iv) within 45 days of the date of this order, designate a Pathways 
Programs Officer (at the agency level, or at bureaus or components within 
the agency) to administer Pathways Programs, to serve as liaison with OPM, 
and to report to OPM on the implementation of the Pathways Programs and the 
individuals hired under them.

                Sec. 8. Prior Executive Orders. (a) Effective March 1, 
                2011, Executive Order 13162 (Federal Career Intern 
                Program) is superseded and revoked. Any individuals 
                serving in appointments under that order on March 1, 
                2011, shall be converted to the competitive service, 
                effective on that date, with no loss of pay or 
                benefits.

                    (b) On the effective date of final regulations 
                promulgated by the Director of OPM to implement the 
                Internship Program, Executive Order 12015 (pursuant to 
                which the Student Career Experience Program was 
                established), as amended, is superseded and revoked.
                    (c) On the effective date of final regulations 
                promulgated by the Director of OPM to implement changes 
                to the PMF Program required by this order, Executive 
                Order 13318 (Presidential Management Fellows Program), 
                as amended, is superseded and revoked.

                Sec. 9. General Provisions. (a) This order shall be 
                implemented consistent with applicable law and subject 
                to the availability of appropriations.

                    (b) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) authority granted by law, regulation, Executive Order, or Presidential 
Directive to an executive department, agency, or head thereof; or

(ii) functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party

[[Page 82589]]

                against the United States, its departments, agencies, 
                or entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 27, 2010.

[FR Doc. 2010-33169
Filed 12-29-10; 11:15 am]
Billing code 3195-W1-P