(a) Internship Program; Positions in the Internship Program. Agencies may make initial appointments of Interns under this authority at any grade level, depending on the candidates' qualifications. Appointments must be made in accordance with the provisions of subpart B of part 362 of this chapter.
(b) Recent Graduates Program; Positions in the Recent Graduates Program. (1) Agencies may make initial appointments of Recent Graduates at any grade level, not to exceed GS-09 (or equivalent level under another pay and classification system, including the Federal Wage System (FWS)), depending on the candidates' qualifications, and the position's requirements except that:
(i) Initial appointments to positions for science, technology, engineering, or mathematics (STEM) occupations may be made at the GS-11 level, if the candidate possesses a Ph.D. or equivalent degree directly related to the STEM position the agency is seeking to fill.
(ii) Initial appointments to scientific and professional research positions at the GS-11 level for which the classification and qualification criteria for research positions apply, if the candidate possesses a master's degree or equivalent graduate degree directly related to the position the agency is seeking to fill.
(iii) Initial appointments to scientific and professional research positions at the GS-12 level for which the classification and qualification criteria for research positions apply, if the candidate possesses a Ph.D. or equivalent degree directly related to the position the agency is seeking to fill.
(2) Appointments must be made in accordance with the provisions of subpart C of part 362 of this chapter.
[77 FR 28213, May 11, 2012, as amended at 90 FR 38606, Aug. 11, 2025]
Notes of Decisions
Cited in
8
cases (
6 in the last 5 years), 2015–2025 · leading case:
Harrison v. United States, 120 Fed. Cl. 533 (Fed. Cl. 2015).
Harrison v. United States, 120 Fed. Cl. 533 (Fed. Cl. 2015).
· cites it 2× “” 5 C.F.R. § 213.3402 (c). The PMF Program regulations also state that “[tjhe duration of the PMF appointment in the excepted service is a trial period,” 5 C.”
Jacob McCauley v. Dep't of the Interior (MSPB 2024).
· cites it 2× “On January 8, 2017, the agency appointed the appellant, a non-preference eligible, to an excepted service GS-05 Student Trainee (Maintenance Worker) position under the Pathways Student Internship Program, pursuant to 5 C.F.R. § 213.3402 (a). 2 Initial Appeal File (IAF), Tab 5 at…”
Brittany Sohbatzadehlanbar v. Dep't of the Navy (MSPB 2024).
· cites it 2× “Effective August 24, 2015, the appellant received an excepted-service appointment to the position of Electronics Engineer (Intern), GS-0855-07, with the Department of the Army pursuant to 5 C.F.R. § 213.3402 (b), the Pathways Recent Graduates Program, not to exceed 2 years plus…”
Dean Thap v. Soc. Sec. Admin. (MSPB 2016).
“BACKGROUND ¶2 Effective July 27, 2014, the agency appointed the nonpreference-eligible appellant to an excepted service Claims Representative position under the Pathways Recent Graduates Program (the Recent Graduates Program), pursuant to 5 C.F.R. § 213.3402 (b). 2 Initial…”
Tiffany Isaac v. Dep't of State (MSPB 2023).
“BACKGROUND ¶2 On November 29, 2015, the agency appointed the appellant, a nonpreference eligible, to an excepted-service GS-04 Student Trainee (Passport Specialist) position under the Pathways Internship Experience Program (IEP), pursuant to 5 C.F.R. § 213.3402 (a), Schedule D.…”
Jason Stein v. Dep't of the Army (MSPB 2022).
“806 generally applies only to individuals in the competitive service, and that an agency’s erroneous notice of appeal rights cannot expand the Board’s jurisdiction); 5 C.F.R. § 213.3402 (b) (listing the PRGP as an excepted-service appointment authority).”
Christina Palacios v. Soc. Sec. Admin. (MSPB 2024).
“BACKGROUND Effective September 15, 2014, the agency appointed the appellant, a non-preference eligible, to the position of Legal Administrative Specialist (Benefit Authorizer), pursuant to the Schedule D excepted service appointing authority in 5 C.F.R. § 213.3402 (b), the…”
Hannah Ragel v. Dep't of Def. (MSPB 2025).
“The Standard Form 50 (SF-50) documenting her appointment pursuant to 5 C.F.R. § 213.3402 (a) states that “[t]he duration of a pathways appointment .”
— 5 C.F.R. § 213.3402(c) — 1 case
Harrison v. United States, 120 Fed. Cl. 533 (Fed. Cl. 2015).
“” 5 C.F.R. § 213.3402 (c). The PMF Program regulations also state that “[tjhe duration of the PMF appointment in the excepted service is a trial period,” 5 C.”
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