Rule2021-17638
Hiring Authority for Post-Secondary Students
Primary source
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Published
August 18, 2021
Effective
September 17, 2021
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is issuing an interim rule, with an opportunity for comment, to amend its career and career- conditional employment regulations. The revision is necessary to implement section 1108 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, which requires OPM to issue regulations, in interim final form, implementing hiring authorities that allow agencies to hire certain post-secondary students into positions at specified grades in the competitive service. The intended effect of the authority is to provide additional flexibility in hiring eligible and qualified individuals.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46103-46109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17638]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 /
Rules and Regulations
[[Page 46103]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315, 316, and 330
RIN 3206-AN86
Hiring Authority for Post-Secondary Students
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim
rule, with an opportunity for comment, to amend its career and career-
conditional employment regulations. The revision is necessary to
implement section 1108 of the John S. McCain National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2019, which requires OPM
to issue regulations, in interim final form, implementing hiring
authorities that allow agencies to hire certain post-secondary students
into positions at specified grades in the competitive service. The
intended effect of the authority is to provide additional flexibility
in hiring eligible and qualified individuals.
DATES:
Effective date: This interim rule is effective September 17, 2021.
Comments due date: OPM must receive comments on or before October
18, 2021.
ADDRESSES: You may submit comments, identified by the docket number or
Regulation Identifier Number (RIN) for this proposed rulemaking, by the
following method:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for sending comments.
All submissions must include the agency name and docket number or
RIN for this rulemaking. Please arrange and identify your comments on
the regulatory text by subpart and section number; if your comments
relate to the supplementary information, please refer to the heading
and page number. All comments received will be posted without change,
including any personal information provided. Please ensure your
comments are submitted within the specified open comment period.
Comments received after the close of the comment period will be marked
``late,'' and OPM is not required to consider them in formulating a
final decision. Before acting on this proposal, OPM will consider all
comments we receive on or before the closing date for comments. Changes
to this proposal may be made in light of the comments we receive.
FOR FURTHER INFORMATION CONTACT: Monica Butler at (202) 606-0960, by
fax at (202) 606-4430, TDD at (202) 418-3134, or by email at
<a href="/cdn-cgi/l/email-protection#f4919984989b8db49b8499da939b82"><span class="__cf_email__" data-cfemail="7e1b130e1211073e110e1350191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 13, 2018, the President signed
Public Law 115-232, the National Defense Authorization Act (NDAA) for
Fiscal Year 2019 (i.e., the Act). Section 1108 of the Act established a
new hiring authority, codified at 5 U.S.C. 3116, for appointing certain
post-secondary students to certain positions in the competitive
service. This section also directs OPM to issue regulations to
implement this authority. Section 1108 of the Act also established a
hiring authority for appointments of college graduates. OPM is issuing
regulations to implement the hiring authority for college graduates in
a separate notification. (New section 3116 was amended by Pub. L. 116-
92, the NDAA for Fiscal Year 2020, which modified 5 U.S.C. 3116(d)(1).)
OPM is issuing interim regulations, with an opportunity for
comments, that will create a new subpart I of part 316, title 5, Code
of Federal Regulations (CFR), and revise part 330 Recruitment,
Selection, and Placement (General).
The interim rule for post-secondary students allows agencies to
make time-limited appointments per the statute of eligible individuals
directly into the competitive service, without regard to 5 U.S.C. 3309-
3319 and 3330. Readers should note that this new hiring authority is
separate and distinct from the programs authorized under the Executive
Order 13562 (establishing the Pathways Programs, which provide for
appointments in the excepted service for Interns, Recent Graduates, and
Presidential Management Fellows as described in 5 CFR part 362).
When using this authority, agencies must provide public
notification and follow merit system principles, in accordance with
Section 1108, as codified at 5 U.S.C. 3116 (The merit system principles
are codified at 5 U.S.C. 2301). Because section 1108 of the Act waives
the requirement for OPM to post a vacancy to be filled under this
authority that would otherwise apply (5 U.S.C. 3330), agencies are not
required to use <a href="http://www.USAJOBS.gov">www.USAJOBS.gov</a> (i.e., USAJOBS) to provide notice of
these vacancies. Agencies may wish to use USAJOBS, nevertheless, in
light of that system's ability to assist with the requirement to
collect demographic information. Agencies must advertise positions in a
manner that provides for ``diverse and qualified applicants,'' 5 U.S.C.
3116(c)(2)(B), ``ensure[s] that potential applicants have appropriate
information relevant to the position being filled,'' id. at
3116(c)(2)(C), and adhere[s] to merit system principles,'' id. at
3116(c)(2)(A). As indicated in 5 U.S.C. 3116, agencies must determine
whether an applicant meets the eligibility requirements for the Post-
Secondary Students hiring authority before giving that applicant
further consideration. Agencies must then assess whether an eligible
applicant meets the government-wide (i.e., OPM-established) or OPM-
approved agency-specific minimum qualification standard for the
position being filled.
Agencies are not required to provide selection priority to eligible
and qualified applicants entitled to selection priority in accordance
with 5 CFR part 330, subparts F and G, pertaining to Agency Career
Transition Assistance Plans (CTAP) and Interagency Career Transition
Assistance Plans (ICTAP). OPM has revised these subparts to include
exceptions to these provisions when appointments are made using this
Post-Secondary Student authority.
OPM has revised 5 CFR part 315, subpart G, to provide for non-
competitive conversion of Post-Secondary students.
Section 1108 of the Act also allows agencies to make appointments
without regard to any provision of 5 U.S.C. 3309 through 3319. An
agency may select any eligible individual who meets each minimum
qualification standard, without regard to the application of
[[Page 46104]]
veterans' preference, but, in accordance with new section
3116(c)(2)(A), must adhere to merit system principles, 5 U.S.C. 2301,
in so doing. Agencies may appoint individuals under this authority to
time-limited appointments in the competitive service at the grade
levels specified in 5 U.S.C. 3116.
OPM is adding a new Sec. 316.901 Agency authority establishing
that an agency may noncompetitively appoint an eligible and qualified
post-secondary student to any position in the competitive service, on a
time-limited basis, at the General Schedule (GS) 11 level or below (or
equivalent). An agency may appoint individuals, on a time-limited
basis, to a temporary appointment (for an initial period not to exceed
1 year), or a term appointment (for an initial period expected to last
more than 1 year but less than 4 years), to coincide with the
individual's academic curriculum and calendar. In either case, an
agency may extend an initial appointment for a period that will allow
the student to complete his or her degree requirements, provided the
criteria for the student appointment continue to be met. Appointments
made under this authority, however, are nevertheless subject to the
time limitations in 5 CFR part 316, unless the agency obtains OPM's
permission to extend in individual cases. For example, an agency hires
a student who is expected to complete his or her degree within 8
months. The agency would place the student on a temporary appointment
(i.e., the initial appointment is expected to last for up to 1 year).
If the student takes longer than expected to complete his or her
degree, the agency may extend the initial appointment for up to an
additional year, for a total of 24 months. Any extensions beyond 24
months would require OPM approval. As another example an agency hires a
student who is expected to complete his or her degree within 18 months.
The agency would place the student on a term appointment not to exceed
4 years (i.e., the initial appointment is expected to last for more
than 1 year but not more than 4 years). If the student takes longer
than expected to complete his or her degree, the agency may extend the
initial appointment up to the 4-year limit in increments determined by
the agency. The public notification should state that the agency has
the option of extending a term appointment made under these provisions
up to the 4-year limit. Any extensions beyond the 4-year limit would
require OPM approval. Following publication of this rule, OPM will
consider crafting a proposed rule to permit delegation of such
extensions to agency heads.
Interim Sec. 316.902 Eligibility defines an eligible post-
secondary student as an individual who is enrolled or accepted for
enrollment in an institution of higher education and pursuing a
baccalaureate or graduate degree on at least a part-time basis as
determined by the academic institution. An institution of higher
education is an entity defined by the Higher Education Act of 1965, in
a section codified at 20 U.S.C. 1001(a).
Interim Sec. 316.903 Qualifications explains that individuals
appointed under this authority must meet the government-wide OPM-
prescribed minimum qualification standard, or OPM-approved agency-
specific qualification standard, for the position being filled.
Interim Sec. 316.904 Classification establishes that positions
filled under this authority must be classified under the General
Schedule or appropriate pay plan to the -99 series of the appropriate
occupational group. This section also explains that positions filled
under the Federal Wage System must be classified to the -01 series of
the appropriate occupational group. Agencies may refer to OPM's,
``Introduction to the Position Classification Standards'' at <a href="https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf">https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf</a>
for a definition of these positions. In addition, agencies can refer to
the ``Handbook of Occupational Groups and Families'' available at
<a href="https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf">https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf</a>.
Students may not be promoted while serving on the temporary
appointment (i.e., an appointment not expected to exceed 1 year).
Students may be converted to a new temporary appointment at a higher
grade/band level provided the student meets the qualification
requirements for the higher grade/band position.
Interim Sec. 316.905 Public notification contains the public
notification requirements agencies must follow when using this
provision. This section explains that if an agency using this authority
does not use USAJOBS to post the position, it must post a job
announcement on its home page, or at a minimum, provide a link
displayed on the hiring agency's website to the job announcement.
Agencies are free to additionally post announcements directly on 3rd
party recruitment boards, (e.g., LinkedIn, Monster, Yello) as long as
the agency's homepage also includes a link to a specific announcement.
This section also explains that the job announcement must include
information about the position being filled to include: The position's
title, series, grade level, minimum qualifications, and geographic
location; the position's salary; whether the position will be filled on
a temporary or term basis (and in the case of a term appointment
whether they agency will extend the appointment up to the 4-year
limit); whether individuals in the position will be eligible for
promotion; the potential for conversion to the agency's permanent
workforce; and any pertinent flexibilities that may be offered in
conjunction with the position (e.g., telework opportunities or student
loan repayments); and information on how to apply. This section also
requires the agency to adhere to the merit system principles and
perform appropriate recruiting and advertising activities to foster a
diverse and qualified applicant pool when using the authority.
Interim Sec. 316.906 Acquisition of competitive status explains
that competitive status is acquired only upon completion of a
probationary period (in accordance with 5 CFR part 315, subpart H),
after any non-competitive conversion to a permanent appointment
pursuant to this subpart. Time spent on a time-limited appointment
under this subpart may count toward fulfillment of the probationary
period in accordance with 5 CFR 315.802(b).
Interim Sec. 316.907 Tenure upon appointment states that an
individual appointed under this provision becomes a career or career-
conditional employee only upon completion of the individual's academic
requirements and non-competitive conversion to a permanent appointment,
unless the individual has already satisfied the requirements for career
tenure or is exempt from the service requirement in Sec. 315.201.
Interim Sec. 316.908 Break in program defines break in program as
a period of time when a student is working but is unable to go to
school or is neither attending classes nor working at the agency. The
intent of the program is for students to either attend classes, work at
the agency or both. An agency may use its discretion in either
approving or denying a request for a break in program.
Interim Sec. 316.909 Promotion explains that post-secondary
students appointed for an initial period expected to last more than 1
year but less than 4 years under this part may be promoted
noncompetitively provided the
[[Page 46105]]
individual meets the qualification requirements for the higher grade
position and time in grade requirements in 5 CFR part 300, subpart F,
and the job announcement used to fill the original position mentioned
the possibility of promotions to higher grade levels. Students on
initial appointments for less than 1 year are not eligible for
promotion.
Interim Sec. 316.910 Conversion establishes that an agency may
convert a post-secondary student to a permanent appointment in the
competitive service, within that same agency, without further
competition if the student has completed the course of study leading to
a baccalaureate or graduate degree and meets the qualification
standards for the position to which converted. We have added Sec.
315.201(b)(1)(xvii) to indicate that upon conversion, the time served
by a post-secondary student under this authority is creditable toward
career tenure and may count towards fulfillment of the probationary
period in accordance with Sec. 315.802(b).
Interim Sec. 316.911 Reduction in Force (RIF), specifies the
tenure groups that post-secondary students are placed in for purposes
of 5 CFR part 351. Individuals whose initial appointment is for a
period not to exceed 1 year are placed in tenure group 0. Individuals
whose initial appointment is for a period expected to last more than 1
year are placed in tenure group III for purposes of 5 CFR part 351.
Interim Sec. 316.912 Termination explains that any appointment
made under this authority expires upon the not-to exceed date of that
appointment, unless the agency extends the appointment prior to
expiration, if not earlier. An agency must terminate the appointment of
a student after completion of the individual's academic course of
study, unless the student is noncompetitively converted to a permanent
position in the competitive service as specified in interim Sec.
316.914.
Interim Sec. 316.913 Numerical limit on the number of appointments
describes the restrictions on the number of appointments an agency may
make using this authority in a fiscal year (FY). Section 1115 of the
NDAA for FY2020 amended 5 U.S.C. 3116(d), limiting the total number of
students eligible to be appointed under the expedited hiring authority
for post-secondary students. This section specifies that the number of
appointments in any FY may not exceed 15 percent of the number of
students appointed during the previous fiscal year to positions at the
GS-11 level, or below (or equivalent). An appointing agency may not
count appointments made using direct hire authorities, non-competitive
authorities, excepted service authorities (except Pathways Internship
Program appointments under Sec. 213.3402 (a) and 5 CFR part 362,
subpart B), or selections under merit promotion authorities, when
establishing the limit for a given fiscal year. An agency must count
hires through programs that provide for conversion to the competitive
service after a trial period, such as the Pathways Intern Program. In
calculating this limitation agencies may round up or down to the
nearest whole number, if necessary, to eliminate a decimal place.
Values ending in ``.5'' or more may be rounded up to the nearest whole
number in determining an agency's cap limitation. Values ending in less
than ``.5'' should be rounded down to the nearest whole number in
determining an agency's limitation. For example, 15% of 217 is 32.55,
which should be rounded up to 33 or 15% of 235 is 35.25, which should
be rounded down to 35. This section also provides that OPM may
establish a lower percentage limitation based on any factor OPM deems
appropriate. OPM shall notify agencies via the OPM website and other
venues (such as the Chief Human Capital Officer's Council) of any
changes to the numerical limitation, applicable governmentwide. Changes
to the numerical limit for an individual agency will be communicated
directly to the agency.
Interim Sec. 316.914 Reporting Requirements, in paragraph (a),
describes the type of data and frequency at which agencies must provide
information to the Congress and OPM on their use of this authority.
Agencies will be required to provide data on the total number of
appointments; the grade levels and occupational series of the positions
filled; the numerical limit established for the authority; the number
of those appointed who have been separated; recruitment activities; and
any difficulties encountered in using the authority. OPM will provide
written guidance, around the time this rule is published, describing
the means by which agencies should collect this information, the timing
of such collections, and the groups as to which information should be
collected.
Interim Sec. 316.914(b) establishes that OPM may request from
agencies any additional information it deems necessary to further
evaluate the impact and effectiveness of this authority.
Interim Sec. 316.915 describes the special provisions on the use
of the authority by Department of Defense (DoD) in relation to other
DoD specific hiring authorities.
Waiver of Proposed Rulemaking
Section 3116 of title 5, U.S. Code, as enacted by section 1108 of
Public Law 115-232, the John S. McCain National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2019, directs this rulemaking shall be
through ``interim regulations, with an opportunity to comment.''
Therefore, the general notice of proposed rulemaking typically required
under 5 U.S.C. 553(b) and 1103(b) is statutorily waived for this rule.
Expected Impact of This Interim Rule
This statute provides Federal agencies with authority to hire
interns under a new scheme designed to facilitate an effective pipeline
of new prospects for potential permanent appointment to help sustain
the Federal workforce. OPM is issuing this rule to implement 5 U.S.C.
3116. This statute establishes a hiring authority for interns into
positions at specified grade levels in the competitive service. This
regulation allows agencies to make appointments of post-secondary
students directly into the competitive service positions, without
regard to rating, ranking, veterans' preference, and public notice
provisions in 5 U.S.C. 3309-3319 and 3330. The purpose of the authority
is to provide a useful tool as part of an overall strategy to implement
strategic workforce and recruitment plans.
Costs
This interim final rule will affect the operations of over 80
Federal agencies--ranging from cabinet-level departments to small
independent agencies. We estimate that this rule will require
individuals employed by these agencies to develop policies and
procedures to implement the rule and perform outreach and recruitment
activities when using the authority. For the purpose of this cost
analysis, the assumed average salary rate of Federal employees
performing this work will be the rate in 2021 for GS-14, step 5, from
the Washington, DC, locality pay table ($138,866 annual locality rate
and $66.54 hourly locality rate). We assume that the total dollar value
of labor, which includes wages, benefits, and overhead, is equal to 200
percent of the wage rate, resulting in an assumed labor cost of $133.08
per hour.
In order to comply with the regulatory changes in this interim
final rule, affected agencies will need to review the rule and update
their policies and procedures. We estimate that, in the first year
following publication of the final rule, this will require an average
of 250 hours of work by employees with an
[[Page 46106]]
average hourly cost of $133.08. This would result in estimated costs in
that first year of implementation of about $33,270 per agency, and
about $2,661,600 in total Governmentwide. We do not believe this rule
will substantially increase the ongoing administrative costs to
agencies (including the administrative costs of administering the
program and hiring and training new staff).
Benefits
This authority will allow agencies to use strategic recruiting to
hire post- secondary students to fill professional and administrative
positions at general schedule (GS) 11 level and below. When using the
authority agencies will have additional flexibility in how these
students are hired. Federal agencies would determine recruitment
sources and processes for the solicitation of applications and would be
held responsible for merit-based selections. This authority when
combined with agencies strategic recruitment plans may help agencies
better recruit to fill mission critical occupations.
This flexibility is critical to agencies' ability to continue to
meet current and future mission needs. Intern programs allow agencies
to hire students, while in school, and provide them with on-the-job
training to prepare them for a career in the Federal Government. It
also introduces students to the wide range of occupations and
employment opportunities that the Federal Government employs and
offers. In FY 2020, the Federal Government hired fewer than 5,925
students Government-wide (a small portion of the number of interns
hired under other authorities). The low number of intern hires is
insufficient to build the pipeline needed to sustain the Federal
Workforce.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). In accordance with the
provisions of Executive Order 12866, this rule was reviewed by the
Office of Management and Budget as a significant, but not economically
significant rule.
Regulatory Flexibility Act
The Director of the Office of Personnel Management certifies that
this rule will not have a significant economic impact on a substantial
number of small entities.
Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C.
801 et seq.) requires rules to be submitted to Congress before taking
effect. OPM will submit to Congress and the Comptroller General of the
United States a report regarding the issuance of this rule before its
effective date, as required by 5 U.S.C. 801. The Office of Information
and Regulatory Affairs in the Office of Management and Budget has
determined that this rule is not a major rule as defined by the CRA (5
U.S.C. 804). The Office of Information and Regulatory Affairs in the
Office of Management and Budget has determined that this rule is not a
major rule as defined by the CRA (5 U.S.C. 804).
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521)
This final regulatory action will not impose any additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects in 5 CFR Parts 315, 316 and 330
Government employees.
Office of Personnel Management.
Steve Hickman,
Federal Register Liaison.
Accordingly, OPM is amending parts 315, 316, and 330 of title 5,
Code of Federal Regulations, as follows:
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
1. The authority citation for part 315 continues to read as follows:
Authority: 5 U.S.C. 1302, 2301, 2302, 3301, and 3302; E.O.
10577, 3 CFR, 1954-1958 Comp. p. 218, unless otherwise noted; E.O.
13162, and E.O. 13839. Secs. 315.601 and 315.609 also issued under
22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under
5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec.
315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp. p.111. Sec.
315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp. p. 303.
Sec. 315.607 also issued under 22 U.S.C. 2506. Sec. 315.608 also
issued under E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. 315.610 also
issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5
U.S.C. 3304(f). Sec. 315.612 also issued under E.O. 13473. Sec.
315.708 also issued under E.O.13318, 3 CFR, 2004 Comp. p. 265. Sec.
315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp. p. 229.
Subpart I also issued under 5 U.S. C. 3321, E.O. 12107, 3 CFR, 1978
Comp. p. 264.
Subpart B--The Career-Conditional Employment System
0
2. Amend Sec. 315.201 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(1)(xv);
0
b. Removing the period at the end of paragraph (b)(1)(xvi) and adding
``; and'' in its place; and
0
c. Adding paragraph (b)(1)(xvii).
The addition reads as follows:
Sec. 315.201 Service requirement for career tenure.
* * * * *
(b) * * *
(1) * * *
(xvii) The date of a time-limited post-secondary student
appointment under subpart F of this part provided the appointment is
converted to career or career-conditional appointment under 5 CFR part
316, subpart I.
* * * * *
Subpart G--Conversion to Career or Career-Conditional Employment
From Other Types of Employment
0
3. Add Sec. 315.714 to read as follows:
Sec. 315.714 Conversion based on service in a post-secondary student
appointment under part 316, subpart I, of this chapter.
(a) Agency authority. An agency may convert to a career or career-
conditional appointment from a time-limited
[[Page 46107]]
appointment pursuant to 5 CFR part 316, subpart I, without further
competition.
(b) Eligibility. To be eligible for conversion the post-secondary
student must:
(1) Have completed the course of study leading to the baccalaureate
or graduate degree (or certificate as appropriate);
(2) Have completed not less than 640 hours of current continuous
employment in an appointment under Sec. 316.902 of this chapter;
(3) Meet the OPM qualification standards for the position to which
the student will be converted; and
(4) Meet the time-in-grade requirements in accordance with 5 CFR
part 300, subpart F.
(c) Tenure on conversion. An employee whose employment to career or
career-conditional employment under this section becomes:
(1) A career-conditional employee except as provided in paragraph
(c)(2) of this section; or
(2) A career employee when he or she has completed the service
requirement for career tenure or is excepted from it by Sec.
315.201(c).
(d) Acquisition of competitive status. A post-secondary student
converted from time limited employment under this section acquires
competitive status upon completion of probation.
PART 316--TEMPORARY AND TERM EMPLOYMENT
0
4. Revise the authority citation for part 316 to read as follows:
Authority: 5 U.S.C. 3116, 3301, 3302; E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 218.
0
5. Add subpart I, consisting of Sec. Sec. 316.901 through 316.915, to
read as follows:
Subpart I--Hiring Authority for Post-Secondary Students
Sec.
316.901 Appointment authority.
316.902 Eligibility.
316.903 Qualifications.
316.904 Classification.
316.905 Public notification.
316.906 Acquisition of competitive status.
316.907 Tenure upon appointment.
316.908 Breaks in program.
316.909 Promotion.
316.910 Conversion.
316.911 Reduction in force.
316.912 Termination.
316.913 Numerical limit on the number of appointments.
316.914 Reporting requirement.
316.915 Special provisions for Department of Defense.
Sec. 316.901 Appointment authority.
In accordance with the provisions of this section, an agency may
make a time-limited appointment of an eligible and qualified post-
secondary student, to any position in the competitive service, at the
General Schedule (GS) 11 level or below (or equivalent), without regard
to the provisions of 5 U.S.C. 3309 through 3319 and 3330. An agency may
appoint an individual for an initial period not to exceed 1 year, or
for an initial period expected to last more than 1 year but less than 4
years, in accordance with Sec. Sec. 316.401(c)(1) and 316.301(a) and
(b), respectively, to coincide with the individual's academic
curriculum. In either case an agency may extend or seek extension from
OPM, as appropriate in accordance with this part, of an initial
appointment for a period that will allow the post-secondary student to
complete his or her academic requirements leading to the awarding of a
degree or certificate, as appropriate.
Sec. 316.902 Eligibility.
A post-secondary student means an individual who:
(a) Is enrolled or accepted for enrollment in an institution of
higher education as defined by the Higher Education Act of 1965, in a
section codified at 20 U.S.C.1001(a); and
(b) Is pursuing a baccalaureate or graduate degree on at least a
part-time basis, as determined by the institution of higher education;
and
(c) Meets the minimum qualification standards prescribed or
approved by OPM for the position to which the individual is being
appointed.
Sec. 316.903 Qualifications.
Agencies must evaluate eligible post-secondary students using the
government-wide OPM prescribed minimum qualification standard or an
OPM-approved agency-specific qualification standard for the position
being filled.
Sec. 316.904 Classification.
Post-secondary student positions under the General Schedule or
appropriate pay plan must be classified to the -99 series of the
appropriate occupational group. Federal Wage System positions filled
under the authority in this subpart must be classified to the -01
series of the appropriate occupational group. Agencies may refer to
OPM's, ``Introduction to the Position Classification Standards'' at
<a href="https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf">https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf</a> for a definition of these positions. In
addition, agencies can refer to the ``Handbook of Occupational Groups
and Families'' available at <a href="https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf">https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf</a>.
Sec. 316.905 Public notification.
An agency must adhere to merit system principles and thus must
provide public notification in a manner that recruits qualified
individuals from appropriate sources in an endeavor to draw from all
segments of society, before filling a position under the authority in
this subpart. An agency may, but is not required to, use USAJOBS for
this purpose. If the agency does not use USAJOBS to meet the
requirements in this section, it must, at a minimum, publicly display
information about the position to be filled on its public facing home
page. An agency may, alternatively, provide an actual job announcement
on its public facing home page or provide a link to the job
announcement on its public facing home page. The agency should consider
whether additional recruitment and advertisement activities are
necessary or appropriate to further merit system principles. A job
announcement must include, at a minimum, the following information:
(a) The position title, series, grade level;
(b) The geographic location where the position will be filled;
(c) The starting salary of the position;
(d) The minimum qualifications of the position;
(e) Whether the individual in the position will be eligible for
promotion to higher grade levels;
(f) The time-limit applicable to the position, and in the case of a
term appointment the vacancy announcement must state that the agency
has the option of extending the term appointment up to the 4-year limit
(if applicable);
(g) The potential for conversion to the agency's permanent
workforce;
(h) Any other relevant information about the position such as
telework opportunities, recruitment incentives, etc.; and
(i) Specific information instructing applicants on how to apply for
the position.
Sec. 316.906 Acquisition of competitive status.
Time spent on a time-limited appointment under this part may count
toward fulfillment of a probation period
[[Page 46108]]
in accordance with Sec. 315.802(b) of this chapter. A student
appointed under Sec. 316.901 acquires competitive status only upon
completion of probationary period after any conversion, in accordance
with the provisions of 5 CFR part 315, subpart H.
Sec. 316.907 Tenure upon appointment.
An individual appointed under Sec. 316.901 becomes a career-
conditional employee upon completion of academic requirements and
noncompetitive conversion to a permanent appointment in accordance with
Sec. 316.910, unless the individual has already satisfied the
requirements for career tenure or is exempt from the service
requirement pursuant to Sec. 315.201 of this chapter.
Sec. 316.908 Breaks in program.
A break in program is defined as a period of time when a student is
working for the agency but is unable to go to school, or is neither
attending classes nor working for the agency. An agency may use its
discretion in either approving or denying a request for a break in
program.
Sec. 316.909 Promotion.
An agency may promote a student appointed for an initial period
expected to last more than 1 year but less than 4 years provided the
student meets the qualification requirements for the higher graded
position, time in grade requirements in 5 CFR part 300, subpart F, and
the public notification for the position filled by the student stated
the potential for promotion and specified a career ladder.
Sec. 316.910 Conversion.
An agency may convert a student serving in an appointment under the
authority in this subpart, prior to the expiration date of the
appointment, to a permanent position in the competitive service within
the agency without further competition if the student:
(a) Has completed the course of study leading to the baccalaureate
or graduate degree (or certificate as appropriate);
(b) Has completed not less than 640 hours of current continuous
employment in an appointment under Sec. 316.902;
(c) Meets the OPM qualification standards for the position to which
the student will be converted; and
(d) Meets the time-in-grade requirements in accordance with 5 CFR
part 300, subpart F.
Sec. 316.911 Reduction in force.
(a) Reduction in force. Post-secondary students are covered by part
351 of this chapter for purposes of reduction in force (RIF).
(1) Students whose initial appointment was for a period of 1 year
or less are not assigned a tenure group and do not compete with other
employees in a RIF.
(2) Students whose initial appointment was for a period expected to
last more than 1 year are placed in Tenure Group III for purposes of
part 351 of this chapter.
(b) [Reserved]
Sec. 316.912 Termination.
(a) Any appointment made under the authority in this subpart
expires on the not-to-exceed date of that appointment unless the agency
extends the appointment prior to expiration.
(b) An agency must terminate any student without regard to any
provision of 5 U.S.C. chapter 35 or 75, who:
(1) Does not maintain eligibility in accordance with Sec. Sec.
316.902 and 316.910; or
(2) Is not converted in accordance with Sec. 316.910.
Sec. 316.913 Numerical limit on the number of appointments.
(a) Except as provided in paragraph (b) of this section, the total
number of students that an agency may appoint under this section during
a fiscal year may not exceed the number equal to 15 percent of the
number of students the agency head appointed during the previous fiscal
year to a position at the GS-11 level or below (or equivalent). An
appointing agency may not count appointments made using direct hire
authorities, non-competitive authorities, excepted service authorities
other than Pathways Internship Program appointments under Sec.
213.3402(a) of this chapter and 5 CFR part 362, subpart B, or
selections under merit promotion authorities, when establishing the
limit for a given fiscal year.
(b) OPM may establish a lower limitation on the number of students
that may be appointed by an agency under paragraph (a) of this section
during a fiscal year based on any factor OPM considers appropriate. OPM
shall notify agencies via the OPM website and other venues (such as the
Chief Human Capital Officer's Council) of any changes to the numerical
limitation, applicable governmentwide. Changes to the numerical limit
for an individual agency will be communicated directly to the agency.
Sec. 316.914 Reporting requirement.
(a) Not later than September 30 of each of the first three (3)
fiscal years beginning after August 13, 2018, when 5 U.S.C. 3116 was
enacted, an agency that makes an appointment under this subpart must
submit a report to Congress and OPM on the impact of its use of the
authority in this subpart during the fiscal year in which the report is
submitted. OPM will provide written guidance describing the means by
which agencies should collect this information, the timing of such
collections, and the groups as to which information should be
collected. The report must contain the following information:
(1) The total number of individuals appointed by the agency under
the authority in this subpart by position title, series, grade, and
geographic location of the position, and type of appointment;
(2) The number of individuals appointed under the authority in this
subpart by the items identified in 5 U.S.C. 3116(h), and in OPM
guidance;
(3) The number of veterans appointed, as defined in 5 U.S.C. 2108;
(4) Any numerical limitation established by the agency in
accordance with Sec. 316.913;
(5) The recruitment sources and methods used by the agency to fill
positions;
(6) The total number of individuals appointed by the agency during
the applicable fiscal year to a position in the competitive service
classified in a professional or administrative occupational category at
the GS-11 level or below (or equivalent);
(7) The number of individuals appointed under the authority that
have been separated;
(8) Information on difficulties encountered when using the
authority; and
(9) The number of employees converted to permanent positions under
the authority in this subpart.
(b) OPM may request additional information from agencies on their
use of the authority in this subpart. An agency must include in its
report to Congress and OPM any additional information required by OPM
under this section.
Sec. 316.915 Special provisions for Department of Defense.
This subpart does not preclude the Secretary of Defense from
exercising authority to appoint a post-secondary student under Public
Law 114-328, Section 1106. Additionally, this subpart does not apply to
the Department of Defense during the period that Public Law 114-328,
Section 1106, is effective.
[[Page 46109]]
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
0
6. Revise the authority citation for part 330 to read as follows:
Authority: 5 U.S.C. 1104, 1302, 3116, 3316, 3301, 3302, 3304,
and 3330; E.O. 10577, 19 FR 7521, 3 CFR, 1954-58 Comp., p. 218;
Section 330.103 also issued under 5 U.S.C. 3327; Section 330.104
also issued under sec. 2(d), Pub. L. 114-137, 130 Stat. 310; Subpart
B also issued under 5 U.S.C. 3315 and 8151; Section 330.401 also
issued under 5 U.S.C. 3310; Subparts F and G also issued under
Presidential Memorandum on Career Transition Assistance for Federal
Employees, September 12, 1995; Subpart G also issued under 5 U.S.C.
8337(h) and 8456(b); Section 330.707 also issued under 5 U.S.C. 3115
and 3116.
Subpart F--Agency Career Transition Assistance Plan (CTAP) for
Local Surplus and Displaced Employees
0
7. Amend Sec. 330.609 by:
0
a. Removing the word ``and'' at the end of paragraph (e)(2);
0
b. Adding the word ``and'' at the end of paragraph (e)(3);
0
c. Adding paragraph (e)(4);
0
d. Removing the word ``or'' at the end of paragraph (cc);
0
e. Removing the period at the end of paragraph (dd) and adding a
semicolon in its place;
0
f. Removing the period at the end of paragraph (ee) and adding ``; or''
in its place; and
0
g. Adding reserve paragraph (ff) and paragraph (gg).
The additions read as follows:
Sec. 330.609 Exceptions to CTAP selection priority.
* * * * *
(e) * * *
(4) A post-secondary student appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
* * * * *
(gg) Make an appointment using the post-secondary student hiring
authority under 5 U.S.C. 3116 and part 316, subpart I, of this chapter.
Subpart G--Interagency Career Transition Assistance Plan (ICTAP)
for Displaced Employees
0
8. Amend Sec. 330.707 by:
0
a. Removing the word ``and'' at the end of paragraph (h)(2);
0
b. Adding the word ``and'' at the end of paragraph (h)(3);
0
c. Adding paragraph (h)(4);
0
d. Removing the word ``or'' at the end of paragraph (u);
0
e. Removing the period at the end of paragraph (v) and adding ``; or''
in its place; and
0
f. Adding reserve paragraphs (w) and (x) and paragraph (y).
The additions read as follows:
Sec. 330.707 Exceptions to ICTAP selection priority.
* * * * *
(h) * * *
(4) A post-secondary student appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
* * * * *
(y) Make an appointment using the post-secondary student hiring
authority under 5 U.S.C. 3116 and part 316, subpart I, of this chapter.
[FR Doc. 2021-17638 Filed 8-17-21; 8:45 am]
BILLING CODE 6325-39-P
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