Rule2021-23871
Hiring Authority for College Graduates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Effective
December 6, 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 the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, which requires OPM to issue regulations, in interim final form, establishing hiring authorities for college graduates 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
<html>
<head>
<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61043-61047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23871]
========================================================================
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. 212 / Friday, November 5, 2021 /
Rules and Regulations
[[Page 61043]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315 and 330
RIN 3206-AN79
Hiring Authority for College Graduates
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
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 the John S. McCain National Defense Authorization Act (NDAA)
for Fiscal Year (FY) 2019, which requires OPM to issue regulations, in
interim final form, establishing hiring authorities for college
graduates 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 December 6, 2021.
Comments due date: OPM must receive comments on or before January
4, 2022.
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. Before
finalizing this rule, OPM will consider all comments we receive on or
before the closing date for comments. OPM may make changes to the final
rule in light of the comments we receive.
FOR FURTHER INFORMATION CONTACT: Katika Floyd 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#2b4e465b4744526b445b46054c445d"><span class="__cf_email__" data-cfemail="4b2e263b2724320b243b26652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 13, 2018, the President signed
Public Law 115-232, the National Defense Authorization Act for Fiscal
Year 2019, (i.e., the Act). Section 1108 of the Act established a new
hiring authority, codified at 5 U.S.C. 3115, for appointing college
graduates into positions at specified grades in the competitive
service. This section also directs OPM to issue regulations, on an
interim final basis, to implement this authority. Section 1108 of the
Act also established a hiring authority for the time-limited
appointments of Post-Secondary Students. OPM will issue regulations to
implement the hiring authority for Post-Secondary students in a
separate notice.
OPM is issuing interim regulations, with an opportunity for
comments, that will create a new section 315.614 in subpart F of part
315, title 5, Code of Federal Regulations (CFR), and revise part 330
Recruitment, Selection, and Placement (General) to implement these
provisions.
The interim rule for college graduates allows agencies to make
appointments 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
Pathways Program and other programs for recent graduates authorized
under the Executive Order 13562 (establishing the Pathways Programs,
and providing for appointments in the excepted service for Interns,
Recent Graduates, and Presidential Management Fellows as defined in
that Order).
When using this authority, agencies must provide public
notification in accordance with Section 1108, as codified at 5 U.S.C.
3315, and the merit system principles, and notify OPM, in accordance
with 5 U.S.C. 3327(b). 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. Although posting on USAJOBS is optional, 5 U.S.C. 3327
requires agencies to notify OPM of the vacancies they intend to fill
under this authority. OPM will provide additional information on
meeting the requirements of 5 U.S.C. 3327(b) in supplemental guidance.
Agencies may wish to use USAJOBS, nevertheless, in light of that
system's ability to assist with the requirement to collect demographic
information. Moreover, agencies must, pursuant to 5 U.S.C. 3327(b),
notify OPM of positions to be filled through this authority, whether or
not an agency uses USAJOBS. Agencies must advertise positions in a
manner that provides for ``diverse and qualified applicants,'' 5 U.S.C.
3115(d)(2)(B), and ``ensure[s] that potential applicants have
appropriate information relevant to the positions'' being filled. Id.
at 3115(d)(2)(C). As indicated in 5 U.S.C. 3115(c), agencies must
determine whether an applicant meets the eligibility requirements for
the College Graduates hiring authority before giving that applicant
further consideration. Agencies must then assess whether an eligible
applicant meets the government-wide (i.e., OPM-approved) 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 the
college graduate authority.
Section 1108 of the Act also allows agencies to make appointments
without regard to any provision of sections 3309 through 3319 of title
5. An agency may select any eligible individual who meets each minimum
qualification standard, without regard to the application of veterans'
preference, but must follow merit system principles, 5 U.S.C. 2301, in
so doing. Agencies may appoint
[[Page 61044]]
individuals under this authority to career or career conditional
appointments (as appropriate) in the competitive service at the grade
levels specified in 5 U.S.C. 3115.
OPM is adding a new Sec. 315.614,
Interim Sec. 315.614(a) Agency authority establishes that an
agency may noncompetitively appoint an eligible and qualified College
Graduate to any position classified by OPM in the administrative or
professional series at or below the General Schedule (GS) 11 level (or
equivalent).
Interim Sec. 315.614(b) Eligibility defines an eligible College
Graduate as an individual who has received a bachelors or advanced
degree within two years of submitting an application for employment
under this authority. For these purposes, a baccalaureate or graduate
degree must be obtained from an institution of higher education in
accordance with section 101(a) of the Higher Education Act of 1965, as
codified at 20 U.S.C. 1001(a). The two-year eligibility period begins
on the date the degree is received, not the date of the graduation
ceremony. An agency may accept applications from applicants prior to
the applicant receiving a degree. If such an applicant is selected, the
applicant may not be appointed until after the degree is completed. An
applicant who has applied for a specific position within the two-year
eligibility period may be appointed to that position after the two-year
eligibility period expires. For example, if a student receives a degree
in May of 2020 and applies for a position in April of 2022; then the
appointment may be made after May of 2022. The date on which an
application is submitted is the date on which it was received by the
hiring agency.
This section also makes clear that for individuals who have
completed a degree and have an intervening period of obligated service
of at least four years in the uniformed services, the two-year
eligibility period begins on the date of the individual's discharge or
release from the uniformed service. The intervening period of uniformed
service must prevent the individual from applying within the standard
two-year period for applying after completing a degree. For example, a
service member completes a master's degree in May 2018 while serving in
a four-year enlistment period that ends in May 2021. The service
member's two-year eligibility period under the authority will begin in
May 2021, upon discharge or release from uniformed service, because
they were unable to apply and accept a position while completing their
service obligation. Or an individual in the Reserve Officers Training
Corps (ROTC) who has a four-year service obligation after graduation
would be eligible to apply for a position under the authority within
two years of completing the four-year service obligation.
Interim Sec. 315.614(c) Qualifications explains that individuals
appointed under this authority must meet each OPM-prescribed minimum
qualification standard, or OPM-approved agency-specific minimum
qualification standard, for the position being filled.
Interim Sec. 315.614(d) Classification establishes that an agency
may appoint an eligible and qualified individual to any position
classified in the administrative and professional series at the GS 11
level or below (or equivalent), including positions with promotion
potential beyond the GS-11 level. Agencies may refer to OPM's,
``Introduction to the Position Classification Standards,'' available 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>.
Interim Sec. 315.614(e) Public notification contains the public
notice and advertising requirements agencies must follow before filling
a position 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 public facing home web page
(home page), or at a minimum, display a link to the job announcement on
the hiring agency's public facing home page. Agencies are free to
additionally post announcements directly on third party recruitment
boards (e.g., LinkedIn, Monster, Yello) as long as the agency's public
facing homepage also includes a link to a specific announcement.
This section requires that the agency's job announcement must
include the following information about the position being filled: The
position's title, series, grade level (or equivalent), minimum
qualifications, the position's salary, whether the position has
promotion potential to a higher grade(s), 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. An agency may use USAJOBS to satisfy the public
notification requirements and the requirements of 5 U.S.C. 3327. If
USAJOBS is not used to advertise a position(s), the agency must satisfy
the requirements of 5 U.S.C. 3327 by providing OPM link(s) to the
public notification(s) used to solicit applicants as those links are
posted.
Interim Sec. 315.614(f) Appointment Type makes clear that
individuals are appointed to permanent career or career-conditional
positions in the competitive service.
Interim Sec. 315.614(g) Acquisition of competitive status explains
that an individual appointed under this provision acquires competitive
status upon completion of a probationary period in accordance with
subpart H of this part.
Interim Sec. 315.614(h) Tenure upon appointment states that an
individual appointed under this provision becomes a career or career-
conditional employee in accordance with Sec. 315.201.
Interim Sec. 315.614(i) Limitation on the number of appointments
restricts the number of appointments an agency may make using this
authority in a fiscal year. This section specifies that the number of
appointments in any fiscal year may not exceed fifteen percent of the
number of individuals appointed by the agency the previous fiscal year
(i.e., the fiscal year prior to the fiscal year in which an agency is
using this authority) to professional or administrative positions at
the GS-11 level (or equivalent) or below under competitive examining
procedures. An appointing agency may not count appointments made using
direct hire authorities or excepted service authorities, or selections
under merit promotion authorities, when establishing the limit for a
given fiscal year. In calculating this limitation, agencies must round
up or down to the nearest whole number, if necessary, to eliminate a
decimal place. Values ending in ``.5'' 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 cap 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
[[Page 61045]]
via the OPM website and other venues (such as the Chief Human Capital
Officer's Council) of any changes to the numerical limitation.
Interim Sec. 315.614(j) Reporting requirements 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
following publication of this rule describing the means by which
agencies should collect this information, the timing of such collection
and the groups as to which information should be collected.
Interim Sec. 315.614(j)(2) establishes that OPM may request from
agencies any additional information that it deems necessary to further
evaluate the impact and effectiveness of this authority.
Interim Sec. 315.614(k) 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 3115(f) of Title 5 of the U.S. Code, as enacted by section
1108(a) of Public Law 115-232 (Aug. 13, 2018), the John S. McCain
National Defense Authorization Act for Fiscal Year (FY) 2019 (NDAA),
directs the rulemaking shall be through ``interim regulations, with an
opportunity to comment.'' Therefore, a general notice of proposed
rulemaking, as typically required for rulemaking under 5 U.S.C. 553(b)
and 1103(b) need not be issued in advance of this rule.
Expected Impact of This Interim Rule
OPM is issuing this rule to implement 5 U.S.C. 3115. This statute
establishes a hiring authority for college graduates into certain
positions at specified grades in the competitive service. The statute
and this implementing regulation will allow agencies to make
appointments of college graduates directly into the competitive service
positions, without regard to rating, ranking and veterans' preference
provisions in 5 U.S.C. 3309-3319 and 3330. This authority will be 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 eighty
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 ($138,66 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 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
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 recent college graduates to fill professional and administrative
positions at the GS-11 level and below. When using the authority
agencies will have additional flexibility in how college graduates are
hired. Federal agencies will determine recruitment sources and
processes for the solicitation of applications and will 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.
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
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
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.
Paperwork Reduction Act (44 U.S.C. 3501-3521)
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 5 CFR Part 315
Government employees.
[[Page 61046]]
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is amending parts 315 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 is revised to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR,
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.
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. 2560. 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 under E.O. 13473. Sec 315.613 also issued under
Pub. L. 114-47, 2(a) (Aug. 7, 2015), amended by Pub. L. 114-328,
1135 (Dec. 23, 2016), as codified at 5 U.S.C. 9602. Sec. 315.614
also is issued under 5 U.S.C. 3115. 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, 1978 Comp. p. 264.
Subpart F--Career or Career-Conditional Appointment Under Special
Authorities
0
2. Add Sec. 315.614 to read as follows:
Sec. 315.614 Hiring Authority for College Graduates.
(a) Appointment authority. In accordance with the provisions of
this section, an agency may appoint noncompetitively an eligible and
qualified individual to a position classified in a professional or
administrative occupational category at the general schedule (GS) 11
level (or equivalent) or below, without regard to the provisions of 5
U.S.C. 3309 through 3319 and 3330.
(b) Eligibility. An eligible college graduate is defined as an
individual who:
(1) Has received a baccalaureate or graduate degree from an
institution of higher education as defined in 20 U.S.C. 1001(a); and
(i) Has submitted an application for the position being filled
under this authority (using the date on which the application is
received by the hiring agency as the date of submission).
(ii) Not later than two years after the date on which the
individual received their degree described in paragraph (b)(1)
introductory text of this section; or
(iii) in the case of an individual who has completed a period of
not less than four years of intervening obligated service in a
uniformed service, not later than two years after the date on which the
individual was released or discharged from that uniformed service.
(2) Meets the minimum qualification standards prescribed or
approved by OPM for the position to which the individual is being
appointed.
(c) Qualifications. Agencies must evaluate eligible college
graduates using the OPM-prescribed qualification standard, or an OPM-
approved agency-specific minimum qualification standard, for the
position being filled.
(d) Classification. An agency may make an initial appointment of an
eligible and qualified individual to any position classified according
to OPM classification standards in a professional or administrative
occupational series at the GS-11 level (or equivalent) or below,
including positions with promotion potential beyond the GS-11.
(e) Public notice and advertising. An agency must adhere to merit
system principles, and thus must publicly advertise the position in a
manner that endeavors to reach qualified individuals from all segments
of society, including notifying OPM, in accordance with 5 U.S.C.
3327(b), before filling a position under this authority. To meet this
requirement, an agency must display information about the position to
be filled on its home page (that is accessible to the general public).
An agency may, but is not required to, use <a href="http://www.USAJOBS.gov">www.USAJOBS.gov</a> for this
purpose. Alternatively, an agency may either provide an actual job
announcement on its public-facing web page (home page) or provide a
link to the job announcement on its public-facing homepage. The agency
should consider whether additional recruitment and advertisement
activities are necessary or appropriate to further merit system
principles. If USAJOBS is not used to advertise the position, the
agency must satisfy the requirements of 5 U.S.C. 3327(b) by providing
OPM information about the position in the same format it usually would
when posting a position on USAJOBS. A job announcement must include, at
a minimum, the following information:
(1) The position title, series, grade level;
(2) The geographic location where the position will be filled;
(3) The starting salary of the position;
(4) The minimum qualifications of the position;
(5) Whether the position has promotion protentional to higher grade
levels;
(6) Any other relevant information about the position such as
telework opportunities, recruitment incentives, etc.;
(7) Specific information instructing applicants on how to apply;
(8) Equal employment opportunity statement (Agencies may use the
recommended equal employment opportunity statement located on OPM's
USAJOBS website.); and
(9) Reasonable accommodation statement.
(f) Appointment type. College graduates are appointed to career or
career-conditional permanent positions in the competitive service.
(g) Acquisition of competitive status. A person appointed under
this section acquires competitive status upon completion of
probationary period in accordance with the provisions of subpart H of
this part.
(h) Tenure upon appointment. A person appointed under paragraph (a)
of this section becomes a career-conditional employee unless the
appointee has already satisfied the requirements for career tenure or
is exempt from the service requirement pursuant to Sec. 315.201.
(i) Numerical limit on the number of appointments. (1) Except as
provided in paragraph (i)(2) of this section, the total number of
individuals that an agency may appoint under this authority during a
fiscal year may not exceed 15 percent of the number of individuals that
the agency appointed during the previous FY to a position in the
competitive service classified in a professional or administrative
occupational category, at the GS-11 level or below, or equivalent,
under competitive examining procedures. An appointing agency may not
count appointments made using direct hire authorities, non-competitive
authorities, excepted service authorities, or selections under merit
promotion authorities, when establishing the limit for a given fiscal
year. In calculating this limitation, agencies must 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 cap limitation.
(2) During any given fiscal year, OPM may establish a lower
limitation on the number of individuals that may be appointed under
paragraph (i)(1) of this section based on any factor OPM
[[Page 61047]]
considers appropriate. OPM shall notify agencies via the OPM website to
communicate any modification to the numerical limitation.
(j) Reporting requirements. (1) Not later than September 30 of each
of the first three fiscal years beginning in FY 2020 an agency that
makes an appointment under these provisions must report to Congress and
to OPM on the impact of this authority for the fiscal year for which
the report is submitted. OPM will provide written guidance, at 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. An agency's report
must contain the following information:
(i) The total number of individuals appointed by the agency under
this authority by position title, series, grade, and geographic
location;
(ii) The number of individuals appointed under this authority by
the items identified in 5 U.S.C. 3115(g), and in OPM guidance;
(iii) The number of veterans appointed, as defined in 5 U.S.C.
2108;
(iv) Any numerical limitation established in paragraph (i) of this
section;
(v) Recruitment sources, outreach, and recruitment activities used
to fill positions;
(vi) 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 an equivalent level, or below;
(vii) The number of individuals appointed under the authority that
have been separated to show a break down between involuntary and
voluntary separations as well as the reasons for each type of
separation;
(viii) Information on difficulties encountered when using the
authority;
(2) OPM may request additional information from agencies on their
use of this authority. An agency must include in its report to Congress
and OPM any additional information required by OPM under this
subsection.
(k) Special provisions for Department of Defense. These regulations
do not preclude the Secretary of Defense from exercising authority to
appoint a recent graduate under section 1106 of Public Law 114-328.
Additionally, these regulations do not apply to the Department of
Defense during the period section 1106 of Public Law 114-328 is in
effect.
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
0
3. The authority citation for part 330 is revised to read as follows:
Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330; E.O.
10577, 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;
Section 330.609 also issued under 5 U.S.C. 3115; 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
4. In Sec. 330.609, add paragraph (ff) to read as follows:
Sec. 330.609 Exceptions to CTAP selection priority.
* * * * *
(ff) Make an appointment using the college graduate hiring
authority under 5 U.S.C. 3115 and part 315 of this chapter.
* * * * *
Subpart G--Interagency Career Transition Assistance Plan (ICTAP)
for Displaced Employees
0
5. In Sec. 330.707, add paragraph (x) to read as follows:
Sec. 330.707 Exceptions to ICTAP selection priority.
* * * * *
(x) Make an appointment using the college graduate hiring authority
under 5 U.S.C. 3115 and part 315 of this chapter.
* * * * *
[FR Doc. 2021-23871 Filed 11-4-21; 8:45 am]
BILLING CODE 6325-39-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.