5 U.S.C. § 3115 — Expedited hiring authority for college graduates; competitive service
submitted 8 years ago by Pub. L. 115-232 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 813 words · no verdicts yet
An agency head may appoint certain recent college or graduate-school graduates to specified competitive-service jobs without applying several normal appointment provisions. The section sets qualifications, public notice, numerical limits, regulations, reports, and a Department of Defense exception.
(a) Definitions. “Director” means the Director of the Office of Personnel Management. “Institution of higher education” has the meaning in section 101(a) of the Higher Education Act of 1965. This section does not define those terms further. (b) Appointment. (1) An agency head may appoint a qualified person, without sections 3309–3319 and 3330, to a professional or administrative competitive-service position at GS–11 or an equivalent level or below. (2) The appointment must follow the Director’s regulations. (c) Qualifications. The person must: (1) have a bachelor’s or graduate degree from an institution of higher education; (2) apply within two years after receiving it, or, if the person completed at least four years of obligated uniformed-service duty, within two years after discharge or release; and (3) meet every minimum qualification standard the Director sets for the position. (d) Public notice and advertising. (1) The agency head must publicly advertise positions. (2) The agency head must follow merit principles, advertise to provide diverse and qualified applicants, and give potential applicants appropriate information about available positions. (e) Limitation. (1) Unless paragraph (2) applies, appointments in a fiscal year may not exceed 15 percent of the number the agency head appointed in the prior fiscal year through competitive examination to professional or administrative competitive-service positions at GS–11 or equivalent or below. (2) The Director may set a lower limit by regulation, based on any appropriate factor. (f) Regulations. Within 180 days after enactment, the Director must issue interim regulations, with an opportunity for comment. (g) Reporting. For each of the first three fiscal years after enactment, an agency using this authority must report by September 30 to Congress on its impact and to the Director with data needed to assess impact and effectiveness. Each report must state the total appointed and the numbers who are minorities or members of other underrepresented groups and veterans; recruitment sources; the total number appointed by the agency to covered competitive-service positions during the fiscal year; and any additional data the Director requires. (h) Department of Defense. (1) This section does not prevent the Defense Secretary from using the recent-graduate authority in section 1106 of the National Defense Authorization Act for Fiscal Year 2017 or a successor law. (2) The Director’s regulations do not apply to Defense until that authority ends.
In this section:
The term “Director” means the Director of the Office of Personnel Management.
The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual 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.
An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
has received a baccalaureate or graduate degree from an institution of higher education;
applies for the position—
not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and
meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section.
In carrying out paragraph (1), the head of an agency shall—
adhere to merit system principles;
advertise positions in a manner that provides for diverse and qualified applicants; and
ensure potential applicants have appropriate information relevant to the positions available.
Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous 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, under a competitive examining procedure.
Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
The head of an agency shall include in each report under paragraph (1)—
the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
minorities or members of other underrepresented groups; or
veterans;
recruitment sources;
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; and
any additional data specified by the Director.
Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
Source credit: (Added Pub. L. 115–232, div. A, title XI, § 1108(a), Aug. 13, 2018, 132 Stat. 2006.)
- 2018Enacted · Pub. L. 115-232 · 132 Stat. 2006
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-232 on 2018-08-13.
all 0 arguments · sorted by: best
no arguments yet — make the first case