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5 U.S.C. § 3116 — Expedited hiring authority for post-secondary students; competitive service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Director.—** — The term “Director” means the Director of the Office of Personnel Management.
(2) **Institution of higher education.—** — 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)).
(3) **Student.—** — The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
**(b) Appointment.—**
(1) **In general.—** — The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Public Notice.—**
(1) **In general.—** — The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
(2) **Requirements.—** — In carrying out paragraph (1), the head of an agency shall—
(A) adhere to merit system principles;
(B) advertise positions in a manner that provides for diverse and qualified applicants; and
(C) ensure potential applicants have appropriate information relevant to the positions available.
**(d) Limitation on Appointments.—**
(1) **In general.—** — Except as provided in paragraph (2), the total number of students that
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Source file: Laws/federal/codes/united-states-code/title-5/section-3116-expedited-hiring-authority-for-post-secondary-students-competitive-servi--0d0ed431b1.md
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Source location: Title 5, Chapter 31, § 3116; chapter-031-authority-for-employment.md
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**(a) Definitions.—** In this section:
(1) **Director.—** — The term “Director” means the Director of the Office of Personnel Management.
(2) **Institution of higher education.—** — 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)).
(3) **Student.—** — The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
**(b) Appointment.—**
(1) **In general.—** — The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Public Notice.—**
(1) **In general.—** — The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
(2) **Requirements.—** — In carrying out paragraph (1), the head of an agency shall—
(A) adhere to merit system principles;
(B) advertise positions in a manner that provides for diverse and qualified applicants; and
(C) ensure potential applicants have appropriate information relevant to the positions available.
**(d) Limitation on Appointments.—**
(1) **In general.—** — Except as provided in paragraph (2), the total number of students 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 students that the agency head appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below.
(2) **Exceptions.—** — Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
**(e) Conversion.—** The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—
(1) has completed the course of study leading to the baccalaureate or graduate degree;
(2) has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and
(3) meets the qualification standards for the position to which the student will be converted.
**(f) Termination.—** The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
**(g) Regulations.—** 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.
**(h) Reporting.—**
(1) **In general.—** — 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—
(A) 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
(B) 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).
(2) **Content.—** — The head of an agency shall include in each report under paragraph (1)—
(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
(i) minorities or members of other underrepresented groups; or
(ii) veterans;
(B) recruitment sources;
(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and
(D) any additional data specified by the Director.
**(i) Special Provision Regarding the Department of Defense.—**
(1) **Authority.—** — Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student 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.
(2) **Regulations.—** — 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Designation.—** The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
**(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—** A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
**(c) Definitions.—** In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in [section 1587(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1587/a/1&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1580
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
**(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recruitment and Relocation Bonuses.—** The Secretary may pay a recruitment or relocation bonus under [section 5753(e) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5753/e&num=0&edition=prelim) without regard to any requirements for certification or approval under that section.
**(b) Retention Bonuses.—**
(1) The Secretary may pay a retention bonus under [section 5754(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754/f&num=0&edition=prelim) without regard to any requirement for certification or approval under that subsection.
(2) The Secretary may pay a retention bonus as specified in subsection (e)(2) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim) and may pay the bonus as a single lump-sum payment at the beginning of the full period of service required by an agreement under subsection (d) of such section.
**(c) Merit Awards.—** The Secretary may grant a cash award under [section 4502(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4502/b&num=0&edition=prelim) without regard to any requirement for certification or approval under that section.
**(d) Incentives for Critical Skills.—**
(1) Subject to the provisions of this paragraph, the Secretary may provide a critical skill incentive to an employee in a case in which the Secretary determines—
(A) the employee possesses a high-demand skill or skill that is at a shortage;
(B) such skill is directly related to the duties and responsibilities of the employee’s position; and
(C) employment of an individual with such skill in such position serves a critical mission-related need of the Department.
(
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
Page 185
TITLE 20—EDUCATION
§ 1001
PART A—DEFINITIONS
§ 1001. General definition of institution of higher
education
(a) Institution of higher education
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ means an educational institution in any
State that—
(1) admits as regular students only persons
having a certificate of graduation from a
school providing secondary education, or the
recognized equivalent of such a certificate, or
persons who meet the requirements of section
1091(d) of this title;
(2) is legally authorized within such State to
provide a program of education beyond sec-
ondary education;
(3) provides an educational program for
which the institution awards a bachelor’s de-
gree or provides not less than a 2-year pro-
gram that is acceptable for full credit toward
such a degree, or awards a degree that is ac-
ceptable for admission to a graduate or profes-
sional degree program, subject to review and
approval by the Secretary;
(4) is a public or other nonprofit institution;
and
(5) is accredited by a nationally recognized
accrediting agency or association, or if not so
accredited, is an institution that has been
granted preaccreditation status by such an
agency or association that has been recognized
by
the
Secretary
for
the
granting
of
preaccreditation status, and the Secretary has
determined that there is satisfactory assur-
ance that the institution will meet the accred-
itation standards of such an agency or associa-
tion within a reasonable time.
(b) Additional institutions included
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ also includes—
(1) any school that provides not less than a
1-year program of tr
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
Page 345
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3116
(B) the Director that contains data that
the Director considers necessary for the Di-
rector to assess the impact and effectiveness
of the authority described in subparagraph
(A).
(2) CONTENT.—The head of an agency shall
include in each report under paragraph (1)—
(A) the total number of individuals ap-
pointed by the agency under this section, as
well as the number of such individuals who
are—
(i) minorities or members of other under-
represented groups; or
(ii) veterans;
(B) recruitment sources;
(C) the total number of individuals ap-
pointed by the agency during the applicable
fiscal year to a position in the competitive
service classified in a professional or admin-
istrative occupational category at the GS–11
level, or an equivalent level, or below; and
(D) any additional data specified by the
Director.
(h) SPECIAL PROVISION REGARDING THE DEPART-
MENT OF DEFENSE.—
(1) AUTHORITY.—Nothing in this section shall
preclude the Secretary of Defense from exer-
cising any authority to appoint a recent grad-
uate under section 1106 of the National De-
fense Authorization Act for Fiscal Year 2017
(10 U.S.C. note prec. 1580), or any applicable
successor statute.
(2)
REGULATIONS.—Any
regulations
pre-
scribed by the Director for the administration
of this section shall not apply to the Depart-
ment 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.
(Added Pub. L. 115–232, div. A, title XI, § 1108(a),
Aug. 13, 2018, 132 Stat. 2006.)
Editorial Notes
REFERENCES IN TEXT
GS–11,
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3116
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