Browse Arkansas Code titles and sections
5 U.S.C. § 3115 — Expedited hiring authority for college graduates; 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)).
**(b) Appointment.—**
(1) **In general.—** — 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.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Qualifications for Appointment.—** The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
(1) has received a baccalaureate or graduate degree from an institution of higher education;
(2) applies for the position—
(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
(B) 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
(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
**(d) Public Notice and Advertising.—**
(1) **In general.—** — The head of an agency making an app
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3115
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 89aa982e105e214e447164f2faa6a589d32b3316c88ccea9b5a42162d3075432. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_88ed166e5b20c7c60cca72bd
Source file: Laws/federal/codes/united-states-code/title-5/section-3115-expedited-hiring-authority-for-college-graduates-competitive-service--8a0c7d38c2.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2f2b7a908a3e064806863356143695e3b9fb0a718a6473cea229352f75db9ac1
Source location: Title 5, Chapter 31, § 3115; chapter-031-authority-for-employment.md
Stored source content
**(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)).
**(b) Appointment.—**
(1) **In general.—** — 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.
(2) **Restrictions.—** — An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
**(c) Qualifications for Appointment.—** The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
(1) has received a baccalaureate or graduate degree from an institution of higher education;
(2) applies for the position—
(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
(B) 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
(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
**(d) Public Notice and Advertising.—**
(1) **In general.—** — The head of an agency making an appointment under subsection (b) shall publicly advertise positions 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.
**(e) Limitation on Appointments.—**
(1) **In general.—** — 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.
(2) **Exceptions.—** — 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.
**(f) 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.
**(g) 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 classified in a professional or administrative 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 Department of Defense.—**
(1) **Authority.—** — 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.
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 706
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 344
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3115
(6) the way in which managers were trained
in the administration of the streamlined hir-
ing system.
(d) COMMISSION DEFINED.—For purposes of this
section, the term ‘‘Commission’’ means the Se-
curities and Exchange Commission.
(Added Pub. L. 108–44, § 2(a), July 3, 2003, 117
Stat. 842; amended Pub. L. 111–203, title IX,
§ 929G(a), July 21, 2010, 124 Stat. 1855.)
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–203 substituted ‘‘Appointment of
candidates to certain positions in the competitive serv-
ice by the Securities and Exchange Commission’’ for
‘‘Appointment of accountants, economists, and exam-
iners by the Securities and Exchange Commission’’ in
section catchline, added subsec. (a), and struck out
former subsec. (a). Prior to amendment, text read as
follows: ‘‘This section applies with respect to any posi-
tion of accountant, economist, and securities compli-
ance examiner at the Commission that is in the com-
petitive service.’’
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Government Reform of House of Rep-
resentatives changed to Committee on Oversight and
Government Reform of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007. Committee on Oversight and Government
Reform of House of Representatives changed to Com-
mittee on Oversight and Reform of House of Represent-
atives by House Resolution No. 6, One Hundred Six-
teenth Congress, Jan. 9, 2019. Committee on Oversight
and Reform of House of Representatives changed to
Committee on Oversight and Accountability of House
of Representatives by House Resolution No. 5, One Hun-
dred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate
changed to
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3115
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.