5 U.S.C. § 3116 — Expedited hiring authority for post-sec-

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, referred to in subsecs. (b)(1), (e)(1), and (g)(2)(C), is contained in the General Schedule which is set out under section 5332 of this title. The date of enactment of this section, referred to in subsecs. (f) and (g)(1), is the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018. Section 1106 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (h), is section 1106 of Pub. L. 114–328, which is set out as a note preceding section 1580 of Title 10, Armed Forces. § 3116. Expedited hiring authority for post-sec- ondary students; competitive service (a) DEFINITIONS.—In this section: (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office of Personnel Man- agement. (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)). (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 stu- dent, without regard to any provision of sec- tions 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 mak- ing an appointment under subsection (b) shall publicly advertise positions available under this section. (2) REQUIREMENTS.—In carrying out para- graph (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 appro- priate information relevant to the positions available. (d) LIMITATION ON APPOINTMENTS.— (1) IN GENERAL.—Except as provided in para- graph (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 pre- scribed under subsection (g), the Director may establish a lower limit on the number of stu- dents that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appro- priate. (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 exam- ination, certification, and appointment of indi- viduals in the competitive service, convert a student serving in an appointment under sub- section (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 appoint- ment under subsection (b); and (3) meets the qualification standards for the position to which the student will be con- verted. (f) TERMINATION.—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student ap- pointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under sub- section (e). Page 346 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3131 (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 administra- tion 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 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 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 DEPART- MENT OF DEFENSE.— (1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exer- cising any authority to appoint a post-sec- ondary student under section 1106 of the Na- tional Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any ap- plicable 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. 2007; amended Pub. L. 116–92, div. A, title XI, § 1115, Dec. 20, 2019, 133 Stat. 1604.) Editorial Notes REFERENCES IN TEXT GS–11, referred to in subsecs. (b)(1), (d)(1), and (h)(2)(C), is contained in the General Schedule which is set out under section 5332 of this title. The date of enactment of this section, referred to in subsecs. (g) and (h)(1), is the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018. Section 1106 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (i), is section 1106 of Pub. L. 114–328, which is set out as a note preceding section 1580 of Title 10, Armed Forces. AMENDMENTS 2019—Subsec. (d)(1). Pub. L. 116–92 amended par. (1) generally. Prior to amendment, text read as follows: ‘‘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 stu- dents that the agency head appointed during the pre- vious fiscal year to a position in the competitive serv- ice at the GS–11 level, or an equivalent level, or below.’’ SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE § 3131. The Senior Executive Service It is the purpose of this subchapter to estab- lish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to— (1) provide for a compensation system, in- cluding salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives; (2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment oppor- tunity goals); (3) assure that senior executives are ac- countable and responsible for the effectiveness and productivity of employees under them; (4) recognize exceptional accomplishment; (5) enable the head of an agency to reassign senior executives to best accomplish the agen- cy’s mission; (6) provide for severance pay, early retire- ment, and placement assistance for senior ex- ecutives who are removed from the Senior Ex- ecutive Service for nondisciplinary reasons; (7) protect senior executives from arbitrary or capricious actions; (8) provide for program continuity and pol- icy advocacy in the management of public pro- grams; (9) maintain a merit personnel system free of prohibited personnel practices; (10) ensure accountability for honest, eco- nomical, and efficient Government; (11) ensure compliance with all applicable civil service laws, rules, and regulations, in- cluding those related to equal employment op- portunity, political activity, and conflicts of interest; (12) provide for the initial and continuing systematic development of highly competent senior executives; (13) provide for an executive system which is guided by the public interest and free from im- proper political interference; and (14) appoint career executives to fill Senior Executive Service positions to the extent