Hiring Authority for College Graduates

CourtPersonnel Management Office
Citation86 FR 61043
Published date05 November 2021
Record Number2021-23871
Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)
[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 [www.gpo.gov]
                [FR Doc No: 2021-23871]
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                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.
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                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: http://www.regulations.gov. 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
                [email protected].
                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 www.USAJOBS.gov (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
                https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf for a definition of these positions. In
                addition, agencies can refer to the ``Handbook of Occupational Groups
                and Families'' available at https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf.
                 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 www.USAJOBS.gov 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
                

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