Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 31 — AUTHORITY FOR EMPLOYMENT › SUBCHAPTER I — EMPLOYMENT AUTHORITIES › § 3116
Lets agency heads hire time-limited college or graduate students into competitive civil service jobs at GS–11 or lower, without using the usual hiring rules. Definitions: Director = Director of the Office of Personnel Management; institution of higher education = the meaning in the Higher Education Act; student = someone enrolled or accepted for a baccalaureate or graduate degree at least part time. Agencies must follow the Director’s rules for these hires. Jobs must be publicly advertised, follow merit principles, reach a diverse pool, and give applicants the right information. An agency’s yearly hires under this rule cannot be more than 15 percent of the number of students that agency hired at GS–11 or below in the prior fiscal year, though the Director may set a lower cap. An agency can convert a student to a permanent competitive job without more competition if the student finishes the degree, has at least 640 hours of continuous work in the appointment, and meets the job’s qualifications. If the student finishes school and is not converted, the agency must end the appointment. The Director must issue interim rules within 180 days with a chance for comment. By September 30 of each of the first 3 fiscal years after enactment, agencies that used this authority must report to Congress and the Director with totals and breakdowns (including minorities/underrepresented groups, veterans, recruitment sources, GS–11-or-below hires, and any other data the Director asks for). The Department of Defense may still use its separate authority under section 1106 of the National Defense Authorization Act for Fiscal Year 2017, and OPM’s rules do not apply to DoD while that authority is in effect.
Full Legal Text
Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 3116
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110