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Rules and Regulations
Federal Register Vol. 86, No. 157
Wednesday, August 18, 2021

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.

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 315, 316, and 330
RIN 3206AN86

Hiring Authority for Post-Secondary Students
FOR FURTHER INFORMATION CONTACT:

Office of Personnel Management.
ACTION: Interim rule with request for comments.
AGENCY:

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Monica Butler at 202 6060960, by fax at 202 6064430, TDD at 202 418
3134, or by email at employ@opm.gov.

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On August 13, 2018, the President signed Public Law 115232, the National Defense Authorization Act NDAA for Fiscal Year 2019 i.e., the Act. Section 1108 of the Act established a new hiring authority, codified at 5 U.S.C. 3116, for appointing certain post-secondary students to certain positions in the competitive service. This section also directs OPM to issue regulations to implement this authority. Section 1108
of the Act also established a hiring authority for appointments of college graduates. OPM is issuing regulations to implement the hiring authority for college graduates in a separate notification. New section 3116 was amended by Pub. L. 11692, the NDAA
for Fiscal Year 2020, which modified 5
U.S.C. 3116d1.
OPM is issuing interim regulations, with an opportunity for comments, that will create a new subpart I of part 316, title 5, Code of Federal Regulations CFR, and revise part 330 Recruitment, Selection, and Placement General.
The interim rule for post-secondary students allows agencies to make timelimited appointments per the statute of eligible individuals directly into the competitive service, without regard to 5
U.S.C. 33093319 and 3330. Readers should note that this new hiring authority is separate and distinct from the programs authorized under the Executive Order 13562 establishing the Pathways Programs, which provide for appointments in the excepted service for Interns, Recent Graduates, and
SUPPLEMENTARY INFORMATION:

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 section 1108 of the John S.
McCain National Defense Authorization Act NDAA for Fiscal Year FY 2019, which requires OPM to issue regulations, in interim final form, implementing hiring authorities that allow agencies to hire certain postsecondary students 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 September 17, 2021.
Comments due date: OPM must receive comments on or before October 18, 2021.
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 SUMMARY:

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.
Comments received after the close of the comment period will be marked late, and OPM is not required to consider them in formulating a final decision.
Before acting on this proposal, OPM
will consider all comments we receive on or before the closing date for comments. Changes to this proposal may be made in light of the comments we receive.

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Presidential Management Fellows as described in 5 CFR part 362.
When using this authority, agencies must provide public notification and follow merit system principles, in accordance with Section 1108, as codified at 5 U.S.C. 3116 The merit system principles are codified at 5
U.S.C. 2301. 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. Agencies may wish to use USAJOBS, nevertheless, in light of that systems ability to assist with the requirement to collect demographic information. Agencies must advertise positions in a manner that provides for diverse and qualified applicants, 5
U.S.C. 3116c2B, ensures that potential applicants have appropriate information relevant to the position being filled, id. at 3116c2C, and adheres to merit system principles, id. at 3116c2A. As indicated in 5
U.S.C. 3116, agencies must determine whether an applicant meets the eligibility requirements for the PostSecondary Students hiring authority before giving that applicant further consideration. Agencies must then assess whether an eligible applicant meets the government-wide i.e., OPMestablished or OPM-approved agencyspecific 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 this Post-Secondary Student authority.
OPM has revised 5 CFR part 315, subpart G, to provide for noncompetitive conversion of PostSecondary students.
Section 1108 of the Act also allows agencies to make appointments without regard to any provision of 5 U.S.C. 3309
through 3319. An agency may select any eligible individual who meets each minimum qualification standard, without regard to the application of
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