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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
veterans preference, but, in accordance with new section 3116c2A, must adhere to merit system principles, 5
U.S.C. 2301, in so doing. Agencies may appoint individuals under this authority to time-limited appointments in the competitive service at the grade levels specified in 5 U.S.C. 3116.
OPM is adding a new 316.901
Agency authority establishing that an agency may noncompetitively appoint an eligible and qualified post-secondary student to any position in the competitive service, on a time-limited basis, at the General Schedule GS 11
level or below or equivalent. An agency may appoint individuals, on a time-limited basis, to a temporary appointment for an initial period not to exceed 1 year, or a term appointment for an initial period expected to last more than 1 year but less than 4 years, to coincide with the individuals academic curriculum and calendar. In either case, an agency may extend an initial appointment for a period that will allow the student to complete his or her degree requirements, provided the criteria for the student appointment continue to be met. Appointments made under this authority, however, are nevertheless subject to the time limitations in 5 CFR part 316, unless the agency obtains OPMs permission to extend in individual cases. For example, an agency hires a student who is expected to complete his or her degree within 8 months. The agency would place the student on a temporary appointment i.e., the initial appointment is expected to last for up to 1 year. If the student takes longer than expected to complete his or her degree, the agency may extend the initial appointment for up to an additional year, for a total of 24 months.
Any extensions beyond 24 months would require OPM approval. As another example an agency hires a student who is expected to complete his or her degree within 18 months. The agency would place the student on a term appointment not to exceed 4 years i.e., the initial appointment is expected to last for more than 1 year but not more than 4 years. If the student takes longer than expected to complete his or her degree, the agency may extend the initial appointment up to the 4-year limit in increments determined by the agency. The public notification should state that the agency has the option of extending a term appointment made under these provisions up to the 4-year limit. Any extensions beyond the 4-year limit would require OPM approval.
Following publication of this rule, OPM
will consider crafting a proposed rule to
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permit delegation of such extensions to agency heads.
Interim 316.902 Eligibility defines an eligible post-secondary student as an individual who is enrolled or accepted for enrollment in an institution of higher education and pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the academic institution. An institution of higher education is an entity defined by the Higher Education Act of 1965, in a section codified at 20 U.S.C. 1001a.
Interim 316.903 Qualifications explains that individuals appointed under this authority must meet the government-wide OPM-prescribed minimum qualification standard, or OPM-approved agency-specific qualification standard, for the position being filled.
Interim 316.904 Classification establishes that positions filled under this authority must be classified under the General Schedule or appropriate pay plan to the 99 series of the appropriate occupational group. This section also explains that positions filled under the Federal Wage System must be classified to the 01 series of the appropriate occupational group. Agencies may refer to OPMs, Introduction to the Position Classification Standards at https
www.opm.gov/policy-data-oversight/
classification-qualifications/classifyinggeneral-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/classifyinggeneral-schedule-positions/
occupationalhandbook.pdf.
Students may not be promoted while serving on the temporary appointment i.e., an appointment not expected to exceed 1 year. Students may be converted to a new temporary appointment at a higher grade/band level provided the student meets the qualification requirements for the higher grade/band position.
Interim 316.905 Public notification contains the public notification requirements agencies must follow when 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 home page, or at a minimum, provide a link displayed on the hiring agencys website to the job announcement. Agencies are free to additionally post announcements directly on 3rd party recruitment boards, e.g., LinkedIn, Monster, Yello as long as the agencys homepage also
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includes a link to a specific announcement. This section also explains that the job announcement must include information about the position being filled to include: The positions title, series, grade level, minimum qualifications, and geographic location; the positions salary; whether the position will be filled on a temporary or term basis and in the case of a term appointment whether they agency will extend the appointment up to the 4-year limit; whether individuals in the position will be eligible for promotion; the potential for conversion to the agencys permanent workforce;
and 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.
Interim 316.906 Acquisition of competitive status explains that competitive status is acquired only upon completion of a probationary period in accordance with 5 CFR part 315, subpart H, after any noncompetitive conversion to a permanent appointment pursuant to this subpart.
Time spent on a time-limited appointment under this subpart may count toward fulfillment of the probationary period in accordance with 5 CFR 315.802b.
Interim 316.907 Tenure upon appointment states that an individual appointed under this provision becomes a career or career-conditional employee only upon completion of the individuals academic requirements and non-competitive conversion to a permanent appointment, unless the individual has already satisfied the requirements for career tenure or is exempt from the service requirement in 315.201.
Interim 316.908 Break in program defines break in program as a period of time when a student is working but is unable to go to school or is neither attending classes nor working at the agency. The intent of the program is for students to either attend classes, work at the agency or both. An agency may use its discretion in either approving or denying a request for a break in program.
Interim 316.909 Promotion explains that post-secondary students appointed for an initial period expected to last more than 1 year but less than 4 years under this part may be promoted noncompetitively provided the
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