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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
in accordance with 315.802b of this chapter. A student appointed under 316.901 acquires competitive status only upon completion of probationary period after any conversion, in accordance with the provisions of 5 CFR
part 315, subpart H.
316.907

Tenure upon appointment.

An individual appointed under 316.901 becomes a career-conditional employee upon completion of academic requirements and noncompetitive conversion to a permanent appointment in accordance with 316.910, unless the individual has already satisfied the requirements for career tenure or is exempt from the service requirement pursuant to 315.201 of this chapter.
316.908

Breaks in program.

A break in program is defined as a period of time when a student is working for the agency but is unable to go to school, or is neither attending classes nor working for the agency. An agency may use its discretion in either approving or denying a request for a break in program.
316.909

Promotion.

An agency may promote a student appointed for an initial period expected to last more than 1 year but less than 4
years provided the student meets the qualification requirements for the higher graded position, time in grade requirements in 5 CFR part 300, subpart F, and the public notification for the position filled by the student stated the potential for promotion and specified a career ladder.

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316.910

Conversion.

An agency may convert a student serving in an appointment under the authority in this subpart, prior to the expiration date of the appointment, to a permanent position in the competitive service within the agency without further competition if the student:
a Has completed the course of study leading to the baccalaureate or graduate degree or certificate as appropriate;
b Has completed not less than 640
hours of current continuous employment in an appointment under 316.902;
c Meets the OPM qualification standards for the position to which the student will be converted; and d Meets the time-in-grade requirements in accordance with 5 CFR
part 300, subpart F.
316.911

Reduction in force.

a Reduction in force. Post-secondary students are covered by part 351 of this chapter for purposes of reduction in force RIF.

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1 Students whose initial appointment was for a period of 1 year or less are not assigned a tenure group and do not compete with other employees in a RIF.
2 Students whose initial appointment was for a period expected to last more than 1 year are placed in Tenure Group III for purposes of part 351 of this chapter.
b Reserved 316.912

Termination.

a Any appointment made under the authority in this subpart expires on the not-to-exceed date of that appointment unless the agency extends the appointment prior to expiration.
b An agency must terminate any student without regard to any provision of 5 U.S.C. chapter 35 or 75, who:
1 Does not maintain eligibility in accordance with 316.902 and 316.910; or 2 Is not converted in accordance with 316.910.
316.913 Numerical limit on the number of appointments.

a Except as provided in paragraph b of this section, the total number of students that 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 the agency head appointed during the previous fiscal year to a position at the GS11 level or below or equivalent.
An appointing agency may not count appointments made using direct hire authorities, non-competitive authorities, excepted service authorities other than Pathways Internship Program appointments under 213.3402a of this chapter and 5 CFR part 362, subpart B, or selections under merit promotion authorities, when establishing the limit for a given fiscal year.
b OPM may establish a lower limitation on the number of students that may be appointed by an agency under paragraph a of this section during a fiscal year based on any factor OPM considers appropriate. OPM shall notify agencies via the OPM website and other venues such as the Chief Human Capital Officers Council of any changes to the numerical limitation, applicable governmentwide. Changes to the numerical limit for an individual agency will be communicated directly to the agency.
316.914

Reporting requirement.

a Not later than September 30 of each of the first three 3 fiscal years beginning after August 13, 2018, when 5 U.S.C. 3116 was enacted, an agency that makes an appointment under this
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subpart must submit a report to Congress and OPM on the impact of its use of the authority in this subpart during the fiscal year in which the report is submitted. OPM will provide written guidance 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. The report must contain the following information:
1 The total number of individuals appointed by the agency under the authority in this subpart by position title, series, grade, and geographic location of the position, and type of appointment;
2 The number of individuals appointed under the authority in this subpart by the items identified in 5
U.S.C. 3116h, and in OPM guidance;
3 The number of veterans appointed, as defined in 5 U.S.C. 2108;
4 Any numerical limitation established by the agency in accordance with 316.913;
5 The recruitment sources and methods used by the agency to fill positions;
6 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 GS11 level or below or equivalent;
7 The number of individuals appointed under the authority that have been separated;
8 Information on difficulties encountered when using the authority;
and 9 The number of employees converted to permanent positions under the authority in this subpart.
b OPM may request additional information from agencies on their use of the authority in this subpart. An agency must include in its report to Congress and OPM any additional information required by OPM under this section.
316.915 Special provisions for Department of Defense.

This subpart does not preclude the Secretary of Defense from exercising authority to appoint a post-secondary student under Public Law 114328, Section 1106. Additionally, this subpart does not apply to the Department of Defense during the period that Public Law 114328, Section 1106, is effective.

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