OHR Guidance Post-Secondary Students and College Graduates

DOCUMENT CHANGE HISTORY

Approved:

/s/

Tia N. Butler                                                                                          
Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer, Acting
Date: 02/14/2022

A.  Purpose.

This guidance establishes hiring procedures and reporting requirements for two (2) new competitive service hiring authorities for 1) Post-Secondary Student and 2) College Graduate.  These hiring authorities are not part of the Pathways Programs.  They were established by the 2019 National Defense Authorization Act which required the Office of Personnel Management (OPM) to revise regulations to allow certain positions to be filled.  

When this guidance differs from changes in applicable law or regulation, the changes in law or regulation apply.

B.  Coverage.

This guidance covers time-limited appointments via the Post-Secondary Student hiring authority  (5 CFR 316, Subpart I) and permanent appointments via the College Graduate hiring authority (5 CFR §315.614) at the GS-11 grade level (or equivalent) and below.  The specific competitive service authority must be cited on personnel actions when filling positions.

The provisions of this guidance pertaining to conditions of employment of bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71. When the provisions of this guidance differ from the requirements contained in applicable collective bargaining agreement(s), the agreement takes precedence for covered bargaining unit employees.

C.  References.

1. Public Law (P.L.) 115-232, National Defense Authorization Act (NDAA) for Fiscal Year 2019, Section 1108
2. P.L. 116-92, NDAA for Fiscal Year 2020 (modified part of 5 U.S.C. §3116)
3. 5 United States Code (U.S.C.) §3115, Expedited Hiring Authority for College Graduates; competitive service
4. 5 U.S.C. §3116, Expedited Hiring Authority for Post-Secondary Students; competitive service
5. 5 U.S.C. §3327, Civil Service Employment Information
6. 5 Code of Federal Regulations (CFR) §315.614, College Graduates (pending release)
7. 5 CFR 316, Subpart I, Post-Secondary Students (pending release)
8. 5 CFR 330, Subpart B, Reemployment Priority List

D.  Responsibilities.

1. HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
   1. Develops Department-wide human resources guidance on Post-Secondary Student and College Graduate hiring authorities consistent with HHS and OPM policy, procedures and all applicable federal laws and regulations.
   2. Submits annual reports to OPM and Congress NLT [TBA in final regulations].
   3. Periodically reviews Operating Division and Staff Division (OpDiv/StaffDiv) procedures, actions, and reports to analyze compliance with this guidance, and all applicable federal laws and regulations.
2. OpDiv and StaffDiv Human Resources Centers (HR Centers):
   1. Comply with this guidance and applicable federal laws and regulations when filling positions under these authorities.
   2. Calculate their Division’s annual hiring limits at the beginning of each fiscal year following the instructions in this guidance.
   3. Submit a report NLT [TBA in final regulations] to ASA/OHR containing the data and information listed under Section I. of this guidance.
   4. Maintain individual recruitment case files to allow for third-party reconstruction, and to fulfill reporting requirements described in this guidance in a timely manner.

E. Hiring Limits (5 CFR §§315.614(i) and 316.913)

1. READ CAREFULLY.  Each fiscal year, OpDivs/StaffDivs cannot exceed the hiring limits in the regulations cited above and described below: 
   1. Post-Secondary Student Authority:  The annual hire limit is 15% of total number of student appointments to positions at the GS-11 level or below made by the OpDiv/StaffDiv during the previous fiscal year. 
      
      Student appointments made via the Pathways Intern (5 CFR §213.3402(a)) and Post-Secondary Student (5 CFR 316, Subpart I) hiring authorities may be used to calculate the annual hiring limit.  Appointments made via direct hire, excepted service (except for the Pathways Intern Program), noncompetitive authorities, or merit promotion cannot be used to calculate the Post-Secondary Student hiring limit. 
   2. College Graduate Authority:  The annual hire limit is 15% of total number of persons appointed by the OpDiv/StaffDiv during the previous fiscal year to positions, classified in OPM’s administrative and professional series (as defined in OPM’s Introduction to Position Classification Standards and their Handbook to Occupational Groups and Families), at the GS-11 level or below, via delegated examining procedures. 
      
      Appointments made via direct hire, excepted service, or merit promotion authorities cannot be used to calculate annual College Graduate hiring limits.
   3. After calculating 15% of total number of hires made during previous fiscal year, round up or down to the nearest whole number; i.e., values ending in .5 or more are rounded up to the nearest whole number and values ending in less then .5 are rounded down to the nearest whole number.
2. OPM has the discretion to set a lower agency hiring limit during a fiscal year.

F.  Recruitment Methods (5 U.S.C. §3327; 5 CFR §§315.614(e) and 316.905).

Vacancies must be advertised to the public; however, announcing via USAJOBS is not required. USAJOBS may be used to satisfy the public notification requirements of 5 U.S.C. §3327.  Per OPM, their final regulations may exclusively require a USAJOBS posting to satisfy the requirement under 5 U.S.C. §3327 to notify OPM of competitive service vacancies (read thru line 112).

If USAJOBS is not used to advertise the vacancy, the job must be advertised on HHS.gov/Careers, the OpDiv/StaffDiv’s public facing home page, or at a minimum, a link to the job announcement on the employing agency’s public facing home page.  OpDivs/StaffDivs may additionally advertise on third party recruitment boards, as long as the agency’s public facing home page includes a link to a specific announcement.

Additionally, if USAJOBS is not used to advertise the vacancy, HR Centers must provide OPM the link(s) to the public notice(s) used to solicit applicants when the links are posted, per OPM’s interim regulations.  This guidance will be updated after OPM issues final regulations and/or supplemental guidance.  HR Centers must retain sufficient documentation to provide links at a later date, if necessary, to support any hires made on/after the authority effective dates listed in this guidance. 
Recruitment methods must meet the following requirements:

1. Provide for a diverse and qualified candidate pool;
2. Potential applicants have information relevant to the vacancy being filled; and
3. Adhere to the merit system principles (5 U.S.C. §2301).
4. Job announcement must include:
   1. Position title/series/grade;
   2. Minimum qualification requirements;
   3. Geographic location of position;
   4. Position salary;
   5. Eligibility for promotion/Career ladder;
   6. For Post-Secondary students: 
      1. If position is temporary or term appointment;
      2. For terms, if the appointment may be extended up to the 4-year limit (appointment extensions are not allowed without this language); and
      3. Potential for conversion to the OpDiv/StaffDiv’s permanent workforce.
   7. Workplace flexibilities (e.g., telework, remote work, student loan repayments); and
   8. Information on how to apply.
5. CTAP and ICTAP do not apply when filling positions (5 CFR 330, Subparts F and G, Exceptions to Placement/Selection Priority); however, the HHS RPL must be cleared prior to filling positions (5 CFR 330, Subpart B).  See HHS Instruction 330-2, Priority Placement Programs for information on the RPL.

G.  Post-Secondary Student Hiring Authority (5 U.S.C. §3116 and 5 CFR 316, Subpart I)

1. Authority.  Beginning on 09/17/2021, HR Centers may recruit and fill time-limited competitive service positions at the GS-11 level or below, without regard to any rule under 5 U.S.C. §§3309-3319 or 3330:
   1. Temporary appointments (for initial period NTE 1 year); or
   2. Term appointments (for initial period expected to last more than 1 year but less than 4).
   3. Initial appointments can be extended for a period that will allow the student to complete his/her degree requirements, provided the extension does not exceed the time limits in 5 CFR Part 316; the eligibility criteria (G.4.) for the appointment continues to be met; andthe job announcement included extension language described in F.4. above.
   4. Appointments are subject to the time limits described in 5 CFR Part 316, unless OPM approves an exception for individual cases.
2. Classification (5 CFR §316.904).  Positions must be classified under the General Schedule to the xx99 series of the occupational group of the position.  Positions filled under the Federal Wage System must be classified to the xx01 series of the occupational group of the position.
3. Recruitment.  See Section F., Recruitment Methods. 
4. Eligibility Requirement (5 CFR §316.902).  Must be a student, i.e., 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 institute of higher education (defined at 20 U.S.C. §1001).  
5. Qualification Requirements (5 CFR §316.903).  Candidates do not need to be rated/ranked, but must meet OPM’s qualification requirements for the position (series/grade) being filled. 
6. Veterans’ preference does not apply when filling positions using this hiring authority; however, the number of appointees who are veterans must be reported annually (see Section I).
7. Promotion (5 CFR §316.909). 
   1. Initial appointment more than 1 year:  Employees are eligible if the individual meets the qualification requirements for the higher grade; the time in grade requirements (5 CFR 300, Subpart F); and the job announcement from which the employee was selected included a career ladder for the proposed grade level(s). 
   2. Initial appointment less than 1 year:  Employees are not eligible for promotion. 
8. Breaks in Program (5 CFR §316.908).  OpDivs/StaffDivs may approve or deny a post-secondary employee’s request for a break in program (i.e., a period of time when an employee is working but unable to go to school, or is neither attending class nor working at HHS).  HR Centers establish internal procedures for employees to submit written requests and apply them uniformly to all employees appointed under this authority.
9. Conversion (5 CFR 315, Subpart G, and §316.910).  Employees may be converted to a permanent appointment in the competitive service within their employing OpDiv/StaffDiv, without further competition when the student has completed a baccalaureate or graduate degree andmeets the OPM qualification requirements for the permanent position.
10. Termination (5 CFR §316.912).  Employees are terminated upon the NTE date of the post-secondary student appointment unless the employee is converted to a permanent position in the competitive service or the HR Center extends the appointment prior to expiration.  See G.1. above for appointment time limits.
11. Tenure (5 CFR §§316.907 and 316.911). 
    1. Employees whose initial appointment is NTE 1 year are Tenure Group 0.
    2. Employees whose initial appointment is expected to last more than 1 year are Tenure Group III.
    3. Employees become a career or career-conditional employee only upon completion of the student’s academic requirements and non-competitive conversion to a permanent position unless the employee has already satisfied the requirements for career tenure in a previous position or is exempt from the service requirements in 5 CFR §315.201.
12. Acquisition of Competitive Status (5 CFR §§315.201(b)(1)(xvii) and 316.906).  Employees acquire competitive status after non-competitive conversion to a permanent appointment and upon completion of an initial probationary period.  See HHS Instruction 315-1, Probationary and Trial Periods.

H.  College Graduate Hiring Authority (5 U.S.C. §3115 and 5 CFR §315.614)

1. Authority.  Beginning on December 6, 2021, HR Centers may recruit and fill permanent competitive service positions classified in OPM’s administrative and professional series at the GS-11 level or below, including positions with promotion potential above the GS-11 level, without regard to any rule under 5 U.S.C. §§3309-3319 or 3330.  
2. Classification (5 CFR §315.614(d)).  HR Centers may fill positions under this authority that are classified in OPM’s administrative and professional series, as defined in OPM’s Introduction to Position Classification Standards and their Handbook to Occupational Groups and Families.
3. Recruitment.  See Section F., Recruitment Methods. 
4. Eligibility Requirement (5 CFR §315.614(b)).  Must have completed a bachelors or advanced degree within two (2) years of submitting an application for employment (i.e., date submitted is the date received by the employing OpDiv/StaffDiv).  The two (2) year eligibility begins on the date the degree is received, not the date of the graduation ceremony.  The degree must be from an institution of higher education defined at 20 U.S.C. §1001.  For applicants who have completed a degree and served at least 4 years in the uniformed services, the 2-year eligibility period begins on the date of the applicant’s discharge or release from the uniformed service.  
5. Qualification Requirements (5 CFR §315.614(c)).  Candidates do not need to be rated/ranked, but must meet OPM’s qualification requirements for the position (series/grade) being filled. 
6. Veterans’ preference does not apply when filling positions using this hiring authority; however, the number of appointees who are veterans must be reported annually (see Section I).
7. Promotion.  Employees are eligible for promotion if the individual meets the qualification requirements for the higher grade;the time in grade requirements (5 CFR 300, Subpart F); and the job announcement from which the employee was selected included a career ladder for the proposed grade level(s). 
8. Tenure (5 CFR §§315.201 and 315.614(h)).  Employees are Tenure Group I or II. 
9. Acquisition of Competitive Status (5 CFR §315.614(g)).  Employees acquire competitive status upon their completion of an initial probationary period.  See HHS Instruction 315-1, Probationary and Trial Periods.

I.  Annual Reports (P.L. 115-232 and P.L. 116-92).

1. ASA/OHR must submit an HHS annual report to OPM and Congress NLT [TBA in final regulations] .
2. HR Centers are required to submit a report NLT [TBA in final regulations] to ASA/OHR and include the following information:
   1. Total number of appointments by hiring authority for the fiscal year;
   2. Grade levels and occupational series of positions filled for each authority;
   3. The fiscal year’s numerical hiring limit for each authority;
   4. Number of separations from each hiring authority;
   5. Total number of individuals appointed for the fiscal year who are veterans defined in 5 U.S.C. §2108 (for each hire authority);
   6. Total number of individuals appointed for the fiscal year who are minorities or any other underrepresented group (for each hire authority);
   7. Describe your OpDiv/StaffDiv’s recruitment methods;
   8. Analysis of the impact and effectiveness of these hiring authorities; and
   9. Any difficulties encountered using either of these hiring authorities.
3. ASA/OHR will send an annual data call reminding HR Centers of this reporting requirement.

J.  Guidance Information.

Owned by: ASA/Office of Human Resources, Policy and Accountability Division
Effective date: September 17, 2021 (Revised February 9, 2022)
Contact Information: employmentpolicy@hhs.gov