---
kind: "section"
citation: "5 U.S.C. § 3115"
title: "5"
title_heading: "Government Organization and Employees"
number: "3115"
heading: "Expedited hiring authority for college graduates; competitive service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3115"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter I — Employment Authorities"
---

# §3115. Expedited hiring authority for college graduates; competitive service

- (a) **Definitions.—** In this section:
  - (1) **Director.—** The term “[Director](/usc/5/8401.md?p=8)” means the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management.
  - (2) **Institution of higher education.—** The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](/usc/20/1001.md?p=a)).
- (b) **Appointment.—**
  - (1) **In general.—** The head of an [agency](/usc/5/3132.md?p=a-1) may appoint, without regard to any provision of sections [3309](/usc/5/3309.md) through [3319](/usc/5/3319.md) and [3330](/usc/5/3330.md), a qualified individual to a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.
  - (2) **Restrictions.—** An appointment under [paragraph (1)](#b-1) shall be made in accordance with regulations prescribed by the [Director](/usc/5/8401.md?p=8).
- (c) **Qualifications for Appointment.—** The head of an [agency](/usc/5/3132.md?p=a-1) may make an appointment under [subsection (b)](#b) only if the individual being appointed—
  - (1) has received a baccalaureate or graduate degree from an institution of higher education;
  - (2) applies for the [position](/usc/5/5102.md?p=a-3)—
    - (A) not later than 2 years after the date on which the individual being appointed received the degree described in [paragraph (1)](#c-1); or
    - (B) in the case of an individual who has completed a period of not less than 4 years of obligated [service](/usc/5/8401.md?p=26) in a uniformed [service](/usc/5/8401.md?p=26), not later than 2 years after the date of the discharge or release of the individual from that [service](/usc/5/8401.md?p=26); and
  - (3) meets each minimum qualification standard prescribed by the [Director](/usc/5/8401.md?p=8) for the [position](/usc/5/5102.md?p=a-3) to which the individual is being appointed.
- (d) **Public Notice and Advertising.—**
  - (1) **In general.—** The head of an [agency](/usc/5/3132.md?p=a-1) making an appointment under [subsection (b)](#b) shall publicly advertise [positions](/usc/5/5102.md?p=a-3) under this section.
  - (2) **Requirements.—** In carrying out [paragraph (1)](#d-1), the head of an [agency](/usc/5/3132.md?p=a-1) shall—
    - (A) adhere to merit [system](/usc/5/8401.md?p=29) principles;
    - (B) advertise [positions](/usc/5/5102.md?p=a-3) in a manner that provides for diverse and qualified applicants; and
    - (C) ensure potential applicants have appropriate information relevant to the [positions](/usc/5/5102.md?p=a-3) available.
- (e) **Limitation on Appointments.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#e-2), the total number of [employees](/usc/5/4701.md?p=a-2) that the head of an [agency](/usc/5/3132.md?p=a-1) may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the [agency](/usc/5/3132.md?p=a-1) head appointed during the previous fiscal year to a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.
  - (2) **Exceptions.—** Under a regulation prescribed under [subsection (f)](#f), the [Director](/usc/5/8401.md?p=8) may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the [Director](/usc/5/8401.md?p=8) considers appropriate.
- (f) **Regulations.—** Not later than 180 days after the date of enactment of this section, the [Director](/usc/5/8401.md?p=8) shall issue interim regulations, with an opportunity for comment, for the [administration](/usc/5/9801.md?p=1) of this section.
- (g) **Reporting.—**
  - (1) **In general.—** Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an [agency](/usc/5/3132.md?p=a-1) that makes an appointment under this section shall submit a report to—
    - (A) Congress that assesses the impact of the use of the [authority](/usc/5/7103.md?p=a-6) provided under this section during the fiscal year in which the report is submitted; and
    - (B) the [Director](/usc/5/8401.md?p=8) that contains data that the [Director](/usc/5/8401.md?p=8) considers necessary for the [Director](/usc/5/8401.md?p=8) to assess the impact and effectiveness of the [authority](/usc/5/7103.md?p=a-6) described in [subparagraph (A)](#g-1-A).
  - (2) **Content.—** The head of an [agency](/usc/5/3132.md?p=a-1) shall include in each report under [paragraph (1)](#g-1)—
    - (A) the total number of individuals appointed by the [agency](/usc/5/3132.md?p=a-1) under this section, as well as the number of such individuals who are—
      - (i) minorities or [members](/usc/5/8401.md?p=20) of other underrepresented groups; or
      - (ii) veterans;
    - (B) recruitment sources;
    - (C) the total number of individuals appointed by the [agency](/usc/5/3132.md?p=a-1) during the applicable fiscal year to a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and
    - (D) any additional data specified by the [Director](/usc/5/8401.md?p=8).
- (h) **Special Provision Regarding the Department of Defense.—**
  - (1) **Authority.—** Nothing in this section shall preclude the [Secretary](/usc/5/9901.md?p=2) of Defense from exercising any [authority](/usc/5/7103.md?p=a-6) to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
  - (2) **Regulations.—** Any regulations prescribed by the [Director](/usc/5/8401.md?p=8) for the [administration](/usc/5/9801.md?p=1) of this section shall not apply to the [Department](/usc/5/10101.md?p=4) of Defense during the period ending on the date on which the appointment [authority](/usc/5/7103.md?p=a-6) of the [Secretary](/usc/5/9901.md?p=2) of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.

## Source credit

(Added Pub. L. 115–232, div. A, title XI, § 1108(a), Aug. 13, 2018, 132 Stat. 2006.)

## Notes

### Editorial Notes

### References in Text

GS–11, referred to in subsecs. (b)(1), (e)(1), and (g)(2)(C), is contained in the General Schedule which is set out under section 5332 of this title.

The date of enactment of this section, referred to in subsecs. (f) and (g)(1), is the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018.

Section 1106 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (h), is section 1106 of Pub. L. 114–328, which is set out as a note preceding section 1580 of Title 10, Armed Forces.