---
kind: "section"
citation: "5 U.S.C. § 3116"
title: "5"
title_heading: "Government Organization and Employees"
number: "3116"
heading: "Expedited hiring authority for post-secondary students; competitive service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3116"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter I — Employment Authorities"
---

# §3116. Expedited hiring authority for post-secondary students; 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)).
  - (3) **Student.—** The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
- (b) **Appointment.—**
  - (1) **In general.—** The head of an [agency](/usc/5/3132.md?p=a-1) may make a [time-limited appointment](/usc/5/9601.md?p=2) of a student, without regard to any provision of sections [3309](/usc/5/3309.md) through [3319](/usc/5/3319.md) and [3330](/usc/5/3330.md), to a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) at the GS–11 level, or an equivalent level, or below for which the student is qualified.
  - (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) **Public Notice.—**
  - (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) available under this section.
  - (2) **Requirements.—** In carrying out [paragraph (1)](#c-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.
- (d) **Limitation on Appointments.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#d-2), the total number of students 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 students 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) at the GS–11 level, or an equivalent level, or below.
  - (2) **Exceptions.—** Under a regulation prescribed under [subsection (g)](#g), the [Director](/usc/5/8401.md?p=8) may establish a lower limit on the number of students 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.
- (e) **Conversion.—** The head of an [agency](/usc/5/3132.md?p=a-1) may, without regard to any provision of [chapter 33](/usc/5/chptIII/sptB/ch33.md) or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive [service](/usc/5/8401.md?p=26), convert a student serving in an appointment under [subsection (b)](#b) to a permanent appointment in the competitive [service](/usc/5/8401.md?p=26) within the [agency](/usc/5/3132.md?p=a-1) without further competition if the student—
  - (1) has completed the course of study leading to the baccalaureate or graduate degree;
  - (2) has completed not less than 640 hours of current continuous employment in an appointment under [subsection (b)](#b); and
  - (3) meets the qualification standards for the [position](/usc/5/5102.md?p=a-3) to which the student will be converted.
- (f) **Termination.—** The head of an [agency](/usc/5/3132.md?p=a-1) shall, without regard to any provision of chapter [35](/usc/5/chptIII/sptB/ch35.md) or [75](/usc/5/chptIII/sptF/ch75.md), terminate the appointment of a student appointed under [subsection (b)](#b) upon completion of the designated academic course of study unless the student is selected for conversion under [subsection (e)](#e).
- (g) **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.
- (h) **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)](#h-1-A).
  - (2) **Content.—** The head of an [agency](/usc/5/3132.md?p=a-1) shall include in each report under [paragraph (1)](#h-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) 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).
- (i) **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 post-secondary student 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. 2007; amended Pub. L. 116–92, div. A, title XI, § 1115, Dec. 20, 2019, 133 Stat. 1604.)

## Notes

### Editorial Notes

### References in Text

GS–11, referred to in subsecs. (b)(1), (d)(1), and (h)(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. (g) and (h)(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. (i), is section 1106 of Pub. L. 114–328, which is set out as a note preceding section 1580 of Title 10, Armed Forces.

### Amendments

2019—Subsec. (d)(1). Pub. L. 116–92 amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), the total number of students that the head of 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 that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.”