[Senate Report 115-205]
[From the U.S. Government Publishing Office]
Calendar No. 299
115th Congress} { Report
SENATE
2d Session } { 115-205
=====================================================================
DIRECT HIRE OF STUDENTS AND RECENT GRADUATES ACT OF 2017
__________
R E P O R T
OF THE
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
TO ACCOMPANY
S. 1887
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
February 5, 2018.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky HEIDI HEITKAMP, North Dakota
JAMES LANKFORD, Oklahoma GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota KAMALA D. HARRIS, California
STEVE DAINES, Montana DOUG JONES, Alabama
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Courtney J. Allen, Deputy Chief Counsel for Governmental Affairs
Margaret E. Daum, Minority Staff Director
Stacia M. Cardille, Minority Chief Counsel
Charles A. Moskowitz, Minority Senior Legislative Counsel
Katherine C. Sybenga, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 299
115th Congress} { Report
SENATE
2d Session } { 115-205
======================================================================
DIRECT HIRE OF STUDENTS AND RECENT GRADUATES ACT OF 2017
_______
February 5, 2018.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1887]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1887) to grant
expedited hiring authority to the head of an agency to appoint
college graduates and post-secondary students, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................7
VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8
I. Purpose and Summary
The purpose of S. 1887, the Direct Hire of Students and
Recent Graduates Act of 2017, is to allow Federal agencies the
flexibility to directly hire qualified post-secondary students
and recent graduates outside the Federal competitive
examination process.
II. Background and the Need for Legislation
Hiring young adults has long been a human capital
management objective for the Federal workforce, and it has been
a particular focus for the last few decades due to the threat
of a ``retirement wave'' of Federal employees.\1\ Robert
Goldenkoff, Director of Strategic Issues at the Government
Accountability Office, testified before the Committee's
Subcommittee on Regulatory Affairs and Federal Management in
2016 that ``[a]cross Government, skills gaps and [sic] critical
occupations, along with large numbers of employees eligible for
retirement, are threatening the ability of agencies to carry
out their vital missions . . . . Agencies need a robust talent
management strategy that covers the full life cycle of Federal
employment.''\2\ Mr. Goldenkoff also stated that ``[a]s
retirements continue, agencies with few millennials may face
future gaps in leadership, expertise, and critical skills
because millennials represent the next generation of
workers.''\3\
---------------------------------------------------------------------------
\1\Stephen Barr, Retirement Wave Creates Vacuum, Washington Post
(May 7, 2000 available at https://www.washingtonpost.com/archive/
politics/2000/05/07/retirement-wave-creates-vacuum/6c7346ba-6f4f-4a08-
a6b7-dcca04a76579/?utm_term=.b618fd074aee.
\2\Understanding the Millennial Perspective in Deciding to Pursue
and Remain in Federal Employment: Hearing Before the S. Subcomm. on
Regulatory Affairs and Fed. Mgmt., 114th Cong. 114-548 (2016)
(testimony of Robert Goldenkoff, Director, Strategic Issues, U.S. Gov't
Accountability Office).
\3\Id.
---------------------------------------------------------------------------
The Federal hiring process is often criticized as its own
barrier to increasing the number of students and recent
graduates in the Federal workforce. In 2011, Laurel McFarland,
Executive Director of the National Association of Schools of
Public Affairs and Administration, testified before the
Committee:
Unfortunately, there is overwhelming evidence from
recent years that the existing competitive hiring
system simply does not work for graduate students, who
have advanced training, but little full-time work
experience, especially in federal service. The current
competitive hiring process gives significant weight to
years of government service, but considerably less to
cutting-edge skills.\4\
---------------------------------------------------------------------------
\4\Inspiring Students to Federal Service: Hearing Before the
S.Comm. on Homeland Security and Governmental Affairs, 112th Cong. 112-
118 (statement of Laurel McFarland, Executive Director, National
Association of Schools of Public Affairs and Administration).
Ms. McFarland added that applicants that have advanced
training and cutting-edge skills, but little full-time work
``rarely get selected through USAJOBS.''\5\
---------------------------------------------------------------------------
\5\Id. (testimony of Laurel McFarland, Executive Director, National
Association of Schools of Public Affairs and Administration). USAJOBS
is the central location for individuals to search for and apply to
vacant Federal employment positions. See U.S. Off. of Personnel Mgmt.,
About USAJOBS, available at https://www.usajobs.gov/Help/About/.
---------------------------------------------------------------------------
For several decades, the Federal Government has authorized
various programs to hire students and recent graduates without
being subject to the competitive service process.\6\ The most
recent efforts are the Pathways Programs, created by President
Barack Obama in 2010 through an executive order.\7\ The
Pathways Programs began on July 10, 2012, and consist of three
programs: the Internship Program, the Recent Graduates Program,
and the Presidential Management Fellows Program.\8\ These
programs allow the Federal Government to hire students and
recent graduates into permanent positions after completing the
requisite amount of service under the programs.\9\ The
executive order noted the complexity of, and flaws in, the
Federal hiring process:
---------------------------------------------------------------------------
\6\See, e.g., Exec. Order No. 11202, 30 Fed. Reg. 3185 (Mar. 9,
1065); Exec. Order No. 11813, 39 Fed. Reg. 36,317 (Oct. 9, 1974); Exec.
Order. No. 12008, 42 Fed. Reg. 43,373 (Aug. 25, 1977) (amended by Exec.
Order No. 12107, 44 Fed. Reg. 1055 (Jan. 3, 1979)); Exec. Order No.
12015, 42 Fed. Reg. 56,947 (Oct. 31, 1977) (amended by Exec. Order No.
12107, 44 Fed. Reg. 1055 (Jan. 3, 1979) and Exec. Order No. 13024, 61
Fed. Reg. 58,125 (Nov. 12, 1996)); Exec. Order No. 12364, 47 Fed. Reg.
22,931 (May 26, 1982) (amended by Exec. Order No. 12645, 53 Fed. Reg.
26,570 (July 12, 1988)); Exec. Order No. 12596, 52 Fed. Reg. 17,357
(May 11, 1987); Exec. Order No. 13162, 65 Fed. Reg. 43,211 (July 12,
2000); Exec. Order No. 13318, 68 Fed. Reg. 56,515 (Sept. 30, 2003).
\7\Exec. Order 13562, 75 Fed. Reg. 82,585 (Dec. 27, 2010).
\8\U.S. Off. of Personnel Mgmt., The Pathways Programs: Their Use
and Effectiveness Two Years After Implementation, 4-6 (Aug. 2016),
available at https://www.opm.gov/policy-data-oversight/hiring-
information/students-recent-graduates/reference-materials/report-on-
special-study-of-the-pathways-programs.pdf.
\9\Id.
The Federal Government benefits from a diverse
workforce that includes students and recent graduates,
who infuse the workplace with their enthusiasm,
talents, and unique perspectives. The existing
competitive hiring process for the Federal civil
service, however, is structured in a manner that, even
at the entry level, favors job applicants who have
significant previous work experience. This structure,
along with the complexity of the rules governing
admission to the career civil service, creates a
barrier to recruiting and hiring students and recent
graduates. It places the Federal Government at a
competitive disadvantage compared to private-sector
employers when it comes to hiring qualified applicants
for entry-level positions. To compete effectively for
students and recent graduates, the Federal Government
must improve its recruiting efforts; offer clear paths
to Federal internships for students from high school
through post-graduate school; offer clear paths to
civil service careers for recent graduates; and provide
meaningful training, mentoring, and career-development
opportunities.\10\
---------------------------------------------------------------------------
\10\Exec. Order 13562, 75 Fed. Reg. 82,585 (Dec. 27, 2010).
Despite the non-competitive hiring authority allowed by the
Pathways Programs, the percentage of students and recent
graduates in the Federal workforce continues to decrease. Since
2011, the percentage of full-time Federal employees under the
age of 30 dropped from 10.49 percent to 6.37 percent.\11\
---------------------------------------------------------------------------
\11\U.S. Off. of Personnel Mgmt., Federal Employment Reports: Full-
Time Permanent Age Distributions (Sept. 2016), available at https://
www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-
employment-reports/reports-publications/full-time-permanent-age-
distributions/#2010.
---------------------------------------------------------------------------
The Pathways Programs also resulted in a higher average age
at the time of an individual's hire than previous Federal
programs targeting the hiring of younger employees. The average
age of new hires under the Pathways Programs in fiscal year
2014 was 27.1 years compared to 25.4 years under previous
comparable Federal intern programs in fiscal year 2010.\12\
---------------------------------------------------------------------------
\12\U.S. Off. of Personnel Mgmt., supra note 8 at 16.
---------------------------------------------------------------------------
The National Defense Authorization Act for Fiscal Year 2017
authorized the Department of Defense (DOD) to directly recruit
and hire post-secondary students and recent graduates to
civilian professional and administration positions in the
competitive service.\13\ The DOD's authority to make these
hires is limited to 15 percent of the number of employees hired
in professional or administrative positions at the General
Schedule (GS) Level 11\14\ or below.\15\ This hiring authority
for DOD sunsets on September 30, 2021.\16\ This authority
allows DOD to interview and make conditional offers of
employment during on-campus recruiting events, allowing DOD to
compete with the private sector for highly qualified
individuals.\17\
---------------------------------------------------------------------------
\13\Nat'l Defense Authorization Act for Fiscal Year 2017, Pub. L.
No. 114-328, Sec. 1106, 130 Stat. 2000, 2447-48 (Dec. 23, 2016).
\14\The maximum salary allowed for a GS-11 employee at the base
level is $68,025. See U.S. Off. of Personnel Mgmt., Salary Table 2017-
GS, available at https://www.opm.gov/policy-data-oversight/pay-leave/
salaries-wages/salary-tables/pdf/2017/GS.pdf.
\15\Nat'l Defense Authorization Act for Fiscal Year 2017, supra
note 13 at 2448.
\16\Id.
\17\S. Rep. No. 114-830, at 1177 (2016).
---------------------------------------------------------------------------
This bill would extend the authority given to DOD to
directly hire post-secondary students and recent graduates to
all government agencies. It would allow Federal agencies to
directly hire an individual who received a baccalaureate or
graduate degree within the last two years without going through
the competitive hiring process. Veterans who serve in the
military after graduating would still qualify as a recent
graduate for two years after they complete their service.
Agencies would also be able to directly hire, for time-limited
appointments, students enrolled or accepted for enrollment in
an institution of higher education and pursuing a baccalaureate
or graduate degree. Agencies would be able to make these direct
hires for professional or administrative positions at the GS-11
level or below and would be subject to the same 15 percent
limitation as DOD. If an agency may consider using this
authority to hire a student or recent graduate to an available
position, it must be publicly noticed. Agencies using this
authority would also be required to report to Congress and to
the Office of Personnel Management (OPM) on the use of this
authority and its impact on the workforce.
III. Legislative History
S. 1887, the Direct Hire of Students and Recent Graduates
Act of 2017, was introduced on September 28, 2017, by Senator
James Lankford. The bill was referred to the Committee on
Homeland Security and Governmental Affairs. The Committee
considered S. 1887 at a business meeting on October 4, 2017.
During the business meeting, Senator Thomas Carper offered
an amendment requiring agencies to provide to Congress and OPM
an annual impact assessment of the use of this direct hire
authority for the first three fiscal years of its use. The
Committee adopted the amendment by voice vote and ordered the
bill, as amended, reported favorably by voice vote en bloc with
Senators Johnson, Lankford, Daines, McCaskill, Tester,
Heitkamp, Hassan, and Harris present. Senators Harris and
Hassan were recorded as voting ``no'' for the record.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Direct Hire of Students and Recent Graduates Act of 2017''.
Section 2. Expedited hiring for college graduates and post-secondary
students.
Section 2 authorizes agencies to directly hire post-
secondary students and recent graduates into Federal service
through the addition of two new sections to Title 5, United
States Code.
New section 3115 of Title 5, United States Code, describes
the authority for agencies to directly hire recent college
graduates. Subsection (a) sets definitions for the terms
``director'' and ``institution of higher education.''
Subsection (b) authorizes the head of an agency to directly
hire a recent college graduate to a competitive service
position that is classified in a professional or administrative
occupational category at the GS-11 level, or an equivalent
level, or below. The OPM Director is required to prescribe
regulations for agencies to follow when making these direct
hires.
Subsection (c) describes the qualifications for a recent
college graduate to be hired under this section. A recent
graduate must have received a baccalaureate or graduate degree
from an institution of higher education (as defined by the
Higher Education Act of 1965, as amended) no more than two
years from the date of applying for the position. For
individuals with at least four years of obligated service in a
uniformed service, they must apply for a position no more than
two years after their date of discharge or release from
service. Recent graduates must also meet each minimum
qualification standard under the OPM Director's regulations in
order to be hired.
Subsection (d) requires agencies to publicly advertise
positions for which this direct hire authority may be used.
Agencies must also adhere to merit system principles, advertise
positions in a manner to provide for diverse and qualified
applicants, and ensure potential applicants have appropriate
information relevant to the available positions.
Subsection (e) limits the number of positions for which
this direct hire authority of recent college graduates may be
used by an agency. The use of this authority would be limited
to 15 percent of the number of individuals from the previous
fiscal year that the agency hired to a professional or
administrative occupational category at the GS-11 level, or an
equivalent level, or below under a competitive examining
procedure. The OPM Director would be able to lower this limit.
Subsection (f) requires the OPM Director to issue interim
regulations for the administration of this direct hire
authority not later than 180 after enactment of this bill.
Subsection (g) requires agencies using this direct hire
authority to issue annual reports during the first three fiscal
years after enactment of this bill. One report is an impact
assessment submitted to Congress. Agencies must also submit a
report to OPM that contains the necessary data for OPM to
assess the impact and effectiveness of the authority to
directly hire students and recent graduates. These reports must
include information about the total number of individuals hired
under this authority that are minorities or members of
underrepresented groups or veterans, the recruitment sources
used to hire individuals under this authority, and the total
number of individuals the agencies hired in positions for which
this authority is eligible.
Subsection (h) clarifies that the authority provided to
agencies under this bill, and the subsequent regulations
prescribed, does not apply to DOD's authority provided under
the National Defense Authorization Act of 2017.
New section 3116 of Title 5, United States Code, describes
the authority for agencies to directly hire post-secondary
students. Subsection (a) sets definitions for the terms
``director'', ``institution of higher education'', and
``student''.
Subsection (b) authorizes the head of an agency to directly
hire a post-secondary student on a time-limited basis to a
competitive service position at the GS-11 level, or an
equivalent level, or below. The OPM Director is required to
prescribe regulations for agencies to follow when making these
direct hires.
Subsection (c) requires agencies to publicly advertise
positions for which this direct hire authority may be used.
Agencies must also adhere to merit system principles, advertise
positions in a manner to provide for diverse and qualified
applicants, and ensure potential applicants have appropriate
information relevant to the available positions.
Subsection (d) limits the number of positions for which
this direct hire authority of post-secondary students may be
used by an agency. The use of this authority would be limited
to 15 percent of the number of students from the previous
fiscal year that the agency hired in competitive service
positions at the GS-11 level, or an equivalent level, or below.
The OPM Director would be able to lower this limit.
Subsection (e) allows agencies to convert a student
directly hired to a time-limited position under this section to
a permanent competitive service position if the student
completed the course of study leading to a baccalaureate or
graduate degree, completed not less than 640 hours of current
continuous employment under the direct hire authority of this
section, and meets the qualification standards for the position
to which the student would be converted.
Subsection (f) requires agencies to terminate the
employment of any student hired under this section once the
student completes the course of study, unless the student is
converted to a permanent position under subsection (e).
Subsection (g) requires the OPM Director to issue interim
regulations for the administration of this direct hire
authority not later than 180 after enactment of this bill.
Subsection (h) requires agencies using this direct hire
authority of post-secondary students to issue annual reports
during the first three fiscal years after enactment of this
bill. One report is an impact assessment submitted to Congress.
Agencies must also submit a report to OPM that contains the
necessary data for OPM to assess the impact and effectiveness
of the authority to directly hire students and recent
graduates. These reports must include information about the
total number of individuals hired under this authority that are
minorities or members of underrepresented groups or veterans,
the recruitment sources used to hire individuals under this
authority, and the total number of individuals the agencies
hired in positions for which this authority is eligible.
Subsection (i) clarifies that the authority provided to
agencies under this bill, and the subsequent regulations
prescribed, does not apply to DOD's authority provided under
the National Defense Authorization Act of 2017.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
October 30, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1887, the Direct
Hire of Students and Recent Graduates Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 1887--Direct Hire of Students and Recent Graduates Act of 2017
S. 1887 would provide special hiring authorities for
federal agencies with the aim of expediting the hiring process
for college graduates or veterans pursuing employment at the
GS-11 level or below. The total number of such hires would be
limited to 15 percent of the employees an agency hired in the
previous year. In addition, the Office of Personnel Management
(OPM) and agencies using this authority would need to report to
the Congress on the effectiveness of the program over the next
three years.
In recent years, around 20,000 federal employees have been
hired annually at or below the GS-11 level. OPM also
administers an effort that is similar to the proposed
legislation, the Pathways Program, which expedites the hiring
of recent graduates. Because that program is ongoing and
because the potential number of hires under S. 1887 would be
limited to 15 percent (or about 3,000) of the openings at or
below GS-11, CBO estimates that there would be no significant
cost to create the new program.
Enacting S. 1887 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 1887 would not increase
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 1887 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart B--Employment and Retention
* * * * * * *
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
* * * * * * *
Subchapter I--Employment Authorities
* * * * * * *
Table of Sections
Sec.
3101. General authority to employ
3102. Employment of personal assistants for handicapped employees,
including blind and deaf employees
3103. Employment at seat of Government only for services rendered
3104. Employment of specially qualified scientific and professional
personnel
3105. Appointment of administrative law judges
3106. Employment of attorneys; restrictions
3107. Employment of publicity experts; restrictions
3108. Employment of detective agencies; restrictions
3109. Employment of experts and consultants; temporary or intermittent
3110. Employment of relatives; restrictions
3111. Acceptance of volunteer service
3111a. Federal internship programs
3112. Disabled veterans; noncompetitive appointment
3113. Restriction on reemployment after conviction of certain crimes
3114. Appointment of candidates to certain positions in the competitive
service by the Securities and Exchange Commission
3115. Expedited hiring authority for college graduates; competitive
service
3116. Expedited hiring authority for post-secondary students;
competitive service.
* * * * * * *
SEC. 3115. EXPEDITED HIRING AUTHORITY FOR COLLEGE GRADUATES;
COMPETITIVE SERVICE.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director of the Office 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)).
(b) Appointment.--
(1) In general.--The head of an agency may appoint,
without regard to any provision of sections 3309
through 3319 and 3330, a qualified individual to a
position in the competitive service 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)
shall be made in accordance with regulations prescribed
by the Director.
(c) Qualifications for Appointment.--The head of an agency
may make an appointment under subparagraph (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--
(A) not later than 2 years after the date on
which the individual being appointed received
the degree described in paragraph (1); or
(B) in the case of an individual who has
completed a period of not less than 4 years of
obligated service in a uniformed service, not
later than 2 years after the date of the
discharge or the release of the individual from
that service; and
(3) meets each minimum qualification standard
prescribed by the Director for the position to which
the individual is being appointed.
(d) Public Notice and Advertising.--
(1) In general.--The head of an agency making an
appointment under subsection (b) shall publicly
advertise positions under this section.
(2) Requirements.--In carrying out paragraph (1), the
head of an agency shall--
(A) adhere to merit system principles;
(B) advertise positions in a manner that
provides for diverse and qualified applicants;
and
(C) ensure potential applicants have
appropriate information relevant to the
positions available.
(e) Limitation on Appointments.--
(1) In general.--Except as provided in paragraph (2),
the total number of employees 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 individuals that the agency head
appointed during the previous fiscal year to a position
in the competitive service 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), the Director 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
considers appropriate.
(f) Regulations.--Not later than 180 days after the date of
enactment of the Direct Hire of Students and Recent Graduates
Act of 2017, the Director shall issue interim regulations, with
an opportunity to comment, for the administration 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 the Direct Hire of Students and Recent
Graduates Act of 2017, the head of an agency that makes
an appointment under this section shall submit a report
to--
(A) Congress that assesses the impact of the
use of the authority provided under this
section during the fiscal year in which the
report is submitted; and
(B) the Director that contains data that the
Director considers necessary for the Director
to assess the impact and effectiveness of the
authority described in subparagraph (A).
(2) Content.--The head of an agency shall include in
each report under paragraph (1)--
(A) the total number of individuals appointed
by the agency under this section, as well as
the number of such individuals who are--
(i) minorities or members of other
underrepresented groups; or
(ii) veterans;
(B) recruitment sources;
(C) 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 GS-11 level, or an
equivalent level, or below; and
(D) any additional data specified by the
Director.
(h) Special Provision Regarding the Department of
Defense.--
(1) Authority.--Nothing in this section shall
preclude the Secretary of Defense from exercising any
authority 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 for the administration of this section shall
not apply to the Department of Defense during the
period ending on the date on which the appointment
authority of the Secretary 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.
SEC. 3116. EXPEDITED HIRING AUTHORITY FOR POST-SECONDARY STUDENTS;
COMPETITIVE SERVICE.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director of the Office 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)).
(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 may make a
time-limited appointment of a student, without regard
to any provision of sections 3309 through 3319 and
3330, to a position in the competitive service at the
GS-11 level, or an equivalent level, or below for which
the student is qualified.
(2) Restriction.--An appointment under paragraph (1)
shall be made in accordance with regulations prescribed
by the Director.
(c) Public Notice.--
(1) In general.--The head of an agency making an
appointment under subsection (b) shall publicly
advertise positions available under this section.
(2) Requirements.--In carrying out paragraph (1), the
head of an agency shall
(A) adhere to merit system principles;
(B) advertise positions in a manner that
provides for diverse and qualified applicants;
and
(C) ensure potential applicants have
appropriate information relevant to the
positions available.
(d) Limitations on Appointments.--
(1) In general.--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.
(2) Exceptions.--Under a regulation prescribed under
subsection (g), the Director 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 considers
appropriate.
(e) Conversion.--The head of an agency may, without regard
to any provision of chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, convert a student
serving in an appointment under subsection (b) to a permanent
appointment in the competitive service within the agency
without further competition if the student--
(1) has completed the course of student 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); and
(3) meets the qualification standards for the
position to which the student will be converted.
(f) Termination.--The head of an agency shall, without
regard to any provision of chapter 35 or 75, terminate the
appointment of a student appointed under subsection (b) upon
completion of the designated academic course of study unless
the student is selected for conversion under subsection (e).
(g) Regulations.--Not later than 180 days after the date of
enactment of the Direct Hire of Students and Recent Graduates
Act of 2017, the Director shall issue interim regulations, with
an opportunity for comment, for the administration 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 the Direct Hire of Students and Recent
Graduates Act of 2017, the head of an agency that makes
an appointment under this section shall submit a report
to--
(A) Congress that assesses the impact of the
use of the authority provided under this
section during the fiscal year in which the
report is submitted; and
(B) the Director that contains data that the
Director considers necessary for the Director
to assess the impact and effectiveness of the
authority described in subparagraph (A).
(2) Content.--The head of an agency shall include in
each report under paragraph (1)--
(A) the total number of individuals appointed
by the agency under this section, as well as
the number of such individuals who are--
(i) minorities or members of other
underrepresented groups; or
(ii) veterans;
(B) recruitment sources;
(C) the total number of individuals appointed
by the agency during the applicable fiscal year
to a position in the competitive service at the
GS-11 level, or an equivalent level, or below;
and
(D) any additional data specified by the
Director.
(i) Special Provision Regarding The Department Of
Defense.--
(1) Authority.--Nothing in this section shall
preclude the Secretary of Defense from exercising any
authority 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 for the administration of this section shall
not apply to the Department of Defense during the
period ending on the date on which the appointment
authority of the Secretary 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.
* * * * * * *
[all]