[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1887 Reported in Senate (RS)]
<DOC>
Calendar No. 299
115th CONGRESS
2d Session
S. 1887
[Report No. 115-205]
To grant expedited hiring authority to the head of an agency to appoint
college graduates and post-secondary students.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2017
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
February 5, 2018
Reported by Mr. Johnson, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To grant expedited hiring authority to the head of an agency to appoint
college graduates and post-secondary students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Direct Hire of Students and Recent
Graduates Act of 2017''.
SEC. 2. EXPEDITED HIRING AUTHORITY FOR COLLEGE GRADUATES AND POST-
SECONDARY STUDENTS.
(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by adding at the end the following:
``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 subsection (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 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
for comment, for the administration of this section.
``(g) Reporting.--
<DELETED> ``(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 to Congress a report assessing
the impact of the use of the authority provided under this
section during the fiscal year in which the report is
submitted.</DELETED>
``(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
of the Office of Personnel Management.
<DELETED> ``(3) Submission to office of personnel
management.--Upon request of the Director of the Office of
Personnel Management, the head of an agency that submits a
report to Congress under paragraph (1) shall submit a copy of
the report to the Director.</DELETED>
``(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) Restrictions.--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) Limitation 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 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);
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.--
<DELETED> ``(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 to Congress a report assessing
the impact of the use of the authority provided under this
section during the fiscal year in which the report is
submitted.</DELETED>
``(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
of the Office of Personnel Management.
<DELETED> ``(3) Submission to office of personnel
management.--Upon request of the Director of the Office of
Personnel Management, the head of an agency that submits a
report to Congress under paragraph (1) shall submit a copy of
the report to the Director.</DELETED>
``(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.''.
(b) Table of Sections Amendments.--The table of sections for
subchapter I of chapter 31 of title 5, United States Code, is amended
by adding at the end the following:
``3115. Expedited hiring authority for college graduates; competitive
service.
``3116. Expedited hiring authority for post-secondary students;
competitive service.''.
Calendar No. 299
115th CONGRESS
2d Session
S. 1887
[Report No. 115-205]
_______________________________________________________________________
A BILL
To grant expedited hiring authority to the head of an agency to appoint
college graduates and post-secondary students.
_______________________________________________________________________
February 5, 2018
Reported with amendments