II 

115TH CONGRESS 

1ST SESSION S. 1887 

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 

A BILL 

To grant expedited hiring authority to the head of an agency 

to appoint college graduates and post-secondary students. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Direct Hire of Stu5 dents and Recent Graduates Act of 2017’’. 


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1 SEC. 2. EXPEDITED HIRING AUTHORITY FOR COLLEGE 

2 GRADUATES AND POST-SECONDARY STU3 DENTS. 

4 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

5 5, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 3115. Expedited hiring authority for college grad8 uates; competitive service 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

11 the Director of the Office of Personnel Management. 

12 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

13 The term ‘institution of higher education’ has the 

14 meaning given the term in section 101(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

16 ‘‘(b) APPOINTMENT.— 

17 ‘‘(1) IN GENERAL.—The head of an agency may 

18 appoint, without regard to any provision of sections 

19 3309 through 3319 and 3330, a qualified individual 

20 to a position in the competitive service classified in 

21 a professional or administrative occupational cat22 egory at the GS–11 level, or an equivalent level, or 

23 below. 

24 ‘‘(2) RESTRICTIONS.—An appointment under 

25 paragraph (1) shall be made in accordance with reg26 ulations prescribed by the Director. 


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1 ‘‘(c) QUALIFICATIONS FOR APPOINTMENT.—The 

2 head of an agency may make an appointment under sub3 section (b) only if the individual being appointed— 

4 ‘‘(1) has received a baccalaureate or graduate 

5 degree from an institution of higher education; 

6 ‘‘(2) applies for the position— 

7 ‘‘(A) not later than 2 years after the date 

8 on which the individual being appointed re9 ceived the degree described in paragraph (1); or 

10 ‘‘(B) in the case of an individual who has 

11 completed a period of not less than 4 years of 

12 obligated service in a uniformed service, not 

13 later than 2 years after the date of the dis14 charge or release of the individual from that 

15 service; and 

16 ‘‘(3) meets each minimum qualification stand17 ard prescribed by the Director for the position to 

18 which the individual is being appointed. 

19 ‘‘(d) PUBLIC NOTICE AND ADVERTISING.— 

20 ‘‘(1) IN GENERAL.—The head of an agency 

21 making an appointment under subsection (b) shall 

22 publicly advertise positions under this section. 

23 ‘‘(2) REQUIREMENTS.—In carrying out para24 graph (1), the head of an agency shall— 

25 ‘‘(A) adhere to merit system principles; 


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1 ‘‘(B) advertise positions in a manner that 

2 provides for diverse and qualified applicants; 

3 and 

4 ‘‘(C) ensure potential applicants have ap5 propriate information relevant to the positions 

6 available. 

7 ‘‘(e) LIMITATION ON APPOINTMENTS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the total number of employees that the 

10 head of an agency may appoint under this section 

11 during a fiscal year may not exceed the number 

12 equal to 15 percent of the number of individuals 

13 that the agency head appointed during the previous 

14 fiscal year to a position in the competitive service 

15 classified in a professional or administrative occupa16 tional category, at the GS–11 level, or an equivalent 

17 level, or below, under a competitive examining proce18 dure. 

19 ‘‘(2) EXCEPTIONS.—Under a regulation pre20 scribed under subsection (f), the Director may estab21 lish a lower limit on the number of individuals that 

22 may be appointed under paragraph (1) of this sub23 section during a fiscal year based on any factor the 

24 Director considers appropriate. 


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1 ‘‘(f) REGULATIONS.—Not later than 180 days after 

2 the date of enactment of the Direct Hire of Students and 

3 Recent Graduates Act of 2017, the Director shall issue 

4 interim regulations, with an opportunity for comment, for 

5 the administration of this section. 

6 ‘‘(g) REPORTING.— 

7 ‘‘(1) IN GENERAL.—Not later than September 

8 30 of each of the first 3 fiscal years beginning after 

9 the date of enactment of the Direct Hire of Students 

10 and Recent Graduates Act of 2017, the head of an 

11 agency that makes an appointment under this sec12 tion shall submit to Congress a report assessing the 

13 impact of the use of the authority provided under 

14 this section during the fiscal year in which the re15 port is submitted. 

16 ‘‘(2) CONTENT.—The head of an agency shall 

17 include in each report under paragraph (1)— 

18 ‘‘(A) the total number of individuals ap19 pointed by the agency under this section, as 

20 well as the number of such individuals who 

21 are— 

22 ‘‘(i) minorities or members of other 

23 underrepresented groups; or 

24 ‘‘(ii) veterans; 

25 ‘‘(B) recruitment sources; 


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1 ‘‘(C) the total number of individuals ap2 pointed by the agency during the applicable fis3 cal year to a position in the competitive service 

4 classified in a professional or administrative oc5 cupational category at the GS–11 level, or an 

6 equivalent level, or below; and 

7 ‘‘(D) any additional data specified by the 

8 Director of the Office of Personnel Manage9 ment. 

10 ‘‘(3) SUBMISSION TO OFFICE OF PERSONNEL

11 MANAGEMENT.—Upon request of the Director of the 

12 Office of Personnel Management, the head of an 

13 agency that submits a report to Congress under 

14 paragraph (1) shall submit a copy of the report to 

15 the Director. 

16 ‘‘(h) SPECIAL PROVISION REGARDING THE DEPART17 MENT OF DEFENSE.— 

18 ‘‘(1) AUTHORITY.—Nothing in this section shall 

19 preclude the Secretary of Defense from exercising 

20 any authority to appoint a recent graduate under 

21 section 1106 of the National Defense Authorization 

22 Act for Fiscal Year 2017 (10 U.S.C. note prec. 

23 1580), or any applicable successor statute. 

24 ‘‘(2) REGULATIONS.—Any regulations pre25 scribed by the Director for the administration of this 


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1 section shall not apply to the Department of Defense 

2 during the period ending on the date on which the 

3 appointment authority of the Secretary of Defense 

4 under section 1106 of the National Defense Author5 ization Act for Fiscal Year 2017 (10 U.S.C. note 

6 prec. 1580), or any applicable successor statute, ter7 minates. 

8 ‘‘§ 3116. Expedited hiring authority for post-sec9 ondary students; competitive service 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

12 the Director of the Office of Personnel Management. 

13 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

14 The term ‘institution of higher education’ has the 

15 meaning given the term in section 101(a) of the 

16 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

17 ‘‘(3) STUDENT.—The term ‘student’ means an 

18 individual enrolled or accepted for enrollment in an 

19 institution of higher education who is pursuing a 

20 baccalaureate or graduate degree on at least a part21 time basis as determined by the institution of higher 

22 education. 

23 ‘‘(b) APPOINTMENT.— 

24 ‘‘(1) IN GENERAL.—The head of an agency may 

25 make a time-limited appointment of a student, withVerDate Sep 11 2014 21:33 Oct 04, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1887.IS S1887

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1 out regard to any provision of sections 3309 through 

2 3319 and 3330, to a position in the competitive 

3 service at the GS–11 level, or an equivalent level, or 

4 below for which the student is qualified. 

5 ‘‘(2) RESTRICTIONS.—An appointment under 

6 paragraph (1) shall be made in accordance with reg7 ulations prescribed by the Director. 

8 ‘‘(c) PUBLIC NOTICE.— 

9 ‘‘(1) IN GENERAL.—The head of an agency 

10 making an appointment under subsection (b) shall 

11 publicly advertise positions available under this sec12 tion. 

13 ‘‘(2) REQUIREMENTS.—In carrying out para14 graph (1), the head of an agency shall— 

15 ‘‘(A) adhere to merit system principles; 

16 ‘‘(B) advertise positions in a manner that 

17 provides for diverse and qualified applicants; 

18 and 

19 ‘‘(C) ensure potential applicants have ap20 propriate information relevant to the positions 

21 available. 

22 ‘‘(d) LIMITATION ON APPOINTMENTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the total number of students that the 

25 head of an agency may appoint under this section 


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1 during a fiscal year may not exceed the number 

2 equal to 15 percent of the number of students that 

3 the agency head appointed during the previous fiscal 

4 year to a position in the competitive service at the 

5 GS–11 level, or an equivalent level, or below. 

6 ‘‘(2) EXCEPTIONS.—Under a regulation pre7 scribed under subsection (g), the Director may es8 tablish a lower limit on the number of students that 

9 may be appointed under paragraph (1) of this sub10 section during a fiscal year based on any factor the 

11 Director considers appropriate. 

12 ‘‘(e) CONVERSION.—The head of an agency may, 

13 without regard to any provision of chapter 33 or any other 

14 provision of law relating to the examination, certification, 

15 and appointment of individuals in the competitive service, 

16 convert a student serving in an appointment under sub17 section (b) to a permanent appointment in the competitive 

18 service within the agency without further competition if 

19 the student— 

20 ‘‘(1) has completed the course of study leading 

21 to the baccalaureate or graduate degree; 

22 ‘‘(2) has completed not less than 640 hours of 

23 current continuous employment under subsection 

24 (b); and 


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1 ‘‘(3) meets the qualification standards for the 

2 position to which the student will be converted. 

3 ‘‘(f) TERMINATION.—The head of an agency shall, 

4 without regard to any provision of chapter 35 or 75, termi5 nate the appointment of a student appointed under sub6 section (b) upon completion of the designated academic 

7 course of study unless the student is selected for conver8 sion under subsection (e). 

9 ‘‘(g) REGULATIONS.—Not later than 180 days after 

10 the date of enactment of the Direct Hire of Students and 

11 Recent Graduates Act of 2017, the Director shall issue 

12 interim regulations, with an opportunity for comment, for 

13 the administration of this section. 

14 ‘‘(h) REPORTING.— 

15 ‘‘(1) IN GENERAL.—Not later than September 

16 30 of each of the first 3 fiscal years beginning after 

17 the date of enactment of the Direct Hire of Students 

18 and Recent Graduates Act of 2017, the head of an 

19 agency that makes an appointment under this sec20 tion shall submit to Congress a report assessing the 

21 impact of the use of the authority provided under 

22 this section during the fiscal year in which the re23 port is submitted. 

24 ‘‘(2) CONTENT.—The head of an agency shall 

25 include in each report under paragraph (1)— 


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1 ‘‘(A) the total number of individuals ap2 pointed by the agency under this section, as 

3 well as the number of such individuals who 

4 are— 

5 ‘‘(i) minorities or members of other 

6 underrepresented groups; or 

7 ‘‘(ii) veterans; 

8 ‘‘(B) recruitment sources; 

9 ‘‘(C) the total number of individuals ap10 pointed by the agency during the applicable fis11 cal year to a position in the competitive service 

12 at the GS–11 level, or an equivalent level, or 

13 below; and 

14 ‘‘(D) any additional data specified by the 

15 Director of the Office of Personnel Manage16 ment. 

17 ‘‘(3) SUBMISSION TO OFFICE OF PERSONNEL

18 MANAGEMENT.—Upon request of the Director of the 

19 Office of Personnel Management, the head of an 

20 agency that submits a report to Congress under 

21 paragraph (1) shall submit a copy of the report to 

22 the Director. 

23 ‘‘(i) SPECIAL PROVISION REGARDING THE DEPART24 MENT OF DEFENSE.— 


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1 ‘‘(1) AUTHORITY.—Nothing in this section shall 

2 preclude the Secretary of Defense from exercising 

3 any authority to appoint a post-secondary student 

4 under section 1106 of the National Defense Author5 ization Act for Fiscal Year 2017 (10 U.S.C. note 

6 prec. 1580), or any applicable successor statute. 

7 ‘‘(2) REGULATIONS.—Any regulations pre8 scribed by the Director for the administration of this 

9 section shall not apply to the Department of Defense 

10 during the period ending on the date on which the 

11 appointment authority of the Secretary of Defense 

12 under section 1106 of the National Defense Author13 ization Act for Fiscal Year 2017 (10 U.S.C. note 

14 prec. 1580), or any applicable successor statute, ter15 minates.’’. 

16 (b) TABLE OF SECTIONS AMENDMENTS.—The table 

17 of sections for subchapter I of chapter 31 of title 5, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

‘‘3115. Expedited hiring authority for college graduates; competitive service. 

‘‘3116. Expedited hiring authority for post-secondary students; competitive service.’’. 

Æ 


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