September 16, 2021 

Memorandum 

To: Heads of Bureaus and Offices

From: Jennifer A. Ackerman

 Director, Office of Human Capital 

 Deputy Chief Human Capital Officer 

Subject: Hiring Authority for Post-Secondary Students 

This memo serves to clarify implementation of the hiring authority referenced in Public Law 

115-232, the National Defense Authorization Act (NDAA) for Fiscal Year 2019. Section 1108 of 

the NDAA established a new hiring authority, 5 USC 3316, for appointing certain postsecondary students to positions GS-11 and below in the competitive service and directs the 

Office of Personnel Management (OPM) to issue regulations to implement this authority. The 

new hiring authority 5 USC 3116 was amended by Public Law 116-92, the NDAA for Fiscal 

Year 2020. 

On August 18, 2021, OPM issued interim guidance to create a new subpart I of 5 CFR 316 and 

revise 5 CFR 330. This rule allows agencies to make temporary and term appointments of 

eligible individuals into the competitive service, without regard to CTAP, ICTAP, or veterans’ 

preference. This hiring authority is meant to compliment the current Pathways-Internship 

Program, not to replace. 

The Department of the Interior (DOI) authorizes use of this rule to all Bureaus and Offices, 

effective September 17, 2021. This guidance will be in place until a Personnel Bulletin is issued. 

Provisions of the new rule include: 

• Appointment. Appointments under this authority may be made on a temporary or term 

basis at the General Schedule GS-11 level or below (or equivalent). Position filled must 

be classified to a Student Trainee Series, XX99 series of the appropriate occupational 

group. Positions filled under the Federal Wage System (FWS) must be classified to the -

XX01 series of the appropriate occupational group. Appointments made under this 

authority, are subject to the time limitations in 5 CFR part 316, unless the DOI obtains 

OPM's permission to extend in individual cases. 

• Eligibility. A post-secondary student means an individual who: 

o Is enrolled or accepted for enrollment in an institution of higher education as 

defined by the Higher Education Act of 1965, in a section codified at 20 

U.S.C.1001(a); and

o Is pursuing a baccalaureate or graduate degree on at least a part-time basis, as 
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determined by the institution of higher education; and

o Meets the minimum qualification standards prescribed or approved by OPM for 

the position to which the individual is being appointed.

Bureaus must use discretion and examine all application materials to ensure eligibility is 

met, prior to appointment.

• Qualifications. Individuals appointed under this authority must meet the governmentwide OPM-prescribed minimum qualification standard, or OPM-approved agencyspecific qualification standard, for the position being filled. This interim regulation 

allows agencies to make appointments of post-secondary students directly into the 

competitive service positions, without regard to rating, ranking, veterans' preference.

• Job Opportunity Announcements (JOA). DOI (Bureaus/Offices) must adhere to merit 

system principles and thus must provide public notification in a manner that recruits 

qualified individuals from appropriate sources in an endeavor to draw from all segments 

of society, before filling a position under these interim regulations.

During this interim period (and to be examined as part of formulating of a permanent 

policy), JOAs under this authority must be posted to USAJOBS, via DOI’s Talent 

Management System; USAStaffing.

• Breaks in (Course of Study/Education) Programs. A break in program is defined as a 

period of time when a student is working but is unable to go to school or is neither 

attending classes nor working at the agency. The intent of the program is for students to 

either attend classes, work at the agency or both. DOI (Bureaus/Offices) may use

discretion in either approving or denying a request for a break in program. A break(s) in 

course of study/education programs should not be used as a catalyst to extend any timelimited appointment under this authority.

• Promotion. DOI (Bureaus/Offices) may promote a student appointed for an initial period 

expected to last more than 1 year but less than 4 years, provided the student meets the 

qualification requirements for the higher graded position, time in grade requirements in 5 

CFR part 300, subpart F, and the public notification for the position filled by the student 

stated the potential for promotion and specified a career ladder.

• Conversion. DOI (Bureau/Office) may convert a post-secondary student to a permanent 

appointment in the competitive service, within that same agency, without further 

competition if the student:

o Has completed the course of study leading to the baccalaureate or graduate 

degree,

o Has completed not less than 640 hours of current continuous employment in an

appointment under § 316.902,

o Meets the OPM qualification standards for the position to which the student will 

be converted; and

o Meets the time-in-grade requirements in accordance with 5 CFR part 300, subpart 

F.
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• Numerical Limit for Number of Appointments. The total number of appointments in 

any fiscal year may not exceed 15 percent (15%) of the number of students appointed 

during the previous fiscal year to positions at the GS-11 level, or below (or equivalent). 

DOI may not count appointments made using direct hire authorities, non-competitive 

authorities, excepted service authorities (except, Pathways Internship Program 

appointments under § 213.3402 (a) and 5 CFR part 362, subpart B), or selections under 

merit promotion authorities, when establishing the limit for a given fiscal year.

o DOI must count hires through programs that provide for conversion to the 

competitive service after a trial period, such as the Pathways Internship Program.

o OPM may establish a lower limitation on the number of students that may be 

appointed by an agency under paragraph (a) of this section during a fiscal year 

based on any factor OPM considers appropriate.

o Bureaus/Offices must provide an annual fiscal year report to the DOI Office of 

Human Capital no later than November 1st of each year (Appendix A). The report 

shall include student information and the status of appointment allocations 

including availability, conversion, and termination.

• Termination. Any appointment made under this authority expires upon the not-to exceed 

date of that appointment, unless the agency extends the appointment prior to expiration, if

not earlier. An agency must terminate the appointment of a student after completion of 

the individual's academic course of study, unless the student is noncompetitively 

converted to a permanent position in the competitive service as specified in interim 

regulations.

When using this authority, the Servicing Human Resources Office (SHRO) must use the legal 

authority code (LAC) “ZLM – P.L. 116-92” and the following nature of action codes (NOAC) 

for non-status, time-limited appointments in the competitive service:

• 115 – Appt NTE

• 515 – Conv to Appt NTE

• 108 – Term Appt NTE

• 508 – Conv to Term Appt NTE

Bureau policy leads may contact the DOI Office of Human Capital with any questions.

Cc: DOI Human Capital Officers
APPENDIX A

Hiring Authority for Post-Secondary Students

Annual Report of Appointment Allocations

SHROs must provide an annual fiscal year report to the DOI Office of Human Capital no later than November 1st of each year.

Servicing Human Resources Office: _______________________________________________ 

Report for Fiscal Year: __________________________________________________________ 

A. Total Number of Student Hires for Previous Fiscal Year: _________________________ 

B. Total Allocations for Current Fiscal Year (15% of Item A): _______________________ 

Bureau/ 

Office

Student Name Pay Plan, 

Series, Grade

Duty Location Dates of 

Employment

Type of 

Appointment

Status of 

Appointment

Notes/ Remarks