§9905 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of Defense may hire qualified people directly into many Defense Department competitive-service jobs without following most of the usual federal hiring rules in subchapter I of chapter 33, but must still follow sections 3303, 3307, and 3328. The authority covers many kinds of jobs, including maintenance and depot repair; cyber work; acquisition managers for services; science, technology, and engineering roles (including Major Range and Test Facilities Base); STEM and technician roles in the defense acquisition workforce and any acquisition categories the Secretary names as shortage or critical need (paragraph (5)); degree-required STEM jobs and veteran-considered jobs; medical and health professions the Secretary calls shortage; childcare where providers are scarce; finance, accounting, auditing, actuarial, cost estimation, operations research, and related business roles; business transformation and management innovation posts; military housing supervisors; aircraft operations support; public safety, law enforcement, and first-response support; and positions supporting the Special Inspector General for Operation Atlantic Resolve. Except as noted below, this hiring authority ends on September 30, 2030. The authority to hire for the paragraph (5) positions does not expire. From the time rules are issued to implement hiring for paragraphs (5)–(10) until September 30, 2030, the Secretary may not use other hiring authorities listed in sections 1599c(a)(2) and 1705(h) of title 10; sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114–92; 129 Stat. 1033); sections 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328; 130 Stat. 2450 and 2602); or sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91; 131 Stat. 1406 and 1627.

Title 5, §9905

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than section 3303, 3307, and 3328 of such chapter), qualified candidates to any of the following positions in the competitive service in the Department of Defense:

(1)Any position involved with Department maintenance activities, including depot-level maintenance and repair.

(2)Any cyber workforce position.

(3)Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.

(4)Any science, technology, or engineering position, including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and provide for the maintenance of legacy systems.

(5)Any scientific, technical, engineering, or mathematics positions, including technicians, within the defense acquisition workforce, or any category of acquisition positions within the Department designated by the Secretary as a shortage or critical need category.

(6)Any scientific, technical, engineering, or mathematics position, except any such position within any defense Scientific and Technology Reinvention Laboratory, for which a qualified candidate is required to possess a bachelor’s degree or an advanced degree, or for which a veteran candidate is being considered.

(7)Any category of medical or health professional positions within the Department designated by the Secretary as a shortage category or critical need occupation.

(8)Any childcare services position for which there is a critical hiring need and a shortage of childcare providers.

(9)Any financial management, accounting, auditing, actuarial, cost estimation, operational research, or business or business administration position for which a qualified candidate is required to possess a finance, accounting, management or actuarial science degree or a related degree, or a related degree of equivalent experience.

(10)Any position, as determined by the Secretary, for the purpose of assisting and facilitating the efforts of the Department in business transformation and management innovation.

(11)Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title 10.

(12)Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need or shortage of candidates.

(13)Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need or shortage of candidates.

(14)Any position in support of Special Inspector General for Operation Atlantic Resolve for which the Secretary determines there is a critical hiring need and shortage of candidates.

(b)(1)Except as provided in paragraph (2), effective on September 30, 2030, the authority provided under subsection (a) shall expire.

(2)Paragraph (1) shall not apply to the authority provided under subsection (a) to make appointments to positions described under paragraph (5) of such subsection.

(c)During the period beginning on the effective date of the regulations issued to carry out the hiring authority with respect to positions described in paragraphs (5) through (10) of subsection (a) and ending on the date described in subsection (b)(1), the Secretary of Defense may not exercise or otherwise use any hiring authority provided under the following provisions of law:

(1)section 1599c(a)(2) and 1705(h) of title 10.

(2)section 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033).

(3)section 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2450 and 2602).

(4)section 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406 and 1627).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1112 and 1113 of Pub. L. 114–92, referred to in subsec. (c)(2), are section 1112 and 1113 of Pub. L. 114–92, div. A, title XI, Nov. 25, 2015, 129 Stat. 1033, which are set out as notes under section 1701 of Title 10, Armed Forces. section 1110 and 1643(a)(3) of Pub. L. 114–328, referred to in subsec. (c)(3), are section 1110 of Pub. L. 114–328, div. A, title XI, Dec. 23, 2016, 130 Stat. 2450, which is set out as a note preceding section 1580 of Title 10, Armed Forces, and section 1643(a)(3) of Pub. L. 114–328, div. A, title XVI, Dec. 23, 2016, 130 Stat. 2602, which is set out in a note under section 1599f of Title 10. section 559 and 1101 of Pub. L. 115–91, referred to in subsec. (c)(4), are section 559 of Pub. L. 115–91, div. A, title V, Dec. 12, 2017, 131 Stat. 1406, which is set out as a note under section 1792 of Title 10, Armed Forces, and section 1101 of Pub. L. 115–91, div. A, title XI, Dec. 12, 2017, 131 Stat. 1627, which is set out as a note preceding section 1580 of Title 10.

Amendments

2023—Subsec. (a). Pub. L. 118–31, § 1104(1), inserted “, 3307,” after “3303”. Subsec. (a)(12), (13). Pub. L. 118–31, § 1104(2), added pars. (12) and (13). Subsec. (a)(14). Pub. L. 118–31, § 1250B(i)(1), added par. (14). Subsec. (b)(1). Pub. L. 118–31, § 1250B(i)(2), substituted “

September 30, 2030” for “

September 30, 2025”. 2021—Subsec. (a)(11). Pub. L. 116–283 added par. (11). 2019—Subsec. (a)(2). Pub. L. 116–92, § 1109(a)(1)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any position involved with cybersecurity.” Subsec. (a)(5) to (10). Pub. L. 116–92, § 1109(a)(1)(B), added pars. (5) to (10). Subsecs. (b), (c). Pub. L. 116–92, § 1109(a)(2), added subsecs. (b) and (c) and struck out former subsec. (b) which provided that effective on Sept. 30, 2025, the authority provided under subsec. (a) would expire.

§9905 Direct hire authority for certain personnel of the Department of Defense