Title 5, Government Organization and EmployeesRelease 119-102

§9806 Term Appointments

Title 5 › PART III — EMPLOYEES › Subpart I — Miscellaneous › CHAPTER 98 — NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9806

Last updated Aug 21, 2026|Official source

Summary

The Administrator can create term jobs in the Administration that last at least 1 year and at most 6 years under the chapter 33 hiring rules. The Administrator can make a term employee permanent without another open competition if five things are true: the person got the term job by an open competitive exam; the job announcement said conversion might be possible; the employee has at least 2 years of continuous service in the term job; the employee’s performance was at least fully successful; and the permanent job is in the same job series and location and has no greater promotion potential. The Administrator may instead use internal promotion procedures if the first four conditions are met. After conversion, the employee becomes career-conditional unless they already completed the service needed for career tenure, and they gain competitive status at the time of conversion.

Full Legal Text

Title 5, §9806

Government Organization and Employees, Source: USLM XML via OLRC

(a)The Administrator may authorize term appointments within the Administration under subchapter I of chapter 33, for a period of not less than 1 year and not more than 6 years.
(b)Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if—
(1)such individual was appointed under open, competitive examination under subchapter I of chapter 33 to the term position;
(2)the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment;
(3)the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;
(4)the employee’s performance under such term appointment was at least fully successful or equivalent; and
(5)the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.
(c)Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under paragraphs (1) through (4) of subsection (b) are met.
(d)An employee converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure.
(e)An employee converted to career or career-conditional employment under this section acquires competitive status upon conversion.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9806

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102