5 U.S.C. § 9905: Direct hire authority for…

Summary

Lets the Secretary of Defense hire qualified people directly into many types of Department of Defense competitive jobs without using most of the usual competitive hiring rules, while still following sections 3303, 3307, and 3328 of chapter 33. The hiring authority covers jobs such as depot maintenance and repair, cyber work, acquisition managers for service contracts, science/technology/engineering roles (including Major Range and Test Facilities Base), STEM roles in the acquisition workforce or any acquisition categories the Secretary names as shortage or critical need (this is paragraph (5)), STEM jobs that need a bachelor’s or advanced degree or involve veteran candidates (with an exception for certain labs), medical and health professionals in shortage, childcare positions with critical need, finance and business roles that need related degrees, business transformation and management innovation posts, military housing supervisors, aircraft support roles with critical need, public safety/law enforcement/first-response support, and positions supporting the Special Inspector General for Operation Atlantic Resolve. The authority ends on September 30, 2030, except it keeps applying to the jobs listed in paragraph (5). From the day the Defense Department’s rules become effective for the jobs in paragraphs (5)–(10) until September 30, 2030, the Secretary cannot use these other hiring authorities: sections 1599c(a)(2) and 1705(h) of title 10; sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033); sections 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2450 and 2602); and sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406 and 1627).

Title 5, §9905

Government Organization and Employees, Source: USLM XML via OLRC

(a)In General.—

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)Sunset.—

(1)In general.—

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

(2)Exception.—

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)Suspension of Other Hiring Authorities.—

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