Hiring Authorities

Direct-Hire Authorities
Authorities: 5 U.S.C. Section 3304 and 5 CFR Part 337, Subpart B

Using OPM-approved government wide or agency specific direct-hire authorities, agencies may
appoint candidates to positions without regard to the requirements in title 5 U.S.C. 3309 through
3318. In order for an agency to use direct hire, OPM must determine that there is either a severe
shortage of candidates or a critical hiring need for a position or group of positions.

When using the direct-hire authority, agencies must adhere to the public notice requirements in 5
U.S.C. 3327 and 3330 , and the displaced employee procedures in 5 CFR part 330 , subparts B ,
F , and G . When documenting appointments using a direct-hire authority, an agency must use
two authority codes. The first code is "AYM" and will automatically fill in with "Reg.
337.201." The second authority code will be the individual one associated with the specific
direct-hire authority. These codes are listed below along with the information about each direct-
hire authority.

Government wide Direct-Hire Authorities

Medical Occupations - All grade levels at all locations for the following occupations (GW001,
issued June 20, 2003), Second authority code BAB:

Diagnostic Radiologic Technologist, GS-0647

Medical Officer, GS-0602

Nurse, GS-0610, GS-0620

Pharmacist, GS-0660

Information Technology Management (Information Security), GS-2210, GS-9 and above at

all locations (GW002, issued June 20, 2003), Second authority Code: BAC

Positions involved in Iraqi Reconstruction Efforts that require fluency in Arabic or other
related Middle Eastern languages at all WG levels, single-grade interval occupations in the
General Schedule (GS), and two-grade interval GS occupations at GS-9 and above. Agencies
may appoint U.S. citizens to positions at all locations. (GW003, issued July 1, 2003), Second
authority Code: BAD

GW-004, Effective September 30, 2012 is extended by Sec. 1103 of the National Defense
Authorization Act (NDAA) for Federal Acquisition positions covered under title 41, United
States Code 433(g)(1)(A). This authority is based on a severe-shortage of candidates. Prior to
using this authority, the department and agency heads (other than the Secretary of Defense) must
determine whether a shortage of highly qualified individuals exists. When determining the

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existence of a shortage of highly qualified individuals, agencies are required to use the
supporting evidence prescribed in 5 CFR 337.204(b). The supporting evidence must be kept in a
file for documentation and reporting purposes. In accordance with 5 CFR 337.206(c), OPM may
request information from agencies on their use and implementation of this direct-hire authority.
This authority expires on September 30, 2017. Agencies may not appoint any individual to a
position of employment using this authority after September 30, 2017. The legal authority code
for SF-50 item 5-E is BAE.

GW-006 (VMO) Issued on February 12, 2009 for Veterinary Medical Officer positions at the
GS-11 through GS-15 grade levels (or equivalent) nationwide to include overseas territories and
commonwealths including Puerto Rico, Guam, and Virgin Islands, may be used indefinitely or
until OPM terminates this authority. This authority is based on a severe shortage of candidates. In
accordance with 5 CFR 337.206(c) , OPM may request information from agencies on their use
and implementation of this direct-hire authority. On a periodic basis OPM will determine if
continued use is supportable. The legal authority code for SF-50 item 5-E is "BAG."

Competitive Examining
Authorities: 5 U.S.C. Chapter 33; 5 CFR Part 332 ; 5 CFR Part 315, Subpart C ; 5 CFR Part 337

Competitive examining is the traditional method for making appointments to competitive service
positions and requires adherence to title 5's competitive examining requirements. OPM may
delegate authority, by agreement, to an agency to examine for all of its competitive service
positions (except administrative law judges). Vacancies filled through the competitive
examining process are open to the public.

Current and Former Competitive Service Employees

Authorities: 5 CFR Part 315, Subparts D and E

Agencies may appoint current career and career-conditional employees by transfer (Subpart E).

Agencies may appoint former career and career-conditional employees by reinstatement, but
certain time limits may apply (Subpart D).

Employees appointed by transfer or reinstatement may be required to compete under the agency's
merit promotion program. See 5 CFR Part 335 .

Noncompetitive Conversion
Several Government wide appointing authorities, listed below, permit or require agencies to
noncompetitively convert employees to career or career-conditional appointments from excepted
service or temporary appointments. In addition, some agencies may have their own conversion
authority(ies) based on specific provisions of law.

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 Hiring Authorities
Veterans Recruitment Appointment

Authorities: 38 U.S.C. 4214; 5 CFR Part 307 ; 5 CFR 315.705

Disabled Veterans

Authorities: 5 U.S.C. 3112 ; 5 CFR 316.402(b)(4) ; 5 CFR 315.707

Persons with Intellectual Disabilities, Severe Physical Disabilities, or Psychiatric

Disabilities

Authorities: Executive Orders 12125, and 13124; 5 CFR 3.1(b) ; 5 CFR 213.3102(u) ; 5 CFR
315.709

Student Career Experience Program

Authorities: Executive Order 12015; 5 CFR 213.3202(b)

Presidential Management Fellows Program

Authorities: Executive Order 12364; 5 CFR 213.3102(ii) ; 5 CFR Part 362 ; 5 CFR 315.708

Interchange Agreements With Other Merit Systems

Authorities: Civil Service Rule 6.7 (5 CFR 6.7 )

Current Agreements

Under Rule 6.7, OPM and an agency having an established merit system in the excepted service
may enter into an agreement prescribing conditions under which employees may be moved from
the agency's system to the competitive service. OPM has agreements with:

Tennessee Valley Authority

Covers employees in salary policy positions (trades and labor positions are not
covered). Agreement effective 10/16/57; extended indefinitely.

Nuclear Regulatory Commission

Agreement effective 10/1/75; extended indefinitely.

Veterans Health Administration of the Department of Veterans Affairs

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Covers employees who occupy medical or medical-related positions and were appointed under
38 U.S.C. 7401(1) or (3) [formerly 38 U.S.C. 4104(1) and (3)]. Agreements effective 10/31/79
and 5/12/87; extended indefinitely.

Nonappropriated Fund (NAF) employees of the Department of Defense

Agreement effective 9/20/91; extended indefinitely. Also see the paragraph on the portability of
benefits for nonappropriated fund employees.

Federal Aviation Administration

Agreement effective 11/6/97; expires 12/31/17.

Department of Homeland Security, Transportation Security Administration

Agreement effective 01/31/13; expires 01/31/18.

Corporation for National and Community Service

Agreement effective 03/04/13; expires 03/05/19.

This agreement includes employees assigned to the Office of the Inspector General (OIG).

Appointment Conditions

An agency may noncompetitively appoint an employee covered by an interchange agreement to

a career or career-conditional appointment subject to the conditions listed below. Each
interchange agreement specifies these conditions. The conditions do not appear in the Code of
Federal Regulations. Individuals who do not meet the requirements for appointment under the
interchange agreement may apply for a position under competitive examining or other
appointment procedures, provided the individual satisfies all applicable eligibility requirements.

Qualifying for appointment in other merit systems

To be eligible for career or career-conditional appointment, a person must:

a. Be currently serving under an appointment without time limit in the other merit system or
have been involuntarily separated from such appointment without personal cause within
the preceding year; AND

b. Be currently serving in or have been involuntarily separated from a position covered by

an interchange agreement (some agreements do not cover all positions of the other merit
system); AND

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c. Have served continuously for at least 1 year in the other merit system prior to
appointment under the interchange agreement

1. A person who previously met this requirement, separated, and later returned to an
appointment without time limit, is considered as having met this requirement,
regardless of length of service under the current appointment. (See paragraph on
type of appointment received when appointed to a competitive service position.)

2. Eligible employees under appointment without time limit in the Department of

Defense Nonappropriated Fund Instrumentalities (NAFI) system may include
flexible employees, who work the equivalent of a part-time, intermittent, or on-
call schedule. To determine their creditable service, apply the rules in 5 CFR
315.201(b)(4)

Appointment requirements

A person must be appointed to the competitive service without a break in service of 1 workday,
except that a person may be appointed within 1 year after being involuntarily separated from the
other merit system. The qualification standards (including internal placement provisions, subject
to 5 CFR Part 335 ) and requirements, appointing documents, and determinations for these
appointees are the same as for transfer of employees within the competitive service.

Selection

Eligible persons may be considered for appointment to positions in the same manner that other
individuals are considered for noncompetitive appointment. The appointments are not subject to
the merit promotion provisions of 5 CFR Part 335 unless required by agency policy.

Type of appointment

Persons appointed to competitive positions under the interchange agreements will receive career
or career-conditional appointments, depending on whether they meet the 3-year service
requirement for career tenure or are exempt from it under 5 CFR 315.201(c) . Service that
begins with a person's current permanent appointment in the other merit system counts toward
the 3-year service requirement for career tenure. Interchange agreements do not authorize
temporary or term appointments.

Probation and status

Persons appointed under these agreements are not subject to probation under 5 CFR Part 315,
Subpart H , but acquire civil service status on appointment. Appointees are subject to the
supervisory or managerial probationary period in 5 CFR Part 315, Subpart I , but appropriate
service in the other merit system may be considered in determining the applicability of the
probationary period and creditable service toward completion of probation.

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 Hiring Authorities
Appointment in other merit systems

Interchange agreements provide for two-way movement. This means that career and career-
conditional employees are eligible for employment in the other merit systems with which the
U.S. Office of Personnel Management has agreements under conditions similar to those
described in the preceding section. A career or career-conditional employee who is not eligible
for appointment under an interchange agreement may be eligible for appointment consideration
under other appointment procedures of the other merit system.

Portability of Benefits for Nonappropriated Fund Employees

The Portability of Benefits for Nonappropriated Fund Employees Act of 1990 (Pub. L. 101-508)
permits service with a nonappropriated fund instrumentality (NAFI) to be considered when
establishing pay and benefits of a Department of Defense (DOD) NAFI employee who moves to
a civil service appointment within DOD and of a Coast Guard NAFI employee who moves to a
civil service appointment within the Coast Guard on or after January 1, 1987--but only if the
employee moves between the two appointments without a break in service of more than 3 days.
Also, Public Law 104-106 (February 10, 1996) amended the Portability Act to allow certain
retirement benefits with a break in service of not more than 1 year. To be covered by these
provisions, an appointment may be based on the interchange agreement or any other valid
appointing authority.

The following lists some of the more common actions and where instructions can be found on
giving credit for NAFI benefits and service. These provisions apply to any agency subject to a
particular law. For example, an agency subject to the reduction in force provisions of chapter 35
of title 5, United States Code, would apply the instructions below relating to service credit for
reduction in force purposes.

Setting basic pay. See 5 CFR 531.216. Also, a Department of Defense (DOD) Nonappropriated
Fund Instrumentality (NAFI) employee moving within DOD and a Coast Guard NAFI employee
moving within the Coast Guard, without a break in service of more than 3 days, are NOT eligible
for a superior qualifications appointment under 5 CFR 531.212. A NAFI employee moving to
civil service employment under any other circumstance (and with a break of at least 90 days
since his or her last period of Federal or certain District of Columbia employment) may be
considered for a superior qualifications appointment.

Creditable service for a within grade increase. See 5 CFR 531.406(b)(4).

Creditable service for time-in-grade purposes. See 5 CFR 300.605.

Eligibility for grade and pay retention. See 5 CFR Part 536 Subparts B and C, respectively.

Eligibility for severance pay. See 5 CFR 550.705 and 550.708.

Credit for leave accrued in NAFI leave system. See 5 U.S.C. 6308(b).

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Service credit for leave purposes. See the U.S. Office of Personnel Management Operating
Manual, The Guide to Processing Personnel Actions, Chapter 6, section 1-7c.

Service credit for reduction in force purposes. Public Law 104-106 (February 10, 1996) gives
service credit for reduction-in-force (RIF) purposes to employees of Nonappropriated Fund
(NAF) instrumentalities who moved, on or after January 1, 1966, without a break in service of
more than 3 days, from a position in a NAF instrumentality of the Department of Defense or the
Coast Guard to a non-NAF instrumentality position in the Department of Defense or the Coast
Guard, respectively.

Retirement coverage. Public Law 104-106 (February 10, 1996) amended the Portability Act to
allow certain retirement benefits with a break in service of not more than 1 year. See the
implementing regulations published in the Federal Register (FR) on August 9, 1996 (61 FR
41713-41728). This publication amended various provisions of Title 5, Code of Federal
Regulation (5 CFR) and added a new 5 CFR Part 847, Elections of Retirement Coverage by
Current and Former Employees of Nonappropriated Fund Instrumentalities.

Thrift Savings Plan Coverage. See 5 CFR Part 1620, Subpart G, published by the Federal
Retirement Thrift Investment Board in the Federal Register on August 9, 1996 (61 FR 41485-
41488).

Appointment of Foreign Service Employees

Authorities: Executive Order 11219 (5/6/65); Executive Order 12292 (2/23/81); 5 CFR 315.606

Current Agreements

Agencies may noncompetitively appoint to career or career-conditional appointments current and

former Foreign Service employees who meet the criteria under appointment conditions below.

Appointment Conditions

Note: These appointment conditions do not appear in the Code of Federal Regulations (CFR).

Qualifying appointment

To be eligible for a career or career-conditional appointment, a current or former Foreign Service

employee must:

(a) Have served in the Foreign Service under an unlimited, career-type appointment;

(b) Immediately before separation from that appointment, have completed at least 1 year of
continuous service without a break of a workday under one or more nontemporary Foreign
Service appointments, which may include the service that made the employee eligible for career-
type appointment;

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(c) Meet the qualification standard and other requirements governing appointment to the
competitive service, except the individual is not required to compete in a competitive
examination, or under internal merit staffing procedures unless an agency's policies require the
individual to do so; and

(d) Be appointed to the competitive service within 3 years of separation from a Foreign Service
career-type appointment, but the time limit does not apply to an individual entitled to veterans'
preference or one who has completed 3 years of substantially continuous service under one or
more nontemporary Foreign Service appointments immediately before separation from an
unlimited, career-type appointment. [To compute the 3 years of service, apply the rules on breaks
in service and leave without pay contained in 5 CFR 315.201(b).]

Nontemporary Foreign Service appointment means (i) an appointment without condition or

limitation or, (ii) a limited appointment that made the employee eligible for an unlimited, career-
type appointment without a break in service of a workday between the two appointments.

Substantially continuous service means creditable service without a single break of more than 30
calendar days; except for breaks or other employment specifically defined in 5 CFR 315.201(b)
(3).

Type of appointment

A career appointment is given to a person who has completed 3 years of substantially continuous
service immediately before separation from an unlimited, career-type Foreign Service
appointment or who meets a requirement of 5 CFR 315.201(c) for career tenure.

Others appointed under this authority receive a career-conditional appointment. Service that
begins with a nontemporary Foreign Service appointment counts toward the 3-year service
requirement for career tenure only if the person is appointed under this authority within 30 days
after separation from the career-type appointment in the Foreign Service.

Probation and status

Appointees are not subject to a probationary period but acquire civil service status on
appointment.

Miscellaneous Authorities Regulated by the U.S. Office of

Personnel Management
Career or Career-Conditional Appointment Under Special Authorities

Authority: 5 CFR Part 315, Subpart F

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This subpart contains noncompetitive appointing authorities covering a variety of situations and
individuals, such as Peace Corps volunteers, former overseas employees, and incumbents of
positions brought into the competitive service.

Conversion to Career or Career-Conditional Employment From Other Types of

Employment

Authority: 5 CFR Part 315, Subpart G

This subpart contains authorities to noncompetitively convert certain current employees from
nonpermanent to permanent employment, such as employees formerly appointed via competitive
examining and appointments leading to noncompetitive conversion.

Employment in Senior-Level (SL) and Scientific and Professional (ST) Positions

Authority: 5 CFR Part 319

This subpart covers appointments to competitive service positions above the GS-15 level that are
subject to SL and ST salary rates. (See 5 CFR Part 317 for appointments to Senior Executive
Service (SES) positions.)

Miscellaneous Authorities Not Regulated by U.S. Office of

Personnel Management.
What follows is a partial list of appointing authorities authorized by statutes outside of title 5
U.S.C. Because OPM does not regulate these authorities, they do not appear in 5 CFR. For a
description of these authorities, agencies should consult the cited statutes.

Using these authorities, an agency may appoint an eligible individual to any position for which
the person meets the qualification standard and other requirements governing appointment to the
competitive service, except the individual is not required to compete in a competitive
examination. Nor is the individual required to compete with career and career-conditional
employees under internal merit staffing procedures unless an agency's policies require the
individual to do so. The agency must verify applicant eligibility. To determine whether an
appointee must serve probation, see 5 CFR Part 315, Subpart H . To determine when an
appointee acquires career tenure, see 5 CFR Part 315, Subpart B .

Postal Career Service Employees

Authorities: (39 U.S.C. 1006)

Postal Rate Commission Employees

Authorities: (39 U.S.C. 3604(e))

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Government Accountability Office (GAO) Employees

Authorities: (31 U.S.C. 732(g))

Administrative Office of the U.S. Courts Employees

Authorities: (28 U.S.C. 602, Public Law 101-474)

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