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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 99 — Department of Defense Personnel Authorities

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

Statutory text

(a)

In General.—

The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 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 , 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)

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

(2)

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

(3)

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).

(4)

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title XI § 1101(a) · 132 Stat. 1636

    Enacted · 5 U.S.C. § 9905

    Added Pub. L. 115–232, div. A, title XI, § 1101(a), Aug. 13, 2018, 132 Stat. 2000

    Source evidence

    Code source credit
    Added Pub. L. 115–232, div. A, title XI, § 1101(a), Aug. 13, 2018, 132 Stat. 2000

    Enacted provision · exact public law section
    (a) In General.— Chapter 99 of title 5, United States Code, is amended by adding at the end the following: “§ 9905. Direct hire authority for certain personnel of the Department of Defense “(a) In General.— The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 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 position involved with cybersecurity. “(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. “(b) Sunset.— Effective on September 30, 2025, the authority provided under subsection (a) shall expire.” .

  2. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1109(a)(1)(A) · 133 Stat. 1198

    Amended · 5 U.S.C. § 9905(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (A) by amending paragraph (2) to read as follows: “(2) Any cyber workforce position.” ; and

  3. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1109(a)(1)(B) · 133 Stat. 1198

    Added · 5 U.S.C. § 9905(a)(5)(10)

    Pub. L. 116–92, § 1109(a)(1)(B), added pars. (5) to (10)

    Source evidence

    Code amendment note
    Subsec. (a)(5) to (10). Pub. L. 116–92, § 1109(a)(1)(B), added pars. (5) to (10).

    Enacted provision · exact public law section
    (B) by adding afer paragraph (4) the following: “(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.” ; and

  4. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1109(a)(2) · 133 Stat. 1198

    1. Added · 5 U.S.C. § 9905(b); 5 U.S.C. § 9905(c)

      Pub. L. 116–92, § 1109(a)(2), added subsecs. (b) and (c)

    2. Struck · 5 U.S.C. § 9905(b); 5 U.S.C. § 9905(c)

      Pub. L. 116–92, § 1109(a)(2), struck out former subsec. (b) which provided that effective on Sept. 30, 2025, the authority provided under subsec. (a) would expire

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by striking subsection (b) and inserting the following: “(b) Sunset.— “(1) In general.— Except as provided in paragraph (2), effective on September 30, 2025, 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) Sections 1599c(a)(2) and 1705(h) of title 10. “(2) Sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033). “(3) 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). “(4) Sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406 and 1627).” .

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XI § 1117 · 134 Stat. 3388

    Added · 5 U.S.C. § 9905(a)(11)

    Pub. L. 116–283 added par. (11)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 116–283 added par. (11).

    Enacted provision · exact public law section
    SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN DEPARTMENT OF DEFENSE PERSONNEL TO INCLUDE INSTALLATION MILITARY HOUSING OFFICE POSITIONS SUPERVISING PRIVATIZED MILITARY HOUSING.   Section 9905(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: “(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.” .

  6. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 1104(1) · 137 Stat. 136

    Inserted · 5 U.S.C. § 9905(a)

    Pub. L. 118–31, § 1104(1), inserted “, 3307,” after “3303”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–31, § 1104(1), inserted “, 3307,” after “3303”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by inserting “, 3307,” after “3303”; and

  7. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 1104(2) · 137 Stat. 136

    Added · 5 U.S.C. § 9905(a)(12); 5 U.S.C. § 9905(a)(13)

    Pub. L. 118–31, § 1104(2), added pars. (12) and (13)

    Source evidence

    Code amendment note
    Subsec. (a)(12), (13). Pub. L. 118–31, § 1104(2), added pars. (12) and (13).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraphs: “(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.” .

  8. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 1250B(i)(1) · 137 Stat. 136

    Added · 5 U.S.C. § 9905(a)(14)

    Pub. L. 118–31, § 1250B(i)(1), added par. (14)

    Source evidence

    Code amendment note
    Subsec. (a)(14). Pub. L. 118–31, § 1250B(i)(1), added par. (14).

    Enacted provision · exact public law section
    (1) Expansion.— Section 9905(a) of title 5, United States Code, as amended by section 1104, is further amended by adding at the end the following new paragraph: “(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.” .

  9. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 1250B(i)(2) · 137 Stat. 136

    Substituted · 5 U.S.C. § 9905(b)(1)

    Pub. L. 118–31, § 1250B(i)(2), substituted “September 30, 2030” for “September 30, 2025”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 118–31, § 1250B(i)(2), substituted “September 30, 2030” for “September 30, 2025”.

    Enacted provision · exact public law section
    (2) Extension.— Section 9905(b)(1) of title 5, United States Code, is amended by striking “September 30, 2025” and inserting “September 30, 2030”.

10 of 10 references resolved to an enrolled provision

Editorial Notes

References in Text

Sections 1112 and 1113 of Pub. L. 114–92, referred to in subsec. (c)(2), are sections 1112 and 1113 of Pub. L. 114–92, div. A, title XI, , 129 Stat. 1033, which are set out as notes under section 1701 of Title 10, Armed Forces.

Sections 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, , 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, , 130 Stat. 2602, which is set out in a note under section 1599f of Title 10.

Sections 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, , 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, , 131 Stat. 1627, which is set out as a note preceding section 1580 of Title 10.

Amendments2019–2023 · 3 rounds

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 “” for “”.

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 , the authority provided under subsec. (a) would expire.

Credits

2018–2023 · 4 acts
  1. 2018Added Pub. L. 115–232, div. A, title XI, § 1101(a), , 132 Stat. 2000
  2. 2019amended Pub. L. 116–92, div. A, title XI, § 1109(a), , 133 Stat. 1598
  3. 2021Pub. L. 116–283, div. A, title XI, § 1117, , 134 Stat. 3897
  4. 2023Pub. L. 118–31, div. A, title XI, § 1104, title XII, § 1250B(i), , 137 Stat. 427, 467.
Show as published

(Added Pub. L. 115–232, div. A, title XI, § 1101(a), , 132 Stat. 2000; amended Pub. L. 116–92, div. A, title XI, § 1109(a), , 133 Stat. 1598; Pub. L. 116–283, div. A, title XI, § 1117, , 134 Stat. 3897; Pub. L. 118–31, div. A, title XI, § 1104, title XII, § 1250B(i), , 137 Stat. 427, 467.)

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USLM identifier /us/usc/t5/s9905