5 C.F.R. § 337.206 Terminations, modifications, extensions, and reporting.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 337—EXAMINING SYSTEM
Subpart B—Direct-Hire Authority
§ 337.206 Terminations, modifications, extensions, and reporting.
(a) Termination and modification. On a periodic basis, for each direct-hire authority, OPM will review agency use of the authority to ensure proper administration and to determine if continued use of the authority is supportable. OPM will terminate or modify a direct-hire authority if it determines that there is no longer a severe shortage of candidates or a critical hiring need. Likewise, when an agency finds there are adequate numbers of qualified candidates for positions previously filled under direct-hire authorities, based on severe shortage of candidates, the agency is required to report this change of events to OPM. OPM may also terminate an agency's authority when the agency has used an authority improperly.
(b) Extension. OPM may extend direct-hire authority if OPM determines, based on relevant, recent, and supportable data, that there is or will continue to be a severe shortage of candidates or a critical hiring need for particular positions as of the date the authority is due to expire. In their requests for extensions of direct-hire authorities, agencies must include an update of the supporting evidence that demonstrated the need for the original authority.
(c) Reporting requirement. On a periodic basis, OPM may request information from agencies regarding their use of these direct-hire authorities. The requested information may include numbers of positions, title, series, and grade of positions advertised under the direct-hire authority, the number of qualified applicants, the specific qualification criteria, and the number of applicants appointed under the authority.
(d) No new appointments may be made under the provisions of section 1413 of Public Law 108–136 after September 30, 2007; and
(e) Those departments and agencies, excluding the Department of Defense, that use the direct-hire authority provided in §337.204(c) must submit to OPM a report on their implementation of section 1413 of Public Law 108–136 no later than December 31, 2006. The report must include:
(1) A description of how the agency's implementation satisfied each of the elements laid out in §§337.203 and 337.204(b)(1)–(8), as applicable;
(2) An assessment of the effectiveness of the authority in attracting employees with unusually high qualifications to the acquisition workforce; and
(3) Any recommendations on whether the authority should be extended.
[69 FR 33275, June 15, 2004, as amended at 70 FR 44847, Aug. 4, 2005]
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