5 C.F.R. § 9901.511 Appointing authorities.
Title 5 - Administrative Personnel
(a) Competitive and excepted appointing authorities. The Secretary may continue to use excepted and competitive appointing authorities and entitlements under chapters 31 and 33 of title 5, U.S. Code, Governmentwide regulations, or Executive orders, as well as other statutes, and those individuals will be given career or time-limited appointments, as appropriate. (b) Additional appointing authorities. (1) The Secretary and the Director may enter into written agreements providing for new excepted and competitive appointing authorities for positions covered by the National Security Personnel System, including noncompetitive appointments, and excepted appointments that may lead to a subsequent noncompetitive appointment to the competitive service. (2)(i) DoD and OPM will jointly publish a notice in the (ii) If the Secretary determines that a critical mission requirement exists, DoD and OPM may establish a new appointing authority as described in paragraph (b)(2)(i) of this section effective upon publication of a (3) The Secretary will prescribe appropriate implementing issuances to administer a new appointing authority established under paragraph (b) of this section. (4) At least annually, a consolidated list of all appointing authorities established under this section and currently in effect will be published in the (c) Severe shortage/critical need hiring authority. (1) The Secretary may determine that there is a severe shortage of candidates or a critical hiring need, as defined in 5 U.S.C. 3304(a)(3) and 5 CFR part 337, subpart B, for particular occupations, pay bands, career groups, and/or geographic locations, and establish a specific authority to make appointments without regard to §9901.515. Public notice will be provided in accordance with 5 U.S.C. 3304(a)(3)(A). (2) For each specific authority, the Secretary will document the basis for the severe shortage or critical hiring need, consistent with 5 CFR 337.204(b) or 337.205(b), as applicable. (3) The Secretary will terminate or modify a specific authority to make appointments under this section when it determines that the severe shortage or critical need upon which the authority was based no longer exists. (4) The Secretary will prescribe appropriate implementing issuances to administer this authority and will notify OPM of determinations made under this section. (d) Time-limited appointing authorities. (1) The Secretary may prescribe the procedures for appointing employees, the duration of such appointments, and the appropriate uses of time-limited employees. These procedures will preclude the use of employees on term appointments in positions that should be filled on a permanent basis. Term appointments may be used to accomplish permanent work in circumstances where the position cannot be filled permanently, e.g., the incumbent will be out of the position for a significant period of time, but is expected to return. (2) The Secretary will prescribe implementing issuances establishing the procedures under which a time-limited employee serving in a competitive service position may be converted without further competition to the career service if— (i) The vacancy announcement met the requirements of §9901.515(a) and included the possibility of noncompetitive conversion to a competitive position in the career service at a later date; (ii) The individual was appointed using the competitive examining procedures set forth in §9901.515(b) and (c); and (iii) The employee completed at least 2 years of continuous service at the fully successful level of performance or better.
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart E—Staffing and Employment
External Recruitment and Internal Placement
§ 9901.511 Appointing authorities.
