PRIMARY APPOINTING AUTHORITIES FOR CAREER AND CAREER-CONDITIONAL APPOINTMENTS
Following is a list of the primary methods agencies use to make career
and career-conditional appointments. It is written for Federal personnel
specialists. Citations of law and regulation are provided. Conditions
for appointments made under interchange agreements with the U.S. Office
of Personnel Management (OPM) are provided. These conditions are
contained only in the agreements. A brief description is also given
for statutory appointing authorities outside of title 5, United States
Code (5 U.S.C.), that OPM has not regulated. For description of other
authorities, consult the cited law and regulation.
Appointments are subject to applicable requirements, such as citizenship.
Other appointment requirements are not included in this information.
Agencies are reminded, however, that they must report vacancies to
OPM and must give selection priority in hiring as required by
the Career Transition Assistance Program
for Surplus and Displaced Employees. See title 5, Code of Federal
Regulations (5 CFR) Part 330, Subparts F and G.
Direct-Hire Authorities
Authorities: 5 U.S.C. Section 3304 and 5 CFR Part 337, Subpart B
Using OPM approved governmentwide or agency specific direct-hire authorities, agencies may appoint candidates directly to
jobs, without regard to the provisions title 5 U.S.C. 3309 through 3318, for which the Office of Personnel Management (OPM) determines
that there is a
- severe shortage of candidates or
- critical hiring need.
When using the direct-hire authorities, agencies must adhere to public notice requirements, as set forth in 5 U.S.C. 3327 and 3330, and displaced
employee procedures found at 5 CFR part 330, subpart G. When documenting appointments using direct-hire authorities, use two authority codes. The
first is "AYM" and will automatically fill in with "Reg. 337.102", and the second authority code will be the individual one associated with each
direct-hire authority. These codes are listed below along with the information about the specific direct-hire authority.
Governmentwide 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
Competitive Examining
Authorities: 5 U.S.C. Chapter 33; 5 CFR Part 332; 5 CFR Part 315, Subpart C; 5 CFR Part 337, Subpart C;
Individual agency delegation of examining authority
The traditional method to enter Federal service is by appointment
through the competitive examining process. The U.S. Office of Personnel Management delegated authority
to agencies to examine for all their positions (except for administrative
law judges). Jobs filled through this process are open to the public.
Current and Former Competitive Employees
Authorities: 5 CFR Part 315, Subparts D and E
Current career and career-conditional employees
may be appointed by transfer.
Former career and career-conditional employees may be appointed by
reinstatement, but time limits may apply.
Transfer and reinstatement eligibles may be required to compete under
the merit promotion program. See 5 CFR Part 335.
Appointments Leading to Noncompetitive Conversion
Several Governmentwide appointing authorities permit agencies to
noncompetitively convert employees to career or career-conditional appointments
from excepted or temporary appointments. The Governmentwide authorities
are listed below. In addition, some agencies have their own conversion
authority (ies) based on specific provisions of law.
Veterans Readjustment 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)(5); 5 CFR 315.707
Severely Physically Handicapped and Mentally Retarded Persons
Authorities: Executive Order 12125 (3/15/79); 5 CFR 3.1(b); 5 CFR
213.3102(t); 5 CFR 213.3102(u); 5 CFR 315.709
Student Career Experience Program (formerly the "Co-op Program")
Authorities: Executive Order 12015; 5 CFR 213.3202(a), (b), and (d)
Presidential Management Intern 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, the U.S. Office of Personnel Management and another
agency having an established merit system (in the excepted service) may
enter into an agreement prescribing conditions under which employees may
be moved from one system to the other. The U.S. Office of Personnel
Management has agreements with:
Tennessee Valley Authority.
Only 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.
Only medical and related employees appointed under sections 7401(1)
and (3) [formerly sections 4104(1) and (3)] of title 38, U.S.C. Agreements
effective 10/31/79 and 5/12/87; extended indefinitely.
Veterans Canteen Service of the Department of Veterans Affairs.
Only employees in the Canteen Management Program. Agreement
effective 11/1/79; extended indefinitely.
Defense Civilian Intelligence Personnel System (DCIPS)- formerly the Civilian Intelligence Personnel Management System (CIPMS).
Employees of the military departments, Department of Defense, appointed under chapter 81 of title 10, U.S. Agreement effective 3/9/90; expires: 12/30/04.
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.
Nonappropriated Fund (NAF) employees of the Coast Guard, Dept. of Transportation.
This agreement expired 11/1/99 and will not be extended.
Defense Nuclear Facilities Safety Board.
Only professional, scientific and technical employees. Agreement
effective 10/12/95; extended to 7/5/03.
Federal Aviation Administration.
Agreement effective 11/6/97; expires 7/1/05.
International Boundary and Water Commission
Agreement effective 07/11/03; expires 7/10/06.
Appointment Conditions.
Agencies may noncompetitively appoint employees covered by the interchange
agreements with other merit systems listed above to career or career-conditional
appointments, subject to the following conditions. These conditions
are contained only in the individual agreements and are not in the Code
of Federal Regulations (CFR). (Individuals who do not meet the requirements
for appointment under the interchange agreement may apply for any position
under open competitive procedures or other appointment type for which eligible.)
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
(c) Have served continuously for at least 1 year in the other merit
system prior to appointment under the interchange agreement, except
that an employee of the Defense Nuclear Facilities Safety Board must
have served continuously for at least 2 years with the Board under an appointment
without time limit.
(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 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 can be considered in determining applicability of the probationary
period and creditable service toward completion of probation.
Appointment in other merit systems.
Interchange agreements provide for 2-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 531.206. 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 531.203(b). 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 536.103 and 536.104.
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).
Service credit for leave purposes.
See the U.S. Office of Personnel Management Operating Manual, The Guide
to Processing Personnel Actions, Chapter 6, section 1-6b.
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.
For NAF service prior to 1966, see the U.S. Office of Personnel Management
Operating Manual, The Guide to Processing Personnel Actions, Chapter 6,
section 1-6b. (In paragraph 1-6b(2)(a), strike "and RIF" inasmuch
as that provision relating to credit for RIF purposes was replaced by Public
Law 104-106.)
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 current and former Foreign
Service employees who meet the criteria under appointment
conditions below.
Appointment Conditions.
These appointment conditions are not in the Code of Federal Regulations (CFR).
Qualifying appointment.
To be eligible for career or career-conditional
appointment, current and former Foreign Service employees 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;
(c) Meet the qualification standard and other requirements governing
appointment to the competitive service, except they are not required to
compete in a competitive examination, or under internal merit staffing
procedures unless an agency's policies require them 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 a person 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
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
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 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 and Scientific and Professional 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.
Following is a list of other current appointing authorities
that are authorized by statute or court order. Because the U.S. Office
of Personnel Management (OPM) does not regulate these authorities, they
are not listed in 5 CFR. This list contains the most widely known authorities;
others may exist.
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
they are not required to compete in a competitive examination. They
are not required to compete with career and career-conditional employees
under internal merit staffing procedures unless an agency's policies require
them 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
Permits appointment without a break of a single day of an employee
or officer of the Postal Career Service (that is, one serving under appointment
without time limit). Based on agreement between the U.S. Office of Personnel
Management and the U.S. Postal Service, an employee must have completed
Postal probation (that is, 3 months on a substantially full-time basis,
or 520 hours).
Postal Rate Commission Employees
Authorities: 39 U.S.C. 3604(e)
Permits appointment without a break in service of a single day of
an employee or officer of the Postal Rate Commission serving under an appointment
without time limit. Based on agreement between U.S. Office of Personnel
Management (OPM) and the Postal Rate Commission, an employee must have
completed probation (one year) under Postal Rate Commission Career Service
appointment.
General Accounting Office (GAO) Employees
Authorities: 31 U.S.C. 732(g)
Permits appointment of a current or former General Accounting Office
(GAO) employee who has completed at least 1 year of continuous service
under a nontemporary appointment that began on or after October 1, 1980.
Administrative Office of the U.S. Courts Employees
Authorities: 28 U.S.C. 602
Permits appointment of a current or former Administrative Office
of the U.S. Counts (AO) employee, except employees appointed to a high
level position under 28 U.S.C. 603 or a position of a confidential or policy-determining
nature. An employee must have completed at least 1 year of continuous
service under nontemporary AO appointment.
Federal Bureau of Investigation (FBI) Employees
Authorities: Pub. L. 103-317, section 115 (8/26/94)
Permits appointment of a person:-
(1) Who on 8/26/94 was serving in an appointed position (under other
than a temporary or term basis) with the Federal Bureau of Investigation
(FBI) Criminal Justice Information Services Division (the Division) that
was to be relocated from Washington, DC, to Clarksburg, West Virginia;
(2) Whose last previous Federal employment was with the Division;
and
(3) Who has not relocated with the Division.
Appointment eligibility is for 2 years after separation from the
Division.
Outstanding Scholars and Persons with Bilingual/Bicultural Skills
Authorities: Luevano Consent Decree
In 1981 the U.S. District Court of Columbia resolved a class action
suit by approving and issuing the Luevano Consent Decree. To reduce
adverse impact on "Blacks and Hispanics" (class members for the
suit), the decree authorized the two following programs it said should
supplement, but not replace, competitive examining procedures used to fill
jobs in specified professional and administrative occupations at GS-5 and
7.
Outstanding Scholar Program
Agencies may hire directly, without regard to lists of eligibles
established through competitive examining procedures, for those college
graduates who obtained a grade point average of 3.5 or higher on a 4.0
scale for all undergraduate courses completed toward a baccalaureate degree
or who stand in the upper 10 percent of their overall undergraduate graduating
class, or of the undergraduate graduating class of a major university subdivision
(such as a College of Arts and Sciences). Individuals meeting the
outstanding scholar eligibility criteria must also meet qualification requirements
for the position.
Bilingual/Bicultural Program
Agencies may hire directly persons who are rated eligible in the
appropriate competitive examination for the position to be filled if they
have Spanish language proficiency or knowledge of Hispanic culture, and
public interaction or job performance would be enhanced by these skills.
