This section assists Federal agencies with making determinations whether direct-hire is the best course of action for meeting their recruitment needs when experiencing a severe shortage of candidates or critical hiring; how to acquire direct-hire; and how to use and process direct-hire actions under the competitive process using delegated examining procedures.
A Direct-Hire Authority (DHA) is an appointing (hiring) authority that the Office of Personnel Management (OPM) can give to Federal agencies for filling vacancies when a critical hiring need or severe shortage of candidates exists.
A Direct-Hire Authority (DHA) enables an agency to hire, after public notice is given, any qualified applicant without regard to 5 U.S.C. 3309-3318, 5 CFR part 211, or 5 CFR part 337, subpart A. A DHA expedites hiring by eliminating competitive rating and ranking, veterans' preference, and "rule of three" procedures.
OPM published supplementary information and regulatory language in the Federal Register that explain the Direct-Hire Authority. See the final regulation, published June 15, 2004, 69 FR 33271, and the interim regulations published June 13, 2003, 68 FR 35265. The final regulations are codified at 5 CFR part 337, subpart B, in the CFR edition. In addition, Chapter 2 of the Delegated Examining Operations Handbookcontains information on the use of the two types of direct-hire authority. OPM posts a list of the current Governmentwide Direct-Hire Authorities (DHAs). In addition, agencies must post all vacancies filled by DHA on USAJOBS.
No, only Executive agencies (as defined in 5 U.S.C. 105) with delegated examining authority (authorized under 5 U.S.C. 1104(a)(2)) from OPM may use a Governmentwide Direct-Hire Authority (DHA). The agency does not need a Delegated Examining Unit to use a DHA. Information on obtaining delegated examining authority is available.
No. Veterans preference does not apply when selecting individuals under DHA. When agencies select individuals under DHA, the law allows agencies to hire them without regard to sections 5 U.S.C. 3309-3318, which eliminates the requirement for applying veterans preference. Qualified candidates with veterans' preference should be selected as they are found, just as any qualified non-preference eligible candidate would be.
Agency requests must come from the Department or Agency Head, Chief Human Capital Officer, or a senior headquarters official with delegated authority to make the request on behalf of the agency. Agency requests may be addressed to the OPM Director or the Associate Director for Strategic Human Resources Policy. Agencies can expedite OPM processing by faxing the request to the OPM Director's Office at 202-606-2573 and to the Division for Strategic Human Resources Policy at 202-606-2329. [5 CFR 337.201]
No. Congress placed the law authorizing direct hiring under 5 U.S.C. 3304 - Competitive service; examinations. Because 5 U.S.C. 3304 establishes rules for the competitive service, a Direct-Hire Authority cannot cover positions in the excepted service or the Senior Executive Service.
Documentary (hard copy) evidence includes, but is not limited to, a copy or photocopy (with source noted) of relevant pages containing factual information, expert opinions, directives, requirements, etc. that support statements in the agency's request. This may include factual information prepared by: the employing organization (Bureau, Office, Service); an Executive agency; the Executive Office of the President; a Congressional Committee; the Legislative Research Service; the Judicial Branch; a State or local government; or a private sector organization (educational institution, public interest group, professional group, society, association, etc); or a subject matter expert, when their credentials are provided. Examples of documentary evidence include: lists; counts; charts; summaries; information sheets; pamphlets; advertisements; position descriptions; vacancy announcements; reports; web pages; discussion papers; printouts; testimony; press releases; publications; periodicals; manuals; guides; Executive orders; Presidential directives; Presidential initiatives, program directives; budget documents; appropriation acts; and public laws.
The agency must provide documentary (hard copy) evidence showing the existence of a severe shortage of candidates for each occupational series, grade level and location covered by the DHA requested. There is no requirement to address all eight criteria listed at 5 CFR 337.204(b); however, requests should address each criterion that applies. For each criterion used the agency must provide supporting and documentary (i.e., hard copy) evidence. Generally this information should be current (within the last year). If current information is not available for some grade levels or locations, explain why it is necessary and reasonable to include those grade levels and locations.
OPM expects agencies will take or continue appropriate actions to fill existing vacancies and will respond as quickly as possible to requests for any additional supporting or documentary evidence. In addition, agencies may post vacancy announcements on USAJOBS, initiate other recruiting and outreach efforts, and use existing hiring authorities, flexibilities, incentives, etc. to fill vacancies. For example, for emergency hiring needs agencies may hire anyone able to do the work for up to 60 days using the Schedule A authority under 5 CFR 213.3102(i)(2).
Generally, OPM will establish an ending date based on a number of factors, including the length of time requested, the supporting and documentary evidence provided, and OPM's own exercise of judgment. When an ending date is not given, OPM will periodically review use, may request updated evidence, and will determine if termination, modification, or continuation is required [5 CFR 337.201]
Yes, agencies may request an extension of DHA prior to its expiration. As a reminder, when doing so agencies must provide updated supporting and documentary (hard copy) evidence showing that a "severe shortage of candidates" or "critical hiring need" still exists and will likely continue for the duration for the period requested. Agencies are encouraged to submit their requests as early as possible to allow OPM ample time to process the extension request.
OPM will notify requesting agencies when a Direct-Hire Authority (DHA) is approved and will list authorities on OPM's website. Agencies should include information about the DHA in their vacancy announcements on USAJOBS.
Yes, unless the specific authority states otherwise, agencies may use a Direct-Hire Authority (DHA) for temporary, limited and term appointments with not-to-exceed dates for permanent appointments without an ending date.
Agencies may use a Direct-Hire Authority (DHA) to appoint a qualified employee from an excepted service or time-limited appointment to a permanent career or career-conditional appointment. However, using a DHA requires prior public notice, as prescribed in 5 U.S.C. 3327 and 3330 and 5 CFR 330, subpart G. The employee must meet the minimum qualification requirements for the job (experience, education, medical, suitability, selective factors, etc.) and the agency appointing official must comply with the laws and regulations from which the DHA did not exempt the agency. Appointing officials must give full consideration to all qualified candidates with veterans' preference.
When using Direct-Hire Authority (DHA), agencies must enter two legal authority codes on the Notification of Personnel Action (SF 50). The first legal authority code, "AYM," is placed in box 6-A or equivalent. This shows the appointment is under "Reg. 337.201." The second legal authority code is placed in box 6-E or equivalent. This shows the type of DHA used agency specific or Governmentwide. Agencies will enter "BYO" for any agency-specific DHA and must enter the specific three-letter code assigned to each Government wide DHA by OPM; e.g., BAB, BAC, etc. The current Government wide codes are available.
Yes, unless the specific authority states otherwise, if the agency has mailed or faxed a written job offer to a candidate on or before the ending date of the Direct-Hire Authority (DHA), the agency may use the DHA to appoint the individual. This provides a consistent end date, while giving agencies the time necessary to complete background and security investigations, medical reviews, etc., and negotiate a reporting date.
Yes. At the time of appointment, the appointing official must ensure the individual selected meets all requirements of the position, including age, citizenship, medical, nepotism (employment of relatives), qualifications (experience, education and license/certification), and suitability requirements.
Yes. The restriction on movement following competitive appointment in 5 CFR 330.501 applies for the first 3 months.
Yes. Using Direct-Hire Authority (DHA), the individual is "appointed to the competitive service . by special appointing authority . [and] serves a 1-year probationary period unless specifically exempt from probation by the authority itself." [See 5 CFR 315.801(e)]. The DHA regulations do not address probation. Therefore, consistent with 5 U.S.C. 3321(a) a 1-year probation period applies, unless the person has prior Federal service that counts toward completion of probation. [See 5 CFR 315.802.]
Using OPM approved governmentwide 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.
Medical Occupations - All grade levels at all locations for the following occupations (GW001, issued June 20, 2003), Second authority code BAB:
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
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 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 expired 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."
GW-007 Issued on October 11, 2018, and amended on September 29, 2023, for Scientific, Technical, Engineering and Mathematics (STEM) positions at the GS-11 through GS-15 grade levels (or equivalent) nationwide for enabling simple and strategic hiring to attract top talent to create a workforce for the 21 st century where a severe-shortage or critical hiring need has been identified. These appointments are subject to public notice requirements in 5 U.S.C. 3327 and 3330 and 5 CFR 330, as well as procedures in 5 CFR part 330 pertaining to candidates’ eligible for priority selection, and requirements in 5 CFR 332.402. 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. This authority expires 1 year from the date of the amendment or until OPM terminates this authority, whichever occurs first. The legal authority code for SF-50 item 5-E is “BAH.”
GW-008 Issued on October 11, 2018, and amended on September 29, 2023, for cybersecurity related positions at the GS-12 through GS-15 grade levels (or equivalent) nationwide for enabling simple and strategic hiring to attract top talent to create a workforce for the 21st century where a severe-shortage or critical hiring need has been identified. These appointments are subject to public notice requirements in 5 U.S.C. 3327 and 3330 and 5 CFR 330, as well as procedures in 5 CFR part 330 pertaining to candidates’ eligible for priority selection, and requirements in 5 CFR 332.402. 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. This authority may be used indefinitely or until OPM terminates this authority. The legal authority code for SF-50 item 5-E is “BAI.”
* These positions must require IT knowledge and IT competencies, the work must be coded to include cybersecurity functions as supported by the job codes in the: Guide to Data Standards and the NICE Cybersecurity Workforce Framework, 2017, and the cybersecurity work must be performed the majority of the time.
GW-009. On December 29, 2023, OPM authorized DHA for artificial intelligence (AI) related positions nationwide at the GS-9 through 15 grade levels (or equivalent) in support of EO 14110 for which we have identified a critical hiring need exists. This authorization will assist agency efforts to increase AI capabilities in the Federal government, CHCO Memo on Government-wide DHA for AI. OPM is authorizing this DHA through December 31, 2028, or until OPM terminates this authority, whichever occurs first. These appointments are subject to public notice requirements in 5 U.S.C. 3327 and 3330 and 5 CFR 330, as well as procedures in 5 CFR part 330 pertaining to candidates’ eligible for priority selection, and requirements in 5 CFR 332.402. 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. When using a government-wide authority, an agency must enter the authority code “AYM” on the SF-50 in item 5-C and the relevant secondary authority code specified below for item 5-E of the SF-50. The legal authority code for SF-50 item 5-E is “BAJ.”
*AI work may include cyber work or may be classified in the 2210 series. If applicable, agencies may
find the National Initiative for Cybersecurity Education (NICE) framework may cover specific AI roles,
as well. The NICE framework may be used to code AI positions.
**Artificial Intelligence work must involve the design and development of systems capable of performing
tasks that includes the use of machine learning to create, deliver, and maintain algorithms, large
language models, and systems that can process and analyze data used to make intelligent decisions or
predictions. Artificial Intelligence work must also entail the technical skills and competencies described
by OPM in The AI in Government Act of 2020 – Artificial Intelligence Competencies, July 6, 2023.