Browse Arkansas Code titles and sections
5 U.S.C. § 9905 — Direct hire authority for certain personnel of the Department of Defense
Federal law — U.S. Code and appendices · legal_authorities
**(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 bus
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9905
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d0e6e60a1386c9933a7a0c29369b5dc59887abea6b90d95094e49249af6b0af2. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_764518b3ebba22c812d441b3
Source file: Laws/federal/codes/united-states-code/title-5/section-9905-direct-hire-authority-for-certain-personnel-of-the-department-of-defense--9951186402.md
Pages: Not recorded – Not recorded
Passage SHA-256: 89e3ad29cc661975523821869baac3155d3f43670c05cc452ebc8a7fd96c403c
Source location: Title 5, Chapter 99, § 9905; chapter-099-department-of-defense-personnel-authorities.md
Stored source content
**(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 September 30, 2030, 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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Required Training.—**
(1) The Secretary of Defense shall prescribe regulations implementing a training program for child care employees. Those regulations shall apply uniformly among the military departments. Subject to paragraph (2), satisfactory completion of the training program shall be a condition of employment of any person as a child care employee.
(2) Under those regulations, the Secretary shall require that each child care employee complete the training program not later than six months after the date on which the employee is employed as a child care employee.
(3) The training program established under this subsection shall cover, at a minimum, training in the following:
(A) Early childhood development.
(B) Activities and disciplinary techniques appropriate to children of different ages.
(C) Child abuse prevention and detection.
(D) Cardiopulmonary resuscitation and other emergency medical procedures.
**(b) Training and Curriculum Specialists.—**
(1) The Secretary of Defense shall require that at least one employee at each military child development center be a specialist in training and curriculum development. The Secretary shall ensure that such employees have appropriate credentials and experience.
(2) The duties of such employees shall include the following:
(A) Special teaching activities at the center.
(B) Daily oversight and instruction of other child care employees at the center.
(C) Daily assistance in the preparation of lesson plans.
(D) Assistance in the center’s child abuse prevention and detection program.
(E) Advising the director of the center on the performance of other child care employees.
(3) Each employee referred to in paragraph (1) shall be an employee in a competitive service position.
**(c) Compet
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1792
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
**(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Designation.—** The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:
(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.
(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.
(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.
**(b) Eligibility of Employees of Nonappropriated Fund Instrumentalities.—** A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).
**(c) Definitions.—** In this section:
(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in [section 1587(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1587/a/1&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1580
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The Secretary of Defense may—
(A) establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
(2) The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
**(b) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under su
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty** The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
**(b) Limitation on the use of funds** No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress.
**(c) Notification of Treaty action**
(1) **Consultation** — Prior to the notification described in paragraph (2), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty.
(2) **Notification** — The President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action.
**(d) Rule of construction** Nothing in this section shall be construed to authorize, imply, or otherwise indica
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1928f
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1318
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9905
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence com-
munity deemed to be a reference to the Director of Na-
tional Intelligence. Reference to the Director of Cen-
tral Intelligence or the Director of the Central Intel-
ligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a ref-
erence to the Director of the Central Intelligence Agen-
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 3001 of Title 50, War and National
Defense.
§ 9905. Direct hire authority for certain per-
sonnel 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, 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 work-
force that manages any services contracts nec-
essary 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 pro-
vide for the maintenance of legacy systems.
(5) Any scientific, technical, engineering, or
mathematics positions, including technicians,
within the defense acquisition wo
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 9905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.