5 U.S.C. § 9905 — Direct hire authority for certain per-

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 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 posi- tion within any defense Scientific and Tech- nology 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 profes- sional positions within the Department des- ignated by the Secretary as a shortage cat- egory 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, oper- ational research, or business or business ad- ministration position for which a qualified candidate is required to possess a finance, ac- counting, management or actuarial science de- gree or a related degree, or a related degree of equivalent experience. (10) Any position, as determined by the Sec- retary, for the purpose of assisting and facili- tating the efforts of the Department in busi- ness transformation and management innova- tion. (11) Any position in the military housing of- fice 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 oper- ations 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 In- spector General for Operation Atlantic Re- solve for which the Secretary determines there is a critical hiring need and shortage of candidates. (b) SUNSET.— (1) IN GENERAL.—Except as provided in para- graph (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 sub- section (a) to make appointments to positions described under paragraph (5) of such sub- section. (c) SUSPENSION OF OTHER HIRING AUTHORI- TIES.—During the period beginning on the effec- tive date of the regulations issued to carry out the hiring authority with respect to positions described in paragraphs (5) through (10) of sub- section (a) and ending on the date described in subsection (b)(1), the Secretary of Defense may not exercise or otherwise use any hiring author- ity 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 De- fense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033). (3) Sections 1110 and 1643(a)(3) of the Na- tional Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2450 and 2602). (4) Sections 559 and 1101 of the National De- fense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406 and 1627). (Added Pub. L. 115–232, div. A, title XI, § 1101(a), Aug. 13, 2018, 132 Stat. 2000; amended Pub. L. 116–92, div. A, title XI, § 1109(a), Dec. 20, 2019, 133 Stat. 1598; Pub. L. 116–283, div. A, title XI, § 1117, Jan. 1, 2021, 134 Stat. 3897; Pub. L. 118–31, div. A, title XI, § 1104, title XII, § 1250B(i), Dec. 22, 2023, 137 Stat. 427, 467.) Editorial Notes REFERENCES IN TEXT Sections 1112 and 1113 of Pub. L. 114–92, referred to in subsec. (c)(2), are sections 1112 and 1113 of Pub. L. 114–92, div. A, title XI, Nov. 25, 2015, 129 Stat. 1033, which are set out as notes under section 1701 of Title 10, Armed Forces. Sections 1110 and 1643(a)(3) of Pub. L. 114–328, referred to in subsec. (c)(3), are section 1110 of Pub. L. 114–328, div. A, title XI, Dec. 23, 2016, 130 Stat. 2450, which is set out as a note preceding section 1580 of Title 10, Armed Forces, and section 1643(a)(3) of Pub. L. 114–328, div. A, title XVI, Dec. 23, 2016, 130 Stat. 2602, which is set out in a note under section 1599f of Title 10. Sections 559 and 1101 of Pub. L. 115–91, referred to in subsec. (c)(4), are section 559 of Pub. L. 115–91, div. A, Page 1319 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 10102 title V, Dec. 12, 2017, 131 Stat. 1406, which is set out as a note under section 1792 of Title 10, Armed Forces, and section 1101 of Pub. L. 115–91, div. A, title XI, Dec. 12, 2017, 131 Stat. 1627, which is set out as a note preceding section 1580 of Title 10. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1104(1), inserted ‘‘, 3307,’’ after ‘‘3303’’. Subsec. (a)(12), (13). Pub. L. 118–31, § 1104(2), added pars. (12) and (13). Subsec. (a)(14). Pub. L. 118–31, § 1250B(i)(1), added par. (14). Subsec. (b)(1). Pub. L. 118–31, § 1250B(i)(2), substituted ‘‘September 30, 2030’’ for ‘‘September 30, 2025’’. 2021—Subsec. (a)(11). Pub. L. 116–283 added par. (11). 2019—Subsec. (a)(2). Pub. L. 116–92, § 1109(a)(1)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Any position involved with cybersecurity.’’ Subsec. (a)(5) to (10). Pub. L. 116–92, § 1109(a)(1)(B), added pars. (5) to (10). Subsecs. (b), (c). Pub. L. 116–92, § 1109(a)(2), added sub- secs. (b) and (c) and struck out former subsec. (b) which provided that effective on Sept. 30, 2025, the authority provided under subsec. (a) would expire. CHAPTER 101—FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL Sec. 10101. Definitions. 10102. Strategic human capital plan. 10103. Career paths. 10104. Recruitment bonuses. 10105. Retention bonuses. 10106. Quarterly report on vacancy rate in employee positions. § 10101. Definitions For purposes of this chapter— (1) the term ‘‘Agency’’ means the Federal Emergency Management Agency; (2) the term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (3) the term ‘‘appropriate committees of Congress’’ has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006; (4) the term ‘‘Department’’ means the De- partment of Homeland Security; and (5) the term ‘‘Surge Capacity Force’’ refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006. (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1411.) Editorial Notes REFERENCES IN TEXT Section 602 of the Post-Katrina Emergency Manage- ment Reform Act of 2006, referred to in par. (3), is clas- sified to section 701 of Title 6, Domestic Security. Section 624 of the Post-Katrina Emergency Manage- ment Reform Act of 2006, referred to in par. (5), is clas- sified to section 711 of Title 6, Domestic Security. Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. § 10102. Strategic human capital plan (a) PLAN DEVELOPMENT.—Not later than 6 months after the date of enactment of this chap- ter, the Administrator shall develop and submit to the appropriate committees of Congress a strategic human capital plan to shape and im- prove the workforce of the Agency. (b) CONTENTS.—The strategic human capital plan shall include— (1) a workforce gap analysis, including an as- sessment of— (A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and respon- sibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter; (B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and (C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of en- actment of this chapter and in the projected workforce of the Agency that should be ad- dressed to ensure that the Agency has con- tinued access to the critical skills and com- petencies described in subparagraph (A); (2) a plan of action for developing and re- shaping the workforce of the Agency to ad- dress the gaps in critical skills and com- petencies identified under paragraph (1)(C), in- cluding— (A) specific recruitment and retention goals, including the use of the bonus au- thorities under this chapter as well as other bonus authorities (including the program ob- jective of the Agency to be achieved through such goals); (B) specific strategies for developing, training, deploying, compensating, and mo- tivating and retaining the Agency workforce and its ability to fulfill the Agency’s mis- sion and responsibilities (including the pro- gram objectives of the Department and the Agency to be achieved through such strate- gies); (C) specific strategies for recruiting indi- viduals who have served in multiple State agencies with emergency management re- sponsibilities; and (D) specific strategies for the development, training, and coordinated and rapid deploy- ment of the Surge Capacity Force; and (3) a discussion that— (A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individ- uals; (B) details the number of individuals not employed by the Department serving in the