[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR337.206]

[Page 228-229]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 337_EXAMINING SYSTEM--Table of Contents
 
                     Subpart B_Direct-Hire Authority
 
Sec. 337.206  Terminations, modifications, extensions, and reporting.

    (a) Termination and modification. On a periodic basis, for each 
direct-hire authority, OPM will review agency use of the authority to 
ensure proper administration and to determine if continued use of the 
authority is supportable. OPM will terminate or modify a direct-hire 
authority if it determines that there is no longer a severe shortage of 
candidates or a critical hiring need. Likewise, when an agency finds 
there are adequate numbers of qualified candidates for positions 
previously filled under direct-hire authorities, based on severe 
shortage of candidates, the agency is required to report this change of 
events to OPM. OPM may also terminate an agency's authority when the 
agency has used an authority improperly.
    (b) Extension. OPM may extend direct-hire authority if OPM 
determines, based on relevant, recent, and supportable data, that there 
is or will continue to be a severe shortage of candidates or a critical 
hiring need for particular positions as of the date the authority is due 
to expire. In their requests for extensions of direct-hire authorities, 
agencies must include an update of the supporting evidence that 
demonstrated the need for the original authority.
    (c) Reporting requirement. On a periodic basis, OPM may request 
information from agencies regarding their use of these direct-hire 
authorities. The requested information may include numbers of positions, 
title, series, and grade of positions advertised under the direct-hire 
authority, the number of qualified applicants, the specific 
qualification criteria, and the number of applicants appointed under the 
authority.
    (d) No new appointments may be made under the provisions of section

[[Page 229]]

1413 of Public Law 108-136 after September 30, 2007; and
    (e) Those departments and agencies, excluding the Department of 
Defense, that use the direct-hire authority provided in Sec. 337.204(c) 
must submit to OPM a report on their implementation of section 1413 of 
Public Law 108-136 no later than December 31, 2006. The report must 
include:
    (1) A description of how the agency's implementation satisfied each 
of the elements laid out in Sec. Sec. 337.203 and 337.204(b)(1)-(8), as 
applicable;
    (2) An assessment of the effectiveness of the authority in 
attracting employees with unusually high qualifications to the 
acquisition workforce; and
    (3) Any recommendations on whether the authority should be extended.

[69 FR 33275, June 15, 2004, as amended at 70 FR 44847, Aug. 4, 2005]