---
kind: "section"
citation: "5 C.F.R. § 337.205"
title: "5"
number: "337.205"
heading: "Critical hiring needs."
url: "https://uscodex.org/cfr/5/337.205"
---

# §337.205. Critical hiring needs.

- (a) OPM will determine when there is a critical hiring need for particular occupations, grades (or equivalent) and/or geographic locations. OPM may decide independently that such a need exists or may make this decision in response to a written request from an agency.
- (b) An agency when requesting direct-hire authority under this section, or OPM when deciding on its own, must:
  - (1) Identify the position(s) that must be filled;
  - (2) Describe the event or circumstance that has created the need to fill the position(s);
  - (3) Specify the duration for which the critical need is expected to exist; and
  - (4) Include supporting evidence that demonstrates why the use of other hiring authorities is impracticable or ineffective.
- (c) **Information Technology (IT) positions.**
  - (1) The head of a covered agency, as defined in [paragraph (c)(2)](#c-2) of this section, may determine whether a critical hiring need exists for any position in the information technology management series, general schedule (GS)-2210 or equivalent. In making such a determination, a covered agency must adhere to and use the supporting evidence criteria prescribed in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section. In addition, a covered agency must maintain a file of the supporting evidence for documentation and reporting purposes. Upon determination of such a finding, an agency head may approve a direct hire authority for covered positions within the agency.
  - (2) **Covered agency.** A covered agency is an entity listed in [31 U.S.C. 901(b)](/usc/31/901.md?p=b) (excluding the Department of Defense), or an independent regulatory agency defined in [44 U.S.C. 3502(5)](/usc/44/3502.md?p=5).
  - (3) **Notification to the U.S. Office of Personnel Management (OPM).** Once the head of a covered agency affirmatively determines the presence of a critical hiring need and the direct hire authority is approved by the agency head, he or she must notify OPM within 10 business days. Such notification must include a description of the supporting evidence relied upon in making the determination.
  - (4) **Using this authority.** A covered agency must adhere to all provisions of subpart B of this part.
  - (5) **Length of appointments.** A covered agency may use this authority to appoint individuals for a period of more than 1 year, but not more than 4 years, if the direct hire authority remains in effect.
    - (i) A covered agency may extend an appointment under this authority for up to 4 additional years.
    - (ii) No individual may serve more than 8 years on an appointment made under these provisions for information technology positions.
    - (iii) No individual hired under these provisions may be transferred to positions that are not IT positions.

## Notes

### Amendments

[69 FR 33275, June 15, 2004, as amended at 84 FR 12875, Apr. 3, 2019]

### Source

Source: 69 FR 33275, June 15, 2004, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 1104(a), 1302, 2302, 3301, 3302, 3304, 3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, Sept. 4, 1968; and 45 FR 18365, Mar. 21, 1980; 116 Stat. 2135, 2290; 117 Stat. 1392, 1665; and E.O. 13833.

### Amendments

[69 FR 33275, June 15, 2004, as amended at 84 FR 12875, Apr. 3, 2019]