link to Human Resources home page

U.S. Department of Justice Human Resources Guidance

Appointing Authorities

red, white, and blue horizontal line

This document provides citations and brief descriptions of the appointing authorities applicable to the competitive service and excepted service, as well as certain statutory appointing authorities.  The types of appointments contained, herein, are authorized by regulation, statute, Executive Order, court order, or interchange agreements with merit systems.

Table of Contents

Part A:   Competitive Service - Noncompetitive Appointing Authorities

Part B:   Competitive Service - Competitive Appointing Authorities

Part C:   Excepted Service Appointing Authorities

Part D:   Statutory Appointing Authorities

Part E:   Statutory Appointing Authorities Pertaining to the U.S. Department of Justice

Appendix I - Consolidated List of Schedule A, B, and C Exceptions (Federal Register via OPM)

Appendix II - Outstanding Scholar (OPM) and Bilingual/Bicultural Programs (OPM)

Appendix III - Veterans' Readjustment Appointment (VetGuide) (OPM)

Appendix IV - People With Disabilities

Appendix V - Presidential Management Intern Program (OPM)


Part A:   Competitive Service - Noncompetitive Appointing Authorities

Time-Limited Appointments in the Competitive Service

Authority Explanation
1)  Direct Hire Authority--Term Term appointment for a period of more than 1 year but not more than 4 years when the need for an employee's services is not permanent, and the appointment is based on direct-hire authority authorized by OPM.
2)  5 CFR 316.302(b) Term appointment for individuals defined under 316.302(b)(1) through (8), e.g., based on reinstatement eligibility, a veteran with a compensable service-connected disability of 30 percent or more, current or former employees of the General Accounting Office or the Administrative Office of the U.S. Courts, or eligibility for a Veterans' Readjustment Authority Appointment, etc.
3)  Direct Hire Authority--Temporary Temporary appointment based on direct hire authority authorized by OPM.
4)  5 CFR 316.402(b) Temporary appointment for individuals defined under 316.402(b)(1) through (8), e.g., based on reinstatement eligibility, a veteran with a compensable service connected disability of 30 percent or more, current or former employees of the General Accounting Office or the Administrative Office of the U.S. Courts, or eligibility for a Veterans' Readjustment Authority Appointment, etc.
5)  5 CFR 316.403 Temporary appointment designated as a provisional appointment to temporarily fill a continuing position leading to a permanent appointment. Such positions are filled under an authority established by law, Executive Order, regulation or granted by OPM.
6)  5 CFR 316.601 Appointment without competitive examination in rare cases. The duties and compensation of the position are such, or qualified persons are so rare, that in the interest of good civil service administration the position cannot be filled through open competitive examination. The appointment is specifically authorized by OPM or is made under an agreement between the agency and OPM providing for such appointments
7)  5 CFR 316.701 Retention of an individual when the Federal Government has taken over a public or private enterprise, or an identifiable unit thereof, and that a position has thereby been brought into the competitive service. Following required actions defined in regulation, the employee will either be converted to a career or career-conditional appointment, retained as a status quo employee, or retained under a temporary appointment not to exceed 1 year.
8)  5 CFR 316.702 An excepted position brought into the competitive service by statute, Executive Order, or the revocation of an exception under Civil Service Rule VI. Following required actions defined in regulation, the employee will either be converted to a career or career-conditional appointment, retained as a status quo employee, retained under a temporary appointment not to exceed 1 year, or retained under a term appointment.
9)  5 CFR 330.207 Temporary appointment of a person selected from the agency's Reemployment Priority List.
10)  5 CFR 330.608 Temporary appointment of a person selected through the agency Career Transition Assistance Plan.
11)  5 CFR 330.708 Temporary appointment of a person selected through the Interagency Career Transition Assistance Plan.
12)  5 CFR 330.1106 Appointment for 121 days or more via priority consideration through the Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections. This program does not apply to law enforcement positions covered by the Federal Bureau of Prisons Priority Consideration Program.
13)  5 CFR 330.1204 Appointment for 121 days or more via special selection priority regulations for "Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees."


Part A:   Competitive Service - Noncompetitive Appointing Authorities

Career and Career-Conditional Appointments in the Competitive Service

Authority Explanation
1)  Direct Hire Authority Career or career-conditional appointment by direct-hire authority authorized by OPM.
2)  5 CFR 315.401 Career or career-conditional appointment by reinstatement to a competitive service position when the person previously was employed under a career or career-conditional appointment.
3)  5 CFR 315.501 Career or career-conditional appointment by transfer to a competitive service position, without a break in service or a single workday of a current career or career-conditional employee of another agency.
4)  5 CFR 330.207 Career or career-conditional appointment by reinstatement to a competitive service position from the agency's Reemployment Priority List.
5)  5 CFR 330.708 Career or career-conditional appointment by reinstatement or transfer via priority selection from the Interagency Career Transition Assistance Plan.
6)  5 CFR 330.1106 Career or career-conditional appointment via priority consideration through the Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections. This program does not apply to law enforcement positions covered by the Federal Bureau of Prisons Priority Consideration Program.
7)  5 CFR 330.1204 Career or career-conditional appointment via special selection priority regulations for "Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees."
8)  5 CFR 315.601 Career or career-conditional appointment of former employees of the Canal Zone Merit System or Panama Canal Employment System.
9)  5 CFR 315.602 Career or career-conditional appointment based on service in the Office of President or Vice-President or on the White House Staff.
10)  5 CFR 315.603 Career or career-conditional appointment based on former incumbency of a position brought into the competitive service.
11)  5 CFR 315.604 Career or career-conditional appointment of disabled veterans who have completed a training course under Chapter 31 of title 38, U.S. Code.
12)  5 CFR 315.605 Career or career-conditional appointment of former ACTION volunteers.
13)  5 CFR 315.606 Career or career-conditional appointment of certain present and former Foreign Service officers and employees.
14)  5 CFR 315.607 Career or career-conditional appointment of present and former Peace Corps personnel.
15)  5 CFR 315.608 Career or career-conditional appointment of certain former overseas employees.
16)  5 CFR 315.609 Career or career-conditional appointment based on service in United States positions of the Panama Canal Commission.
17)  5 CFR 315.610 Career or career-conditional appointment of certain National Guard technicians.
18)  5 CFR 315.701 Conversion of an employee retained under Ё316.701 and 316.702 to a career or career-conditional appointment.
19)  5 CFR 315.702 Conversion of an employee appointed under �6.601 to a career or career-conditional appointment. (Appointment without competitive examination in rare cases.)
20)  5 CFR 315.703 Conversion of an employee formerly reached on a register to a career or career-conditional appointment.
21)  5 CFR 315.704 Conversion of an employee serving after February 7, 1968, in a competitive position under an indefinite appointment or temporary appointment pending establishment of a register or as a status quo employee to a career appointment.
22)  5 CFR 315.705 Conversion of an employee serving under a transitional appointment or veterans readjustment appointment to a career or career-conditional appointment.
23)  5 CFR 315.707 Conversion of a disabled veteran to career or career-conditional appointment.
24)  5 CFR 315.708 Conversion based on service as a Presidential Management Intern to a career or career-conditional appointment.
25)  5 CFR 315.709 Conversion of employees who are mentally retarded, severely physically handicapped, or have psychiatric disabilities serving under Schedule A appointments to career or career-conditional appointments.
26)  5 CFR 315.710 Conversion of an employee occupying a professional and administrative career (PAC) position under a nontemporary appointment effected under 5 CFR �3.3202(1) to a career or career-conditional appointment.
27)  5 CFR 315.711 Conversion of readers, interpreters, and personal assistants serving under Schedule A positions to career or career-conditional appointments.
28)  5 CFR 315.712 Conversion based on service as a Career Intern to a career or career-conditional appointment.
29)  5 U.S.C. 3304(c) Career appointment of an individual who has served at least 3 years in the legislative branch in a position in which he/she was paid by the Secretary of the Senate or the Clerk of the House of Representatives; or for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States; is involuntarily separated without prejudice; passes a written test if required for the occupation; and transfers to the competitive service within 1 year of separation from the legislative or judicial branch.
30)  5 U.S.C. 3304(c) Career appointment of an individual who has served at least 2 years in a position in the legislative branch, and who is separated from that position to enter the armed forces is deemed to have held that position during his or her service in the armed forces. The individual's discharge from the armed forces under honorable conditions is considered as an involuntary separation from the legislative position.
31)  5 U.S.C. 3325 Career appointment of an individual with special qualifications in a professional or scientific field for a position authorized under 5 U.S.C. 3104 (research and development functions) with OPM approval of the individual's qualifications for the competitive service position.
32)  Executive Order 12015
(as amended by E.O. 13024)		 Career or career-conditional appointment based on service under the Student Career Experience Program of the Student Educational Employment Program.
33)  Interchange Agreement with a Merit System Career or career-conditional appointment based on an with a Merit System interchange agreement with other merit systems: Tennessee Valley Authority (extended indefinitely); Nuclear Regulatory Commission (extended indefinitely); Veterans Health Administration of the Department of Veterans Affairs (extended indefinitely); Veterans Canteen Service of the Department of Veterans Affairs (extended indefinitely); Civilian Intelligence Personnel Management System (expires 9/30/03); Nonappropriated Fund Employees of the Department of Defense (extended indefinitely); Defense Nuclear Facilities Safety Board (extended to 7/5/03); and Federal Aviation Administration (expires 7/5/02).


Part A:   Competitive Service - Noncompetitive Appointing Authorities

Career and Career Conditional Appointments in the Competitive Service Based on Appointing Authorities Authorized by Statute or Court Order.

(These authorities are not regulated by OPM, and therefore, are not contained in 5 CFR. Individuals eligible for appointment under these authorities are not required to compete under merit staffing procedures unless required by agency policy.)

Authority Explanation
1)  Outstanding Scholar
Program (Luevano
Consent Decree)

Career or career-conditional appointment based on a grade point average of 3.5 or better for all undergraduate course work, or have graduated in the upper 10 percent of the graduating major university subdivision.

NOTE:   This hiring provision does not provide noncompetitive hiring in the same manner as other noncompetitive authorities.1
2)  Bilingual/Bicultural Program
(Luevano Consent Decree)

Career or career-conditional appointment of a person who has Spanish language proficiency or knowledge of Hispanic culture when public interaction or job performance would be enhanced by those skills provided the appointee received a passing score through the alternative examining procedure, i.e., OPM's rating schedule which is available to an agency for use as part of the agency's delegated examining agreement with OPM.

NOTE:   This hiring provision does not provide noncompetitive hiring in the same manner as other noncompetitive authorities.1
3)  39 U.S.C. 1006 Career or career-conditional appointment based on an agreement between OPM and the U.S. Postal Service. Permits appointment without a break of a single day of an employee or officer of the Postal Career Service (i.e., one serving under appointment without time limit). Employee must have completed Postal probation, i.e., three months on a substantially full-time basis, or 520 hours).
4)  39 U.S.C. 3604(e) Career or career-conditional appointment based on agreement between OPM and the Postal Rate Commission. Permits appointment without a break in service of a single day of an employee or officer of the Postal Rate Commission serving under an appointment without time limit. Employee must have completed one-year probation under a Postal Rate Commission Career Service appointment.
5)  31 U.S.C. 732(g) Career or career-conditional appointment of a current or former General Accounting Office employee who has completed at least one year of continuous service under a nontemporary appointment that began on or after October 1, 1980.
6)  28 U.S.C. 602 Career or career-conditional appointment of a current or former Administrative Office of the U.S. Courts (AO) employee, except employees appointed to a high level position under 28 U.S.C. 603 or a position of a confidential or policy-determining nature. Employee must have completed at least one year of continuous service under a nontemporary AO appointment.


Part B:  Competitive Service - Competitive Appointing Authorities

Time-Limited Appointments

Authority Explanation
1)  5 CFR 316.201(a) Temporary appointment pending the establishment of a register (TAPER appointment) when there are insufficient eligibles on a register appropriate for filling a vacant position that will last for more than 1 year.
2)  5 CFR 316.201(b) TAPER appointment for Worker-Trainee positions.
3)  5 CFR 316.301 Term appointment for a period of more than 1 year but not more than 4 years when the need for an employee's services is not permanent.
4)  5 CFR 316.401 Temporary limited appointment not to exceed 1 year with 1 year extension.


Career and Career-Conditional Appointments

Authority Explanation
1)  5 CFR 315.301(a) Career-conditional appointment when appointed from a register for other than temporary or term employment. (An OPM Certificate of Eligibles or agency Certificate of Eligibles issued under delegated examining authority.)
2)  5 CFR 315.301(b) Career appointment when appointed from a register for other than temporary or term employment, and the individual has met or is excepted from the service requirement for career tenure. (An OPM Certificate of Eligibles or agency Certificate of Eligibles issued under delegated examining authority.)
3)  5 CFR 315.401 Career or career-conditional appointment by reinstatement when the person previously was employed under a career or career-conditional appointment.
4)  5 CFR 315.501 Career or career-conditional appointment by transfer to a competitive service position without a break in service of a single work day of a current career or career-conditional employee of another agency.
5)  5 CFR 315.611 Career or career-conditional appointment of certain veterans who competed under agency merit promotion announcements.
6)  OPM Cert. ACWA Career or career-conditional appointment when appointed from a certificate of eligibles under the Administrative Careers with America (ACWA) examination.
7)  OPM Cert. WTO Career or career-conditional appointment when appointed from a certificate of eligibles for a worker-trainee developmental job which requires specific types of training and development experiences that lead to a target position at a higher grade level.
8)  OPM Delegation Career or career-conditional appointment when appointed from a certificate of eligibles issued by an agency with a delegation of competitive examining authority from OPM or special examining unit authorized by OPM.


Part C:   Excepted Service Appointing Authorities

The excepted service includes all positions in the executive branch of the Federal Government which are specifically excepted from the competitive service by or pursuant to statute, by the President, or by the Office of Personnel Management. Positions in the excepted service are established under the appointing authority of Schedule A, B, or C.

Schedule A appointments include positions other than those of a confidential or policy-determining character for which it is impracticable to examine, e.g., attorneys; law clerks; chaplains; chaplains' assistants; Chinese, Japanese, and Hindu interpreters; severely physically handicapped or mentally retarded individuals; Presidential Management Interns; positions in remote/isolated locations where examination is impracticable, etc. OPM may authorize specific appointments under Schedule A when it agrees with an agency's claim that it is impracticable to examine.

Schedule B appointments include positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination, e.g., student temporary, student career, or career intern appointments. OPM may grant specific authorizations for appointments under Schedule B.

Schedule C appointments include positions of a confidential or policy-determining nature, e.g., positions that involve a close and confidential working relationship with the head of an agency or other key appointed officials. Schedule C positions are authorized by OPM.

A consolidated listing of Schedule A, B, and C exceptions is included at Appendix I.



Part D:  Statutory Appointing Authorities

Authority Explanation
1)  5 U.S.C. 3102 Employment of personal assistants for handicapped employees, including blind and deaf employees.
2)  5 U.S.C. 3103 Employment of an individual in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he/she is paid.
3)  5 U.S.C. 3105 Appointment of administrative law judges.
4)  5 U.S.C. 3109 Employment of experts and consultants.
5)  5 U.S.C. 3111 Acceptance of volunteer service.
6)  5 U.S.C. 3112 Noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.
7)  5 U.S.C. 3133 Appointment to positions in the Senior Executive Service.
8)  5 U.S.C. 3325 Appointments to scientific and professional positions without competitive examination on approval of the proposed appointee's qualifications by the Office of Personnel Management.
9)  5 U.S.C. 3374 Appointment of employees from State or local governments for an agreed period of assignment (Intergovernmental Personnel Act Assignment).


Part E:   Statutory Appointing Authorities Pertaining to the U.S. Department of Justice

Authority Explanation
1)  28 U.S.C. 503 Appointment of the Attorney General by the President with the advice and consent of the Senate.
2)  28 U.S.C. 504 Appointment of the Deputy Attorney General by the President with the advice and consent of the Senate.
3)  28 U.S.C. 504a Appointment of an Associate Attorney General by the President with the advice and consent of the Senate.
4)  28 U.S.C. 505 Appointment of a Solicitor General by the President with the advice and consent of the Senate.
5)  28 U.S.C. 506 Appointment of ten Assistant Attorneys General by the President with the advice and consent of the Senate.
6)  28 U.S.C. 507 Appointment of an Assistant Attorney General for Administration by the Attorney General, in the competitive service.
7)  28 U.S.C. 515 Appointment of special attorneys by the Attorney General. (Also known as special assistants to the Attorney General.)
8)  28 U.S.C. 532 Appointment of the Director, Federal Bureau of Investigation by the Attorney General.
9)  28 U.S.C. 533 Appointment of officials to (1) detect and prosecute crimes against the United States; (2) assist in the protection of the person of the President; and (3) conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.
10)  28 U.S.C. 534 Appointment of officials to perform functions pertaining to acquisition, preservation, and exchange of identification records and information.
11)  28 U.S.C. 536 Excepts positions in the Federal Bureau of Investigation from the competitive service. Incumbents of such positions occupy positions in the excepted service.
12)  28 U.S.C. 541 Appointment of United States Attorneys by the President with the advice and consent of the Senate.
13)  28 U.S.C. 542 Appointment of Assistant United States Attorneys by the Attorney General.
14)  28 U.S.C. 543 Appointment of attorneys to assist United States Attorneys when the public interest so requires, by the Attorney General.
15)  28 U.S.C. 550 Employment of clerical assistants, messengers, and private process servers by United States Attorneys, on approval of the Attorney General.
16)  28 U.S.C. 561(a) Appointment of the Director, United States Marshals Service by the President with the advice and consent of the Senate.
17)  28 U.S.C. 561(c) Appointment of United States Marshals by the President with the advice and consent of the Senate.
18)  28 U.S.C. 561(f) Appointment of employees by the Director, United States Marshals Service as are necessary to carry out the powers and duties of the Service. Such employees may be designated as law enforcement officials.
19)  28 U.S.C. 581 Appointment of United States Trustees by the Attorney General.
20)  28 U.S.C. 582 Appointment of Assistant United States Trustees by the Attorney General.
21)  28 U.S.C. 585 Appointment of an acting United States Trustee by the Attorney General.
22)  28 U.S.C. 589 Employment of staff and other employees by United States Trustees, on approval by the Attorney General.
23)  5 U.S.C. 3151 Appointment of individuals to positions established within the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, by the Attorney General.
24)  28 CFR 0.91 Appointment of Director, Office for Victims of Crime, by the Assistant Attorney General, Office of Justice Programs.
25)  28 CFR 0.92 Appointment of Director, National Institute of Justice, by the President.
26)  28 CFR 0.93 Appointment of Director, Bureau of Justice Statistics, by the President.
27)  28 CFR 0.94 Appointment of Administrator, Office of Juvenile Justice and Delinquency Prevention, by the President.
28)  28 CFR 0.94-1 Appointment of Director, Bureau of Justice Assistance, by the Attorney General.


Footnote 1 - The Outstanding Scholar and Bilingual/Bicultural Programs were established by the Luevano consent decree in 1981 as the result of a class action suit which alleged that the Professional and Administrative Careers Examination had an adverse impact on the hiring of Blacks and Hispanics. These hiring authorities were intended as a supplement to standing examining methods, to be used in situations when underrepresentation continues. The authorities were not intended to replace competitive examining, nor to become the primary method of hiring into specified occupations at grades GS-5 and 7.

Additionally, since temporary appointees are not part of the continuing workforce and are ineligible for position change, temporary appointments cannot serve the purpose of eliminating underrepresentation in the workforce. Thus, the authorities may not be used for temporary appointments. However, use of the authorities for term appointments are permitted. The Luevano decree was to enable the underrepresented to be hired into positions that would allow them to reach the full performance level of the position. Under a temporary appointment for one year with a one year extension, a person could not reach the full potential of the position. However, under a term appointment for four years, a person could generally reach the full performance level of the position.   Return to text

Return to the TOP

red, white, and blue horizontal line

Last Updated October 23, 2006
usdoj/jmd/ps/dm