Order Code RS22264
September 15, 2005
CRS Report for Congress
Received through the CRS Web
Federal Employees: Human Resources
Management Flexibilities in Emergency
Situations
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division
Summary
Federal executive branch departments and agencies have available to them various
human resources management flexibilities which can be utilized in emergency
situations, such as those which resulted from Hurricane Katrina. The Office of
Personnel Management has issued guidance on these flexibilities, which supplement the
basic policies governing staffing, premium pay, and leave sharing in Title 5 of the
United States Code.
In the aftermath of the devastation wrought by Hurricane Katrina in Alabama,
Louisiana, and Mississippi, the Office of Personnel Management (OPM) issued a
memorandum reminding the heads of federal executive departments and agencies of the
various human resources (HR) flexibilities available to them to facilitate management in
emergency situations.1 (OPM issued similar guidance following the September 11, 2001,
terrorist attacks.) Executive agencies across the government might be expected to utilize
these flexibilities, since, reportedly, all of the cabinet agencies and many independent
agencies are involved with hurricane recovery efforts.2 In the three states with areas
devastated by the hurricane, there are 55,253 federal (including Postal Service) workers:
3,028 employees are in Alabama; 31,896 employees are in Louisiana; and 20,329
1 U.S. Office of Personnel Management, Memorandum for Heads of Executive Departments and
Agencies; Emergency Hiring Situation Resulting from Hurricane Katrina, from Linda M.
Springer, Director, Sept. 6, 2005. (Hereafter referred to as OPM Sept. 6, 2005, Memorandum.)
As the 2005 hurricane season began, OPM’s Acting Director, Dan G. Blair, sent a June 28, 2005,
memorandum to the executive department and agency heads on “HR Flexibilities Available to
Assist Federal Employees Affected by Severe Weather Emergencies and Natural Disasters.”
(Both memorandums are available at [www.opm.gov].)
2 Peter Bell, “No Agency Left Behind in Hurricane Relief Effort,” Government Executive, Sept.
9, 2005.
Congressional Research Service ˜ The Library of Congress

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employees are in Mississippi.3 These workers are employed by some 47 federal agencies.
In the affected areas of the three states, the largest number of federal employees work for
the Postal Service, the Department of the Army, and the Department of Homeland
Security in Alabama and the Postal Service, the Department of Veterans Affairs, and the
Department of the Army in Louisiana and Mississippi.4
The HR flexibilities relate to staffing, premium pay, and leave transfer. Table 1,
below, provides information on the flexibilities.
Table 1. HR Flexibilities for Emergency Situations
Flexibility and Authority
Brief Description
Excepted Service5 Appointment — 30-Day Critical Hiring Need
Agencies can appoint individuals for 30 days and may extend the
[5 C.F.R. 213.3102(i)(2)]
appointment for up to an additional 30 days if continued employment is
essential to the agency’s operations. The same individual may not be
employed for more than 60 days in a 12-month period. The agency
may determine the qualification requirements. (For both senior-level
and lower-level positions.)
Excepted Service Appointment — Temporary Emergency Need
OPM has authorized agencies to appoint individuals for up to 1 year to
[5 C.F.R. 213.3102(i)(3)]
fill positions affected by or needed to respond to the devastation of
Hurricane Katrina. (For both senior-level and lower level positions.)6
Use of Private Sector Temporary Help Service Firms
Agencies can contract for up to 120 workdays with private sector
[5 C.F.R. Part 300, Subpart E]
temporary help service firms to quickly provide specific services (but
(Conditions for using private sector temporaries are at 5 C.F.R.
not for the SES, managerial, or supervisory positions). A contract may
300.503.)
be extended for an additional 120 workdays. The firm is the legally
responsible employer for all aspects of employment.
3 U.S. Office of Personnel Management, Federal Employees Affected by Katrina, Based on Mar.
31,2005, Central Personnel Data File, Report Updated Sept. 7, 2005. Data provided to CRS by
OPM by electronic mail on Sept. 8, 2005.
4 In Alabama, the Postal Service employs 1,254 employees, the Department of the Army 761
employees, and the Department of Homeland Security 403 employees. In Louisiana, the Postal
Service employs 10,483 employees, the Department of Veterans Affairs (DVA) 4,519 employees,
and the Department of the Army 3,588 employees. In Mississippi, the Postal Service employs
4,375 employees, the DVA 3, 499 employees, and the Department of the Army 2,863 employees.
5 Excepted Service positions are not covered by the procedures governing the competitive service.
Qualification standards and requirements for these positions are established by the individual
agencies. The Title 5 rules on appointment (except for veterans preference), pay, and
classification do not apply. Excepted service agencies include the Central Intelligence Agency,
the Defense Intelligence Agency, the Federal Bureau of Investigation, and the National Security
Agency.
6 OPM Sept. 6, 2005, Memorandum.

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Flexibility and Authority
Brief Description
Reemployment Priority List (RPL)7
Agencies can use the RPL as a source of qualified individuals who are
[5 C.F.R. Part 330, Subpart B]
available for temporary appointments (generally, one year with up to
one additional year), term appointments (more than one year but not
more than four years), or permanent appointments in the competitive
service. An exception to choosing someone from the RPL may be
granted when an individual on the RPL or with a higher ranking cannot
assume duties without undue interruption to the agency.
Competitive Service8 Appointment — 120-Day
Agencies can make appointments of 120 days or less without first
[5 C.F.R. Part 330, Subparts F and G]
selecting a surplus or displaced employee who is eligible for
appointment under an Agency Career Transition Assistance Plan
(CTAP) or an Interagency Career Transition Assistance Plan (ICTAP).
For appointments of longer duration, the CTAP and the ICTAP may be
used to identify well-qualified federal employees available for
immediate employment.
Direct-Hire Authority
OPM may authorize agencies (government-wide or individually) to
[5 U.S.C. §3304; 5 C.F.R. Part 337, Subpart B]
appoint candidates directly to positions without regard to 5 U.S.C.
§§3309-3318. In approving the direct hire of candidates, OPM must
determine that a severe shortage of candidates or a critical hiring need
exists. OPM has approved the direct hire of medical officers, nurses,
diagnostic radiologic technicians, and pharmacists at all grade levels
and in all locations.
Senior Executive Service (SES)9 — Limited Emergency
Upon agency request, OPM may authorize agencies to appoint career
Appointments
employees to the SES for up to 18 months to meet a bona-fide,
[5 C.F.R. Part 317, Subpart F]
unanticipated, urgent need. The appointment cannot be renewed.
Reemploying Annuitants and Waiving Dual Compensation
Upon agency request, OPM may authorize agencies to reemploy
Restrictions
retirees. OPM, upon request, will grant agency heads the authority to
[5 U.S.C. 5532(g), 8344(I), 8468(f)]
waive the restrictions that prohibit federal retirees from getting the full
combined value of their salary and annuity upon reemployment.
7 The Reemployment Priority List (RPL) is the mechanism agencies use to give reemployment
consideration to their former competitive service employees separated by reduction in force (RIF)
or fully recovered from a compensable injury after more than one year.
8 Competitive Service positions require applicants to compete against one another in open
competition based on job-related criteria to obtain employment. The positions are subject to the
civil service laws codified at Title 5 of the United States Code and to oversight by the Office of
Personnel Management. Employees are to be selected from among the best-qualified and without
discrimination.
9 Senior Executive Service (SES) positions are classified above grade 15 of the General Schedule
or in level IV or V of the Executive Schedule, or an equivalent position, and are not filled by
presidential appointment by and with the advice and consent of the Senate. Members of the SES,
among other duties, direct the work of an organizational unit and exercise important policy-
making, policy-determining, or other executive functions.

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Flexibility and Authority
Brief Description
Reemploying Recipients of Voluntary Separation Incentives
Upon agency request, OPM may authorize agencies to rehire federal
(commonly referred to as buyouts)
employees who retired or separated with buyouts. Laws authorizing
[Various statutes authorized buyouts; general authority was
buyouts may have included a requirement that the buyout be repaid
provided through December 30, 1997, in Sec. 663 of the
upon government reemployment. Agencies may request that OPM
Treasury, Postal Service, and General Government
grant a repayment waiver.
Appropriations Act, 1997, enacted as P.L. 104-208, Sept. 30,
1996, 110 Stat. 3009-383, 5 U.S.C. 5597 note. This law
required full repayment if reemployment occurred within five
years after leaving the government.]
Premium Pay for Emergency Overtime Work
Agencies may make exceptions to the biweekly limitation on premium
[5 U.S.C. 5547(b); 5 C.F.R. 550.106]
pay. When an agency head determines that an emergency posing a
direct threat to life or property exists, an employee performing
overtime work in connection with the emergency will generally be
covered by an annual, rather than a biweekly, pay limitation. Under the
annual limitation, the total of basic and premium pay in a calendar year
may not exceed the greater of the annual rate of pay for GS-15, step 10
(including any applicable special rate or locality rate), or Level V of
the Executive Schedule.
Emergency Leave Transfer Program10
OPM, at the President’s direction, may establish an emergency leave
[5 U.S.C. §6391; 5 C.F.R. Part 630, Subpart K]
transfer program to assist employees affected by an emergency or
major disaster (including floods, earthquakes, tornadoes, and
bombings) which severely adversely affects substantial numbers of
employees. Under the program, executive agency employees could
donate unused annual leave to affected employees in their own or other
agencies. The President has authorized OPM to establish such an
emergency leave transfer program to assist employees affected by
Hurricane Katrina if such is needed.11
Robert T. Stafford Disaster Relief and Emergency Assistance
Authorizes the hiring of temporary staff, experts, and consultants to
Act (P.L. 93-288, as amended)
provide disaster relief during emergencies declared by the President.
[88 Stat. 149-150; 42 U.S.C. 5149]
Authorizes federal agencies to appoint and fix the compensation of
temporary personnel without regard to Title 5 of the United States
Code provisions on appointments in the competitive service and to
employ experts and consultants in accordance with 5 U.S.C. §3109.
10 For OPM’s guidance on the emergency leave transfer program , see U.S. Office of Personnel
M a n a g e m e n t , E m e r g e n c y L e a v e T r a n s f e r P r o g r a m , a v a i l a b l e a t
[http://www.opm.gov/oca/leave/HTML/emerg.htm].
11 U.S. Office of Personnel Management, Memorandum for Heads of Executive Departments and
Agencies; Emergency Leave Transfer for Federal Employees Affected by Hurricane Katrina,
from Linda M. Springer, Director, Sept. 2, 2005. The memorandum authorizes agencies affected
by the hurricane to (1) determine whether, and how much, donated annual leave is needed by
affected employees; (2) as appropriate, approve leave donors and leave recipients in their
agencies; (3) facilitate the distribution of donated annual leave from approved leave donors to
approved leave recipients within their agencies; and (4) determine the period of time for which
donated annual leave may be accepted for distribution to approved leave recipients.

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