Order Code RS22264
Updated February 26, 2008
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 Hurricanes Katrina and Rita and which
could occur during a pandemic influenza outbreak. The Office of Personnel
Management has issued guidance on these flexibilities, which supplements the basic
policies governing staffing, compensation, leave sharing, and telework in Title 5 of the
United States Code. Legislation (S. 1000, H.R. 4106, and a provision in H.R. 3221) to
enhance telework in the federal government is pending in the 110th Congress.
Over the last several years, federal departments and agencies have received guidance
from the Office of Personnel Management (OPM) on the various human resources (HR)
flexibilities available to them to facilitate management in emergency situations. Notably,
these issuances occurred following the September 11, 2001, terrorist attacks and in the
aftermath of the devastation wrought by Hurricanes Katrina and Rita which occurred
back-to-back in the Gulf Coast region of the United States in late Summer 2005.1 Most
1 U.S. Office of Personnel Management, Memorandum for Heads of Executive Departments and
Agencies, “Excused Absence and Assistance to Federal Employees Affected by the Attacks at
the World Trade Center and the Pentagon,” from Kay Coles James, Director, September 13,
2001, available at [http://www.opm.gov/oca/COMPMEMO/2001/2001-08.asp]. 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, September 6, 2005, available at [http://www.chcoc.gov/Attachments/trans663.pdf].
(Hereafter referred to as OPM September 6, 2005, Memorandum.) See also U.S. Office of
Personnel Management, Memorandum for Heads of Executive Departments and Agencies, “HR
Flexibilities Available to Assist Federal Employees Affected by Severe Weather Conditions or
Other Emergency Situations,” from Linda M. Springer, Director, July 11, 2007, available at
[http://www.opm.gov/oca/compmemo/2007/2007-06.asp].

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recently, OPM reiterated the guidance2 as part of fulfilling its responsibilities, under the
President’s national strategy on pandemic influenza, to provide direction on human capital
management and COOP planning criteria, and to update telework documents.3 The
agency also includes a Federal Hiring Flexibilities Resource Center, described as “a
toolkit,” on its website.4 In a December 18, 2006, memorandum, OPM encouraged
agencies located in the Gulf Coast region devastated by Hurricane Katrina to evaluate
using the various human resources flexibilities, and in particular, recruitment, relocation,
and retention incentives, to meet their human capital needs.5 The HR flexibilities relate
to staffing, compensation, leave transfer, and telework.
Table 1, below, provides information on selected flexibilities.
Table 1. HR Flexibilities for Emergency Situations
Flexibility and Authority
Brief Description
Appointments in Remote or Isolated Locations [5 C.F.R.
Agencies can appoint individuals for up to one year to work less than 1040 hours per year.
§213.3102(i)(1)]
Such appointments can be extended indefinitely in one-year increments. A remote or
isolated location is “outside the local commuting area of a population center from which an
employee can reasonably be expected to travel on short notice under adverse weather or road
conditions which are normal for the area.”
Excepted Service6 Appointment — 30-Day Critical Hiring Need
Agencies can appoint individuals for 30 days and may extend the appointment for up to an
[5 C.F.R. §213.3102(i)(2)]
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 one year to fill positions
[5 C.F.R. §213.3102(i)(3)]
affected by or needed to respond to the devastation of Hurricane Katrina. (For both senior-
level and lower level positions.)7
2 U.S. Office of Personnel Management, Human Capital Planning for Pandemic Influenza;
Information for Agencies and Departments, August 3, 2006 and updated September 12, 2006,
available at [http://www.opm.gov/pandemic/index.asp].
3 U.S., The White House, Homeland Security Council, National Strategy for Pandemic Influenza,
November 2005, available at [http://www.whitehouse.gov/homeland/pandemic-influenza.html].
4 The Federal Hiring Flexibilities Resource Center is available at
[http://www.opm.gov/Strategic_Management_of_Human_Capital/fhfrc/default.asp].
5 U.S. Office of Personnel Management, Memorandum for Chief Human Capital Officers,
“Recruitment and Retention Flexibilities for Gulf Coast Employees,” from Linda M. Springer,
Director, December 18, 2006, available at [http://www.opm.gov/oca/compmemo/2006/2006-
21.asp].
6 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.
7 OPM September 6, 2005, Memorandum.

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Flexibility and Authority
Brief Description
Appointment of Faculty Members
Agencies can appoint faculty members to scientific, professional, or analytical positions.
[5 C.F.R. §213.3102(o)]
Appointees must be bona fide faculty members from accredited colleges and universities,
have special qualifications for the position, and not work more than 130 days per year.
Use of Private Sector Temporary Help Service Firms
Agencies can contract for up to 120 workdays with private sector temporary help service
[5 C.F.R. Part 300, Subpart E]
firms to quickly provide specific services (but not for the SES, managerial, or supervisory
(Conditions for using private sector temporaries are at 5 C.F.R.
positions). A contract may be extended for an additional 120 workdays. The firm is the
§300.503.)
legally responsible employer for all aspects of employment.
Reemployment Priority List (RPL)8
Agencies can use the RPL as a source of qualified individuals who are available for
[5 C.F.R. Part 330, Subpart B]
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 Service9 Appointment — 120-Day
Agencies can make appointments of 120 days or less without first selecting a surplus or
[5 C.F.R. Part 330, Subparts F and G]
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 appoint candidates
[5 U.S.C. §3304; 5 C.F.R. Part 337, Subpart B]
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)10 — Limited Emergency Appointments
Upon agency request, OPM may authorize agencies to appoint career employees to the SES
[5 C.F.R. Part 317, Subpart F]
for up to 18 months to meet a bona-fide, unanticipated, urgent need. The appointment
cannot be renewed.
Reemploying Annuitants and Waiving Dual Compensation Restrictions
Upon agency request, OPM may authorize agencies to reemploy retirees. OPM, upon
[5 U.S.C. §5532(g), §8344(I), §8468(f)]
request, will grant agency heads the authority to waive the restrictions that prohibit federal
retirees from getting the full combined value of their salary and annuity upon reemployment.
Reemploying Recipients of Voluntary Separation Incentives
Upon agency request, OPM may authorize agencies to rehire federal employees who retired
(commonly referred to as buyouts)
or separated with buyouts. Laws authorizing buyouts may have included a requirement that
[Various statutes authorized buyouts. General authority was provided
the buyout be repaid upon government reemployment. Agencies may request that OPM
through December 30, 1997, in P.L. 104-208, §663, Sept. 30, 1996;
grant a repayment waiver.
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 pay. When an
[5 U.S.C. §5547(b); 5 C.F.R. §550.106]
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.
8 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.
9 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.
10 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. (5 U.S.C. §3132(a)(2))

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Flexibility and Authority
Brief Description
Recruitment Incentives
Agencies may pay recruitment incentives to newly appointed employees (or employees
[5 U.S.C. §5753; 5 C.F.R. Part 575, Subpart A]
reappointed after a 90-day break-in service) after determining that it is likely to be difficult
to fill positions in the absence of such incentives. A service agreement of at least six
months is required.11
Relocation Incentives
Agencies may pay relocation incentives to current employees who must permanently or
[5 U.S.C. §5753; 5 C.F.R. Part 575, Subpart B]
temporarily relocate to accept positions in different geographic areas after determining that
it is likely to be difficult to fill positions in the absence of such incentives. Establishment of
residency and a service agreement for a specified period are required. Generally, relocation
incentives are approved on a case-by-case basis.12
Retention Incentives
Agencies may pay retention incentives to current employees after determining that the
[5 U.S.C. §5754; 5 C.F.R. Part 575, Subpart C]
employees unusually high or unique qualifications or a special need for the employees
services makes it essential to retain the employees who likely would leave federal service in
the absence of such incentives. Groups or categories of employees may be authorized to
receive retention incentives.13
Emergency Leave Transfer Program14
OPM, at the President’s direction, may establish an emergency leave transfer program to
[5 U.S.C. §6391; 5 C.F.R. Part 630, Subpart K]
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.15 Legislation authorizing emergency leave transfer for
the judicial branch was enacted as P.L. 109-229 on May 31, 2006.16
11 U.S. Office of Personnel Management, Recruitment Incentives, available at
[http://www.opm.gov/oca/PAY/HTML/RECBONFS.asp]. By law, OPM must report to Congress
on agency use of recruitment, relocation, and retention incentives in each year, 2005-2009 (P.L.
108-411, October 30, 2004, 118 Stat. 2305, at 2309-2310).
12 Ibid., Relocation Incentives, available at [http://www.opm.gov/oca/PAY/HTML/
RELBONFS.asp].
13 Ibid., Retention Incentives, available at [http://www.opm.gov/oca/PAY/HTML/
RETALLFS.asp].
14 For OPM’s guidance on the emergency leave transfer program , see U.S. Office of Personnel
Management, Emergency Leave Transfer Program, available at [http://www.opm.gov/
oca/leave/HTML/emerg.asp]. A sample agency plan on emergency leave transfer is available at
[http://www.opm.gov/oca/leave/HTML/ELTP_sample.asp].
15 “Memorandum on Assistance to Federal Employees Affected by Hurricane Katrina,”
September 1, 2005, Weekly Compilation of Presidential Documents, vol. 41, September 2005,
p. 1338. 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, September 2, 2005, available at
[http://www.opm.gov/oca/compmemo/2005/2005-17.asp]. The memorandum authorizes agencies
with employees 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. OPM issued guidance on the leave transfer program on September 14, 2006. (U.S.
Office of Personnel Management, Memorandum for Human Resources Directors,
“Governmentwide Transfer of Donated Annual Leave for Employees Affected by Hurricane
Katrina,” from Nancy H. Kichak, Associate Director, September 14, 2006, available at
[http://www.opm.gov/oca/compmemo/2006/2006-08.asp].)
16 In the wake of President Bush’s authorization for emergency leave transfer in the executive
branch, the Judicial Conference of the United States requested legislative authority for the same
(continued...)

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Flexibility and Authority
Brief Description
Robert T. Stafford Disaster Relief and Emergency Assistance Act
Authorizes the hiring of temporary staff, experts, and consultants to provide disaster relief
[P.L. 93-288, Title III, §306, May 22, 1974, as amended;) 88 Stat. 149-
during emergencies declared by the President. Authorizes federal agencies to appoint and
150; 42 U.S.C. §5149]
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.
Telework
OPM encourages greater use of telework — working at a location other than an employee’s
[P.L. 106-346, §359, Oct. 23, 2000; 114 Stat. 1356, at 1356A-36; 5
“official duty station” — during emergency situations to ensure continuity of operations and
U.S.C. §6120 note]
to reduce fuel consumption and traffic congestion.17 A telework center is one type of
alternative worksite housing workstations that can be rented by employers. The General
Services Administration operates telework centers in Maryland, Virginia, and West
Virginia.18
Pending Legislation on Telework
The Telework Enhancement Act of 2007 (S. 1000, as ordered to be reported, and
Title VI, Subtitle C of H.R. 3221, as passed by the House of Representatives) and the
Telework Improvements Act of 2007 (H.R. 4106, as introduced) are pending in the 110th
Congress.19 The legislation would require executive branch agency heads to establish
16 (...continued)
in the judicial branch. Senator Susan Collins introduced legislation (S. 1736) to provide such on
September 20, 2005. The bill passed the Senate, without amendment, by unanimous consent on
October 19, 2005. The next day the Senate committee’s report accompanying the legislation was
published. U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs,
Providing for the Participation of Employees in the Judicial Branch in the Federal Leave
Transfer Program for Disasters and Emergencies, report to accompany S. 1736, 109th Cong. 1st
sess., S.Rept. 109-158 (Washington: GPO, 2005). The bill was referred to the House Committee
on Government Reform on October 20, 2005, and it was marked-up and ordered to be reported
by voice vote on March 9, 2006. The committee reported the bill on May 2, 2006. U.S.
Congress, House Committee on Government Reform, Authority to Include Judicial Branch
Employees in Federal Leave Transfer Program for Disasters and Emergencies, report to
accompany S. 1736, 109th Cong. 2nd sess., H.Rept. 109-449 (Washington: GPO, 2006). S. 1736
passed the House of Representatives under suspension of the rules by voice vote on May 22,
2006. President George W. Bush signed the bill on May 31, 2006, and it became P.L. 109-229
(120 Stat. 390).
17 U.S. Office of Personnel Management, Memorandum for Heads of Departments and Agencies,
“Human Capital Flexibilities to Reduce Fuel Consumption,” from Linda M. Springer, Director,
September 2, 2005, available at [http://www.chcoc.gov/Attachments/trans662.pdf].
18 U.S. General Services Administration, Telework Centers, available at
[http://www.telework.gov]. For an analysis of the centers, see CRS Report RL33352, Telework
Centers and Federal Continuity of Operations Planning, by Lorraine H. Tong.
19 Senator Ted Stevens, for himself and Senator Mary Landrieu, introduced S. 1000 on March 27,
2007, and it was referred to the Senate Committee on Homeland Security and Governmental
Affairs. The Subcommittee on Oversight of Government Management, the Federal Workforce,
and the District of Columbia conducted a hearing on the bill on June 12, 2007. The full
committee marked up the bill and ordered it to be reported, by voice vote, on November 14, 2007.
Representative John Sarbanes offered an amendment on telework (No. 765) as a new subtitle C
to Title VI of H.R. 3221, the New Direction for Energy Independence, National Security, and
Consumer Protection Act, during House consideration of the bill on August 4, 2007, and it was
agreed to by voice vote. H.R. 3221 passed the House on a 241-172 (Roll No. 832) vote the same
day. Representative Danny Davis, for himself and Representatives John Sarbanes, Henry
(continued...)

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policies under which employees (with some exceptions) would be eligible to participate
in telework. S. 1000 also would cover legislative branch employees. The policies on
telework would have to be developed within 180 days after the act’s enactment (S. 1000
and H.R. 4106) or within one year after the act’s enactment (H.R. 3221). Under the
legislation, employee participation in telework would be required to the maximum extent
possible without diminishing either employee performance or agency operations. In the
executive branch, employees not eligible for telework generally would include those
whose duties involve the daily handling of secure materials, contact with persons, the use
of special equipment, or physical presence.
Each of the bills would require Telework Managing Officers to be appointed,
training to be provided to managers, supervisors, and employees, and various reports to
be prepared. Under H.R. 3221 and H.R. 4106, the Comptroller General would be directed
to evaluate the telework policies in the executive branch. The CG would be required to
issue an annual report that would provide, for each executive branch agency, information
on the number of employees (1) overall, (2) eligible to telework, (3) who telework
regularly, and (4) who telework occasionally. H.R. 3221 and H.R. 4106 also would
require the CG to determine the compliance of agencies with the act.
19 (...continued)
Waxman, Tom Davis, Frank Wolf, and Elijah Cummings, and Delegate Eleanor Holmes Norton,
introduced H.R. 4106 on November 7, 2007, and it was referred to the House Committee on
Oversight and Government Reform.

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