September 28, 2001

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

Attached is information from the Office of Personnel Management (OPM) pertaining to hiring flexibilities agencies may use to respond to emergency situations. These flexibilities include:

• use of the excepted appointing authority under 5 CFR 213.3102(i)(3) to fill, on a temporary basis for up to one year, positions affected by or needed to deal with the aftermath of the September 11, 2001, terrorist attacks;



• use of the excepted appointing authority under 5 CFR 213.3102(i)(2) for a critical need. Such appointment may be made for 30 days and extended for an additional 30 days.



• use of the above authorities to fill Senior Level positions, as well as positions at lower levels. Senior level space allocations must be reported to OPM within 10 days of the appointment.
  
  (Note: The requirements of the Career Transition Assistance Plan (CTAP), Reemployment Priority List (RPL), and Interagency Career Transition Assistance Plan (ICTAP) do not apply to excepted service appointments.)



• use of the Senior Executive Service Limited Emergency appointment authority under 5 CFR 317.601. OPM will immediately process requests under this authority for individuals who are not current career employees, and will consider temporary space allocations for agencies that identify the need as essential to deal with the September 11, 2001, terrorist attacks.



• reemploying annuitants and buyout recipients. Effective September 24, 2001, OPM has delegated authority to the Attorney General to waive, on a case-by-case basis, the dual compensation salary offset reduction required of reemployed Federal civilian annuitants, and the repayment of voluntary separation incentive payments when needed to fill temporary positions established to respond to the terrorist attacks of September 11, 2001. This authority has been redelegated to the Assistant Attorney General for Administration. These delegations and waivers expire on September 30, 2002. (Additional information will be forwarded by separate memorandum.)



• use of private sector temporary firms. Contracts may be made for 120 days and may be extended for an additional 120 days subject to displaced employee procedures.



• use of temporary appointments for 120 days or less without clearing CTAP or ICTAP; and



• appointments of current/former employees from the agency RPL.

If you or a member of your staff have any questions concerning the hiring flexibilities in emergency situations, please contact Jolliette Spencer or Robert Seymour, of the Personnel Staff's Policy Group, on (202) 514-6778.

Attachment

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