Federal Employees
OPM Data Do Not Identify if Temporary Employees Work for Extended Periods Gao ID: GAO-02-296 March 1, 2002In the early 1990s, concerns arose that federal agencies were retaining employees in an ongoing series of temporary appointments without benefits or tenure. For fiscal years 1991 through 2000, 10 agencies accounted for 90 percent of all temporary limited employees hired governmentwide. During this period, the number of temporary limited employees hired governmentwide declined by 47 percent--from 282,135 in fiscal year 1991 to 150,395 in fiscal year 2000. Most temporary limited employees were full-time hires in white-collar jobs who received some benefits, including annual pay adjustments and premium pay. A survey done at the 10 agencies indicated that seasonal work was the primary reason for using such employees, followed by peak workloads. The office automation clerical and assistance series was the most often reported occupational series for fiscal year 2000. Recent studies suggest that federal agencies and private sector firms use temporary employees for similar reasons--often staffing flexibility. Because temporary limited employees were serving for years under temporary appointments without the benefits afforded other long-term employees, the Office of Personnel Management (OPM) revised its regulations in 1994 to ensure that temporary employees were "used to meet truly short-term needs." The revised regulations created a two-year limit for individual temporary appointments in both the competitive and excepted service. OPM officials said that the Office of Merit Systems Oversight and Effectiveness, when assessing agencies' compliance with personnel laws and regulations, routinely included some individual temporary appointments in its periodic oversight reviews, but generally did not look at the work history of temporary limited employees in those appointments. OPM data show that many temporary limited employees hired in fiscal year 2000 had worked for the federal government for at least five years.
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Director: Team: Phone:GAO-02-296, Federal Employees: OPM Data Do Not Identify if Temporary Employees Work for Extended Periods
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United States General Accounting Office:
GAO:
Report to Congressional Requesters:
March 2002:
Federal Employees:
OPM Data Do Not Identify if Temporary Employees Work for Extended
Periods:
GAO-02-296:
Contents:
Letter:
Results in Brief:
Background:
Ten Agencies Were Predominant Users of Temporary Limited Employees:
Temporary Limited Employees Were Mainly Full-Time:
Agency Officials' Responses Indicate Seasonal Work Was the Primary
Reason for Using Temporary Limited Employees:
Studies Indicate Reasons Public and Private Sectors Use Temporary
Employees Are Generally Similar:
OPM Revised Its Regulations to Ensure the Appropriate Use of Temporary
Limited Appointments, but Long-Term Use May Still Exist:
Conclusions:
Recommendations:
Agency Comments:
Appendixes:
Appendix I: Agency Questionnaire on Temporary Limited Employees:
Appendix II: Objectives, Scope, and Methodology:
Appendix III: Comments From the Office of Personnel Management:
Appendix IV: GAO Contact and Staff Acknowledgments:
Tables:
Table 1: Number and Percentage of Temporary Limited Employees Hired by
the 10 Agencies for Fiscal Years 1991 Through 2000:
Table 2: Number of White-Collar GS Temporary Limited Employees by
Grade Level for Fiscal Years 1991 Through 2000:
Table 3: Temporary Limited Hires Governmentwide That Were Conversions
From One Temporary Appointment to Another Temporary Appointment in the
Same Agency, Fiscal Years 1991 through 2000:
Table 4: Temporary Limited Employees Hired in Fiscal Year 2000 Who Had
5 or More Years of Federal Service:
Table 5: Agencies and Agency Components Selected for Survey:
Figures:
Figure 1: Agencies' Hiring of Temporary Limited Employees in Fiscal
Year 2000:
Figure 2: Temporary Limited Employees Hired Governmentwide by Work
Schedule for Fiscal Years 1991 Through 2000:
Figure 3: Occupation Categories for Temporary Limited Employees Hired
Governmentwide for Fiscal Years 1991 Through 2000:
Figure 4: Percentage of Temporary Limited Employees Hired as
Identified by the 10 Agencies in Fiscal Year 2000 by Specific Reason:
Figure 5: Most Prevalent Occupations by Reason for Fiscal Year 2000 as
Identified by Our Survey of 10 Agencies:
[End of section]
United States General Accounting Office:
Washington, D.C. 20548:
March 1, 2002:
The Honorable Barbara A. Mikulski:
The Honorable Paul S. Sarbanes:
United States Senate:
This report responds to your request for information on federal
civilian temporary employees.[Footnote 1] Temporary employees provide
federal agencies with flexibility in handling temporary increases in
workload and short-term projects, such as working at military bases
that will soon close. Temporary employees also fill recurring summer
and seasonal positions, including jobs in national parks and forests.
Temporary employees generally assist agencies in fulfilling short-term
needs. However, in the early 1990s, there were concerns that agencies
were retaining employees in an ongoing series of temporary
appointments for long periods (8 to 10 years) without benefits or
tenure, making nonpermanent employment quasi-permanent for many. In
fact, in 1993 a temporary employee who had worked in an ongoing series
of temporary appointments for 8 years died after suffering a fatal
heart attack and his survivors were not entitled to a pension or
government-subsidized health or life insurance benefits. In 1994, the
Office of Personnel Management (OPM) revised its regulations governing
the use of temporary appointments to ensure that temporary employees
were used by agencies to meet truly short-term needs and were not
serving for years without many of the benefits afforded other long-
term employees.
In the competitive service, temporary employees are referred to as
temporary limited employees.[Footnote 2] Generally, the appointments
of these employees cannot exceed 1 year but can be extended for an
additional year (for a total of 24 months).[Footnote 3] Temporary
employees also serve in executive branch positions that have been
excepted from the competitive hiring requirements by law, regulation,
or administrative determination for 1 year with the possibility of an
extension for another year.[Footnote 4] For this report, we use the
phrase temporary limited employees to refer to appointments of
temporary employees for both the competitive and excepted services.
As agreed, our objectives were to (1) identify the federal agencies
that are the predominant users of temporary limited employees and the
number and job characteristics of such employees (including work
schedules, occupations, grade levels, and benefits); (2) discuss the
primary reasons agencies give for using temporary limited employees;
and (3) compare the federal government's use of temporary limited
employees with that of the private sector. In addition, we agreed to
identify steps OPM has taken to ensure the appropriate use of
temporary limited employees and to determine whether long-term use of
temporary limited employees still exists.
To address our objectives, we analyzed temporary limited employee data
from OPM's Central Personal Data File (CPDF)[Footnote 5] over a 10-
year period”fiscal years 1991 through 2000; sent a questionnaire to
the 10 agencies that were the predominant users of temporary limited
employees (see appendix I); reviewed studies on temporary employment,
including studies by OPM, the Merit Systems Protection Board (MSPB),
and the Congressional Research Service (CRS); and interviewed agency
officials. We requested comments on a draft of this report from the
director of OPM. Appendix II contains more information about our
objectives, scope, and methodology.
Results in Brief:
For fiscal years 1991 through 2000, 10 agencies were the predominant
users of temporary limited employees, accounting for slightly over 90
percent of all temporary limited employees hired governmentwide. These
agencies were the departments of Agriculture, Commerce, Defense,
Health and Human Services (HHS), the Interior, Justice, State, the
Treasury, and Veterans Affairs (VA) and the Federal Emergency
Management Agency (FEMA). Over this period, the number of temporary
limited employees hired governmentwide declined by about 47 percent
from 282,135 in fiscal year 1991 to 150,395 in fiscal year 2000.
[Footnote 6] Except for small year-to-year increases in fiscal years
1995, 1997, and 1998, the hiring of temporary limited employees
declined annually over this 10-year period. CPDF data show that for
permanent federal employees, the decline was about 19 percent over the
same 10-year period. The majority of temporary limited employees were
full-time hires in white-collar occupations who received some
benefits, including annual pay adjustments and premium pay.
However, these employees did not receive such benefits as retirement
and life insurance. After they worked for 1 year, they were eligible
to buy health insurance but had to pay the full cost of insurance.
According to the results of a survey we conducted at the 10 agencies
that were the predominant users of temporary limited employees,
seasonal work was the primary reason agency officials gave for using
such employees, followed by peak workload. The most often reported
occupational series for fiscal year 2000 was the office automation
clerical and assistance series.
Reports and studies over the past 15 years that discuss temporary
employment indicate that although some differences exist between the
federal government's use of temporary limited employees and that of
the private sector, the reasons federal agencies and private sector
firms use temporary employees are generally similar, primarily for
staffing flexibility. Differences include reasons that are acceptable
uses of temporary employees in the private sector (e.g.,
screening/recruiting for permanent positions and saving on wage and
benefit costs) but not under the regulations governing temporary
employees in the federal government. Other differences include reasons
that are associated with aspects of federal hiring (e.g., to
temporarily place candidates awaiting final security clearances and to
work in continuing positions that could not be filled permanently
because of budget cuts).
Because temporary limited employees were serving for years under a
series of temporary appointments without the benefits afforded other
long-term employees, in 1994 OPM revised its regulations governing the
use of temporary appointments to help ensure that temporary employees
were "used to meet truly short-term needs." OPM stated that it
developed "those regulations in response to Congressional and employee
concerns and evidence that some employees were, indeed, serving for
years under a succession of temporary appointments with no benefits
and no job security." The revised regulations generally created a 2-
year limit for individual temporary appointments in both the
competitive and excepted service. In addition, OPM officials said that
OPM's Office of Merit Systems Oversight and Effectiveness (OMSOE),
which assesses agencies' effectiveness in ensuring compliance with
personnel laws and regulations, routinely includes some individual
temporary appointments in its periodic oversight reviews of agencies
but generally does not look at the work history of temporary limited
employees serving in those appointments. The officials said that
unless OMSOE knew in advance or saw a problem based on prior audit
reports or other sources, it would not focus on temporary limited
employees. Because of the typically limited nature of its reviews of
temporary limited appointments, OMSOE's reviews of agencies are
unlikely to uncover instances of long-term temporary limited
employment.
CPDF data show that of those temporary limited employees hired
governmentwide in fiscal year 2000, about 16,000, or 11 percent, had 5
or more years in federal service. However, the CPDF data may include
prior permanent federal service for these temporary limited employees
and do not show any gaps in service that may have occurred. Therefore,
OPM's data do not identify the number of temporary limited employees
who worked for continuous extended periods. Although the 10 agencies
that were the predominant users of temporary limited employees said
they were monitoring individual appointments of such employees to
ensure that they were truly for short-term needs, neither OPM nor the
10 agencies have been monitoring the total years of temporary
employment by these individuals.
As CPDF data show, a substantial number of temporary limited employees
hired in fiscal year 2000 have worked for the federal government for
at least 5 years, and there is no way to determine from OPM's data
whether some of these employees have worked for continuous extended
periods. Therefore, we recommend that the director of OPM direct the
agency to conduct a study to identify the number of temporary limited
employees who have been working for continuous extended periods in
temporary limited appointments and use the results of this study to
modify the regulations governing temporary limited employees to
address any problem areas found. In addition, the director should
require OMSOE to include a sample of temporary limited employees and
their work histories as part of its periodic oversight reviews of
agencies. In commenting on a draft of this report, OPM agreed with our
recommendations. OPM's written comments are discussed near the end of
this report and reproduced in appendix III.
Background:
Temporary limited appointments are appropriate for meeting a range of
staffing requirements when an agency expects there will be no
permanent need for an employee. Temporary employees can work on a full-
time, part-time, seasonal, or intermittent basis[Footnote 7] Federal
employers are prohibited from using temporary employees to avoid the
costs of employee benefits or ceilings on permanent employment levels.
Federal employers also cannot use temporary employment as a "tryout"
or trial period prior to permanent employment. In addition, federal
employers cannot circumvent the competitive examining process by
appointing an individual on a temporary basis when that individual is
not among the list of qualified applicants certified for permanent
appointment. Finally, under OPM regulations, federal employers
generally cannot use a temporary appointment to refill positions that
were previously filled with such an appointment for an aggregate of 24
months over the preceding 3 years.
OPM states that although agencies have the basic authority to make
temporary limited appointments, agencies must document the reason for
each such appointment in an employee's official personnel folder.
Agencies can use the appointing authority to: (1) fill a short-term
position that is not expected to last longer than 1 year; (2) meet an
employment need that is scheduled to be terminated within 24 months
for such reasons as abolition, reorganization, contracting of the
function, anticipated reduction in funding, or completion of a
specific project or peak workload; or (3) fill positions temporarily
when the positions are expected to be needed for the eventual
placement of permanent employees who would otherwise be displaced from
other parts of the organization.
Various changes in regulation have been made over the years
restricting the length of service of temporary limited employees.
Beginning in 1938, temporary employees generally could not continue
past 30 days unless OPM's predecessor, the Civil Service Commission,
approved the extension. In 1960, the time a temporary appointment
could remain in effect was extended, so that appointments could be
made for as long as 1 year. In 1984, OPM increased the length of time
an appointment could remain in effect, so that agencies could extend a
temporary employee's service for a total of 4 years from the date of
initial appointment without OPM's approval. In response to this change
in policy, MSPB reported in 1987 that although the expanded authority
was a positive addition to the management tools available to federal
managers, such flexibility could lead to poor management practices
that result in continuing staffing needs being met with temporary
employees because they were easier to hire administratively.[Footnote
8]
Beginning in 1991, several hearings were held before subcommittees of
the House Committee on Post Office and Civil Service to receive
complaints of temporary employees. The hearings confirmed that federal
agencies were retaining employees in an ongoing series of temporary
appointments for long periods (8 to 10 years) without benefits or
tenure. In a tragic example, a National Park Service employee, James
A. Hudson, who had worked in an ongoing series of temporary limited
appointments for 8 years, died on July 5, 1993, after suffering a
fatal heart attack after working three shifts over a 2-day period
during the July 4 weekend. Mr. Hudson, who was a decorated Vietnam War
veteran, was a full-time temporary worker whose survivors
were not entitled to a pension or government-subsidized health or life
insurance benefits. In response to his death, the Congress, as part of
the Department of the Interior and Related Agencies Appropriations Act
of 1994, gave Mr. Hudson's widow a lump-sum payment of $38,400, the
amount his family would have received as life insurance benefits had
he been a permanent federal employee.
In 1994, responding to these hearings and information from other
sources, OPM revised its regulations governing agencies' use of
temporary appointments by reducing the time limit from a maximum of 4
years to 2 years and made the requirements uniform for temporary
appointments in both the competitive and excepted services. For an
extension beyond 2 years, agency officials must request and obtain
approval from OPM.
Ten Agencies Were Predominant Users of Temporary Limited Employees:
In fiscal year 2000, 10 agencies”the departments of Agriculture,
Commerce, Defense, HHS, the Interior, Justice, State, the Treasury,
and VA and FEMA”were the predominant users of temporary limited
employees. These agencies also employed 84 percent of all federal
employees in that year. Figure 1 shows the percentage of temporary
limited employees hired in fiscal year 2000 by the 10 agencies and all
other agencies.
Figure 1: Agencies' Hiring of Temporary Limited Employees in Fiscal
Year 2000:
[Refer to PDF for image: pie-chart]
10 Agencies: 92.44%;
Other agencies: 7.56%.
Source: GAO analysis of CPDF data.
[End of figure]
Over the 10-year period, these 10 agencies accounted for slightly over
90 percent of all temporary limited employees hired governmentwide.
Table 1 shows the number and percentage of temporary limited hires
that the 10 agencies used each year.
Table 1: Number and Percentage of Temporary Limited Employees Hired by
the 10 Agencies for Fiscal Years 1991 Through 2000:
Temporary limited employees hired:
Fiscal year: 1991;
Governmentwide: 282,135;
10 Agencies: 246,931;
Percentage of total: 87.52.
Fiscal year: 1992;
Governmentwide: 256,336;
10 Agencies: 221,066;
Percentage of total: 86.24.
Fiscal year: 1993;
Governmentwide: 236,322;
10 Agencies: 205,423;
Percentage of total: 86.93.
Fiscal year: 1994;
Governmentwide: 214,579;
10 Agencies: 184,094;
Percentage of total: 85.79.
Fiscal year: 1995;
Governmentwide: 217,861;
10 Agencies: 192,166;
Percentage of total: 88.21.
Fiscal year: 1996;
Governmentwide: 160,330;
10 Agencies: 144,207;
Percentage of total: 89.94.
Fiscal year: 1997;
Governmentwide: 162,882;
10 Agencies: 148,796;
Percentage of total: 91.35.
Fiscal year: 1998;
Governmentwide: 164,928;
10 Agencies: 153,131;
Percentage of total: 92.85.
Fiscal year: 1999;
Governmentwide: 160,827;
10 Agencies: 149,653;
Percentage of total: 93.05.
Fiscal year: 2000[A];
Governmentwide: 150,395;
10 Agencies: 139,021;
Percentage of total: 92.44.
[A[ The CPDF does not contain data on temporary limited employees
hired for the Decennial Census of Population and Housing conducted by
the Department of Commerce's Census Bureau. According to Census Bureau
officials, 893,278 individuals with temporary limited appointments
worked on the decennial census during fiscal year 2000. Census Bureau
officials could not readily provide us the overall number of
appointments and conversions.
Source: GAO analysis of CPDF data.
[End of table]
The number of temporary limited employees hired governmentwide
declined by about 47 percent from fiscal year 1991 to fiscal year
2000. By comparison, CPDF data show that for permanent federal
employees, the decline was about 19 percent over the same 10 years.
[Footnote 9] Except for small year-to-year increases in fiscal years
1995, 1997, and 1998, the hiring of temporary limited employees
declined annually over these 10 years.
Over the 10-year period, the majority of temporary limited employees
were full-time hires in white-collar occupations. These employees
received some benefits, including annual pay adjustments, overtime
pay, and premium pay.
Work Schedule:
Temporary limited employees can work a full-time, part-time, seasonal,
or intermittent work schedule. From fiscal years 1991 through 2000,
the majority of temporary limited employees were full-time hires.
Figure 2 contains data on temporary limited employees hired
governmentwide for fiscal years 1991 through 2000 by work schedule.
Figure 2: Temporary Limited Employees Hired Governmentwide by Work
Schedule for Fiscal Years 1991 Through 2000:
[Refer to PDF for image: multiple line graph]
The graph indicates the number of temporary limited employees hired
for fiscal years 1991 through 2000 in the following categories:
Total hires;
Full-time;
Seasonal/intermittent;
Part-time.
Source: GAO analysis of CPDF data.
[End of figure]
Occupations and Grade Levels:
Over the 10-year period, the majority of temporary limited employees
hired were in white-collar occupations. White-collar occupations
include professional, administrative, technical, and clerical
occupations. The remaining occupations were blue collar, comprising
the trades, crafts, and manual labor. Blue-collar occupations include
foreman and supervisory positions entailing trade, craft, or laboring
experience and knowledge as the paramount requirement. For fiscal year
2000, about 65 percent of temporary limited employees belonged to 10
occupational series: (1) the miscellaneous clerk and assistant series;
(2) fabric and leather, instrument, machine tool, metalwork, audio
visual/television/video, etc. series; (3) miscellaneous administrative
and program series; (4) forestry technician series; (5) office
automation clerical and assistant series; (6) general education and
training series; (7) biological science and technician series; (8)
educational and vocational training series; (9) education and training
technician series; and (10) park ranger series. Figure 3 shows the
percentage of temporary limited employees hired governmentwide by
occupation category for the 10-year period.
Figure 3: Occupation Categories for Temporary Limited Employees Hired
Governmentwide for Fiscal Years 1991 Through 2000:
[Refer to PDF for image: multiple line graph]
The graph indicates the percentage of temporary limited employees
hired for fiscal years 1991 through 2000 in the following categories:
White collar;
Blue collar.
Note: In fiscal years 1995 and 1996, there were 2 and 3 percent of
temporary limited employees hired, respectively, whose occupations
were classified as unknown, and in the other 8 years, less than 0.5
percent were so classified.
Source: GAO analysis of CPDF data.
[End of figure]
Most of the white-collar occupations were in the general schedule (GS)
pay plan, which consists of 15 grades of annual rates of basic pay.
Table 2 shows the numbers of white-collar GS temporary limited
employees hired governmentwide by grade level.
Table 2: Number of White-Collar GS Temporary Limited Employees by
Grade Level for Fiscal Years 1991 Through 2000:
Fiscal year: 1991;
GS grade levels: GS 1-4: 102,406;
GS grade levels: GS 5-8: 43,699;
GS grade levels: GS 9-12: 18,145;
GS grade levels: GS 13-15: 7,589;
Total GS: 171,839.
Fiscal year: 1992;
GS grade levels: GS 1-4: 93,206;
GS grade levels: GS 5-8: 45,409;
GS grade levels: GS 9-12: 18,270;
GS grade levels: GS 13-15: 7,773;
Total GS: 164,658.
Fiscal year: 1993;
GS grade levels: GS 1-4: 81,062;
GS grade levels: GS 5-8: 42,638;
GS grade levels: GS 9-12: 16,927;
GS grade levels: GS 13-15: 7,688;
Total GS: 148,315.
Fiscal year: 1994;
GS grade levels: GS 1-4: 72,079;
GS grade levels: GS 5-8: 39,992;
GS grade levels: GS 9-12: 16,626;
GS grade levels: GS 13-15: 6,277;
Total GS: 134,974.
Fiscal year: 1995;
GS grade levels: GS 1-4: 91,569;
GS grade levels: GS 5-8: 35,719;
GS grade levels: GS 9-12: 11,761;
GS grade levels: GS 13-15: 5,482;
Total GS: 144,531.
Fiscal year: 1996;
GS grade levels: GS 1-4: 68,599;
GS grade levels: GS 5-8: 24,305;
GS grade levels: GS 9-12: 8,441;
GS grade levels: GS 13-15: 2,873;
Total GS: 104,218.
Fiscal year: 1997;
GS grade levels: GS 1-4: 68,718;
GS grade levels: GS 5-8: 24,370;
GS grade levels: GS 9-12: 6,705;
GS grade levels: GS 13-15: 1,898;
Total GS: 101,691.
Fiscal year: 1998;
GS grade levels: GS 1-4: 69,709;
GS grade levels: GS 5-8: 24,993;
GS grade levels: GS 9-12: 7,141;
GS grade levels: GS 13-15: 1,917;
Total GS: 103,760.
Fiscal year: 1999;
GS grade levels: GS 1-4: 63,818;
GS grade levels: GS 5-8: 24,325;
GS grade levels: GS 9-12: 6,909;
GS grade levels: GS 13-15: 1,680;
Total GS: 96,732.
Fiscal year: 2000;
GS grade levels: GS 1-4: 61,897;
GS grade levels: GS 5-8: 22,781;
GS grade levels: GS 9-12: 6,348;
GS grade levels: GS 13-15: 1,598;
Total GS: 92,624.
Source: GAO analysis of CPDF data.
[End of table]
Benefits:
Temporary limited employees receive some rights and benefits but are
not entitled to many of the rights and benefits available to permanent
federal employees.[Footnote 10] Temporary limited employees, like
permanent employees, receive full salary based on the grade and step
of the position they occupy, annual pay adjustments, and overtime and
premium pay. They also generally earn annual and sick leave if they
work a full-time or part-time schedule.[Footnote 11] Part-time
employees earn annual and sick leave on a prorated basis. Seasonal
employees can work full time or part time. Because intermittent
employees have no fixed work schedule, they do not earn annual and
sick leave. Temporary limited employees are not eligible for military
leave or family and medical leave.
Retirement and life insurance benefits are not provided to temporary
limited employees.[Footnote 12] These employees cannot participate in
the Thrift Savings Plan.[Footnote 13] To be eligible for health
insurance benefits, they must complete 1 year of current continuous
employment, excluding any break in service of 5 days or less. Once
eligible, they must pay the entire cost of the insurance premium.
[Footnote 14] The government does not contribute toward the cost of
health insurance for temporary limited employees as it does for
permanent federal employees.
Temporary limited employees in the GS pay plan also do not receive
within-grade pay increases. However, some blue-collar temporary
limited employees are eligible for within-grade pay increases.
Temporary limited employees cannot be converted to permanent
positions, and the time served in a temporary limited position is not
creditable service for federal retirement.
Agency Officials' Responses Indicate Seasonal Work Was the Primary
Reason for Using Temporary Limited Employees:
According to the results of our survey of the 10 agencies that were
the predominant users of temporary limited employees, seasonal work
was the primary reason agency officials gave for using such employees.
Agency officials' responses indicate that 37 percent of the temporary
limited employees hired in fiscal year 2000 in their agencies were for
seasonal work. Those officials' responses indicate that 20 percent of
temporary limited employees were hired in fiscal year 2000 because of
peak workload. Overall, 18 percent of the temporary limited employees
hired in fiscal year 2000 were students, including students in
associate, graduate, or professional degree programs. Figure 4 shows
the percentage of temporary limited employees hired in fiscal year
2000 for each reason provided.
Figure 4: Percentage of Temporary Limited Employees Hired as
Identified by the 10 Agencies in Fiscal Year 2000 by Specific Reason
40 Percentage hired in fiscal year 2000:
[Refer to PDF for image: vertical bar graph]
The graph depicts percentage hired in fiscal year 2000 for the
following reasons:
Seasonal work;
Peak workload;
Special project;
Function to be contracted out;
Funding reduction;
Abolish/reorganize;
Other.
Note: "Other" includes students, who account for 18 percent. The
remaining 6 percent include unspecified reasons.
Source: GAO survey data.
[End of figure]
Figure 5 shows, by reason, the most prevalent occupations identified
by our survey of the 10 agencies that were the predominant users of
temporary limited employees. The most often reported occupational
series for fiscal year 2000 was the office automation clerical and
assistance series.
Figure 5: Most Prevalent Occupations by Reason for Fiscal Year 2000 as
Identified by Our Survey of 10 Agencies:
[Refer to PDF for image: table]
Most prevalent occupations: Biological science technician series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Check];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Empty];
Description of work: Supports production, research, operations, or
program administration efforts in laboratories, field, or other
settings including greenhouses, barns, caves, or wildlife refuges.
Most prevalent occupations: Clerk-typist series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Empty];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Empty];
Description of work: Involves typing performed solely or in
combination with general clerical work that does not require
specialized experience or training.
Most prevalent occupations: Computer clerk and assistant series;
Reason: Seasonal work: [Empty];
Reason: Peak workload: [Check];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Empty];
Description of work: Includes positions involving performance or
supervision of data processing support and services functions for
users of digital computer systems.
Most prevalent occupations: General student trainee series;
Reason: Seasonal work: [Empty];
Reason: Peak workload: [Empty];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Check];
Description of work: Includes trainee positions in each occupational
group that involve periods of pertinent formal education and periods
of employment in a federal agency; both of which must be part of a
formal student employment program.
Most prevalent occupations: Laboring series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Check];
Reason: Special project: [Check];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Check];
Description of work: Includes such jobs as mowing lawns, washing cars,
digging ditches, loading and unloading trucks, and moving furniture;
requiring mainly physical abilities and effort.
Most prevalent occupations: Mail and file series;
Reason: Seasonal work: [Empty];
Reason: Peak workload: [Check];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Check];
Description of work: Covers the administration, supervision, or
performance of clerical work related to the processing of incoming or
outgoing mail and/or the systematic arrangement of records for storage
or reference purposes and the scheduled disposition of records.
Most prevalent occupations: Miscellaneous administration and program
series;
Reason: Seasonal work: [Empty];
Reason: Peak workload: [Empty];
Reason: Special project: [Check];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Check];
Description of work: Involves the performance, supervision, or
management of nonprofessional work that requires analytical ability,
judgment, discretion, and knowledge of a substantial body of
administrative or program principles.
Most prevalent occupations: Miscellaneous clerk and assistant series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Check];
Reason: Special project: [Check];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Check];
Description of work: Involves performing or supervising clerical,
assistant, or technician work.
Most prevalent occupations: Office automation clerical and assistance
series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Check];
Reason: Special project: [Check];
Reason: Function to be contracted out: [Check];
Reason: Other: [Check];
Description of work: Includes word processing, either solely or
combined with clerical work.
Most prevalent occupations: Park ranger series;
Reason: Seasonal work: [Check];
Reason: Peak workload: [Empty];
Reason: Special project: [Empty];
Reason: Function to be contracted out: [Empty];
Reason: Other: [Empty];
Description of work: Includes such work in the conservation and use of
federal parks as forest and structural fire control; dissemination to
visitors of general, historical, or scientific information; folk-art
and craft demonstrations; and search and rescue missions.
Note 1: Our criterion for identifying primary reasons was that at
least four agency components listed a reason in their survey responses.
Note 2: "Other" includes students.
Source: GAO survey data.
[End of figure]
Studies Indicate Reasons Public and Private Sectors Use Temporary
Employees Are Generally Similar:
We reviewed reports and studies published over the past 15 years that
discussed aspects of temporary employment in the public and private
sectors. Although studies indicate that some differences exist between
the federal government's use of temporary limited employees and that
of the private sector, they also indicate that the reasons federal
agencies and private sector firms use temporary employees are
generally similar. The primary use for both sectors concern scheduling
flexibility for staffing so that employers could use temporary
employees in such instances as to fill in for absent regular
employees; to fill seasonal needs; and to provide needed assistance at
times of unexpected increases in business or to meet fluctuations in
workload. Differences between the sectors include reasons that are
acceptable uses of temporary employees in the private sector (e.g., to
screen/recruit for filling permanent positions and to save on wage and
benefit costs) but not allowed under the regulations governing
temporary employees in the federal government. Other differences
include reasons that are associated with aspects of federal hiring,
such as temporarily employing candidates awaiting final security
clearances and using temporary help in continuing positions that could
not be filled permanently due to budget cuts.
In June 1997, an employer study was published based on a survey
designed to be representative of employment in private sector
establishments with five or more employees in the United States.
[Footnote 15] This study directly addressed why private sector
employers used temporary employees and divided the reasons into two
categories. The first category consisted of reasons concerning
staffing levels, including:
* filling vacancies until regular employees are hired;
* filling in for absent regular employees who are sick, on vacation,
or on family medical leave;
* filling seasonal needs;
* providing needed assistance during peak-time hours of the day or
week;
* providing needed assistance at times of unexpected increases in
business;
* staffing special projects; and;
* providing needed assistance during hours not covered by full-time
shifts.
The second category consisted of varied reasons, including:
* screening job candidates for regular jobs,
* saving on wage and/or benefit costs,
* providing needed assistance during company restructuring or merger,
* filling positions with temporary workers for more than a year,
* saving on training costs,
* gaining special expertise possessed by this type of worker,
* accommodating employees' wishes for part-time hours, and,
* hiring part-time workers because of an inability to find qualified
full-time workers.
No comparable study has been done recently for the federal sector.
However, in 1987, MSPB issued a report on temporary appointments in
the federal government[Footnote 16] in which MSPB included the
responses of 21 departments and independent agencies that, among other
things, included a discussion of the reasons agencies cited for using
temporary appointments. According to the MSPB report, most agencies
expressed their responses in general terms concerning:
* positions not expected to last more than 1 year,
* seasonal positions,
* part-time and intermittent positions that are not clearly of a
continuing nature, and,
* continuing positions when temporarily vacated for periods of less
than 1 year.
In addition, some agencies provided specific examples, including:
* hiring postgraduate students to work on research projects that will
last several years;
* temporarily placing candidates in less sensitive positions while
they wait for final security clearances;
* placing workers in continuing positions that could not be filled
permanently due to budget cuts;
* filling shortage category and hard-to-fill positions, pending
certification from OPM;[Footnote 17] and;
* preventing a loss of candidates to private industry in occupations
like computer specialist by having the ability to hire such candidates
in 2 or 3 weeks with conversion to permanent employment at a later
date.
According to the MSPB report, the last two reasons, in particular,
indicated possible merit system concerns.
Other studies that provide reasons agencies cited for using temporary
employees concern specific agencies or agency components.[Footnote 18]
These reasons included using temporary employees:
* to meet fluctuations in workload,
* to address uncertain funding, and,
* to screen candidates before hiring them permanently.
According to OPM, the last two reasons are not appropriate uses of
temporary limited employees in the federal government.
OPM Revised Its Regulations to Ensure the Appropriate Use of Temporary
Limited Appointments, but Long-Term Use May Still Exist:
As with its other regulations, OPM is responsible for ensuring that
agencies adhere to its regulations concerning temporary employees. In
1994, OPM revised its regulations governing temporary appointments.
OPM stated that its intention in revising the regulations was to
ensure that temporary limited employees were used to meet truly short-
term needs and were not serving for years under a series of temporary
appointments without many of the benefits afforded other long-term
employees. The 10 agencies that are the predominant users of temporary
limited employees stated that they have been ensuring the need for
individual temporary appointments and monitoring the time limits
imposed on such appointments. According to OPM and agency officials,
however, neither OPM nor any of the 10 agencies have been monitoring
the total years of continuous temporary employment by these
individuals. CPDF data, the best available information, show that of
those temporary limited employees hired governmentwide in fiscal year
2000, about 16,000, or about 11 percent, had 5 or more years of federal
service. However, limitations in the CPDF data prevent a determination
of the number of individuals who spend long periods of continuous
federal service in temporary limited positions without many of the
benefits afforded other long-term employees.
OMSOE Reviews Not Normally Designed to Assess Temporary Limited
Appointments in Detail:
In 1994, OPM revised its regulations governing the use of temporary
limited appointments to help ensure that such employees are used to
meet truly short-term needs. Congressional hearings and information
from other sources prompted OPM to act because some temporary limited
employees were serving for years under a series of temporary limited
appointments without many of the benefits afforded other long-term
employees. For example, a 1992 OPM study reported that many
nonpermanent seasonal employees in the land management agencies were
"making a career" out of temporary work.[Footnote 19] The revised
regulations reduced the time limit for individual temporary limited
appointments from 4 to 2 continuous years of temporary service in a
position.
OPM's revised regulations governing temporary appointments also
generally limit agencies from refilling any position or its successor
(i.e., a position that replaces and absorbs the original position)
with a temporary appointment if that position had been filled by a
temporary appointment in either the competitive or excepted service
for a total of 2 years during the preceding 3 years. Positions
involving seasonal work (i.e., work that involves annual recurring
periods of less than 6 months) or intermittent work (i.e., work that
involves sporadic or irregular intervals) are exceptions to such
limits and restrictions. Under its regulations governing temporary
limited appointments in the competitive service, OPM requires the
supervisor of each position filled by temporary limited appointment to
certify that the employment need is truly temporary and that the
proposed appointment meets the regulatory time limits. The regulations
do not require such certification for excepted service temporary
limited appointments.
We contacted the 10 agencies that we identified as the predominant
users of temporary limited employees to identify steps that they were
taking to ensure the appropriate use of such employees. Officials from
the 10 agencies generally stated that they monitor the time limits on
individual temporary limited appointments to ensure that such
appointments adhere to the regulatory time limits and that they rely
on the supervisors of such employees to ensure that the employment
needs are truly temporary.
According to an OPM official, holding agencies accountable for
compliance with OPM's temporary limited employment regulations is
necessary for sound human resources administration. The official
stated that OPM monitors agencies' compliance with temporary limited
employment during the evaluation visits conducted by OMSOE, which
assesses agencies' effectiveness in ensuring compliance with personnel
laws and regulations. According to OMSOE, each of the departmental
agencies and independent agencies with larger numbers of employees is
subject to review every 4 years, and each of the smaller independent
agencies is reviewed every 5 years.[Footnote 20]
An OPM official said that OMSOE routinely includes some individual
temporary appointments in its periodic oversight reviews but generally
does not look at the work history of temporary limited employees
serving in those appointments. The officials said that unless OMSOE
knew in advance or saw a problem based on prior audit reports or other
sources, it would not focus on temporary limited employees. Because of
the typically limited nature of its reviews of temporary limited
appointments, OMSOE's reviews of agencies are unlikely to uncover
instances of long-term temporary limited employment. In reviewing
authorities used by an agency, OMSOE follows a standard audit
procedure of selecting a judgmental sample of appointments for review.
OMSOE uses a "problem oriented" sampling to select appointments. That
means that if OMSOE officials have identified problems with a specific
type of appointment through such sources as employee complaints and
periodic employee attitude surveys, the audit team will include some
of those appointments in the sample of appointments it reviews. If
temporary limited appointments were suspected of being a problem area,
the review might involve more work in this area. For example, because
of an indication of possible inappropriate use of the appointing
authority for temporary limited employees at the Department of the
Interior, OMSOE did an assessment of seasonal employment at the
National Park Service. In 1998, after completing its review, OMSOE
reported that a number of parks in the Department of the Interior's
National Park Service with seasons lasting longer than 6 months were
improperly filling seasonal positions with temporary limited
appointments. However, according to an OMSOE official, OMSOE normally
looked at the appropriateness of individual appointments and other
aspects of compliance with OPM regulations.
Regulations Include Provisions That Could Result in Long-Term Use of
Temporary Limited Employees:
There are several ways that temporary limited employees can work for
more than the 2-year limit on individual temporary appointments. In
its regulations, OPM recognizes circumstances when agencies may
require the service of temporary limited employees beyond the allowed
2 years. To extend a temporary limited appointment in the same
position beyond the maximum of 2 years, agency officials must request
and obtain approval from OPM. According to OPM, in fiscal year 1998,
it approved 110 requests covering 332 employees; in fiscal year 1999,
165 requests covering 426 employees; and in fiscal year 2000, 180
requests covering 418 employees.
Moreover, temporary limited employees can serve for continuous years
under different temporary appointments or in the same appointment
without an extension from OPM. If it involves a break in service of 3
days or less, an agency can reappoint or convert a temporary limited
employee from one temporary appointment to another temporary
appointment many times over a period of years and not conflict with
OPM's regulations.[Footnote 21] In addition, after 3 days have elapsed
after a temporary appointment ends, an agency can rehire the employee
using a new temporary limited appointment as long as it does not
involve the same basic duties, the same major subdivision of the
agency, and the same local commuting area as the original appointment.
However, the CPDF does not contain the necessary information to
identify whether new temporary appointments were formerly temporary
limited employees.
As shown in table 3, CPDF data show that from fiscal years 1991
through 2000, between 30 and 46 percent of the temporary limited
employees hired annually governmentwide were conversions within an
agency.
Table 3: Temporary Limited Hires Governmentwide That Were Conversions
From One Temporary Appointment to Another Temporary Appointment in the
Same Agency, Fiscal Years 1991 through 2000:
Fiscal year: 1991;
Number of temporary limited employees hired governmentwide: 282,135;
Total conversions: 108,457;
Percentage of temporary limited hires that were conversions: 38.44%.
Fiscal year: 1992;
Number of temporary limited employees hired governmentwide: 256,336;
Total conversions: 106,575;
Percentage of temporary limited hires that were conversions: 41.58%.
Fiscal year: 1993;
Number of temporary limited employees hired governmentwide: 236,322;
Total conversions: 108,643;
Percentage of temporary limited hires that were conversions: 45.97%.
Fiscal year: 1994;
Number of temporary limited employees hired governmentwide: 214,579;
Total conversions: 93,290;
Percentage of temporary limited hires that were conversions: 43.48%.
Fiscal year: 1995;
Number of temporary limited employees hired governmentwide: 217,861;
Total conversions: 94,951;
Percentage of temporary limited hires that were conversions: 43.58%.
Fiscal year: 1996;
Number of temporary limited employees hired governmentwide: 160,330;
Total conversions: 52,808;
Percentage of temporary limited hires that were conversions: 32.94%.
Fiscal year: 1997;
Number of temporary limited employees hired governmentwide: 162,882;
Total conversions: 52,309;
Percentage of temporary limited hires that were conversions: 32.11%.
Fiscal year: 1998;
Number of temporary limited employees hired governmentwide: 164,928;
Total conversions: 54,339;
Percentage of temporary limited hires that were conversions: 32.98%.
Fiscal year: 1999;
Number of temporary limited employees hired governmentwide: 160,827;
Total conversions: 49,124;
Percentage of temporary limited hires that were conversions: 30.54%.
Fiscal year: 2000;
Number of temporary limited employees hired governmentwide: 150,395;
Total conversions: 45,117;
Percentage of temporary limited hires that were conversions: 30.00%.
Source: GAO analysis of CPDF data.
[End of table]
According to an OPM official, there is no limit on the number of times
that an agency can convert a temporary limited employee to another
temporary limited appointment within the same agency as long as two
conditions are met. First, conversions to competitive temporary
appointments must be accomplished using a competitive selection method
or must be based on noncompetitive eligibility.[Footnote 22] Second,
the regulatory provisions limiting appointments to successor positions
must be met.
Finally, agencies can also exceed the general time limits of some
temporary limited employees. Under OPM regulations, an agency can
appoint and extend an employee in a seasonal or intermittent temporary
limited position without regard to the 2-year general time limit as
long as the time the employee worked annually was less than 6 months,
or 1,040 hours. It is also permissible for different subunits of an
agency to hire the same person for more than one seasonal appointment
lasting for up to 6 months. Thus, a seasonal temporary limited
employee could work full time for two subunits in an agency under two
different 6-month temporary limited appointments in the same year.
CPDF data show that from fiscal years 1991 through 2000, between 25
and 36 percent of temporary limited employees hired had a seasonal or
intermittent work schedule.
These scenarios could, as OPM reported in 1992, result in nonpermanent
employment”which is intended for short-term staffing needs”becoming
quasi-permanent. In that report, OPM focused on seasonal temporary
employment at land management agencies and stated that many
nonpermanent employees were making a career out of temporary work in
these agencies. OPM reported that thousands of park rangers on
temporary seasonal appointments work the summer season in one park and
the winter season in another,[Footnote 23] working virtually full time
on temporary appointments. An OPM official said that OPM's oversight
policy is to look at each park as a separate employer. This would
permit such situations to continue today.
In addition, OPM reported that more than 20 percent of the temporary
workforce at land management agencies had held 10 or more temporary
appointments or extensions to existing appointments. According to a
September 1994 MSPB report, retaining temporary employees for extended
periods (8 or 10 years or more) through the use of temporary
appointments is directly contrary to the explicit intent of the
temporary employment authority and denies employees involved many of
the benefits available to other long-term employees.
We analyzed CPDF data to estimate the extent to which individuals may
be spending long periods in federal service as temporary limited
employees without many of the benefits afforded other long-term
employees. Our analysis showed that of the temporary limited employees
hired in fiscal year 2000, 78 percent had federal service of 2 years
or less. However, CPDF data also showed about 16,000, or about 11
percent, had 5 or more years of federal service. Table 4 shows a
breakdown by type of temporary limited employee.
Table 4: Temporary Limited Employees Hired in Fiscal Year 2000 Who Had
5 or More Years of Federal Service:
Types of temporary limited employees: Full-time;
5 to 10 years: 2,869;
10 or more years: 2,560;
Total: 5,429.
Types of temporary limited employees: Part-time;
5 to 10 years: 231;
10 or more years: 251;
Total: 482.
Types of temporary limited employees: Seasonal/intermittent;
5 to 10 years: 3,746;
10 or more years: 5,988;
Total: 9,734.
Types of temporary limited employees: Student;
5 to 10 years: 513;
10 or more years: 74;
Total: 587.
Types of temporary limited employees: Total;
5 to 10 years: 7,359;
10 or more years: 8,873;
Total: 16,232.
Note 1: A type of temporary limited employee that is included but not
broken out separately are reemployed civil service annuitants. Unlike
other temporary limited employees, reemployed annuitants generally are
entitled to health and other benefits as a result of their retirement
from prior federal service. It is not possible to determine from CPDF
data exactly how many of the total number of temporary limited
employees hired in fiscal year 2000, or the 16,232 individuals who may
have worked more than 5 years, are reemployed annuitants. However,
CPDF data show that 1,754 of the 16,232 had 25 or more years of
federal service.
Note 2: These data exclude military service.
Source: GAO analysis of CPDF data.
[End of table]
The information in table 4, however, is imprecise because of
limitations in the data available in the CPDF, specifically in service
computation dates. A service computation date allows OPM and agencies
to track an employee's creditable years of federal service (civilian
and military) toward retirement and other benefits. For each federal
employee, this date is adjusted with every transfer, separation, or
reinstatement experience over the course of the employee's career. The
purpose of having a service computation date is so that at any point
in time there is a reasonably accurate measure of an employee's length
of service. The service computation date includes permanent federal
employment as well as temporary service without regard to when such
service was performed. For example, a current temporary limited
employee's service computation date indicating 10 years of service
could include years of prior military service,[Footnote 24] permanent
federal civilian service, and temporary limited employment over an
extended period with substantial gaps between appointments. Although
CPDF data are the best available information and show that some
temporary limited employees had been working for long periods in
federal service, it is not possible to determine how many temporary
limited employees actually worked for continuous extended periods in
temporary limited appointments.
Most of the 16,232 temporary limited employees hired in fiscal year
2000 who had 5 or more years in federal service were hired under
seasonal appointments. As mentioned earlier, as long as employees
hired under seasonal appointments work less than 1,040 hours per
appointment, OPM's regulations allow agencies to hire and extend such
employees for years. Because agencies reported to us that they were
monitoring only individual appointments, they would not necessarily
know whether seasonal or other temporary limited employees might have
been working for 5 or more years. They also might not know whether
employees serving in seasonal appointments could have been hired for
more than one seasonal appointment in any given year. As was the case
with the park ranger example cited earlier, such employees could be
working on two separate 6-month seasonal appointments”virtually full
time on temporary appointments”without an agency or OPM being aware of
it and without many of the benefits afforded other long-term employees.
According to officials from OPM and the 10 agencies that we identified
as the predominant users of temporary limited employees, neither OPM
nor the agencies monitor the total length of service for temporary
limited employees. According to OPM officials, identifying the total
length of continuous service of temporary limited employees would
require doing a "longitudinal," or historical study tracing the
service of individual employees back in time.
Conclusions:
From fiscal years 1991 through 2000, the majority of temporary limited
employees were full-time hires in white-collar occupations, eligible
to receive annual pay adjustments, overtime, and premium pay and
generally earning annual and sick leave. These employees did not
receive retirement and life insurance benefits but could buy health
insurance after they worked for more than 1 continuous year if they
were willing to pay the full cost of the insurance.
In 1994, OPM revised its regulations governing temporary limited
employees, generally creating a 2-year limit for each temporary
appointment. OPM stated that its intention in revising the regulations
was to help ensure that temporary limited employees would be used to
meet truly short-term needs and not serve for years without many of
the benefits afforded other long-term employees. However, the
regulations do not preclude agencies from hiring temporary limited
employees to work in a series of extensions, reappointments, and
appointments. Thus, there seems to be an inconsistency between OPM's
stated intent and what is permissible under the provisions of its
regulations. The regulations allow agencies to continue a pattern of
repetitive temporary appointments that result in long-term temporary
limited employees not receiving many of the benefits available to
other long-term employees.
CPDF data on the total years of service of temporary limited employees
show that of such employees hired governmentwide in fiscal year 2000,
about 16,000, or 11 percent, had 5 or more years of federal service.
However, the limitations of these data combined with the fact that
neither OPM nor agencies monitor the total years of temporary
employment by temporary limited employees raise a concern that
temporary limited employees could be serving for many years under a
series of appointments. In addition, OMSOE reviews of agencies are
unlikely to uncover incidents of long-term temporary limited
employment because they typically look only at individual appointments
but not the work history of temporary limited employees serving in
those appointments.
The CPDF data available to OPM and agencies for determining the time
federal employees spend in federal service include all federal
service, both temporary and permanent federal employment, without
regard to the total length of time over which such service was
performed. Neither OPM nor agencies collect the necessary information
that would identify whether, in fact, temporary limited employees were
working continuously for years. There is no way to tell from the CPDF
whether employees might be serving in temporary limited appointments
for continuous extended periods or how many may be receiving benefits,
for example, as a result of retiring from prior federal service.
Identifying the total length of continuous service of temporary
limited employees would require doing a "longitudinal," or historical
study tracing the service of individual employees back in time.
We recommend that the director of OPM direct OMSOE to conduct a study
to identify the number of temporary limited employees who have been
working for continuous extended periods in temporary limited
appointments and the reasons and conditions that permitted such cases
to occur. The director should use the results of this study to modify
the regulations governing temporary limited employees to address any
problem areas found. In addition, the director should require OMSOE to
include a sample of temporary limited employees and their work
histories as part of its periodic oversight reviews of agencies.
Agency Comments:
We sent a draft report to OPM in which we proposed that the director
of OPM clarify regulations on temporary limited employees so that they
address the amount of time such employees may serve in a series of
temporary appointments and better track compliance with the revised
regulations. We discussed this draft with OPM officials, who did not
believe that enough information was available to determine the nature
of any problems related to temporary limited employees working for
extended periods and how to revise the regulations. Therefore, we
revised the draft report to recommend that the director of OPM direct
the agency to conduct a study to identify the number of temporary
limited employees who have been working for continuous extended
periods in temporary limited appointments and the reasons and
conditions that permitted such cases to occur. We also recommended
that the director require OMSOE to include a sample of temporary
limited employees and their work histories as part of its periodic
oversight reviews of agencies. In a letter dated February 19, 2002,
(see app. HD the director of OPM provided comments on the revised
draft of this report. OPM agreed with both of these recommendations
and said that they would be implemented.
Our other recommendation was that the director should use the results
of the recommended study to modify the regulations governing temporary
limited employees to address any problem areas found. OPM did not
specify precisely what it would do in response to this recommendation
but said that any problems identified would be addressed through
recommended or required corrective actions.
As agreed with your offices, unless you publicly announce the contents
of this report earlier, we plan no further distribution until 30 days
from the date of this letter. At that time, we will send copies of
this report to the chairman and ranking member, Senate Committee on
Governmental Affairs; the chairman and ranking member, House Committee
on Government Reform; and the director of the Office of Personnel
Management. We will also send copies of this report to the heads of
the 10 agencies that participated in our survey and other interested
parties. We will also make copies available to others on request.
Please contact me on (202) 512-6806 if you or your staff have
questions. Key contributors to this report are listed in appendix IV.
Signed by:
Victor S. Rezendes:
Managing Director, Strategic Issues:
[End of section]
Appendix I: Agency Questionnaire on Temporary Limited Employees:
Agency Questionnaire on Temporary Limited Employees:
United States General Accounting Office:
Temporary Limited Employees - Agency Questionnaire:
Introduction:
The General Accounting Office has been asked by Senators Barbara
Mikulski and Paul Sarbanes to obtain information on the federal
government's use of temporary employees. Specifically, the requestors
are interested in the use of temporary limited employees, as defined
in the Code of Federal Regulations (5 C.F.R. 316.401), excluding those
with provisional appointments (5 C.F.R. 316.403). Federal agencies may
also hire temporary limited employees under agency-specific hiring
authority. Temporary limited employees are used to fill short-term
needs (that is, the initial appointment may not exceed 1 year and
generally may be extended up to a maximum of 1 additional year),
although temporary limited appointments that involve intermittent and
seasonal work may exceed the 2-year limit. We are sending this
questionnaire to 10 federal agencies whose selected components are the
major users of temporary limited employees. The information that we
are requesting is not available from either the Office of Personnel
Management (OPM) or its Central Personnel Data File (CPDF).
Please provide this questionnaire to the agency component indicated
below on this page and have the component complete the questionnaire.
Then, return the completed questionnaires for all of the components in
a single group to us, along with any additional requested information,
within 15 working days of receipt to the address listed below. You may
fax your response to us on (202) 512-4516, to the attention of Kiki
Theodoropoulos, and follow up with copies of any additional
information by mail or courier.
The return address is:
U.S. General Accounting Office:
Attention: Kiki Theodoropoulos:
441 G Street, N.W., Room 2908:
Washington, D.C. 20548:
If you have any questions, please contact Kiki Theodoropoulos on (202)
512-4579 or at theodoropoutosv@gao.gov or Molly Gleeson on (202) 512-
4940 or at gleesonm@gao.gov.
Thank you for your cooperation.
Agency/Component:
Please provide the following information:
Name of person completing questionnaire:
Title of person completing questionnaire:
Telephone number:
Fax number:
E-mail address:
1. According to OPM's Central Personnel Data File (CPDF),_____ hired
_____temporary limited employees, as defined in 5 C.F.R. 316.401,
during fiscal year 2000. Not included are temporary limited employees
with provisional appointments under 5 C.F.R. 316.403. For each of the
reasons listed below, please provide:
the approximate number of temporary limited employees who were hired
by your agency component during fiscal year 2000 for each of the
reasons listed below and the six most prevalent (in terms of number
hired) occupations of temporary limited employees hired for each
reason.
Reason: Seasonal work;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Peak workload;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Completion of special project;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Anticipated reduction in funding;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Function to be contracted out;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Abolishment or reorganization of function;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Other - specify:
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
2. According to the CPDF, _____ hired the following numbers of
temporary limited employees, as defined in 5 C.F.R. 316.401, for
fiscal years 1995 through 2000. Temporary limited employees with
provisional appointments under 5 C.F.R. 316.403 were excluded.
Fiscal year: 1995;
Number of temporary limited employees hired:
Fiscal year: 1996;
Number of temporary limited employees hired:
Fiscal year: 1997;
Number of temporary limited employees hired:
Fiscal year: 1998;
Number of temporary limited employees hired:
Fiscal year: 1999;
Number of temporary limited employees hired:
Fiscal year: 2000;
Number of temporary limited employees hired:
Please explain the reason(s) for any increases, decreases,
fluctuations, or static situations in the above data.
Page 32 GAO-02-296 Federal Employees
3. In addition to the temporary hires identified in question 1, did
your agency hire under authorities other than 5 C.F.R. 316.401
temporary employees whose initial appointment may not exceed 1 year
and generally may be extended up to a maximum of 1 additional year
(excluding provisional appointments under 5 C.F.R. 316.403)? These
other authorities could include excepted service and agency specific
authorities. (Check one.)
1. Yes: Continue with questions 4 through 6.
2. No: Questionnaire is now complete.
4. Please provide the following information for the temporary
employees hired in fiscal year 2000 under authorities other than 5
C.F.R. 316.401:
the approximate number of temporary employees who were hired by your
agency during fiscal year 2000 for each of the reasons listed below and
the six most prevalent (in terms of number hired) occupations of
temporary limited employees hired for each reason.
Reason: Seasonal work;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Peak workload;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Completion of special project;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Anticipated reduction in funding;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Function to be contracted out;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Abolishment or reorganization of function;
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
Reason: Other - specify:
Approximate number hired during FY 2000:
Occupations (Enter occupational series code and title. Enter a
maximum, of six occupations):
5. Please provide the following information for the temporary
employees hired in fiscal year 2000 under authorities other than 5
C.F.R. 316.401:
the nature of action code;
the legal authority code;
the title of the legal authority;
the number of employees hired under this legal authority, and;
the benefits (if any) that are available to these employees.
Nature of action:
Legal authority code:
Legal authority title:
Number of employees hired:
Benefits available (Check all that apply. If none, check "Other" and
specify "none"):
Retirement:
Health Insurance:
Life insurance:
Other - specify below:
6. In addition to the authorities in question 5, does your agency have
additional agency-specific regulations, instructions, or guidance for
hiring and providing benefits for such temporary employees?
1. Yes: Please return a copy of the instructions or guidance with the
completed questionnaire.
2. No.
Thank you very much for your assistance.
[End of section]
Appendix II: Objectives, Scope, and Methodology:
Senators Barbara A. Mikulski and Paul S. Sarbanes asked us to gather
information on federal civilian temporary employees, specifically
temporary limited employees. Our objectives were to (1) identify the
federal agencies that are the predominant users of temporary limited
employees and the job characteristics of such employees (including
work schedules, occupations, grade levels, and benefits); (2) discuss
the primary reasons agencies give for using temporary limited
employees; and (3) compare the federal government's use of temporary
limited employees with that of the private sector. In addition, we
agreed to identify steps OPM has taken to ensure the appropriate use
of temporary limited employees and whether long-term use of temporary
limited employees still exists.
To identify the federal agencies that are the predominant users of
temporary limited employees and the job characteristics of such
employees, OPM initially provided us with summary data listing
temporary limited employment by agency on a quarterly basis from March
1999 through March 2000. On the basis of OPM's list, we identified
agencies as predominant users of temporary limited employees if they
had 1,000 or more temporary limited employees on-board as of March 30,
2000. Ten agencies met our criterion for being predominant users: the
departments of Agriculture, Commerce, Defense, HHS, the Interior,
Justice, State, the Treasury, and VA and FEMA. These 10 agencies
accounted for 94 percent of the executive branch's temporary limited
workforce on-board as of March 30, 2000, according to data provided by
an OPM official.
We then reviewed temporary limited employment data contained in OPM's
CPDF, a database that contains personnel data for most of the
executive branch agencies, including all of the cabinet departments,
independent agencies, commissions, and councils.[Footnote 25] To
analyze CPDF data, we used an approach that an OPM official said would
extract data from the CPDF on temporary limited employees. During our
analysis, we found that OPM's approach extracted data on other types
of temporary employees (who can be appointed for more than 1 year and
are entitled to the same benefits as permanent employees) as well as
temporary limited employees. The OPM official later confirmed that
OPM's approach captured other types of temporary employees.
Because OPM's approach captured more than just temporary limited
employee data, we had to use another approach and criteria to select
data from the CPDF on competitive service temporary limited employees
and excepted service employees who meet the temporary limited
criteria. As there is no code in the CPDF to identify which current
federal employees are temporary limited employees, we reviewed
temporary limited appointments and conversions, which are
identifiable. For the competitive service, we reviewed the nature of
action codes (NOAC)[Footnote 26] and legal authorities[Footnote 27]
for temporary limited appointments defined in OPM's Guide to
Processing Personnel Actions and were able to clearly identify the
applicable NOACs and legal authorities for these employees. We checked
these codes and authorities in our later discussions with OPM and
agency officials and agencies' responses to our questionnaires. For
the excepted service employees who met the temporary limited criteria,
we identified the most likely NOACs and legal authorities from
information we obtained from (1) our contacts with OPM and agency
officials and (2) agency responses to our questionnaire in which we
asked the agencies to provide us with NOACs and legal authorities for
excepted service temporary limited employees for fiscal year 2000. We
did not verify the reliability of the nature of action and legal
authority data in the CPDF used to identify temporary limited
employees.
For the excepted service, we used NOACs and legal authorities reported
to us in the questionnaires except where they appeared to be in error.
This occurred in a very few instances. We also reviewed OPM's Guide to
Processing Personnel Actions to identify any additional NOACs or legal
authorities to include. We identified no other NOACs. We included only
those legal authorities with not-to-exceed (NTE) dates, and we
excluded those legal authorities where we could not determine if they
were for permanent or temporary appointments and the authorities were
not listed in the questionnaire responses.
We analyzed the temporary limited employment data contained in the
CPDF from fiscal year 1991 through 2000, and included those employees
hired throughout the year. We defined hires to include appointments
(i.e., when the person is not already an employee of an agency) and
conversions (i.e., appointments when a person is employed by an agency
in a different position or under a different hiring authority). We did
not analyze employees on-board as of a specific date (e.g., September
30) because such employees may work for short periods of time, and the
end of the fiscal year would only capture a moment in time, according
to agency human resources officials we interviewed.
To identify the job characteristics of temporary limited employees
governmentwide, we reviewed data available in the CPDF on work
schedules and grade levels for fiscal years 1991 through 2000 and
occupations for fiscal year 2000. To identify the benefits available
to these employees, we interviewed OPM officials and reviewed studies
from OPM and MSPB and applicable laws and regulations.
To identify the primary reasons agencies give for using temporary
limited employees, we designed and pretested with 2 agencies a
questionnaire that we later sent to the 10 agencies that we identified
as being the predominant users of such employees based on data
provided by an OPM official. (See app. I for a copy of the
questionnaire.) In designing the questionnaire, we discussed the
questionnaire contents with OPM officials and reviewed reports and
studies on temporary employees in the federal government.
For 7 of the 10 agencies, we asked their five components that were the
largest users of temporary limited employees to respond to the
questionnaire. For the remaining three agencies, including the four
components of Defense, the questionnaire responses covered the entire
agency. Table 5 lists the 41 agencies and components to which we sent
the questionnaire. During the pretests, agency human resource
officials told us that they could not provide the information we were
requesting on an agencywide basis. We identified the components that
were the largest users of temporary limited employees based on
information provided by OPM officials and CPDF data as of September
30, 1999. We received completed questionnaires from all 41 agencies
and components.
Table 5: Agencies and Agency Components Selected for Survey:
Agency: Department of Agriculture;
Component:
Agricultural Marketing Service;
Agricultural Research Service;
Animal and Plant Health Inspection Service;
Forest Service;
Natural Resources Conservation Service.
Agency: Department of Commerce;
Component:
Bureau of the Census;
International Trade Administration;
National Institute of Standards and Technology;
National Oceanic and Atmospheric Administration;
U.S. Patent and Trademark Office.
Agency: Department of Defense;
Component:
Air Force;
Army;
Navy;
Other DOD components.
Agency: Department of Health and Human Services;
Component:
Centers for Disease Control and Prevention;
Food and Drug Administration;
Health Care Financing Administration;
Indian Health Service;
National Institutes of Health.
Agency: Department of the Interior;
Component:
Bureau of Indian Affairs;
Bureau of Land Management;
National Park Service;
U.S. Fish and Wildlife Service;
U.S. Geological Survey.
Agency: Department of Justice;
Component:
Drug Enforcement Administration;
Executive Office for Immigration Review;
Executive Office for U.S. Attorneys;
Federal Bureau of Prisons;
Immigration and Naturalization Service.
Agency: Department of State.
Agency: Department of the Treasury;
Component:
Financial Management Service;
Internal Revenue Service;
U.S. Customs Service;
U.S. Mint;
U.S. Secret Service.
Agency: Department of Veterans Affairs;
Component:
Deputy Assistant Secretary for Human Resources Management;
General Counsel;
National Cemetery Administration;
Veterans Benefits Administration;
Veterans Health Administration.
Agency: Federal Emergency Management Agency.
[End of table]
The information in this review applies only to those agencies and
agency components to which we sent questionnaires. For three agencies,
the departments of Defense and State and FEMA, the information applies
to the entire agency. For seven agencies, their five components
comprised 73 to 98 percent of total temporary limited employees hired
in fiscal year 2000. We used this information to represent the 10
agencies surveyed, but the information cannot be projected to these 7
agencies or governmentwide. We did not report on the reasons for
increases, decreases, or fluctuations in temporary limited employees
hired from fiscal years 1995 through 2000 because the reasons were so
varied that an analysis would not be meaningful. Only one agency and
one agency component reported having additional agency-specific
instructions for their excepted service temporary limited employees.
We did not verify the accuracy of the data provided by the agencies.
To compare the federal government's use of temporary limited employees
with that of the private sector, we conducted a literature search to
identify studies on federal and private sector uses of temporary
employees. To ensure that we identified all relevant studies, we also
contacted OPM, MSPB, and CRS officials, because their agencies had
previously conducted studies concerning temporary limited employees.
We analyzed the reasons cited in the studies as to why employers use
temporary employees and compared similarities and differences for both
sectors.
To identify steps OPM has taken to ensure the appropriate use of
temporary limited employees, we analyzed CPDF data, reviewed OPM and
MSPB studies on temporary employment, interviewed OPM officials, and
reviewed current and prior OPM regulations and guidance on temporary
employees. We also asked the 10 agencies that we identified as being
predominant users of temporary limited employees about the steps they
were taking to ensure the appropriate use of such employees. For 8 of
the 10 agencies, we asked the component that was the largest user of
temporary limited employees in fiscal year 2000 to respond to our
inquiries. The eight agencies' components were the Forest Service,
Bureau of Census, Defense components other than the military services,
National Institutes of Health, National Park Service, Executive Office
for U.S. Attorneys, Internal Revenue Service, and Veterans Health
Administration. The two agencies were the Department of State and
FEMA. All responded to our inquiries.
To identify whether long-term use of temporary limited employees still
exists, we first had to determine how many employees appointed to
temporary limited positions had more than 2 years of prior creditable
service; to do so, we used the service computation dates in the CPDF.
We subtracted military service from the total creditable service.
Because creditable civilian service includes all prior civilian
federal service, including any permanent federal employment, and
because there may be gaps between federal service, creditable service
as reflected in the service computation date for temporary limited
employees cannot be used by itself to identify continuous years of
service under a series of appointments.
We did our work in Washington, D.C., from October 2000 through
February 2002, in accordance with generally accepted government
auditing standards.
[End of section]
Appendix III: Comments From the Office of Personnel Management:
United States:
Office Of Personnel Management:
Office Of The Director:
Washington, DC 20416-0001:
February 19, 2002:
Mr. Victor S. Rezendes:
Managing Director, Strategic Issues:
United States General Accounting Office:
Washington, DC 20548:
Dear Mr. Rezendes:
This responds to your request for written comments on your revised
draft report entitled "Federal Employees: OPM Data Do Not Identify if
Temporary Employees Work for Extended Periods." We appreciate the
additional effort you have made to address the issues discussed with
OPM staff at your recent meeting.
The revised report recommends that the Office of Personnel Management
(OPM) conduct a study to identify the number of temporary limited
employees who have been working for continuous extended periods in
temporary limited appointments and the reasons and conditions that
permitted such cases to occur. We concur with that recommendation. We
also agree with the recommendation for our Office of Merit Systems
Oversight and Effectiveness to include a sample of temporary limited
employees and their work histories as part of our periodic oversight
reviews of agencies.
We agree that the use of temporary limited appointments and,
especially, the length of time some employees serve under these
appointments, are important human capital issues for both OPM and
agencies. OPM is embarking on a new approach to assist the President's
Management Council agencies that account for 95% of the Federal
Government's workforce as they work to achieve the objectives of the
human capital score card. Increased coverage by OPM of an agency's use
of limited temporary appointments in its human capital planning and
workforce management would fit very well under this approach. As we do
now in our review of these appointments, any problems would be
addressed through recommended or required corrective actions.
Sincerely,
Signed by:
Kay Coles James:
Director:
[End of section]
Appendix IV: GAO Contact and Staff Acknowledgments:
GAO Contact:
Victor S. Rezendes, (202) 512-6806:
Acknowledgments:
In addition to the individual named above, Richard W. Caradine, Ronald
J. Cormier, Thomas G. Dowdal, V. Bruce Goddard, Robert J. Heitzman,
Stuart M. Kaufman, Michael J. O'Donnell, Molly K. Gleeson, Rebecca
Shea, Kiki Theodoropoulos, and Gregory H. Wilmoth, made key
contributions to this report.
[End of section]
Footnotes:
[1] Our review of temporary employees in the executive branch excluded
primarily the Postal Service, Tennessee Valley Authority, and the
intelligence agencies.
[2] The competitive service consists of those positions that are
subject to competitive civil service hiring procedures and requires
fair and open competition to ensure equal opportunity for all
applicants.
[3] The government also hires employees under other nonpermanent
authorities that are within OPM's oversight and that exceed 1 year
initially. In fiscal year 2000, these included 9,083 term
appointments, which can last from 1 to 4 years, and 1,213 temporary
appointments pending the establishment of a register (TAPER). A
register is a list of qualified applicants compiled in order of
relative standing for certification, from which permanent employees
can be selected. Individuals hired under term and TAPER appointments
are entitled to the same benefits as permanent employees.
[4] Whole agencies are excepted by law, including the Postal Service,
the Central Intelligence Agency, and the Federal Bureau of
Investigation, as are some occupations, such as attorneys, throughout
the federal government. Federal agencies also can have a completely
excepted employment system, such as the system that the Department of
Veterans Affairs has for health care professionals, that is in
addition to the department's competitive service system.
[5] The CPDF contains personnel data for most of the executive branch
departments and agencies as well as a few agencies in the legislative
branch. It does not contain employee data for the Central Intelligence
Agency, Defense Intelligence Agency, the National Reconnaissance
Office, the Board of Governors of the Federal Reserve System, National
Security Agency, Office of the Vice President, Postal Rate Commission,
Tennessee Valley Authority, U.S. Postal Service, the White House
Office, non-U.S. citizens working for federal agencies in foreign
countries, most employees of activities that do not receive
congressional appropriations (e.g., the Department of Defense's
Commissary Service); commissioned officers in the Department of
Commerce, Department of Health and Human Services, and the
Environmental Protection Agency; and all employees of the judicial
branch. The CPDF also does not contain data on temporary employees
hired to assist the Department of Commerce's Census Bureau with the
population and housing decennial census.
[6] We defined hires to include appointments (when the person is not
already an employee of an agency) and conversions (appointment of a
person already employed by an agency but in a different position or
under a different hiring authority). A person may receive more than
one appointment in any given year.
[7] Seasonal positions involve annually recurring periods of work
lasting less than 6 months or 1,040 hours, and intermittent positions
are positions in which work recurs at sporadic or irregular intervals
so that an employee's tour of duty cannot be scheduled in advance of
the administrative work week. Seasonal and intermittent positions are
exempt from the general time limits of temporary appointments.
[8] U.S. Merit Systems Protection Board, Expanded Authority for
Temporary Appointments: A Look at Merit Issues (Washington, D.C.:
1987).
[9] Permanent employee numbers used to compute this percentage consist
of employees who are on-board as of September 30 of each fiscal year
and do not include Senior Executive Service employees.
[10] A more complete and detailed listing of the rights and benefits
available to temporary limited employees can be found in U.S. Office
of Personnel Management, The Rights And Benefits of Temporary
Employees in the Federal Government (Washington, D.C.: 1993).
According to OPM officials, the rights and benefits discussed in that
report have not changed.
[11] Temporary limited employees with appointments for 90 days or less
do not earn annual leave; however, those who work beyond the 90 days
become eligible for leave from the beginning of the appointment.
[12] Temporary limited employees contribute to social security and
medicare.
[13] The Thrift Savings Plan is a defined contribution retirement plan
to which permanent federal employees can contribute and accumulate
assets in the form of a savings plan.
[14] Data provided by an OPM official show that as of September 30,
2000, about 16 percent of temporary limited employees were eligible
for health insurance coverage and about 51 percent of those eligible
enrolled.
[15] Susan N. Houseman, Temporary, Part-Time, and Contract Employment
in the United States: A Report on the W.E. Upjohn Institute's Employer
Survey on Flexible Staffing Policies (Kalamazoo, MI: W.E. Upjohn
Institute for Employment Research, 1996, revised 1997).
[16] U.S. Merit Systems Protection Board, Expanded Authority for
Temporary Appointments: A Look at Merit Issues (Washington, D.C.:
1987).
[17] Certification is the process by which a list of qualified
applicants are compiled in order of relative standing and presented to
an appointing official for employment consideration.
[18] U.S. General Accounting Office, Federal Workforce: Use of
Temporary Employees at Three Puget Sound Naval Installations,
[hyperlink, http://www.gao.gov/products/GAO/GGD-88-76] (Washington,
D.C.: 1988). U.S. Office of Personnel Management, Personnel Systems
and Oversight Group, Agency Compliance and Evaluation, Temporary
Employment Within Land Management Agencies of the Federal Government
(Washington, D.C.: 1992). U.S. Office of Personnel Management, Office
of Merit Systems Oversight and Effectiveness, Report of a Special
Joint Review With Defense Commissary Agency on Temporary/Intermittent
Employment (Washington, D.C.: 1996).
[19] U.S. Office of Personnel Management, Personnel Systems and
Oversight Group, Agency Compliance and Evaluation, Temporary
Employment Within Land Management Agencies of the Federal Government
(Washington, D.C.: 1992).
[2o] However, OMSOE does not necessarily review each office within an
agency each time it conducts an agency review. Each OMSOE audit team
determines which offices within an agency will be reviewed based on a
presite assessment of prior audit reports and other sources.
[21] A conversion is an appointment made by an agency of a person
already employed by that agency but in a different position or under a
different hiring authority.
[22] A competitive selection method is a competitive process that
consists of open competitive examination under the civil service laws,
rules, and regulations. Noncompetitive eligibility is an individual's
ability to be eligible for (or subject to) a personnel action based on
the person's having obtained such eligibility for (or becoming subject
to) the action through a previous open competitive process. For
example, career ladder promotions, demotions, reassignments,
transfers, reinstatements, or appointments based on prior service are
noncompetitive actions.
[23] Many national parks have both a summer and winter season, but
under the National Park Service excepted appointing authority, park
rangers are prohibited from working more than 180 working days in the
same park.
[24] A Our analysis excluded military service.
[25] The CPDF does not contain employee data for the Central
Intelligence Agency, Defense Intelligence Agency, National
Reconnaissance Office, Board of Governors of the Federal Reserve
System, National Security Agency, Office of the Vice President, Postal
Rate Commission, Tennessee Valley Authority, U.S. Postal Service,
White House Office, non-U.S. citizens working for federal agencies in
foreign countries, most employees of activities that do not receive
congressional appropriations (e.g., the Department of Defense's
Commissary Service); commissioned officers in the Department of
Commerce, HHS, and the Environmental Protection Agency; and all
employees of the judicial branch. The CPDF also does not contain data
on temporary employees hired to assist the Department of Commerce's
Census Bureau with the population and housing decennial census.
[26] A NOAC is the specific personnel action used to create or change
a civilian personnel record and includes such actions as promotion,
termination, and within-grade increase.
[27] Legal authority refers to the law, executive order, rule,
regulation, or other basis that authorizes the appointing officer to
effect a personnel action concerning an employee.
[End of section]
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