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Frequently Asked Questions Civilian Workforce Hiring Freeze

Actions Subject to Hiring Freeze and Exemptions from Hiring Freeze Q1. How does the freeze impact promotions? Can they be retroactive once the freeze is lifted? A1. Career ladder promotions may proceed without grant of exemption. Competitive promotion opportunities (even those internal to the Department) may only proceed if the position is exempt from the hiring freeze. Promotions may not be made retroactive unless required by law. Q2. Are adverse actions that result in a reassignment or change to lower grade to a different position permissible? A2. Yes. Adverse actions taken in accordance with chapter 75 of title 5, United States Code may proceed during the hiring freeze. However, if the action involves a reassignment (including a reassignment relating to a change to a lower grade) and the position to which the individual is proposed to be assigned is not exempted from the hiring freeze, the appropriate official to whom reallocation authority has been delegated must approve the proposed placement. Q3. Are settlement agreements that require filling a vacant position or a conversion to a new appointment allowable during the hiring freeze? A3. Actions involving placements into positions as a result of settlement agreements should be addressed through the appropriate Office of General Counsel. No new settlement agreements involving filling vacant positions or conversions to new appointments should be executed prior to coordination with the appropriate Office of General Counsel. Q4. Are conversions of individuals appointed under the Schedule A hiring authority for individuals with severe physical disabilities, psychiatric disabilities, and intellectual disabilities included in the exemption that allows for conversions in the ordinary course to the competitive service of current agency employees serving in positions with conversion authority (such as Veterans Recruitment Act)? A4. Yes, such actions for individuals in these categories may be taken without the grant of an exemption. Q5. Are management-directed reassignments allowed during the freeze? A5. Management-directed reassignments are allowed to proceed when they are made to ensure that the Department’s highest priority needs (including preservation of national security and other essential services) are not affected. Such management-directed reassignments must be approved by an official with delegated authority to make reallocation decisions. No reassignment may result in the move of an employee from a position that would qualify for an exemption from the hiring freeze to a position that would not qualify for such an exemption. Q6. Are accretion of duties actions authorized during the freeze? A6. Yes, such actions may be taken without the grant of an exemption.

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Q7. How does the hiring freeze affect the ability to appoint and, subsequently, convert to competitive service positions, individuals from scholarship or fellowship programs who have statutory service obligations? A7. New appointments of scholarship or fellowship program recipients may only be made to positions determined to be exempted from the freeze (regardless of whether or not an individual is a recipient of a scholarship or fellowship from the National Security Education Program (NSEP), the Science, Mathematics and Research for Transformation (SMART) Program, the Information Assurance Scholarship Program (IASP), and similar programs). DoD Components may noncompetitively convert current DoD employees who were scholarship or fellowship recipients under NSEP, SMART, IASP or similar programs to career or career-conditional appointments, provided they are employed in a position for which there is conversion authority. Components should ensure that any public service obligations related to scholarship or fellowship programs are communicated in writing to recipients who are not hired by DoD as a result of the freeze. Q8. Are hires to serve as members of Congressionally-mandated panels exempt from the freeze? A8. DoD Components should consult with the appropriate Office of General Counsel to determine whether hiring individuals to serve with pay is required as a matter of law. Students and Recent Graduates Q9. Are appointments under the Pathways Internship and Presidential Management Fellows programs exempt from the hiring freeze? A9. Yes, such appointments may be taken without a grant of exemption. Organizations will ensure that such hires understand the provisional nature of these appointments and that conversion is not guaranteed. Pathways Recent Graduates appointments may only be made to positions exempted from the freeze. Q10. Can we appoint Workforce Recruitment Program students and recent graduates (outside the Pathways Program) during the freeze? A10. Workforce Recruitment Program students and recent graduates may only be appointed to positions exempted from the hiring freeze. Q11. Does the freeze apply to Intergovernmental Personnel Act positions? A11. DoD Components may accept individuals on detail assignments from eligible non-Federal entities during the hiring freeze. DoD Components may not use the Intergovernmental Personnel Act to appoint individuals from eligible non-Federal entities unless the position being filled is otherwise exempt. Q12. Are Pathways conversions exempted from the freeze? A12. Yes, conversion actions in the ordinary course of business to the competitive service of current DoD employees serving in positions with conversion authority, such as in Pathways programs (Pathways interns, Recent Graduates, and Presidential Management Fellows), may be taken without the grant of an exemption, if the employees currently are on the agency rolls and are otherwise eligible for conversion.

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Reallocations Q13. Are lateral transfers between one DoD Component to another DoD Component (e.g., Army to Navy, or Defense Logistics Agency to Missile Defense Agency, etc.) permitted during the freeze? A13. Lateral transfers between DoD Components are permitted by agreement between individuals to whom reallocation authority has been delegated. No lateral transfer may result in the move of an employee from a position that would qualify for an exemption from the hiring freeze to a position that would not qualify for such an exemption. Q14. Are DoD Components allowed to move employees from a non-exempted position to another non-exempted position? A14. Provided that the reallocation has been approved by an official with delegated authority to make reallocation decisions, an employee may be reallocated from a non-exempted position to another non-exempted position if such a move ensures the ability to meet the Department’s highest priority needs (including preservation of national security and other essential services). Q15. May routine reassignments be processed without an exemption if only a positon description number is being changed? A15. All reassignments must be processed in accordance with the reallocation conditions set forth in the Deputy Secretary’s memorandum of February 1, 2017 (DSD memo) and subsequent guidance. Q16. Is Senior Executive Service movement between tier levels considered reallocation? A16. Yes. Senior Executive Service movement is a reassignment, and as such, may occur between tier levels, or at the same tier level, to meet the Department’s highest priority needs and when approved by the official with delegated authority to make reallocation decisions. No reassignment may result in the move of an employee from a position that would qualify for an exemption from the hiring freeze to a position that would not qualify for such an exemption.

Processing of Hiring Actions Q17. How do we process hiring actions with effective dates after February 22, 2017, where an individual has already received Permanent Change of Station (PCS) orders? A17. The official to whom exemption authority has been delegated should review the position to determine whether the job offer should be revoked, or whether the individual should report for duty on an agreed upon start date, based on exemption criteria set forth in the DSD memo. However, if the action is a reallocation, in which the position must be filled to meet the Department’s highest priority needs, the PCS may continue provided that the reallocation has been approved by an official with delegated authority to make reallocation decisions. Regardless of whether an individual has PCS orders, if the hiring action is for a position not determined to be exempt, the position cannot be filled. Q18. For selectees who have accepted tentative job offers, can pre-employment activities continue (e.g., security, drug testing, etc.)?

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A18. For offers made before January 22, 2017, pre-employment activities may continue. However, no new firm offer may be extended. Q19. Can we make both tentative and firm job offers without finalizing and establishing an entry on duty date? A19. For positions that are determined not to be exempt, but for which hiring actions were initiated prior to January 22, 2017, no tentative or firm offer may be extended. Tentative and firm job offers may only be made for positions determined to be exempt and in accordance with criteria established in Section B.2. of the DSD memo. Q20. Can we honor job offers that were made after noon on January 22, 2017, and before January 25, 2017, when clarifying guidance was issued by the Office of Management and Budget (OMB)? A20. Tentative or firm offers made after January 22, 2017, may be honored only if the position is determined to be exempt from the freeze.

Q21. Can we continue with the hiring process up to the point when a tentative or even firm offer is made? Can we continue posting announcements and holding panels? A21. Yes. For positions that are exempted, organizations may continue to fill positions as part of normal activities. For positions that are not exempted, activities such as engaging in recruitment, posting job opportunity announcements (JOAs), assessing applications, conducting interviews, etc., may continue. However, no new tentative or firm offers may be made for positions that are not exempted from the freeze. Q22. We have firm offers to several active duty military members who have been competitively selected to civilian positions with entrance on duty dates set for May and June upon conclusion of their current active duty tour. Does the Uniformed Services Employment and Reemployment Rights Act exempt these positions from the freeze? A22. No. The positions may only be filled if they are determined to be exempt from the freeze. Overseas Hiring and Return Rights Q23. How does the hiring freeze impact the fill of positions in overseas locations? A23. All DoD positions are subject to the hiring freeze, including positions in overseas locations, unless otherwise exempt from the hiring freeze. Q24. May we place employees with return rights from an overseas assignment into vacant positions? May we reassign employees into positions held open for individuals with return rights from an overseas assignment? A24. Placements for individuals who are returning from an overseas assignment and who have return rights are required by law and, thus, are covered by Section C.1. of the DSD memo. However, DoD employees may only be reassigned to backfill positions held open for individuals with return rights if such reassignments meet the Department’s highest priority needs and have been approved by an official with delegated authority to make reallocation decisions. Additionally, no reassignment may result in the move of an employee from a position that would qualify for an exemption from the hiring freeze to a position that would not qualify for such an exemption.

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Priority Placement Program Q25. What happens with employees registered in the Priority Placement Program (PPP)? A25. Employees registered in PPP will continue to match positions that are exempt from the hiring freeze in accordance with standard PPP procedures. Employees who become eligible for PPP should continue to be registered in accordance with standard PPP procedures and timelines so that they are available to match any position that is exempt from the hiring freeze. Q26. What is the impact to PPP job offers that are firm offers with start dates after February 22, 2017? A26. When a firm offer was made and accepted and the start date is after February 22 (or no confirmed start date was established), the official to whom exemption authority has been delegated must determine if the appointment should be revoked or a start date established subject to exemption criteria established in section B.1 of the DSD memo. If the position to which an employee has been matched is not determined to be exempt, the position cannot be filled.