[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15481]


  Federal Register / Vol. 59, No. 122 / Monday, June 27, 1994 /
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[[Page Unknown]]

[Federal Register: June 27, 1994]


                                                   VOL. 59, NO. 122

                                              Monday, June 27, 1994

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 330, 332 and 351

RIN 3206-AG11

 

Interagency Placement Program

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing revised interim 
regulations that implement the new Interagency Placement Program. This 
new program supersedes the Displaced Employee Program and Interagency 
Placement Assistance Program through which OPM provided job placement 
assistance to employees displaced by reduction in force. In response to 
requests for a more effective and simplified program, OPM merged these 
existing programs into one single automated comprehensive program, the 
Interagency Placement Program which became activated on December 1, 
1993. Through this program, OPM can provide quicker and better 
placement service to employees and agencies. In addition, 5 CFR part 
351, Reduction in Force, is being amended to add Sec. 351.807, 
Certification of Expected Separation, which was erroneously removed at 
58 FR 32046 dated June 8, 1993.

DATES: These interim regulations are effective June 27, 1994. Written 
comments will be considered if received no later than August 26, 1994.

ADDRESSES: Send written comments to Leonard R. Klein, Associate 
Director for Career Entry, Office of Personnel Management, Room 6F08, 
1900 E Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Diane Bohling, 202-606-2786, FAX 202-606-0390.

SUPPLEMENTARY INFORMATION: OPM operated two placement programs, the 
Displaced Employee Program and the Interagency Placement Assistance 
Program. Upon requests from agencies, OPM developed the new Interagency 
Placement Program. Agencies stated the Displaced Employee Program and 
the Interagency Placement Assistance Program did not meet their needs. 
Among their reasons were:
     Displaced Employee Program registrants were not required 
to update their registrations. When employees were referred to agencies 
through the Displaced Employee Program, many were no longer available 
or could not be reached. This resulted in a high declination rate and a 
slow, ineffective and cumbersome referral process, and was very costly 
and time-consuming to the agencies. It also affected the credibility of 
the program.
     Each OPM Service Center maintained its own Displaced 
Employee Program inventory. When an agency recruited for a position 
that was located in a geographic area not within the jurisdiction of 
its local OPM Service Center, it had to contact another OPM Service 
Center to clear the Displaced Employee Program. It was confusing to 
agencies as to which Service Center to contact.
     The Interagency Placement Assistance Program was not 
successful in placing employees who were identified as surplus.
     The Interagency Placement Assistance Program was not 
successful in placing excepted service employees who did not have 
personal competitive status.
    Similar to the Displaced Employee Program, agencies must consider 
Interagency Placement Program registrants before making competitive 
appointments to positions that are expected to last more than 1 year. 
This means that agencies must consult the Interagency Placement Program 
inventory when filling positions through a competitive register held by 
OPM or an agency with delegated examining authority; direct-hire 
authority; or the Outstanding Scholar provision. Agencies do not need 
to consult the Interagency Placement Program inventory when making 
noncompetitive appointments or conversions to the competitive service. 
No individual may be selected for such a vacancy as long as a qualified 
IPP registrant is available. Appointing officers may not pass over an 
IPP eligible to select a non-IPP eligible unless an objection to the 
IPP eligible is sustained.
    To meet the needs of its customers and resolve the problems 
identified, OPM is proposing only a few changes to existing 
regulations. The existing regulations remain the same with the 
following changes to 5 CFR part 330, subparts C, D, and H; 5 CFR part 
323, subpart C and 5 CFR part 351, subpart H:
     these proposed regulations reflect the new Interagency 
Placement Program name;
     the Interagency Placement Program automates and 
centralizes OPM's placement program, expedite the referral process, 
reduces costs to the agencies, increases the period of placement 
assistance for career-conditional employees from 1 year to 2 years, and 
requires registrants to update their registration every 6 months to 
maintain a current placement program inventory;
     excepted service employees must have personal competitive 
status obtained from a previous appointment and be in Tenure 1 or 2 to 
be eligible for registration in the Interagency Placement Program; and
     employees must have received a specific reduction in force 
notice or a Certification of Expected Separation to register in the new 
Interagency Placement Program.
    Agency personnel offices have been provided an Interagency 
Placement Program Operating Plan and an Automated Applicant Referral 
System Users Handbook which describe the operation of the Interagency 
Placement Program.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
for waiving the general notice of proposed rulemaking because it would 
be contrary to the public interest to delay access to benefits. Also, 
pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to make 
this amendment effective in less than 30 days. The delay in the 
effective date is being waived to give effect to the benefits extended 
by the amended provisions at the earliest practicable date.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only certain Federal employees.

List of Subjects

5 CFR Part 330

    Armed forces reserves, Government employees.

5 CFR Part 332

    Government employees.

5 CFR Part 351

    Administrative practice and procedure, Government employees.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending parts 330, 332 and 351 of title 5, 
Code of Federal Regulations, as follows:

PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)

    1. The authority citation for part 330 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-58 
Comp., p. 218; Sec. 330.102 also issued under 5 U.S.C. 3327; subpart 
B also issued under 5 U.S.C. 3315 and 8151; Sec. 330.401 also issued 
under 5 U.S.C. 3310; subpart H also issued under 5 U.S.C. 8337(h) 
and 8457(b); subpart I also issued under sec. 4432 of Pub. Law 102-
484.

Subpart C--Placement Assistance Programs for Displaced Employees

    2. In subpart C, Secs. 330.301 and 330.302 are revised to read as 
follows:


Sec. 330.301  Coverage.

    This subpart covers the Interagency Placement Program for employees 
who will be displaced or have been separated from their Federal jobs as 
a result of agency work force reductions, compensable on-the-job 
injury, discontinued service retirement or disability retirement. 
Agencies have the primary responsibility for providing placement 
assistance to their surplus or displaced employees, and for operating 
positive placement programs as set forth in Sec. 330.307 of this 
subpart. OPM supplements these agency efforts by administering an 
Interagency Placement Program which gives surplus or displaced 
employees priority referral to positions in other agencies.


Sec. 330.302  OPM Interagency Placement Program.

    OPM operates the Interagency Placement Program (IPP) which provides 
placement assistance to employees who have received a Certification of 
Expected Separation or specific notice of separation, or who have been 
separated.
    3. In section 330.303, paragraph (a) is removed and reserved, and 
paragraphs (b) introductory text and (b)(4)(iii) are revised to read as 
follows:


Sec. 330.303  Eligibility.

* * * * *
    (b) For the IPP, the registrant must:
    (4) * * *
    (iii) Has fully or partially recovered from a compensable injury in 
accordance with the provisions of sub-chapter I of chapter 81 of title 
5, United States Code, when the agency is unable to restore the 
employee;
* * * * *
    4. Section 330.304 is revised to read as follows:


Sec. 330.304  Period of eligibility.

    Employees registered in the IPP receive 2 years of OPM placement 
assistance renewable in 6 month increments by the registered employee.
    5. In section 330.305, paragraphs (a), (b) and (d) are revised to 
read as follows:


Sec. 330.305  Placement assistance.

    (a) IPP registrants are referred ahead of other candidates when 
they are qualified and available for vacancies expected to last more 
than 1 year and that are filled through competitive appointments. No 
individual may be selected for such a vacancy as long as a qualified 
IPP registrant is available. Referrals are based on qualifications of 
registrants.
    (b) Placement assistance is nationwide except that registrants who 
decline transfer or reassignment outside the commuting area may 
register for placement assistance only within the commuting area of the 
position from which they will be or were separated. However, these 
registrants may transfer their eligibility to another commuting area if 
they later relocate.
* * * * *
    (d) When an agency selects an IPP registrant, it employs him or her 
under appropriate appointments such as reinstatement, transfer, 
position change, or excepted appointment.
    6. Section 330.306 is revised to read as follows:


Sec. 330.306  Termination of eligibility.

    Eligibility for assistance under the IPP will be terminated if one 
of the following occurs:
    (a) A registrant's 2 year period of eligibility expires (except for 
preference eligibles who are eligible for up to 1 year of additional 
assistance as specified in Sec. 330.407);
    (b) The registrant requests, in writing, that placement assistance 
be terminated;
    (c) The registrant is placed in a nontemporary position in either 
the competitive or excepted service;
    (d) The registrant declines an offer of continuing employment in 
the competitive or excepted service under conditions (i.e., grade, 
salary, geographic location, or work schedule) the registrant 
previously indicated were acceptable, unless OPM determines that an 
exception is warranted; or
    (e) The agency notifies OPM that the registrant no longer meets the 
eligibility criteria for program registration and placement assistance.
    7. In Sec. 330.307, paragraphs (a)(1), (b) and (c) are revised to 
read as follows:


Sec. 330.307  Agency responsibilities.

    (a) Agency program. (1) Each agency has primary obligation to 
assist, to the maximum extent practical and in keeping with the 
requirements set forth in paragraph (a)(2) of this section, in the 
placement of surplus and displaced employees. OPM's placement program 
only supplements these efforts and is not intended to relieve an agency 
of its responsibility to provide the maximum placement assistance 
possible.
* * * * *
    (b) Registration of eligible employees. In accordance with subpart 
H of part 351 of this chapter, agencies must inform affected employees 
about the Interagency Placement Program at the same time that 
Certifications of Excepted Separation or specific reduction in force 
notices are distributed. Employees who receive a Certification of 
Expected Separation may register up to 6 months prior to separation. 
Agencies are responsible for assisting employees with their 
registration forms, for completing the information requested on the 
forms, for ensuring employees meet the minimum qualification 
requirements for the position(s) registered, and for sending them to 
the appropriate office as instructed by OPM.
    (c) Consideration of individuals referred. Agencies will give full 
consideration to individuals referred through OPM's Interagency 
Placement Program. Full consideration is a careful and open review of 
the qualifications of the registrant as described in the individual's 
application forms, contact to determine interest and availability, and 
an interview; if possible, to further assess the registrant's ability 
to perform the duties of the position within a reasonable period of 
time. An appointing officer may not pass over an IPP eligible to select 
a non-IPP eligible unless an objection to the IPP eligible is sustained 
by OPM or an agency with delegated authority.

Subpart D--Positions Restricted to Preference Eligibles

    8. In subpart D, Sec. 330.404 is revised to read as follows:


Sec. 330.404  Displacement of preference eligibles occupying restricted 
positions in contracting out situations.

    OPM and agencies have certain obligations toward preference 
eligibles occupying restricted positions when a decision is made to 
contract out a Government-performed commercial activity in accordance 
with the Office of Management and Budget (OMB) Circular A-76. (Copies 
of the OMB circular are available from Executive Office of the 
President, Office of Management and Budget, Publications Office, 725 
17th Street, NW., Room 220, New Executive Office Building, Washington, 
DC 20503.) Preference eligibles are entitled to additional placement 
assistance through the Interagency Placement Program. These preference 
eligibles must:
    (a) Be occupying restricted positions as designated in 5 U.S.C. 
3310 and Sec. 330.401;
    (b) Be in the competitive service (in tenure I or II); and
    (c) Meet the eligibility requirements of the IPP which are 
described in subpart C of this part.
    9. In Sec. 330.405, paragraph (c) is revised to read as follows:


Sec. 330.405  Agency placement assistance.

* * * * *
    (c) Notifying preference eligibles of the right to register in the 
IPP at least 60 days before the effective date of separation.
* * * * *
    10. In Sec. 430.406, paragraphs (c) and (e) are revised to read as 
follows:


Sec. 330.406  OPM placement assistance.

* * * * *
    (c) Assuring that all agencies that have vacancies to fill through 
the competitive examining process give full consideration to adversely 
affected preference eligibles registered in the IPP.
* * * * *
    (e) Monitoring this placement assistance through IPP procedures.
    11. Section 330.407 is revised to read as follows:


Sec. 330.407  Duration of eligibility for assistance.

    Adversely affected preference eligibles may remain in the IPP for 1 
year after their normal IPP eligibility expires with placement 
assistance renewable in 6 month increments by the registered employee. 
Eligibility may, however, be terminated earlier in accordance with 
other IPP procedures.


Sec. 330.801  [Amended]

    12. In Sec. 330.801, paragraph (c) is amended by removing the 
semicolon and the word ``and'' at the end of the paragraph and 
inserting a period in their place and paragraph (d) is removed.

PART 332--RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION

    13. The authority citation for part 332 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-58 
Comp., p. 218.

Subpart C--Period of Competition and Eligibility

    14. In subpart C, Sec. 332.314 is revised to read as follows:


Sec. 332.314  Displaced employees eligible for placement assistance.

    Subject to the time limits and other conditions published by OPM, a 
person who is eligible for placement assistance through the Interagency 
Placement Program described in subpart C of part 330 of this chapter is 
entitled to file applications for competitive examinations after the 
closing date for receipt of applications when there is an existing 
register or a register is about to be established. Applications may be 
filed at any grade or level above the position from which the person is 
about to be or was displaced, for which such person is qualified.

PART 351--REDUCTION IN FORCE

    15. The authority citation for part 351 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3502, 3503, Sec. 351.801 also issued 
under E.O. 12828, 58 FR 2965.

    16. In Sec. 351.803, paragraph (a) is revised to read as follows:


Sec. 351.803  Notice of eligibility for reemployment and other 
placement assistance.

    (a) An employee who receives a specific notice of separation under 
this part must be given information concerning the right to 
reemployment consideration under subparts B (Reemployment Priority 
List) and C (Interagency Placement Program) of part 330 of this 
chapter. The employee also must be given information concerning how to 
apply for unemployment insurance through his or her appropriate State 
program. This information must be provided either in or with the 
specific reduction in force notice or as a separate supplemental notice 
to the employee.
    15. Section 351.807 is added to read as follows:


Sec. 351.807  Certification of Expected Separation.

    (a) For the purpose of enabling otherwise eligible employees to be 
considered for eligibility to participate in dislocated workers 
programs under the Job Training Partnership Act administered by the 
U.S. Department of Labor, an agency may issue a Certificate of Expected 
Separation to a competing employee who the agency believes, with a 
reasonable degree of certainty, will be separated from Federal 
employment by reduction in force procedures under this part. A 
certification may be issued up to 6 months prior to the effective date 
of the reduction in force.
    (b) This certification may be issued to a competing employee only 
when the agency determines:
    (1) There is a good likelihood the employee will be separated under 
this part;
    (2) Employment opportunities in the same or similar position in the 
local commuting area are limited or nonexistent;
    (3) Placement opportunities within the employee's own or other 
Federal agencies in the local commuting area are limited or 
nonexistent; and
    (4) If eligible for optional retirement, the employee has not filed 
a retirement application or otherwise indicated in writing an intent to 
retire.
    (c) A certification is to be addressed to each individual eligible 
employee and must be signed by an appropriate agency official. A 
certification must contain the expected date of reduction in force, a 
statement that each factor in paragraph (b) of this section has been 
satisfied, and a description of Job Training Partnership Act programs, 
the Interagency Placement Program, and the Reemployment Priority List.
    (d) A certification may not be used to satisfy any of the notice 
requirements elsewhere in this subpart.
    (e) An agency determination of eligibility for certification may 
not be appealed to OPM or the Merit Systems Protection Board.
    (f) An agency also may enroll eligible employees in the Interagency 
Placement Program and the Reemployment Priority List up to 6 months in 
advance of a reduction in force. For requirements and criteria for 
these programs, see subparts B and C of part 330 of this chapter.

[FR Doc. 94-15481 Filed 6-24-94; 8:45 am]
BILLING CODE 6325-01-M