[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Rules and Regulations]
[Pages 67281-67286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31382]
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Rules and Regulations
Federal Register
________________________________________________________________________
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Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 /
Rules and Regulations
[[Page 67281]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 330
RIN 3206-AH26
Career Transition Assistance for Surplus and Displaced Federal
Employees
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing interim
regulations to implement the President's memorandum of September 12,
1995, that requires Federal agencies to develop career transition
assistance programs to help their employees affected by downsizing
obtain other employment. The regulations require agencies to provide
transition assistance services and give hiring priority to surplus and
displaced employees.
DATES: Interim regulations are effective on December 29, 1995. Agencies
will draft and effect their Agency Career Transition Assistance Plan,
including provisions to give selection priority to their surplus and
displaced employees, as soon as possible, but no later than February
29, 1996, unless an extension is requested and approved by OPM. A new
program providing selection priority for displaced employees on an
interagency basis--the Interagency Career Transition Assistance Plan--
will go into effect on February 29, 1996, at which time the operation
of the current OPM Interagency Placement Program will be suspended.
These special plans will operate through September 30, 1999, unless
further extended because of severe downsizing. Written comments will be
considered if received no later than February 27, 1996.
ADDRESSES: Send or deliver written comments to Leonard R. Klein,
Associate Director for Employment, Office of Personnel Management, Room
6F08, 1900 E Street NW., Washington, DC 20415-0001.
FOR FURTHER INFORMATION CONTACT:
Diane Bohling or Ed McHugh, 202-606-0960, FAX 202-606-2329.
SUPPLEMENTARY INFORMATION: On September 12, 1995, the President issued
a memorandum entitled ``Career Transition Assistance for Federal
Employees'' that directs Federal agencies to establish career
transition assistance programs to help their surplus and displaced
workers find other jobs as the Federal Government undergoes downsizing
and restructuring. As set forth in the memorandum, such programs are to
be developed in partnership with labor and management, and follow
guidance and regulations provided by the Office of Personnel Management
(OPM).
OPM is issuing the following regulations which were developed in
cooperation with representatives from the Interagency Advisory Group
and employee unions. These regulations provide the framework for
implementing the President's directive.
The goal of the Presidential directive is to maximize employment
opportunities for displaced workers, both within and outside the
Federal Government. Under these regulations, Federal agencies are
required to draft and effect Agency Career Transition Assistance Plans
as soon as possible, but no later than February 29, 1996 (unless an
extension is requested and approved by OPM) to provide career
transition services to their surplus and displaced employees, and give
special selection priority to these workers. These regulations set
minimum standards for these plans, which can be supplemented at the
agency's discretion.
Agency plans will have three components: (1) Policies to provide
their surplus and displaced employees with career transition services
such as skills assessment, resume preparation, counselling and job
search assistance; (2) policies and procedures for selecting their own
well-qualified surplus or displaced agency employees who apply for
agency vacancies in the local commuting area, before any other
candidate from within or outside the agency; and (3) operation of the
agency's Reemployment Priority List (RPL) under subpart B of 5 CFR 330.
These plans will operate through September 30, 1999, unless further
extended because of severe downsizing. Because the Department of
Defense already has an effective program in operation to provide
selection priority to surplus and displaced employees within the
Department--the Priority Placement Program--the requirement described
in 2 above does not apply to the Department of Defense. The Department
of Defense is subject to the other elements of these regulations, and
the Reemployment Priority List under Subpart B of 5 CFR 330, and its
employees are eligible for the benefits provided by these programs.
Traditionally, the Federal Government has relied on referrals from
centralized inventories as the mechanism to place surplus and displaced
workers in jobs in other agencies. Although the program currently used
to do this, the OPM Interagency Placement Program, is automated and
provides quick and efficient referrals, it has placed very few workers.
An OPM review of the system shows that candidates frequently decline
job offers that come through the referral process or simply do not
respond to job availability inquiries even though they had previously
registered for such assistance. Many other displaced workers simply
fail to register for the program.
Because of the severe downsizing expected over the next few years,
the Presidential memorandum and these implementing regulations take a
new approach to helping surplus and displaced workers find other jobs--
individual employee empowerment. Workers affected by downsizing are
given the tools and resources to seek out other Federal employment and
the right to be hired when they apply and are well-qualified. Many
experts have suggested that the key to successful career transition is
individual initiative. If individual workers have the power to find,
apply, and exercise selection priority for specific vacancies in which
they themselves are interested, it is believed that this would motivate
and reinforce an employee's self interest in finding other employment.
The skills, resources, and initiative that employees develop in this
process can be used equally to find Federal vacancies or jobs in the
private sector. This latter aspect is particularly important since
Federal
[[Page 67282]]
hiring is expected to be very limited in the foreseeable future.
During the expected period of severe downsizing, these regulations
may restrict the flexibility that agencies have to hire candidates.
Current statutory requirements, which include providing hiring
preference to veterans, are not affected by these regulations. The
regulations also do not affect existing collective bargaining
agreements. The parties to such agreements, however, are free to
renegotiate those provisions that may be affected. When current
agreements expire, new agreements must adhere to these regulations.
With the switch to the individual employee empowerment concept
contained in these regulations, the Interagency Placement Program (IPP)
is being suspended. Employees who are enrolled in the IPP at the time
of its suspension (February 29, 1996) will be eligible for the
Interagency Career Transition Assistance Plan (ICTAP), and will be
notified of their rights and benefits under the new program. The new
regulations also provide ICTAP eligibility to several other categories
of employees who were formerly eligible for the Interagency Placement
Program including employees separated because of a compensable injury
whose compensation is subsequently terminated, disability retirees
whose disability annuity has been terminated, certain Military Reserve
and National Guard technicians who become eligible for a special
disability annuity, and employees who were separated because they
declined a transfer of function or directed reassignment to another
commuting area. As a result, former subparts G and H which provided
placement eligibility for these special categories of employees have
been merged into the revised subpart G which is set forth in these
regulations.
OPM will monitor Agency and Interagency Career Transition
Assistance Plans, and will prepare periodic progress reports. OPM will
make every effort to obtain data from agencies through the existing
Central Personnel Data File. To assist agencies and employees in
implementing Career Transition Assistance Plans, OPM's Workforce
Restructuring Office has set up a clearinghouse containing both private
sector and Federal career transition materials (call 202-606-0960 for
additional information) and a special forum on OPM's MAINSTREET
computer-based bulletin board to provide information and handle
inquiries about the new regulations (with modem dial 202-606-4800 and
select the Career Transition forum). OPM also has a cadre of
experienced career transition specialists available for on-site
assistance. Comprehensive information on worldwide Federal job
opportunities is available from OPM by phone (912-757-3000; 912-744-
2299 for TDD) or electronic bulletin board (912-757-3100).
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 waive
the delay in the effective date and 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 Federal employees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 330
Armed forces reserves, Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending part 330 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.
2. Section 330.301 is revised to read as follows:
Sec. 330.301 Coverage.
(a) This subpart covers the Interagency Placement Program for
employees who will be displaced or who 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 and displaced employees, and for
administering career transition assistance programs. OPM supplements
these agency efforts by administering the Interagency Placement Program
which gives surplus or displaced employees priority referral to
positions in other agencies.
(b) The applicability of this subpart is suspended from February
29, 1996 through September 30, 1999. In the interim, placement
assistance will be provided in accordance with subparts B, F, and G of
this part. OPM may extend this date if it determines that the Federal
Government is still experiencing an emergency downsizing situation.
3. Subpart F is redesignated as subpart J and a new subpart F is
added to read as follows:
Subpart F--Agency Career Transition Assistance Plans (CTAP) for
Local Surplus and Displaced Employees
Sec.
330.601 Purpose.
330.602 Agency plans.
330.603 Duration.
330.604 Definitions.
330.605 Eligibility.
330.606 Order of selection for filing vacancies from within the
agency.
330.607 Agency notification responsibilities.
330.608 Application and selection.
330.609 Qualification reviews.
330.610 Reporting.
330.611 Oversight.
Authority: Presidential memorandum dated September 12, 1995,
entitled ``Career Transition Assistance for Federal Employees''.
Sec. 330.601 Purpose.
(a) This subpart implements the President's memorandum of September
12, 1995, to establish agency career transition assistance plans for
Federal employees during a period of severe Federal downsizing. It is
the policy of the United States Government to provide services to help
surplus and displaced Federal employees take charge of their own
careers and find other job offers, either within the Federal Government
or in the private sector.
(b) The regulations in this subpart set forth minimum criteria for
agency career transition assistance plans. Consistent with the
regulations, agencies may supplement these provisions to expand
[[Page 67283]]
career transition opportunities to their surplus and displaced workers
at their discretion.
(c) Sections 330.602(a)(2) and 330.604 through 330.609 do not apply
to the Department of Defense Priority Placement Program.
(d) The provisions in this subpart do not alter any existing
negotiated agreements in effect as of December 29, 1995. New agreements
will be subject to the provisions set forth in this part.
Sec. 330.602 Agency plans.
(a) Each agency will establish a career transition assistance plan
(CTAP) to actively assist its surplus and displaced employees make
effective transitions to other employment. Agencies will draft and
effect their plans by February 29, 1996, unless an extension is
requested and approved by OPM. A copy of the draft plan and any
additional modified plans will be sent to OPM as approved by the
agency/department head or deputy or undersecretary. An agency plan will
include:
(1) Policies to provide career transition services to all surplus
and displaced agency employees, including those in the excepted service
and Senior Executive Service, which address the following:
(i) Types of career transition services to be provided by the
agency;
(ii) Use of excused absence for employees to use the services and
facilities;
(iii) Employee use of services or facilities after separation;
(iv) Training to be provided to employees, managers, supervisors,
and union representatives on the use of services;
(v) Retraining to be provided to employees;
(vi) Access to services by employees, including those in field
offices and remote sites and those with disabilities;
(vii) Availability of resource information on other forms of
Federal, state, and local assistance which are available to support
career transition for employees with disabilities; and
(viii) Role of employee assistance programs in providing services;
(2) Policies to provide special selection priority to well-
qualified surplus or displaced agency employees who apply for agency
vacancies in the local commuting area, before selecting any other
candidate from either within or outside the agency, and agency
procedures for reviewing qualification issues;
(3) Operation of the agency's Reemployment Priority-List under
subpart B of 5 CFR part 330.
(b) To the extent practicable, agency CTAPs shall be developed in
partnership with management and employees' union representatives.
Sec. 330.603 Duration.
This subpart will expire on September 30, 1999, unless the Office
of Personnel Management extends the program based on its determination
that the Federal Government is still experiencing an emergency
downsizing situation.
Sec. 330.604 Definitions.
For purposes of this subpart:
(a) Agency means an Executive Department, a Government corporation,
and an independent establishment as cited in 5 U.S.C. 105.
(b) Displaced employee means a current agency employee serving
under an appointment in the competitive service, in tenure group I or
II, who has received a specific reduction in force (RIF) separation
notice.
(c) Eligible employee means a surplus or displaced employee who
meets the conditions set forth in Sec. 330.605(a).
(d) Local commuting area means the geographic area that usually
constitutes one area for employment purposes as determined by the
agency. It includes any population center (or two or more neighboring
ones) and the surrounding localities in which people live and can
reasonably be expected to travel back and forth daily to their usual
employment.
(e) Special selection priority means the priority that eligible
employees have for selection to vacancies over any other candidate.
(f) Surplus employee means a current agency employee serving under
an appointment in the competitive service, in tenure group I or II, who
has received a Certification of Expected Separation or other
certification issued by the agency which identifies the employee as
being in a surplus organization or occupation.
(g) Vacancy means a competitive service position lasting 90 days or
more, including extensions, which the agency is filling, regardless of
whether the agency issues a specific vacancy announcement.
(h) Well-qualified employee means an eligible employee who
satisfies the criteria in either paragraphs (h)(1) or (h)(2) of this
section as determined and consistently applied by the agency:
(1)(i) Meets the qualification standard and eligibility
requirements for the position, including any medical qualifications,
and minimum educational and experience requirements;
(ii) Meets all selective factors where applicable. Meets
appropriate quality rating factor levels as determined by the agency.
Selective and quality ranking factors cannot be so restrictive that
they run counter to the goal of placing displaced employees. In the
absence of selective and quality ranking factors, selecting officials
will document the job-related reason(s) the eligible employee is or is
not considered to be well qualified;
(iii) Is physically qualified, with reasonable accommodation where
appropriate, to perform the essential duties of the position;
(iv) Meets any special qualifying condition(s) that OPM has
approved for the position; and
(v) Is able to satisfactorily perform the duties of the position
upon entry; or
(2) Is rated by the agency to be above minimally qualified
candidates in accordance with the agency's specific selection process.
Sec. 330.605 Eligibility.
(a) To be eligible for the special selection priority, an
individual must meet all of the following conditions:
(1) Is a surplus or displaced employee as defined in
Sec. 330.604(b) and (f);
(2) Has a current performance rating of record of at least fully
successful or equivalent;
(3) Applies for a vacancy that is at or below the grade level from
which the employee may be or is being separated, that does not have a
greater promotion potential than the position from which the employee
may be or is being separated;
(4) Occupies a position in the same local commuting area of the
vacancy;
(5) Files an application for a specific vacancy within the
timeframes established by the agency; and
(6) Is determined by the agency to be well-qualified for the
specific vacancy.
(b) Eligibility for special selection priority begins on the date
the agency issues the RIF separation notice, Certification of Expected
Separation, or other certification identifying the employee as being in
a surplus organization or occupation, whichever is earliest.
(c) Eligibility expires on the earliest of:
(1) The RIF separation date;
(2) Cancellation of the RIF separation notice, Certification of
Expected Separation, or other certification identifying the employee as
surplus; or
(3) When an eligible employee receives a career, career-
conditional, or excepted appointment without time limit in any agency.
Sec. 330.606 Order of selection for filling vacancies from within the
agency.
(a) Except as provided in paragraph (b) of this section, when
filling a vacancy, an agency must select an
[[Page 67284]]
employee eligible under its Career Transition Assistance Plan before
selecting any other candidate from within or outside the agency, unless
doing so would cause another employee to be separated by reduction in
force.
(b) The following actions are not covered under this subpart:
(1) Placement of an agency employee through reassignment, change to
lower grade, or promotion, when no employees eligible under this
subpart apply;
(2) Reemployment of a former agency employee exercising regulatory
or statutory reemployment rights;
(3) Position changes resulting from reclassification actions;
(4) Temporary appointments of under 90 days (including extensions);
(5) Exchange of positions between or among agency employees, when
the actions involve no increase in grade or promotion potential;
(6) Conversion of an employee on an excepted appointment which
confers eligibility for noncompetitive conversion into the competitive
service;
(7) Placement activities under part 351 of this chapter;
(8) Placement of an employee into a new position as a result of a
reorganization, when the former position ceases to exist, and no actual
vacancy results;
(9) Placements made under the Intergovernmental Personnel Act (IPA)
as provided in part 334 of this chapter where they are for critical
situations where the failure to make the assignment would substantially
harm Federal interests, such as providing training for State takeover
of a Federal program;
(10) The filling of a position through an excepted appointment;
(11) Details;
(12) Time-limited promotions of under 90 days;
(13) Noncompetitive movement of surplus or displaced employees;
(14) Movement of excepted service employees within an agency;
(15) A placement under 5 U.S.C. 8337 or 8451 to allow continued
employment of an employee who has become unable to provide useful and
efficient service in his or her current position because of a medical
condition;
(16) A placement that is a ``reasonable offer'' as defined in 5
U.S.C. 8336(d) AND 8414(b);
(17) Career ladder promotions; and
(18) Recall of seasonal employees from nonpay status.
Sec. 330.607 Agency notification responsibilities.
(a) At the time it issues a specific RIF separation notice,
Certification of Expected Separation, or other certification that
identifies an employee as being likely to be separated by RIF, an
agency must give each of its eligible employees information about the
special selection priority available to them under the agency's Career
Transition Assistance Plan.
(b) Agencies must take reasonable steps to ensure eligible
employees are notified of all vacancies the agency is filling and what
is required for them to be determined as well-qualified for the
vacancies.
Sec. 330.608 Application and selection.
(a) Application. (1) To receive this special selection priority, an
eligible employee must apply for a specific agency vacancy in the same
local commuting area as the position the employee occupies within the
prescribed time frames, attach the appropriate proof of eligibility as
described in paragraph (a)(2) of the section, and be determined well-
qualified by the agency for the specific vacancy.
(2) Proof of eligibility. Employees may submit the following as
proof of eligibility for the special selection priority:
(i) RIF separation notice;
(ii) Certification of Expected Separation; or
(iii) Other agency certification identifying the employee as being
in a surplus organization or occupation.
(b) Selection. An agency may decide the specific order of selection
of its eligible employees within the provisions set forth in
Sec. 330.606(a) (e.g., the agency may decide to select displaced
employees before surplus employees or may select surplus and/or
displaced employees from within a particular component of the agency
before selecting surplus and/or displaced employees from another
component of the agency).
(c) An agency cannot select any other candidates from within or
outside the agency if eligible agency employees are available for the
vacancy or vacancies.
(d) If two or more eligible employees apply for a vacancy and are
determined to be well-qualified, any of these eligible employees may be
selected.
(e) If no eligible employees apply or none is deemed well-
qualified, the agency may select another agency employee without regard
to this subpart.
Sec. 330.609 Qualification reviews.
Agencies will ensure that a documented review is conducted when-
ever an otherwise eligible employee is determined to be not well-
qualified.
Sec. 330.610 Reporting.
(a) Each agency shall submit an annual report covering each fiscal
year activity under this subpart to OPM no later than December 31 of
each year, beginning December 31, 1996.
(b) Each report will include the following:
(1) Number of employees identified by the agency as surplus and
displaced during that fiscal year;
(2) Number of selections of eligible employees under the agency
CTAP, or in the case of the Department of Defense, under its Priority
Placement Program; and
(3) The name, title, and telephone number of the agency official
responsible for the report.
(c) Reports should be addressed to: U.S. Office of Personnel
Management, Workforce Restructuring Office, Employment Service, Room
6504, Washington, DC 20415.
Sec. 330.611 Oversight.
OPM provides advice and assistance to agencies in implementing
their Career Transition Assistance Programs. OPM is also responsible
for oversight of agency CTAPs and may conduct reviews of the plans at
any time.
4. Subpart H is removed and reserved and subpart G is revised to
read as follows:
Subpart G--Interagency Career Transition Assistance Plan for Displaced
Employees
Sec.
330.701 Purpose
330.702 Duration.
330.703 Definitions.
330.704 Eligibility.
330.705 Order of selection in filling vacancies from outside the
agency's workforce.
330.706 Agency notification requirements.
330.707 Application and selection.
330.708 Qualification reviews.
330.709 Reporting.
330.710 Oversight.
Authority: Presidential memorandum dated September 12, 1995,
entitled ``Career Transition Assistance for Federal Employees''.
Subpart G--Interagency Career Transition Assistance Plan for Displaced
Employees
Sec. 330.701 Purpose.
(a) This subpart implements the President's memorandum of September
12, 1995, to establish a special interagency career transition
assistance program for Federal employees during a period of severe
Federal downsizing.
(b) This subpart is effective February 29, 1996.
(c) Nothing in this subpart negates an agency's responsibilities
for reemploying displaced employees as defined in Sec. 330.703(b).
[[Page 67285]]
(d) The provisions of the Reemployment Priority List (RPL) set
forth in subpart B of this part will remain in effect during the period
of severe Federal downsizing. When an agency considers candidates from
outside the agency for vacancies, registrants in an agency's RPL have
priority for selection over employees eligible under this subpart in
accordance with Sec. 330.705.
Sec. 330.702 Duration.
This subpart will expire on September 30, 1999, unless the Office
of Personnel Management extends the program based on its determination
that the Federal Government is still experiencing an emergency
downsizing situation.
Sec. 330.703 Definitions.
For the purposes of this subpart:
(a) Agency has the meaning given in Sec. 330.604(a).
(b) Displaced employee means:
(1) A current or former career or career-conditional competitive
service employee, in tenure group I or II, who has received a specific
RIF separation notice;
(2) A former career or career-conditional employee who was
separated because of a compensable injury as provided under the
provisions of subchapter I of chapter 81 of title 5, United States
Code, whose compensation has been terminated and whose former agency is
unable to place the individual as required by part 353;
(3) A former career or career-conditional competitive service
employee, in tenure group I or II, who retired with a disability under
sections 8337 or 8451 of title 5, United States Code, whose disability
annuity has been or is being terminated;
(4) A former career or career-conditional competitive service
employee, in tenure group I or II, in receipt of a RIF separation
notice who retired on the effective date of the reduction in force or
under the discontinued service retirement option;
(5) A former career or career-conditional competitive service
employee, in tenure group I or II, who is separated because he/she
declined a transfer of function or directed reassignment to another
commuting area; and
(6) A former Military Reserve Technician or National Guard
Technician who is receiving a special disability retirement annuity
from OPM under section 8337(h) or 8456 of title 5, United States Code.
(c) Eligible employee means a displaced employee who meets the
conditions set forth in Sec. 330.704(a).
(d) Local commuting area has the meaning given in Sec. 330.604(d)
of subpart F.
(e) Special selection priority has the meaning given in
Sec. 330.604(e) of subpart F.
(f) Vacancy has the meaning given in Sec. 330.604(g) of subpart F.
(g) Well-qualified employee has the meaning given in
Sec. 330.604(h) of subpart F.
Sec. 330.704 Eligibility.
(a) To be eligible for the special selection priority, an
individual must meet all of the following conditions:
(1) Is a displaced employee as defined in Sec. 330.703(b).
(2) Has a current (or a last) performance rating of record of at
least fully successful or equivalent (except for those eligible under
Sec. 330.703 (b)(2), (b)(3), and (b)(6));
(3) Applies for a vacancy at or below the grade level from which
the employee has been or is being separated, that does not have a
greater promotion potential than the position from which the employee
has been or is being separated;
(4) Occupies or was displaced from a position in the same local
commuting area of the vacancy;
(5) Files an application for a specific vacancy within the
timeframes established by the agency; and
(6) Is determined by the agency to be well-qualified for the
specific position.
(b) Eligibility for special selection priority begins:
(1) On the date the agency issues the RIF separation notice;
(2) On the date an agency certifies that it can not place an
employee eligible under Sec. 330.703(b)(2);
(3) On the date an employee eligible under Sec. 330.703(b)(3) is
notified that his or her disability annuity has been or is being
terminated;
(4) On the date an employee under Sec. 330.703(b)(5) declines the
transfer of function or reassignment outside the commuting area; or
(5) On the date the National Guard Bureau or Military Department
certifies that an employee under Sec. 330.703(b)(6) has retired under 5
U.S.C. 8337(h) or 8456.
(c) Eligibility expires:
(1) 1 year after separation, except for those employees separated
on or after September 12, 1995, and prior to February 29, 1996. For
these employees, eligibility expires February 28, 1997;
(2) February 28, 1997, for those candidates who were registered in
OPM's Interagency Placement Program (IPP) on or before February 15,
1996 and received a letter from OPM informing them of the demise of the
IPP;
(3) 1 year after an agency certifies that an individual under
Sec. 330.703(b)(2) cannot be placed;
(4) 1 year after an individual under Sec. 330.703(b)(3) receives
notification that his/her disability annuity has been or will be
terminated;
(5) When the employee receives a career, career-conditional, or
excepted appointment without time limit in any agency;
(6) When the employee no longer meets the eligibility requirements
set forth in paragraph (a) of this section (e.g., the employee is no
longer being separated by RIF or separates by resignation or non-
discontinued service retirement prior to the RIF effective date); or
(7) With a specific agency, upon declination of an official offer
to the employee by that agency.
Sec. 330.705 Order of selection in filling vacancies from outside the
agency's workforce.
(a) Except as provided in paragraph (c) of this section, when
filling a vacancy from outside the agency's workforce an agency must
select:
(1) Current or former agency employees eligible under the agency's
Reemployment Priority List described in subpart B, then;
(2) At the agency's option, any other former employee displaced
from the agency (under appropriate selection procedures), then;
(3) Current or former Federal employees displaced from other
agencies eligible under this subpart; and then
(4) Any other candidate (under appropriate selection procedures)
(optional).
(b) The following actions are subject to this order of selection
and are covered under this subpart:
(1) Competitive appointments (e.g., from registers and direct-
hire);
(2) Noncompetitive appointments (e.g., the types listed in part
315, subpart F, of this chapter);
(3) Movement between agencies (e.g., transfer), except as provided
for in paragraph (b)(9) of this section or part 351 of this chapter;
(4) Reinstatements (except as provided for in paragraph (a)(2) of
this section); and
(5) Time-limited appointments of 90 days or more to the competitive
service.
(c) The following actions are not covered under this subpart:
(1) Selections from an agency's internal Career Transition
Assistance Plan or Reemployment Priority List as described in subparts
F and B of this part respectively or any other internal
[[Page 67286]]
agency movement of current agency employees;
(2) Appointments of 10 point veterans;
(3) Reemployment of former agency employees who have regulatory or
statutory reemployment rights;
(4) Temporary appointments of under 90 days (including extensions);
(5) An action taken under part 351 of this chapter;
(6) The filling of a position by an excepted appointment;
(7) Conversions of employees on excepted appointments that confer
eligibility for noncompetitive conversion into the competitive service;
and
(8) Noncompetitive movement of displaced employees between agencies
or employees moved as a result of reorganization or transfer of
function.
(9) Placement of injured workers receiving workers' compensation
benefits.
Sec. 330.706 Agency notification requirements.
(a) At the time it issues specific RIF separation notices, an
agency must give its employees information about their eligibility for
the special interagency selection priority.
(b) Agencies are required to report all vacancies to OPM when
accepting applications from outside the agency (including applications
for temporary positions lasting 90 or more days).
(c) In addition, agencies shall provide OPM an electronic file of
complete vacancy announcements or recruiting bulletins for all
positions reported.
(d) Content. Notice to OPM of job announcements must include the
position title, tenure, location, pay plan and grade (or pay rate) of
the vacant position; application deadline; and other information
specified by OPM. In addition, agencies are required to provide OPM
with an electronic file of the complete vacancy announcement or
recruiting bulletin, which must include the qualifications required,
equal opportunity provisions and, when applicable, veterans' preference
provisions.
Sec. 330.707 Application and selection.
(a) Application. (1) To receive this special selection priority,
eligible employees must apply directly to agencies for specific
vacancies in the local commuting area within the prescribed time
frames, attach the appropriate proof of eligibility as described in
paragraph (a)(2) of this section, and be determined well-qualified by
the agency for the specific position.
(2) Proof of eligibility. Employees may submit the following as
proof of eligibility for the special selection priority:
(i) RIF separation notice;
(ii) Documentation showing that they were separated as a result of
declining a transfer of function or directed reassignment to another
commuting area;
(iii) Official certification from an agency stating that its agency
cannot place an individual whose injury compensation has been or is
being terminated;
(iv) Official notification from OPM that an individual's disability
annuity has been or is being terminated; or
(v) Official notification from the Military Department or National
Guard Bureau that the employee has retired under 5 U.S.C. 8337(h) or
8456.
(b) Selection. In making selections, an agency will adhere to the
overall order of selection set forth in Sec. 330.705. In addition, the
following apply:
(1) An agency cannot select another candidate from outside the
agency if eligible employees are available for the vacancy or
vacancies.
(2) If two or more eligible employees apply for a vacancy and are
determined to be well-qualified, any of these eligible employees may be
selected.
(3) If no eligible employees apply or none is deemed well-
qualified, the agency may select another candidate without regard to
this subpart. (This flexibility does not apply to selections made from
the agency's Reemployment Priority List as described in subpart B of
this part.)
(c) An agency may select a candidate from its Career Transition
Assistance Plan or Reemployment Priority List, as described in subparts
F and B of this part respectively, or another current agency employee
(if no eligible employees are available through its CTAP or RPL) at any
time.
Sec. 330.708 Qualification reviews.
Agencies will ensure that a documented review is conducted whenever
otherwise eligible employees are found to be not well-qualified.
Sec. 330.709 Reporting.
(a) Each agency shall submit an annual report covering each fiscal
year activity under this subpart to OPM no later than December 31 of
each year, beginning December 31, 1996.
(b) Each report will include data specified in Sec. 330.610 of
subpart F, and will also include information on:
(1) The number of eligible employees determined to be not well-
qualified;
(2) The number of selections of eligible employees from other
Federal agencies;
(3) The number of selections of other employees from other Federal
agencies who are not displaced; and
(4) The number of selections from outside the Federal Government.
Sec. 330.710 Oversight.
OPM is responsible for oversight of the Interagency Career
Transition Assistance Plan for Local Displaced Employees and may
conduct reviews of agency activity at any time.
[FR Doc. 95-31382 Filed 12-28-95; 8:45 am]
BILLING CODE 6325-01-M