[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Rules and Regulations]
[Pages 47829-47830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19765]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 151 / Friday, August 4, 2000 / Rules 
and Regulations  

[[Page 47829]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 330

RIN 3206-AI39


Career Transition Assistance for Surplus and Displaced Federal 
Employees

AGENCY: U.S. Office of Personnel Management.

ACTION: Final regulation.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing final 
regulations on the current career transition assistance programs. These 
programs assist Federal employees displaced from their jobs by 
downsizing. These programs began in 1995 as a temporary replacement for 
the Interagency Placement Program, with a planned sunset date of 
September 30, 1999. Interim regulations published July 27, 1999, 
extended the sunset date for an additional 2 years. These final 
regulations address comments submitted on the interim regulations.

DATES: This regulation is effective on September 5, 2000.

FOR FURTHER INFORMATION CONTACT: Jacqueline Yeatman on (202) 606-0960, 
FAX (202) 606-2329, TDD (202) 606-0023, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 27, 1999, OPM published interim regulations with a request 
for comment on the government's career transition assistance programs 
in 5 CFR part 330. These regulations extended the Career Transition 
Assistance Plan (CTAP) and the Interagency Career Transition Assistance 
Plan (ICTAP) until September 30, 2001. The regulations also made some 
technical changes and clarifications.
    Four agencies and one union commented on the interim regulations. 
All supported OPM's extension of these programs in light of their 
successful placement rates.
    One agency stated its desire to move employees from one component 
to another, or to jobs in the same component located in a different 
commuting area, without checking for CTAP eligibles. We understand the 
concerns agencies have with this requirement. However, this was not 
part of the interim regulation as published--it would constitute a 
major change in the program, and the interim regulations included only 
minor technical changes and clarifications. Reassignments within a 
component and commuting area continue to be exempt from the CTAP 
requirements.
    One agency asked for clarification on how the ICTAP exception in 
Sec. 330.705(c)(19) relates to Sec. 330.708(b) on selection. The 
exception in Sec. 330.705(c)(19) allows an agency to select an ICTAP 
eligible at any time with or without announcing the vacancy. However, 
if the vacancy is announced and more than one well-qualified ICTAP 
eligible applies, then the agency is free to select any of them. 
Another agency commented that the term ``reassignment'' should be 
deleted from this paragraph. Since these eligibles would only be 
appointed through a transfer or reinstatement action, we agree that the 
word ``reassignment'' is unnecessary and have deleted it.
    One agency recommended that we eliminate the requirement for a 
second review when an ICTAP eligible fails to meet the well-qualified 
requirement. The agency preferred to conduct this review only when the 
ICTAP eligible requested it. This provision was part of the final 
regulations published June 9, 1997, and no change to this provision was 
proposed in the July 27, 1999, interim regulation. Therefore, this 
provision remains unchanged.
    Another agency suggested that we further define the type of 
documentation described in Sec. 330.607(b) that the agency could use 
when they have no CTAP eligibles in a given location. We have 
considered this suggestion but feel that agencies should have the 
flexibility to use the type of documentation that best suits their 
needs.
    Finally, we discovered a typographical error in the interim 
regulation which we are correcting here. In the process of adding a 
clarifying sentence in Sec. 330.607(b), another sentence was 
accidentally deleted. We are restoring that dropped sentence here.

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 Government 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

Janice R. Lachance,
Director.

    Accordingly, the interim rule amending part 330 of title 5, Code of 
Federal Regulations, published at 64 FR 40506 on July 27, 1999, is 
adopted as final with the following changes:

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; subparts F-G also issued under Presidential 
memorandum dated September 12, 1995, entitled ``Career Transition 
Assistance for Federal Employees''; subpart H also issued under 5 
U.S.C. 8337(h) and 8457(b); subpart I also issued under 106 Stat. 
2720, 5 U.S.C. 3301 note and sec. 4432 of Pub. Law 102-484, 106 
Stat. 2315; subpart K also issued under sec. 11203 of Pub. Law 105-
33, 111 Stat. 251

Subpart F--Agency Career Transition Assistance Plans (CTAP) for 
Local Surplus and Displaced Employees

    2. In Sec. 330.607, paragraph (b) is revised to read as follows:


Sec. 330.607  Notification of surplus and displaced employees.

* * * * *

[[Page 47830]]

    (b) Agencies must take reasonable steps to ensure eligible 
employees are notified of all vacancies the agency is filling in 
locations where there are CTAP eligibles, and what is required for them 
to be determined well-qualified for the vacancies. Vacancy 
announcements within an agency must contain information on how eligible 
employees within the agency can apply, what proof of eligibility is 
required, and the agency's definition of ``well-qualified.'' If there 
are no CTAP eligibles in a local commuting area, the agency may 
document this fact as an alternative to posting the vacancy under the 
CTAP program.
* * * * *

Subpart G--Interagency Career Transition Assistance Plan for 
Displaced Employees

    3. In Sec. 330.705, paragraph (c)(19) is revised to read as 
follows:


Sec. 330.705  Order of selection in filling vacancies from outside the 
agency's workforce.

* * * * *
    (c) * * *
    (19) Transfer or reinstatement of an individual who meets the 
eligibility requirements of Sec. 330.704 to a position having promotion 
potential no greater than the potential of a position the individual 
currently holds or previously held on a permanent basis in the 
competitive service and did not lose because of performance or conduct 
reasons.
* * * * *

[FR Doc. 00-19765 Filed 8-3-00; 8:45 am]
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