[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Rules and Regulations]
[Pages 63905-63906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30531]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 238 / Tuesday, December 11, 2001 / 
Rules and Regulations  

[[Page 63905]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 302, 317, 330, 333, and 335

RIN 3206-AJ11


Reasonable Accomodation Requirements in Vacancy Announcements

AGENCY: Office of Personnel Management.

ACTION: Interim rule and request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing this 
interim regulation to require a reasonable accommodation statement in 
agency vacancy announcements. The intent of this action is to provide 
language that agencies can use or modify to inform applicants with 
disabilities that agencies offer reasonable accommodation.

DATES: These regulations are effective January 10, 2002. Comments must 
be received on or before February 11, 2002.

ADDRESSES: Send written comments to Ellen E. Tunstall, Assistant 
Director for Employment Policy, Office of Personnel Management, Room 
6500, 1900 E Street NW. Washington, DC 20415-9500.

FOR FURTHER INFORMATION CONTACT: Linda Watson (Parts 302, 330, 333, and 
335), 202-606-1252, Jacqueline Yeatman (Part 330, subpart G), 202-606-
2786; or Marcia Staten (Part 317), 202-606-1832.

SUPPLEMENTARY INFORMATION:

Background

    Reasonable accommodation is an adjustment or alteration that 
enables people with disabilities to apply for jobs, to gain access to 
the work environment, to perform job duties, or to enjoy the benefits 
and privileges of employment. Routinely, agencies provide services, 
establish active recruitment programs and use selective placement 
appointment authorities that focus on people with disabilities. Section 
501 of the Rehabilitation Act of 1973 prohibits discrimination on the 
basis of disability in Federal employment. The law requires Federal 
employers to develop and implement affirmative action programs that 
promote the hiring, placement, and advancement of people with 
disabilities. It encourages employers to hire people with disabilities 
in all grade levels and occupational series according to the 
qualifications for the job and to provide reasonable accommodation when 
appropriate.
    Executive Order 13078, dated March 13, 1998, established the 
National Task Force on Employment of Adults with Disabilities. The Task 
Force received the assignment of creating and coordinating an 
aggressive national policy to bring adults with disabilities into 
gainful employment at a rate as close as possible to that of the 
general adult population. To accomplish this the Task Force established 
a Federal Personnel Review Workgroup comprised of representatives from 
11 different Federal agencies.
    The Workgroup found that vacancy announcements and other recruiting 
materials of most Federal agencies did not include a reasonable 
accommodation statement. The Workgroup recommended that OPM and the 
Equal Employment Opportunity Commission work together in developing 
reasonable accommodation language for vacancy announcements and revise 
regulations to require all Federal agencies to include a reasonable 
accommodation statement in vacancy announcements.
    OPM issued a memorandum on March 2, 2000, instructing Federal 
agencies to include a reasonable accommodation statement on all future 
vacancy announcements. Executive Order 13164, dated July 26, 2000, 
requires Federal agencies to establish procedures for reasonable 
accommodation.
    This interim rule includes minor changes to vacancy announcements 
in the excepted service, Senior Executive Service, and competitive 
service, including temporary and term positions, covered under 5 CFR 
Parts 302, 317, 330, and 333. This interim rule includes guidance for 
including reasonable accommodation language in Federal vacancy 
announcements.
    The revision of 5 CFR Part 330, subpart G adds ``Reasonable 
accommodation statement'' to the list of items that must be included in 
all vacancy announcements published on USAJOBS as required under 5 CFR 
330.707. This change supports the requirement for specific information 
on the vacancy announcement and establishes consistency in the 
information USAJOBS provides to applicants about vacancies. OPM's 
authority to require specific items in vacancy announcements for 
competitive service positions is title 5 U.S.C. 3330.
    The revision to 5 CFR 335 updates the reference to reflect changes 
caused by the revision of 5 CFR 330, subpart G.

Recommended Reasonable Accommodation Statement

    OPM recommends use of the following language in all future job 
announcements.
    ``This agency provides reasonable accommodation to applicants with 
disabilities where appropriate. If you need a reasonable accommodation 
for any part of the application and hiring process, please notify the 
agency. Determinations on requests for reasonable accommodation will be 
made on a case-by-case basis.''

Modification of the Reasonable Accommodation Statement

    Agencies may use wording of their choice that conveys the 
availability of reasonable accommodation. The statement must not list 
any specific type of medical condition or physical impairment as 
appropriate for a reasonable accommodation request.

Processing Reasonable Accommodation Requests

    Agencies should designate an individual as a contact for reasonable 
accommodation requests. The contact must have sufficient knowledge 
about the agency's internal procedures for reasonable accommodation 
requests to prevent misinforming or frustrating the applicant with 
disabilities. OPM suggests that agencies include a general phone 
number, a TDD number, or email address for the contact.
    Pursuant to Executive Order 13164, dated July 26, 2000, agencies 
are required to develop their own procedures for processing reasonable

[[Page 63906]]

accommodation requests. These instructions should be in writing to 
provide for consistency.

Waiver of Notice of Proposed Rulemaking

    In accordance with section 553(b)(3)(B) of title 5 of the U.S. 
Code, I find that good cause exists for waiving the general notice of 
proposed rulemaking. An opportunity for public comment prior to issuing 
this rule is unnecessary and contrary to the public interest. In 
developing this regulation, OPM worked extensively with affected 
stakeholders.

Regulatory Flexibility Act

    I certify that these regulations would not have significant 
economic impact on a substantial number of small entities because they 
would only apply to Federal agencies and employees.

Executive Order 12866, Regulatory Review

    This interim rule has been reviewed by the Office of Management and 
Budget in accordance with Executive Order 12866.

List of Subjects in 5 CFR Parts 302, 317, 330, 333, and 335

    Armed forces reserves, Government employees, Individuals with 
disabilities.

U.S. Office of Personnel Management.
Kay Coles James,
Director.

    Accordingly, OPM is amending parts 302, 317, 330, 333, and 335 of 
title 5 of the Code of Federal Regulations as follows:

PART 302--EMPLOYMENT IN THE EXCEPTED SERVICE

    1. The authority citation in part 302 continues to read as follows:

    Authority: 5 U.S.C. 1302, 3301, 3302, 8151, E.O. 10577 (3 CFR 
1954-1958 Comp., p. 218); Sec. 302.105 also issued under 5 U.S.C. 
1104, Pub. L. 95-454, sec. 3(5); Sec. 302.501 also issued under 5 
U.S.C. 7701 et seq.

    2. In subpart A Sec. 302.106 is added to read as follows:

Subpart A--General Provisions


Sec. 302.106  Vacancy Announcements.

    When an agency announces a vacancy in the excepted service, the 
announcement must contain a reasonable accommodation statement that 
complies with requirements in Sec. 330.707 of subpart G of this 
chapter.

PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE

    3. The authority citation in part 317 is revised to read as 
follows:

    Authority: 5 U.S.C. 3392, 3393, 3393a, 3395, 3397, 3593, 3595 
and 3596.

    4. In Sec. 317.501, paragraph (b)(2) is revised to read as follows:

Subpart E--Career Appointments


Sec. 317.501  Recruitment and selection for initial SES career 
appointment be achieved from the brightest and most diverse pool 
possible.

* * * * *
    (b) ***
    (2) Before an agency can fill an SES vacancy by career appointment, 
it must post a vacancy announcement in USAJOBS for at least 14 calendar 
days, including the date of publication. Each agency's SES vacancy 
announcement must comply with criteria in Sec. 330.707 of subpart G of 
this chapter.
* * * * *

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

    5. The authority citation for part 330 is revised to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302, 3327 and 3330; E.O. 10577, 
3 CFR 1954-58 Comp., p.218.
    Section 330.102 also issued under 5 U.S.C. 3327.
    Subpart B also issued under 5 U.S.C. 3315 and 8151.
    Section 330.401 also issued under 5 U.S.C. 3310.
    Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b).
    Subpart K also issued under sec. 11203 of Pub. L. 105-33, 111 
Stat. 738 and Pub. L. 105-274, 112 Stat. 2424.
    Subpart L also issued under sec.1232 of Pub. L. 96-70, 93 Stat. 
452.

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

    6. In Sec. 330.707, paragraph (b)(14) is added to read as follows:


Sec. 330.707  Reporting vacancies to OPM.

* * * * *
    (b)***
    (14) Reasonable accommodation statement.
    (i) An agency may use wording of its choice that conveys the 
availability of reasonable accommodation. An agency must not list types 
of medical conditions or impairments as appropriate for accommodation, 
and must keep the wording simple.
    (ii) We recommend using the following statement:
    ``This agency provides reasonable accommodation to applicants with 
disabilities where appropriate. If you need a reasonable accommodation 
for any part of the application and hiring process, please notify the 
agency. Determinations on requests for reasonable accommodation will be 
made on a case-by-case basis.''

PART 333--RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM 
APPOINTMENTS OUTSIDE THE REGISTER

    7. The authority citation for part 333 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, 3302, 3327, 3330; E.O. 10577, 3 
CFR 1954-58 Comp., p. 218; section 333.203 also issued under 5 
U.S.C. 1104.


    8. Section 333.102 is revised to read as follows:


Sec. 333.102  Notice of job announcements to OPM.

    Under 5 U.S.C. 3327, and 3330, agencies are required to report job 
announcements to OPM when recruiting outside the register. This 
requirement is implemented through Sec. 330.707 of subpart G of this 
chapter.

PART 335--PROMOTION AND INTERNAL PLACEMENT

    9. The authority citation in part 335 continues to read as follows:

    Authority: 5 U.S.C. 3301, 3302, 3304(f), 3330; E.O. 10577, 3 CFR 
1954-1958 Comp., p. 218; and Pub. L. 106-117.

    10. Section 335.105 is revised to read as follows:


Sec. 335.105  Notice of job announcements to OPM.

    Under 5 U.S.C. 3330, agencies are required to report job 
announcements to OPM for vacancies for which an agency will accept 
applications from outside the agency's work force. This requirement is 
implemented through Sec. 330.707 of subpart G of this chapter.
[FR Doc. 01-30531 Filed 12-10-01; 8:45 am]
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