[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 330-2, Career
Transition Assistance Plan, dated January 29, 2009.

[Material Superseded]{.underline}:

This Instruction supersedes HHS Instruction 330-1, Career Transition
Plan, issued September 5, 1997.

[]{.mark}

[Background]{.underline}:

[]{.mark}

This Instruction updates Career Transition Assistance Plan (CTAP). The
following revisions were made:

[]{.mark}

1)  5 CFR Part 330, Subparts F and G require Federal agencies to
    establish a career transition plan for its own employees and a
    special interagency career transition program for Federal employees
    outside the agency during a period of severe downsizing. The
    proposed Instruction meets the foregoing requirements by creating an
    umbrella Plan for the Department to actively assist surplus and
    displaced employees within and outside the agency.

2)  In order to effectively implement the requirements of 5 CFR Part
    330, Subparts F and G, the roles and responsibilities of personnel
    charged with ensuring the success of the program should be clearly
    defined.

3)  The Instruction establishes a requirement for the appointment of a
    Departmental Priority Placement Coordinator (PPC) to oversee all
    aspects of the agency's program, and the requirement for each
    operating Human Resource organization (OHRO) to appoint a PPC to
    administer the day-to-day aspects of the program for their serviced
    OPDIV.

4)  The CTAP and ICTAP programs, while designed to assist employees who
    are adversely affected by a severe downsizing, do not replace
    existing programs for priority placement, reemployment, and
    repromotion of Federal employees. Consequently, the order of
    priority in selections must be clearly articulated when applying
    statutory, regulatory, and agency requirements in effecting
    placements.

5)  The Instruction sets forth the requirement for the development and
    implementation of a web-based portal to enter, track, and monitor
    the effectiveness of the program. The portal should also facilitate
    program maintenance, more timely updates, responses to program
    inquiries, and preparation of reports.

6)  The RPL program is related to career transition assistance and is a
    mandatory program predating CTAP. It is used regardless of whether a
    Federal agency is undergoing a major downsizing initiative. Unlike
    CTAP/ICTAP, RPL eligibles must be given the opportunity to register
    on the agency's RPL for priority consideration over certain outside
    job applicants. Selection of registrants must be made based on
    retention standing; and registrants have appeal rights to the Merit
    Systems Protection Board (MSPB).

This issuance is effective immediately. Implementation under this
issuance must be carried out in accordance with applicable laws,
regulations, bargaining agreements, and Departmental policy.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

INSTRUCTION 330-2

**Subject: CAREER TRANSITION ASSISTANCE PLAN (CTAP)**

330-2-00 Purpose

330-2-10 References

330-2-20 Coverage and Exclusions

330-2-30 Definitions

330-2-40 Roles and Responsibilities

330-2-50 Career Transition Assistance General Requirements

330-2-60 Career Transition Assistance Strategies

330-2-70 Designation and Notification of Surplus and Displaced Employees

330-2-80 Notification of and Publicizing Vacancies

330-2-90 Exceptions to CTAP Placement Provisions

330-2-100 Selection Order

330-2-110 Determining and Reviewing Qualifications

330-2-120 Grade and Pay Retention

330-2-130 HHS Interagency Career Transition Assistance Program (ICTAP)
Plan

330-2-140 Reemployment Priority List (RPL) Plan

330-2-150 Documentation, Accountability and Reporting

Appendix A: Exceptions to CTAP Priority Selection

**330-2-00 PURPOSE**

This Instruction implements the President's memorandum of September 12,
1995, requiring agencies to establish Career Transition Assistance Plans
for Federal employees adversely affected by Federal downsizing.
Specifically, 5 CFR Part 330 Subparts F and G promulgate the specific
regulatory requirements for these plans. The HHS plan covers services to
be provided to surplus and displaced employees, consideration of surplus
and displaced Department employees, and consideration of displaced
employees from outside the Department. This instruction also outlines
the Reemployment Priority List (RPL) Plan that provides reemployment
consideration to competitive service employees separated by reduction in
force (RIF) and former competitive service employees separated by a
compensable injury.

The requirements in this plan form the foundation for assisting surplus
and displaced employees. Operating Divisions (OPDIVs) are encouraged to
take steps which go beyond these requirements to meet the needs of their
employees.

**330-2-10 REFERENCES**

A. President's Memorandum, September 12, 1995, Career Transition
Assistance for Federal Employees

B. 5 CFR Part 330, Subpart B (Reemployment Priority List)

C. 5 CFR Part 330, Subpart F (Agency Career Transition Assistance Plans
for Local Surplus and Displaced Employees)

D. 5 CFR Part 330, Subpart G (Interagency Career Transition Assistance
Plan for Displaced Employees)

E. 5 CFR Part 351 (Reduction in Force)

F.  5 CFR Part 353.110(b) (Restoration to Duty from Uniformed Service or
    Compensable Injury)

```{=html}
<!-- -->
```
G.  5 USC § 8337, 8451, 8456 (Retirement; Federal Employees Retirement
    System)

H.  HHS Personnel Instruction 351-1 (Reduction in Force)

I.  HHS Personnel Instruction 337 (Category Rating and Selection
    Procedures)

**330-2-20 COVERAGE AND EXCLUSIONS**

A. Coverage

The provisions of this Instruction apply to Department of Health and
Human Services (HHS) surplus and displaced competitive and excepted
service employees, including members of the Senior Executive Service
(SES) (for CTAP services only) and Federal Wage System (FWS) employees
who are facing separation due to downsizing, transfer of function, or
reduction in force. This Instruction also covers ICTAP eligibles.

B. Exclusions

> This Instruction is not applicable to Schedule C excepted service
> employees and employees on time limited appointments. The special
> selection priority provisions of CTAP do not apply to members of the
> SES.
>
> When the provisions of this Instruction differ from the requirements
> contained in applicable collective bargaining agreement(s), the
> agreement takes precedence for bargaining unit employees.

**330-2-30 DEFINITIONS**

A**.** [Career Transition Assistance Plan (CTAP)]{.underline}. A plan
each Federal agency (defined as HHS) is required to establish in order
to assist employees find other employment during a period of severe
Federal downsizing.

B. [Interagency Career Transition Assistance Plan (ICTAP)]{.underline}.
The provisions of 5 CFR Part 330, Subpart G requires agencies to
establish a separate plan which provides special selection priority to
displaced employees at other agencies when making selections from
outside the hiring agency's workforce. ICTAP does not apply to internal
movements within an agency (i.e. HHS). This plan is addressed separately
under Section 330-2-130 of this policy.

C. [Displaced Employee (CTAP Only)]{.underline}. A current career or
career-conditional competitive service employee in Tenure Group I or II,
at GS-15 or equivalent and below, who has received a specific
reduction-in-force (RIF) separation notice or notice of proposed removal
for declining a directed reassignment or transfer of function (TOF)
outside of the local commuting area; or a current HHS employee in the
excepted service, serving on an appointment without time limitation, at
grade level GS-15 or equivalent and below, who has been given
noncompetitive appointment eligibility and selection priority by statute
for positions in the competitive service, who is in receipt of a RIF
separation notice or notice of proposed removal for declining a TOF or
directed reassignment outside the local commuting area.

D. [Local Commuting Area]{.underline}. The geographic area that
constitutes one area for employment purposes, in which individuals can
reasonably be expected to travel back and forth daily to their official
duty station, generally within a 50-mile radius. In consultation with
OPDIVs, operating HR organizations (OHROs) will determine when
exceptions are appropriate.

E. [Priority Placement (PPC) or Reemployment Priority List (RPL)
Coordinator]{.underline}. A human resources professional who is
designated by the head of an OHRO to be responsible for updating and
maintaining the reemployment priority list (RPL) on the web-based
Departmental system. The RPL Coordinator is responsible for the OHRO RPL
only. The PPC may be responsible for all aspects of priority placement
including CTAP, ICTAP and which may include the RPL.

###### 

F.  [Repromotion Consideration]{.underline}. This consideration covers
employees who were demoted through no fault of their own and not at
their request, and who are not covered by grade/pay retention
provisions.

G.        [Retention Standing Order]{.underline}. The act of listing
competing employees on a retention register based on their tenure group,
length of service, veteran preference, and performance in descending
order in order to determine assignment rights during a reduction in
force.

H. [Special Selection Priority]{.underline}. Priority selection given to
surplus and displaced employees who meet eligibility requirements, who
must be selected over other candidates for vacancies in the local
commuting area for which they apply and are deemed well qualified. A
well qualified eligible employee must be selected before otherwise
qualified internal and external candidates may be hired, except over
veterans with 10-point veteran's preference and employees with Indian
Preference in the Indian Health Service.

I. [Status Candidate]{.underline}. An employee who has satisfied all
requirements for competitive status.

J. [Surplus Employee]{.underline}

1.  A current HHS employee serving under an appointment in the
    competitive service in Tenure Group I or II, at grade GS-15 or the
    equivalent and below, who has received a certificate of expected
    separation or other official certification issued by the
    Department/OPDIV indicating that the position is surplus for
    example, a notice of position abolishment, or a notice that the
    employee is eligible for discontinued service retirement;

2.  An employee serving on a Schedule A or B excepted appointment
    without time limit, at grade levels GS-15 or equivalent and below,
    who has been issued a certificate of expected separation or other
    official certification issued by the Department/OPDIV indicating
    that the position is surplus, for example, a notice of position
    abolishment, or an official notice stating that the employee is
    eligible for discontinued service retirement; or

3.  An employee at grade levels GS-15 or equivalent and below, who has
    received a RIF notice of separation, or a notice of proposed removal
    for declining a transfer of function or directed reassignment
    outside of the local commuting area.

K.        [Tenure Group I]{.underline}. Career employees who are not
serving a probationary period.

L.        [Tenure Group II]{.underline}. Career-conditional employees,
and employees serving a probationary period.

M.  [Well Qualified]{.underline}. An eligible employee who meets any of
    the criteria using any of the methods provided below.

    1.  Method 1. The employee meets the qualification standard and
        eligibility requirements for the position, including any medical
        qualifications, minimal educational and experience requirements;
        meets all selective placement factors where applicable; is
        physically qualified, with reasonable accommodation where
        appropriate, to perform the essential duties of the position;
        meets any special qualifying conditions that OPM has approved
        for the position; and is able to satisfactorily perform the
        duties of the position upon entry.

    2.  Method 2 or Key Item Category Rating Method. The employee is
        rated by the HR specialist based on the applicant's answers to
        predetermined questions. Applicants who have responded that they
        possess at least 50 percent or higher on the key responses meet
        or exceed the definition of well qualified.

    3.  Method 3 or Numerical Score Based on Category Rating Method. The
        employee is considered well qualified if he/she a score between
        85 and 94.99. Quality groups are defined by the prescribed score
        range. Accordingly, applicants scoring higher than the specified
        score range for well qualified and as such are covered.

    4.  Method 4 or Manual Category Rating Method. The employee is
        considered well qualified based on experience that is similar to
        the duties of the position being filled as described in
        predetermined benchmarks for Quality Groups.

**330-2-40 ROLES AND RESPONSIBILITIES**

A.  The Deputy Assistant Secretary for Human Resources (DASHR),
    Assistant Secretary for Administration and Management is responsible
    for:

```{=html}
<!-- -->
```
1.  Developing and administering policies and procedures for career
    transition assistance.

2.  Designating a Departmental Priority Placement Coordinator (PPC) to
    administer the provisions of this Instruction, including resolving
    issues that apply to two or more OPDIVs.

3.  Approving any waivers or exceptions to this Instruction.

4.  Conducting accountability reviews of career transition activities at
    any time.

5.  Maintaining an RPL.

B. OPDIV Heads or their designees are responsible for:

1.  Planning, developing, and implementing a strategic plan that
    identifies current and long-term goals and objectives,
    responsibilities, deadlines, and resources for completion. This
    includes assessing workforce requirements and determining numbers,
    categories, and qualifications of personnel needed to perform
    assigned program(s). This also includes identifying skills
    imbalances, surplus employees, and what is needed to address the
    problems, such as training, retraining existing staff, reorganizing
    work, transferring functions, or conducting a RIF.

2.  In consultation with the OHRO, deciding the funding and other
    resources that will be provided to assist employees adversely
    affected by a reorganization or RIF.

3.  Ensuring employees are advised of the RIF or similar action
    contemplated as early as possible in the process so that the
    employee can use available resources to find continuing employment.

4.  Ensuring employees receive all the rights and benefits that they are
    legally entitled to receive in conjunction with the OHRO.

5.  Supporting the spirit and intent of the priority placement
    provisions including the RPL, CTAP and ICTAP by authorizing excused
    absence, to the extent practicable to enable affected employees to
    use career transition assistance that is available.

6.  Consulting and negotiating with recognized labor organization(s) on
    the RIF or similar actions to the extent required by 5 USC Chapter
    71.

C. OHROs and PPCs are responsible for:

1.  Designating a PPC to administer the day-to-day aspects of the
    program and identify Coordinators for off-site serviced
    organizations as appropriate.

2.  Providing a copy of their implementation plans to the Departmental
    PPC within the Office of Human Resources, as part of RIF planning
    activities.

3.  Reporting on career transition activities and results as requested
    by the ASAM, Office of Human Resources.

4.  Developing, implementing, and maintaining a career transition
    assistance program for surplus and displaced employees previously
    assigned to their servicing OPDIV.

5.  Advising supervisors, managers, union representatives and affected
    employees on the importance of attending a mandatory orientation on
    career transition assistance services and eligibility for selection
    priority.

6.  Providing an orientation program for surplus and displaced employees
    at the time they become eligible for services in accordance with
    this Instruction and OPM governing regulations, and providing
    reasonable accommodation to employees with disabilities, as
    appropriate.

7.  Providing pertinent materials and resources to surplus and displaced
    employees and keeping them informed of program changes, placement
    opportunities, and available resources.

8.  Verifying program eligibility and notifying displaced and surplus
    employees of eligibility and loss of eligibility.

9.  Resolving qualifications disputes within their respective serviced
    population, and submitting requests for resolution of disputes
    between OHROs to the Departmental PPC, Office of Human Resources,
    for a decision. The request for a decision on a dispute may be
    submitted by the gaining or losing OHRO but the request must contain
    a written assessment of the issues, any relevant documentation, and
    a recommendation.

10. Coordinating career transition assistance program initiatives with
    other OHROs and other Federal, state, and local employers.

11. Working in conjunction with OPDIVs and the Employee Assistance
    Program Administrator to identify services for surplus and displaced
    employees who are having difficulties on the job.

12. Working with the Department of Labor to explore training and
    retraining opportunities for surplus and displaced employees.

```{=html}
<!-- -->
```
D.  Supervisors and managers are responsible for:

```{=html}
<!-- -->
```
1.  Ensuring employees receive oral and written notice of RIF or similar
    actions that may adversely affect them and that they are kept
    informed of any changes on a regular basis.

2.  Supporting the career transition assistance program by promoting the
    spirit and intent of the program by excusing employees to take
    advantage of career transition assistance and to seek other
    employment consistent with the requirements of this Instruction and
    Departmental policies.

3.  Cooperating fully in the placement of surplus and displaced
    employees, and assisting affected employees in finding continuing
    employment.

    E.  Employees are responsible for taking charge of their own careers
        by complying with this Instruction and exploring all available
        resources to maximize placement opportunities to include, but
        not limited to the following:

```{=html}
<!-- -->
```
1.  Attending an orientation on career transition assistance and
    priority selection;

2.  Completing an application for registration in the Department's RPL
    program in a timely manner;

3.  Advising the OHRO of any changes in address, phone number, etc.;

4.  Applying for jobs for which qualified and providing documentation of
    status;

5.  Responding to inquiries of availability within the specified
    timeframes;

6.  Taking advantage of the career transition assistance that is made
    available by the OPDIV/OHRO;

7.  Attending appropriate training or retaining opportunities available
    through the Department of Labor via state employment offices; and

8.  Notifying the OHRO when they have received a valid job offer as
    indicated in Section 330-2-50, C.2.

**330-2-50 CAREER TRANSITION ASSISTANCE GENERAL REQUIREMENTS**

A. Program Eligibility

The Career Transition Assistance Plan (CTAP) covers surplus and
displaced HHS employees in the competitive service and excepted service
(excluding Schedule Cs), including members of the SES for CTAP services
only, unless otherwise noted. In order to receive priority selection
consideration, an eligible employee must meet the following
requirements:

1.  Meet the definition of displaced or surplus employee as defined in
    this Instruction;

2.  Have a current performance rating of record of at least fully
    successful or equivalent;

3.  Apply for a vacancy that is at or below the grade level of the
    employee, and without greater promotion potential than the position
    from which the employee occupies or may be separated. However, at
    the discretion of the OHRO and the hiring manager, a current HHS
    CTAP eligible may be selected prior to announcing a vacant position;

4.  Occupy a position in the same commuting area, unless an exception is
    authorized by the OPDIV and approved by the servicing OHRO Director;

5.  Submit an application for a specific vacancy within the timeframes
    established by the hiring organization, and provide proof of
    eligibility; and

6.  Be determined to be well-qualified for the specific vacancy.

B. Period of Eligibility. The period of eligibility begins on the date
the notice of surplus or displaced status is issued to the employee and
ends on the first date that one of the following occurs:

1.  Employee is separated by RIF;

2.  Employee resigns or retires;

3.  Employee is separated under adverse action procedures for declining
    a directed reassignment or transfer of function to another commuting
    area;

4.  Notice of eligibility is cancelled or expires;

5.  Employee accepts a career or career conditional or excepted service
    appointment without time limitation in any agency at any grade; or

6.  Employee fails to respond to an inquiry of availability within a
    reasonable period of time or fails to show up for a scheduled
    interview without sufficient justification.

C. Notification and Cancellation of Eligibility

1.  Notification. Each OHRO shall establish a method of tracking surplus
    and displaced employees and documenting notification to each
    affected employee. The notification must include the employee's
    title, series, grade, geographic location, full performance level,
    and an HR point of contact for any questions in the event the
    employee is selected for another position. The notification shall
    also advise the employee of eligibility for special selection
    priority, procedures to apply for vacancies under CTAP and ICTAP,
    available career transition services, and how to obtain them.

2.  Cancellation. The OHRO cancels the notification of eligibility when
    notified by the employee that he/she has received a valid job offer
    that makes him/her ineligible for priority selection; notifies the
    employee of cancellation; and documents the cancellation on the web
    -based Departmental system. Failure to respond to an availability
    inquiry, attend a scheduled interview without sufficient
    justification, or failure to maintain up-to-date contact information
    may result in the loss of eligibility for priority selection.

**330-2-60 CAREER TRANSITION STRATEGIES**

The following details the minimum level of services available to ALL
employees affected by downsizing, streamlining, budget reductions,
reorganization, or similar events: 

A.  Use of Excused Absence: Each affected employee who requests excused
    absence will be granted no more than 40 hours of administrative
    leave for job interviews. Additional time may be provided, as
    warranted by individual situations, subject to supervisory approval
    and workload priorities. Interviews within HHS within the commuting
    area may be considered as other official functions. OPDIVs may
    reimburse individuals for travel expenses to CTAP activities the
    OPDIVs make available. In addition, supervisors should monitor the
    use of excused absences to ensure that time authorized is used for
    approved purposes.

B.  Use of Services and Facilities. To the extent practicable and within
    available funding, surplus and displaced employees will be provided
    the following career transition services including skills
    assessment, resume preparation, counseling, and job search
    assistance;

    1.  Career transition services, equipment, facilities, materials and
        resources to maximize placement opportunities (i.e. access to
        computers and assistance in interviewing skills, etc.).

    2.  Information on the availability of career transition services
        and facilities and how to access them, including any changes in
        the level and kind of services offered.

    3.  Access to facilities and career transition assistance for
        employees who have been separated, for at least 90 days after
        the date of separation.

C. Services Provided by the PPC and OHRO

1.  Training for employees, managers, supervisors and union
    representatives (e.g., job search skills, resume writing, interview
    techniques, financial management, stress management, transition
    management, etc.).

2.  Contact the Department of Labor (DOL), Dislocated Workers Units and
    local Private Councils for information on retraining options through
    the DOL Job Training Partnership Act (JTPA) and advise employees
    accordingly.

3.  With OPDIV assistance, develop and implement retraining strategies
    to help the organization meet its future workforce needs. OPDIVs may
    provide funding for training/retraining to surplus employees to
    remedy skills deficiencies as a means of avoiding a RIF without DOL
    involvement.

4.  Provide reasonable accommodation for employees with disabilities who
    are seeking career transition services.

5.  Contact Federal, state, and local employers to request placement
    assistance for affected employees.

6.  Work with the Employee Assistance Program Manager in tailoring
    services to affected employees.

7.  Develop options for career transition strategies for various
    contingencies, i.e., when there are limited numbers of surplus or
    displaced employees, or when there are large numbers of surplus or
    displaced employees;

8.  With OPDIV assistance, develop career transition strategies in
    partnership with local unions that represent employees.

9.  Provide reports on local career transition activities and results
    requested by the Office of Human Resources.

    D.  Orientation Training. Provide training for employees, managers,
        supervisors and union representatives on the use of services and
        eligibility for selection priority. OHROs will coordinate the
        development of any shared-cost services for OHROs to the extent
        practicable and feasible. OHROs will provide information to
        employees on the use of transition services at the time they
        become eligible for services and selection priority. In
        addition, supervisors and managers will be provided an
        orientation on the meaning of selection priority. OHROs must
        ensure both training and materials are suitable for employees
        with disabilities and alternative formats and arrangements are
        made to accommodate persons with disabilities.

 

**330-2-70 DESIGNATION AND NOTIFICATION OF SURPLUS AND DISPLACED
EMPLOYEES**

A.  Designating Employees as Surplus

    1.  Employees who are designated as surplus must be provided a
        specific RIF notice of separation, certificate of expected
        separation, or other official document signed by the appropriate
        OPDIV official that advises them of their status, how to apply
        for vacancies, the career transition services that are available
        to them, an explanation of their special selection priority, and
        a CTAP orientation invitation.

    2.  Employees affected by reorganizations, realignments,
        organizational skills imbalances, outsourcing, stream-line
        studies and A-76 Contracting Out or outsourcing initiative may
        be designated as surplus. Accordingly, the appropriate OPDIV
        official, with the advice and assistance of the Director of the
        OHRO, must provide written documentation of the basis for the
        surplus status and provide a copy to the employee.

    3.  OPDIVs may designate employees as surplus without issuing RIF
        notices when there is a reasonable degree of certainty the
        designated employees will have to be separated by RIF within 6
        months and when the precipitating event is outside the OPDIV\'s
        control, such as legislative action or a budget reduction
        imposed on the OPDIV.

    4.  If an OPDIV wants to designate surplus employees for longer than
        a 6 month period or wants to extend a designation beyond 6
        months, prior approval is required from the DASHR. Prior
        approval from the DASHR is also required if the precipitating
        event is within the OPDIV\'s control, such as a reorganization
        recommended or approved by the OPDIV head or subordinate
        officials. However, this prior approval requirement does not
        apply in a situation where an OPDIV's designation of employees
        as surplus will permit the OPDIV to effect immediate placements
        of employees within the OPDIV.

    5.  Employees designated as surplus must be given written notice to
        that effect by the appropriate OPDIV. The notice must advise
        them to include the notice when they apply for positions.
        Employees who do not include the notice will not be entitled to
        the consideration provided in this plan.

B. Notification and Certification of Displaced or Surplus Employees

1.  Certification and Notification of Eligibility. Prior to certifying
    employees and issuing notifications, OPDIVs will submit written
    notification of the RIF to the DASHR, including affected employees
    and dates the intended notices will go to employees. RIFs must
    always be the last resort. Employees who receive RIF separation
    notices are immediately covered by this plan, and any reference in
    this plan to surplus employees includes them.

2.  Issuance of Certification to Employees. Each certification will be
    in writing and must include the title, series, grade, geographic
    location and full performance level of the employee's current
    position, and the identification of a contact to verify current
    eligibility and to notify in the event of their selection for
    another position. It must also be signed by an OHRO Human Resources
    Specialist. OPDIVs need to be judicious in issuing certifications
    based on organizational or series designations of surplus employees
    while simultaneously ensuring all affected employees who need career
    transition assistance and placement services receive them.

3.  Notifications of Eligibility. Employees receiving a surplus
    certification, or a separation notice due to reduction in force or
    failure to accept relocation to a different commuting area, must be
    informed through that document of their eligibility for priority
    placement and career transition services. Similarly, when an OPDIV
    identifies a former employee as displaced, the OHRO will notify the
    employee of eligibility.

    C.  Tracking of Affected Employees. OPDIVs will work with the
        designated official in their OHRO to ensure displaced separated
        employees are recorded in the OHR web-based application that
        will be utilized by all HHS when hiring personnel.

    D.  Revocation of Certification. Upon receipt of a notice that an
        affected employee has been employed under conditions that make
        them ineligible for further priority consideration, the
        designated official for the OHRO will notify the affected
        employee of the revocation and the basis for it.

**330-2-80 NOTIFICATION, ANNOUNCEMENT, AND FILLING VACANCIES**

A.  Notification of Vacancies. All CTAP employees must receive
    notification of vacancies in their local commuting area. In
    addition, vacancies will be posted on USAJobs, unless an exception
    is approved by an authorized HR official.

1\. Issuance of Announcements

a.  Vacancy announcements must be issued for all vacancies covered by
    this Instruction, except when there are no CTAP eligible employees
    within HHS.

b.  OHROs must verify that the Department-wide web listing is clear of
    any HHS CTAP employees before making internal hires utilizing the
    merit staffing or other appropriate procedures.

c.  If the Department-wide web listing is not clear, a vacancy
    announcement must be posted HHS-wide for the specific geographic
    area only.

d.  Vacancy announcements must contain the definition of well-qualified.
    The proper documentation will be kept in the Merit Promotion case
    file to document CTAP requirements were applied and remarks should
    be noted on the selected employee's Standard Form 50, Notification
    of Personnel Action.

B. Publicizing Vacancies

1.  OHROs with surplus employees shall advise Federal human resources
    offices outside of the Department in the commuting area that they
    have surplus employees, and request placement assistance of affected
    employees. At a minimum, this notification should include the names,
    titles, series, grades, and promotion potential of the surplus
    employees. OHROs with surplus employees must keep these lists up to
    date, and advise other human resource offices as soon as employees
    are no longer entitled to consideration under this plan.

2.  OHROs shall publish vacancies via USAJobs in accordance with OPM and
    applicable labor agreements. Vacancy announcements, when used, must
    contain all information required by regulation and applicable HHS
    policies, including the definition of well-qualified.

3.  OHROs servicing surplus employees shall keep surplus and displaced
    employees informed of internal vacancies and/or pertinent websites
    to apply for vacancies. Employees who are absent must provide their
    OHRO with information on how to contact them quickly or
    alternatively may leave copies of their application with their OHRO,
    and indicate for what type of vacancies they are interested in
    applying. Nothing in this plan prevents OHROs from developing other
    arrangements such as using electronic mail to receive notices of
    vacancies and to apply for them.

C. Filling Positions

1.  When filling competitive service positions, surplus excepted service
    employees must be considered if they have competitive status or are
    serving under an appointment which can be used to fill the position.
    For example, an individual serving under Schedule A appointment for
    severely disabled individuals, if otherwise qualified, could be
    placed into a competitive service position while continuing to serve
    under the Schedule A appointment. Nothing in this plan confers
    competitive status upon excepted service employees or requires an
    OPDIV to attempt to hire an excepted employee through the
    competitive examining process.

2.  When filling excepted service positions, surplus competitive service
    employees must be considered if they would qualify for positions
    under the excepted service appointing authority being used or if the
    position could be filled in the competitive service.

3.  If a position is being filled under a formal HHS training program,
    surplus employees who apply must be considered for both the trainee
    and target positions except that a surplus employee does not have to
    be considered under this plan for a position which would involve a
    promotion or which has a greater promotion potential than the
    employee\'s current or most recently held position. An OPDIV
    selecting official may not bypass a surplus employee for selection
    who meets the requirements in this plan for either the trainee or
    target position by filling the other position. It is up to the OPDIV
    selecting official to decide which position (trainee or target) to
    offer the surplus employee.

4.  OPDIVs must select their own surplus employees ahead of those from
    other OPDIVs.

D. Exceptions

1.  OPDIVs may make internal reassignments as exceptions to this plan in
    instances where the reassignment does not result in a vacancy (for
    example, reassignments of employees to accomplish an official
    reorganization) or where the OPDIV's budget or FTE situation will
    not accommodate hiring from outside the OPDIV. There must be written
    documentation any time a vacancy is filled as an exception to this
    plan. The documentation must be signed by the official who has the
    authority to take the action causing the exception.

2.  Written documentation is required any time a vacancy is filled as an
    exception to this plan. The documentation must be signed by the
    official who has the authority to take the action causing the
    exception. For example, there is an exception if the placement of
    the surplus employee would cause another employee to be separated by
    RIF. If that exception is used, the documentation must be signed by
    an official who would have the authority to authorize the RIF.

3.  No separate documentation is required when the action is clear. For
    example, if an employee receives a career promotion, that is an
    exception to this plan, no additional documentation is required.

**330-2-90 EXCEPTIONS TO PRIORITY SELECTION UNDER CTAP**

There are thirty (30) regulatory exceptions to priority placement under
CTAP, as listed in Appendix A.

**330-2-100**. **SELECTION ORDER FOR FILLING VACANCIES**

A.  OPDIVs must select their own surplus and displaced employees in the
    local commuting area ahead of those employees from other OPDIVs
    inside or outside the commuting area.

B.  Selection priority must be given to well-qualified eligible HHS
    employees who apply for HHS vacancies within their local commuting
    area. Where feasible, qualifications should be modified prior to
    announcing the position to ensure displaced/surplus employees have
    an opportunity to qualify for the vacancy.

C.  If two or more eligible OPDIV employees apply for a vacancy in a
    specific OPDIV and are determined to be "well-qualified", either of
    those HHS employees in the commuting area may be selected.

D.  If previous steps have not resulted in a placement, qualified HHS
    employees on grade and pay retention who are eligible for
    repromotion under the HHS repromotion program may be selected as an
    exception to merit staffing requirements. Promotions may not be made
    to positions at a higher grade or with greater promotion potential
    than an employee would otherwise be eligible.

E.  When the obligation to select employees covered under CTAP within
    the local commuting area has been met, priority selection may be
    provided to HHS surplus and displaced employees from another
    commuting area.

F.  If no eligible employees apply or none are deemed "well-qualified,"
    another agency employee may be selected without regard to this
    Section, consistent with 5 CFR Part 330.608(e).

**330-2-110** **QUALIFICATION DETERMINATIONS AND REVIEWS**

A.  Noncompetitive Actions. If a position is being filled by an action
    not requiring competitive promotion procedures, surplus employees
    must be selected if they meet the basic qualifications for the
    position, possess documented selective factors, and can perform the
    duties of the position without undue interruption. Surplus employees
    are not required to meet quality ranking factors for noncompetitive
    actions. If a surplus or displaced employee is not found
    well-qualified, the employee must receive written notification of
    the results of an independent, second review conducted by the OHRO.
    If the employee is well-qualified and another well-qualified surplus
    or displaced employee is selected, the employee must be advised.

B.  Competitive Promotion Actions. If a position is being filled by a
    selection from a merit promotion certificate, the surplus employee
    must be rated and ranked under the same procedures as merit
    promotion applicants. If, after the rating and ranking process, the
    surplus employee is determined to be well qualified as defined and
    published on the vacancy announcement, s(he) must be selected. Each
    OHRO must define the term well qualified in each vacancy
    announcement that is issued in accordance with this Instruction.

**330-2-120 PLACEMENT OF EMPLOYEES ON RETAINED GRADE AND PAY**

When an employee is placed in a lower grade resulting in grade and pay
retention, the employee's name must be entered on the Department's
web-based listing for those employees in the commuting area who are
eligible for priority repromotion benefits as an exception to internal
competitive procedures.

A.  The servicing OHRO shall notify the employee of his/her eligibility
    and inform the employee in writing that acceptance of the position
    is not required.

B.  As vacancies occur, OHROs shall review the names on the list of
    eligibles within the commuting area, and forward an application for
    each eligible who meets the position's qualification to the
    selecting official.

C.  Accordingly, the OHRO shall advise the employee of the vacancy and
    request an updated application. If an application is not available,
    the OHRO will forward the application on file in the employee's
    Official Personnel Folder (OPF). The names shall be referred to the
    selecting official before referring any non repromotion eligible
    employees.

D.  Each OPDIV may supplement Departmental policy to the extent
    practicable and feasible.

**330-2-130 HHS INTERAGENCY CAREER TRANSITION ASSISTANCE PROGRAM (ICTAP)
PLAN**

A. Purpose

The ICTAP Plan implements the President's September 12, 1995 memorandum
to establish a special interagency career transition assistance program
for Federal employees.

B. Coverage and Exclusions

1.  Coverage. The ICTAP applies to other Federal agencies' competitive
    and excepted service employees in Tenure Groups I and II, including
    employees in the excepted service under Schedule A and B appointing
    authorities appointed to positions without time limitations.

2.  Exclusions. The plan does not apply to members of the Senior
    Executive Service (SES), Schedule C employees, experts and
    consultants, and employees appointed outside of Title 5 of the
    United States Code.

```{=html}
<!-- -->
```
C.  Eligibility. To be eligible for the special selection priority, an
    individual must also meet all of the following conditions:

    1.  Is a displaced employee (as defined in D. below) and provides
        written proof of eligibility status;

    2.  Has a current (or last) performance rating of record of at least
        fully successful or equivalent (except for those eligible under
        5 CFR Part 330.703(b) (2) and (b) (3);

    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 OHRO along with proof of
        eligibility; and

    6.  Is determined by the OHRO to be well qualified for the specific
        position as defined.

D. Definitions

1.  Displaced employee. This differs from the CTAP definition of a
    displaced employee. A displaced employee under ICTAP is defined as
    a:

```{=html}
<!-- -->
```
a.  Current career or career-conditional competitive service employee,
    in Tenure Group I or II, at grade levels GS-15 or equivalent and
    below, who has received a specific RIF separation notice, or a
    notice of proposed removal for declining a directed reassignment or
    transfer of function outside of the local commuting area;

b.  Former career or career-conditional competitive service employee, in
    Tenure Group I or II, at grade levels GS-15 or equivalent and below,
    who was separated through reduction in force, or removed for
    declining a directed reassignment or transfer of function outside of
    the local commuting area;

c.  Former career or career-conditional employee who was separated
    because of a compensable injury or illness 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 Sec. 353.110(b) of
    this chapter;

d.  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;

e.  Former career or career-conditional competitive service employee, in
    Tenure Group I or II, at grades GS-15 level or equivalent or below,
    who received a RIF separation notice, and who retired on the
    effective date of the reduction in force or under the discontinued
    service retirement option;

f.  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, as described
    in subpart H of this part;

g.  Current Executive Branch agency employee in the excepted service,
    serving on an appointment without time limit, at grade levels GS-15
    or equivalent and below, who has been given noncompetitive
    appointment eligibility and selection priority by statute for
    positions in the competitive service, and who is in receipt of a
    reduction in force separation notice or notice of proposed removal
    for declining a transfer of function or directed reassignment
    outside of the local commuting area; or

h.  Former Executive Branch agency employee in the excepted service, who
    served on an appointment without time limit, at grade levels GS-15
    or equivalent and below, who has been given noncompetitive
    appointment eligibility and selection priority by statute for
    positions in the competitive service, and who has been separated
    through reduction in force or removed for declining a transfer of
    function or directed reassignment outside of the local commuting
    area.

    2.  Eligible employee. A displaced employee who meets the conditions
        set forth in Part D.1. in this section.

    3.  Well-Qualified employee. The same meaning as contained in
        section 330-2-30 Section M. of this Instruction.

    4.  Vacancy. A competitive service position to be filled for a total
        of 121 days or more, including all extensions, regardless of
        whether or not a specific vacancy announcement is issued.

E. Expiration of Eligibility

1.  One year after an agency certifies that an individual under 5 CFR
    Part 330.703 (b) (3) cannot be placed;

2.  One year after an individual under 5 CFR Part 330.703 (b) (4)
    receives notification that his/her disability annuity has been or
    will be terminated;

3.  When the employee receives a career, career-conditional, or excepted
    appointment without time limit in the agency at any grade level;

4.  When the employee no longer is being separated by RIF, or is under
    adverse action procedures for declining a transfer of function, or
    reassigned outside the local commuting area, or separates by
    resignation or non-discontinued service retirement prior to the RIF
    effective date;

5.  When the employee declines a career, career conditional or an
    excepted appointment (without time limit) for which the employee has
    applied and been rated well qualified; or upon the failure of the
    employee to respond within a reasonable period of time to an offer
    of official inquiry of availability.

F. Order of Selection in Filling Vacancies from Outside HHS

1.  Former OPDIV employees on the RPL.

2.  Former HHS employees eligible under the RPL.

3.  Any other former HHS employee displaced from the HHS.

4.  Any current or former Federal employee displaced from other Federal
    Agencies, who are covered under this plan.

5.  Any other candidate.

G. Review of Qualifications. OHROs shall follow the same procedures
outlined in the CTAP section 330-2-140 of this Instruction for review,
documentation, and notification of ICTAP applicants.

**330-2-140 REEMPLOYMENT PRIORITY LIST (RPL) PLAN**

A. Purpose

The Reemployment Priority List (RPL) provides reemployment consideration
to: 1) current competitive service employees who are in the process of
separation by reduction in force (RIF); 2) former competitive service
employees separated by RIF; or 3) fully recovered employees from a
compensable injury after more than 1 year. In filling vacancies, the
Department will give RPL registrants priority consideration over certain
outside job applicants. It also may consider RPL registrants before
considering internal candidates.

The Department will establish and maintain a RPL for each commuting area
in which it separates eligible competitive service employees by RIF or
when a former employee recovers from a compensable injury after more
than 1 year. All OPDIVs within the commuting area utilize a single RPL
and are responsible for considering RPL registrants.

B.  Coverage and Exclusions

    1.  Coverage. The plan applies to current and former competitive
        service HHS employees who meet eligibility requirements and
        register within the prescribed timeframes. At the discretion of
        the OPDIV head, reemployment consideration may be given to
        excepted service employees for positions in the Excepted Service
        with the same appointing authority as the position they
        occupied. 

2\. Exclusions. Senior Executive Service (SES) members are not covered.

C. Reduction in Force (RIF) Eligibility

1\. To apply for the RPL, an employee must:

a.  Be serving under an appointment in the competitive service in Tenure
    Group I or II;

b.  Have received a rating above unacceptable on the last annual
    performance rating of record for Part 351 purposes (except for
    employees in positions excluded from a performance appraisal system
    by law, regulation, or OPM administrative action);

c.  Have received a specific notice of separation or a Certification of
    Expected Separation in accordance with 5 CFR Section 351.807; and

d.  Have not declined an offer of a position with the same type of work
    schedule and a representative rate at least as high as that of the
    position from which the employee was or will be separated.

2\. The OPDIV must provide RPL information to each eligible employee,
including appeal rights, at the time it provides a specific RIF notice
of separation or a Certification of Expected Separation.

3\. A Tenure Group I employee is eligible for the RPL for 2 years, and a
Tenure Group II employee is eligible for 1 year, from the date the
employee is entered on the RPL.

When an individual declines an offer of career, career-conditional, or
excepted service appointment without time limit or fails to reply to an
inquiry and the position meets the acceptable conditions shown in
his/her application, he/she loses RPL consideration for all positions
with a representative rate at or below that grade. However, the
individual retains eligibility for positions with a higher
representative rate up to the last grade held.

4\. An individual is removed from the RPL before the period of
eligibility expires when the individual:

> a\. Requests removal;
>
> b\. Receives a career, career-conditional or excepted service
> appointment without time limit in any agency;
>
> c\. Declines an offer of career, career-conditional, or excepted
> appointment without time limit or fails to reply to an inquiry
> concerning a specific position having a representative rate at least
> as high, and with the same type of work schedule, as that of the
> position from which the person was or will be separated;
>
> d\. Separates for some other reason (such as retirement, resignation,
> etc.) before the date the RIF separation would take effect. An
> employee who retires on or after the date of separation by RIF does
> not lose RPL eligibility; or
>
> e\. Declines an interview or fails to appear for a scheduled interview
> only if notified in advance of this requirement and the subsequent
> consequences.

5\. When an individual is removed from the RPL because of a failure to
reply to a specific permanent job offer or an inquiry of availability
for a specific permanent vacancy, the Department must have documentation
that shows a written offer or inquiry was made. The written offer or
inquiry to the individual must clearly state that failure to respond
will result in loss of RPL consideration for that grade or higher grades

D. Compensable Injury Eligibility

1\. A competitive service employee in Tenure Group I or II who is
separated (or who accepts a lower graded position in lieu of separation)
because of a compensable injury or disability who has fully recovered
more than 1 year after compensation began is entitled to be placed on
the RPL. The employee must apply within 30 calendar days after the date
compensation ceases. When an appeal for continuation of compensation is
filed, the 30-day period begins the day after resolution is reached.

2\. A former Tenure Group I employee is eligible to remain on the RPL
for 2 years, and a former Tenure Group II employee is eligible for 1
year, from the date the individual is entered on the RPL. An individual
is taken off the RPL before the period of eligibility expires when the
individual:

> a\. Requests removal;
>
> b\. Receives a career, career-conditional, or excepted appointment
> without time limit in any agency; or
>
> c\. Declines an offer or fails to respond to an inquiry of
> availability about a specific position that is the same as or
> equivalent to the position from which separated.

E. Application

1\. An eligible employee musts complete an application to be placed on
the RPL. The employee must specify the conditions under which (s)he will
accept employment, including grade, occupation, and minimum hours or
work per week, and positions at the same representative rate and type of
work schedule (e.g., full-time, part-time, seasonal, intermittent,
on-call, etc.) as the position from which the employee was or will be
separated. Registration may take place as soon as a specific notice of
separation or a Certification of Expected Separation has been issued.
The employee must submit the application within 30 calendar days after
the RIF separation date. An employee who fails to submit a timely
application is not entitled to be placed on the RPL. Employees must
inform the Department of any significant changes in the information
provided.

2\. An eligible employee must request reemployment within 30 calendar
days after the date compensation ceases. When an appeal for continuation
of compensation is filed, the 30-day period begins the day after
resolution is reached.

3\. An eligible employee will be placed on the RPL no later than 10
calendar days after receipt of an application or request.

4\. When requested, the Department will assist employees on the RPL by
identifying those positions within the agency for which the employee
qualifies and is interested.

F. Job Consideration

1\. Within the commuting area, an eligible employee affected by RIF is
entitled to consideration for positions for which qualified and
available that are at no higher grade (or equivalent), have no greater
promotion potential than the position from which the employee was or
will be separated, and have the same type of work schedule. An employee
is entitled to consideration for any higher grade previously held on a
non-temporary basis in the competitive service from which the employee
was demoted.

2\. An eligible employee may be entered on the RPL only for the
commuting area in which separated and may not apply for the RPL in any
other location.

3\. Eligible employees in a position in Alaska or overseas are entitled
to apply for the RPL for the commuting area in which separated unless
the employee leaves that area and makes a written request for entry on
the RPL for the commuting area from which he/she was employed for
Alaskan or overseas service, or in another area within the United States
outside of Alaska.

G. Employment Restrictions

1\. Priority Consideration for Status Candidates. Priority
Consideration: Candidates who were not given proper consideration due to
procedural error and/or regulatory violation must be given "*priority
consideration"* on a one-time basis, for the next position to be filled
having the same title, series, grade, duty location and promotion
potential as the one for which proper consideration was not given. A
person given priority consideration will be referred to the selecting
official before any other effort is made to fill the vacancy. Priority
consideration referral does not provide a candidate an entitlement to
selection.

2.  Repromotion Priority List: An employee who is on a Repromotion
    Priority List must be given priority consideration for repromotion
    to a vacant position for which he/she is qualified at the grade
    level formerly held and at any lower grade levels the employee
    agrees to accept in the commuting area of the position from which
    he/she was downgraded. An employee's name will be removed from the
    Repromotion Priority List if the employee declines a valid job
    offer.

3.  Priority Consideration for Non-Status Candidates. Refer to the
    Delegated Examining Operations Handbook for Delegated Examining Unit
    (DEU) procedures.

4.  When a qualified individual is available on an RPL, jobs offer to an
    individual not on the RPL may not be made to fill a permanent or
    temporary competitive service position unless the individual
    appointed:

> a\. Is a qualified 10-point preference eligible;
>
> b\. Is a transfer or reemployment preference eligible exercising
> restoration rights based on return from military service or recovery
> from a compensable injury or disability within 1 year, or is
> exercising other statutory or regulatory reemployment rights;
>
> c\. Is a new appointee and a qualified current HHS employee:
>
> i\) Filling the position through a detail, position change, promotion,
> change to lower grade, or reassignment;
>
> ii\) Converted to competitive appointment while serving under an
> appointment which confers conversion eligibility;
>
> iii\) Reappointed without a break in service and serving under a
> temporary appointment of 1 year or less to another position and the
> appointment does not exceed 1 year;
>
> iv\) Who received an extension of an appointment up to the maximum
> permitted by the appointment authority; or
>
> v\) Selected for 30-day special needs appointment or 700-hour
> temporary appointment for a person with a severe mental or physical
> disability.

H. RPL Selection

1.  Retention standing order. Selections from the RPL shall be made in
    retention group and subgroup order. Selecting Officials may not pass
    over an individual in Tenure Group I to select from Tenure Group II
    and may not pass over an individual in a higher subgroup to select
    an individual from a lower subgroup. Within a subgroup, an
    individual may be selected without regard to the order of retention
    standing.

2.  Exceptions. A Selecting Official may make an exception and appoint
    an individual who is not on the RPL or has lower standing than
    others on the RPL. The exception may be granted only when necessary
    to obtain an employee for duties that cannot be performed without
    undue interruption. Use of this exception requires approval of the
    OHRO RPL Coordinator. The OHRO shall notify, in writing, each
    individual on the RPL adversely affected by the exception of the
    right to appeal to the Merit Systems Protection Board (MSPB).

I. Appeals

> At the time of registration in the RPL, PPCs are responsible for
> notifying employees of their right of appeal to the MSPB. An
> individual who believes that his/her reemployment priority rights have
> been violated because of the employment of another person may appeal
> to the MSPB. Bargaining unit employees may file a grievance through
> the appropriate negotiated grievance procedure or may file an appeal
> with the MSPB, but not both.

**330-2-150 DOCUMENTATION, ACCOUNTABILITY AND REPORTING**

A.  Documentation.

```{=html}
<!-- -->
```
1.  The OHR is responsible for establishing and overseeing the
    implementation and maintenance of an automated system to enter,
    track, monitor, and account for registrants and placements via the
    aforementioned systems.

2.  The OHRO PPCs shall be responsible for administering all aspects of
    the RPL and CTAP/ITAP programs and implementing the web-based system
    for their serviced population. This includes entering employees into
    the system, updating records, and assessing effectiveness.

```{=html}
<!-- -->
```
B.  Accountability. The OHRO shall ensure all aspects of the program are
    monitored and evaluated in accordance with OPM and Departmental
    requirements. The Departmental PPC will also be responsible for
    evaluating the effectiveness of the OHRO's RPL and CTAP/ICTAP for
    all serviced entities and providing technical assistance as needed.

C.  Reporting. The Department will coordinate and finalize reports on
    program status and accomplishments.

**Appendix A:**

**Exceptions to CTAP Priority Selection**

The following list enumerates exceptions to the applicability of
priority selection under CTAP:

1.  Actions taken under 5 CFR Part 335, including reassignments, changes
    to lower grade, or promotions, when no employees eligible under this
    subpart apply;

2.  Reemployment of a former agency employee exercising regulatory or
    statutory reemployment rights, including the reemployment of injured
    workers who have either been restored to earning capacity by the
    Office of Workers\' Compensation Programs (OWCP), or who have
    received a notice that their compensation benefits will cease
    because of recovery from the disabling injury or illness;

3.  Position changes resulting from disciplinary actions;

4.  Temporary appointments of under 121 days (including all extensions);

5.  Exchange of positions between or among agency employees, when the
    actions involve no increase in grade or promotion potential, i.e.,
    job swaps;

6.  Conversion of an employee of the same agency who is serving on an
    excepted appointment which confers eligibility for noncompetitive
    conversion into the competitive service, e.g., conversion of a
    veterans\' recruitment appointee to a career conditional appointment
    under Sec. 315.705;

7.  An action taken under Part 351 of this chapter;

8.  Non-competitive placement of an employee into a different position
    as a result of a formal reorganization, when the former position
    ceases to exist, and no actual vacancy results;

9.  Assignments made under the Intergovernmental Personnel Act (IPA) as
    provided in Part 334 of this chapter;

10. The filling of a position through an excepted appointment;

11. Details;

12. Time-limited promotions of under 121 days, including all extensions;

13. Noncompetitive movement of surplus or displaced employees within the
    agency, and within the same local commuting area;

14. Movement of excepted service employees within an agency;

15. A placement under 5 USC 8337 or 8451 to allow continued employment
    of an employee who has become unable to provide useful and efficient
    service in his/her current position because of a medical condition;

16. A placement that is a "reasonable offer" as defined in 5 USC 8336(d)
    and 8414(b);

17. Career ladder promotions or position changes resulting from
    reclassification actions, e.g., accretion of duties, or application
    of new position classification standards;

18. Recall of seasonal or intermittent employees from nonpay status;

19. The internal placement of an injured or disabled worker whose agency
    has identified a position for which he/she can be reasonably
    accommodated;

20. An action taken by the agency head or designee pursuant to the
    settlement of a formal complaint, grievance, appeal, or other
    litigation;

21. An action taken to return an employee to his/her original or similar
    position during a supervisory probationary period;

22. The retention of individuals whose positions are brought into the
    competitive service under Sec. 316.701 or Sec. 316.702 of this
    chapter and subsequent conversion, when applicable, under Sec.
    315.701 of this chapter;

23. The retention of an employee for whom OPM has approved a rule 5.1
    variation;

24. At the agency\'s discretion, the selection of an employee from
    within a component of an agency within the local commuting area,
    after all eligible surplus and displaced applicants of that
    component who are eligible under CTAP within the local commuting
    area have been accorded selection priority;

25. The reemployment of a former agency employee who retired under a
    formal trial retirement and reemployment program, and who seeks
    reemployment with that agency under the program\'s provisions, and
    within the program\'s applicable time limits;

26. Extensions of temporary or term actions, up to the full period
    allowed, provided that the original action, upon which the extension
    is based, was made on or before February 29, 1996; or for actions
    initially made after February 29, 1996, the original vacancy
    announcement must have specified that the position was open to CTAP
    candidates and that if they were found well-qualified, would be
    afforded selection priority. The original announcement must have
    stated that an extension was possible without further announcement;

27. Noncompetitive movement of employees between agencies as a result of
    interagency reorganization, interagency transfer of function, or
    interagency mass transfer;

28. The placement of a member of the Senior Executive Service under 5
    USC 3594;

29. The voluntary transfer of employees from one agency to another under
    a Memorandum of Understanding or similar type of agreement when both
    agencies and the affected employees agree to the transfer; and

30. The reassignment of an employee whose position description or other
    written mobility agreement provides for reassignments outside the
    commuting area as part of a planned rotational program within the
    agency.