STAFFING

**1. REASON FOR ISSUE:** To revise Department of Veterans Affairs (VA)
procedures for terminating hybrid employees appointed under 38 U.S.C.
7405(a)(1)(B), to reflect changes in VA's performance management system,
and to eliminate annual Career Transition Assistance Program (CTAP)
report requirements.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook contains
mandatory VA procedures on staffing and downsizing. The pages in this
issuance replace the corresponding page numbers in part IV of VA
Handbook 5005. This revision reflects the reduction-in-force coverage
now accorded hybrid title 38 employees appointed under 38 U.S.C.
7405(a)(1)(B), as a result of Public Law 108-170, the "Veterans Health
Care, Capital Asset, and Business Improvement Act of 2003," dated
December 6, 2003. Part IV has been further revised to take into account
changes in VA's performance management system and to delete the
requirement for an annual CTAP report. References provided on the
affected pages have also been updated. These changes will be
incorporated into the electronic version of VA Handbook 5005 that is
maintained on the [Office of Human Resources Management and Labor
Relations Web
site](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm).

**3. RESPONSIBLE OFFICE:** The Recruitment and Placement Policy Service
(059), Office of the Deputy Assistant Secretary for Human Resources
Management and Labor Relations.

**4. RELATED DIRECTIVE:** VA Directive 5005, Staffing.

5\. RESCISSIONS: None.

CERTIFIED BY: BY DIRECTION OF THE SECRETARY

**OF VETERANS AFFAIRS:**

/s/Robert N. McFarland /s/R. Allen Pittman

Assistant Secretary for Assistant Secretary for

Information and Technology Human Resources and Administration

ELECTRONIC DISTRIBUTION ONLY

# 

# STAFFING

**PART IV. REDUCTIONS IN STAFF**

**CONTENTS**

###### **PARAGRAPH PAGE**

# [CHAPTER 1](#chapter-1.-general-1). GENERAL

1\.
[SCOPE](#scope.-this-part-covers-activities-and-actions-at-facilities-associated-with-effecting-employment-reductions-and-changes-based-on-such-factors-as-change-in-mission-reorganization-of-work-changes-in-workload-a-lack-of-funds-and-other-matters-that-are-unrelated-to-individual-employee-conduct-and-performance-issues.-included-in-this-part-are-furlough-title-5-reduction-in-force-rif-career-transition-assistance-and-title-38-staff-adjustment-requirements.)
IV-1

2\. [RESPONSIBILITY](#PtIVCh1par2) IV-1

3\. [REPORTING STAFF REDUCTIONS TO THE OFFICE OF
MANAGEMENT](#PtIVCh1par3)

[AND BUDGET](#PtIVCh1par3) IV-1

\[4.
[RECORDS](#PtIVCh1par4)......................................................................................................IV-1\]

# [CHAPTER 2](#PtIVCh2). TITLE 5 REDUCTIONS IN FORCE, \[TRANSFERS OF FUNCTION,\] FURLOUGHS, AND TRANSITION ASSISTANCE

**[SECTION A](#PtIVCh2secA). GENERAL**

1\. [SCOPE](#PtIVCh2secApar1) IV-3

2\. [FILLING VACANCIES](#PtIVCh2secApar2) IV-3

3\. [DELEGATIONS OF AUTHORITY](#PtIVCh2secApar3) IV-4

4\. [REQUESTS TO TAKE ACTION](#PtIVCh2secApar4) IV-4

# [SECTION B](#section-b.-competitive-areas-1). COMPETITIVE AREAS

1\. [STANDARD COMPETITIVE AREAS](#PtIVCh2secBpar1) IV-7

2\. [AUTHORITY TO REDEFINE COMPETITIVE AREAS](#PtIVCh2secBpar2) IV-7

# [SECTION C](#section-c.-competitive-levels-and-retention-standing-1). COMPETITIVE LEVELS AND RETENTION STANDING

1\. [ESTABLISHMENT OF COMPETITIVE LEVELS](#PtIVCh2secCpar1) IV-9

2\. [CREDIT FOR PERFORMANCE](#PtIVCh2secCpar2) IV-9

3\. [ORDER OF RELEASE FROM COMPETITIVE LEVELS](#PtIVCh2secCpar3) IV-10

4\. [TIES](#PtIVCh2secCpar4) IV-10

5\. [EXCEPTIONS TO RETENTION ORDER](#PtIVCh2secCpar5) IV-\[10\]

# [SECTION D](#section-d.-assignment-rights-1). ASSIGNMENT RIGHTS

1\. [QUALIFICATIONS DETERMINATIONS](#PtIVCh2secDpar1) IV-13

2\. [ADMINISTRATIVE ASSIGNMENTS](#PtIVCh2secDpar2) IV-13

**CONTENTS-CONTINUED**

###### **PARAGRAPH**

######  **PAGE**

# [SECTION E](#section-e.-employee-notices-1). EMPLOYEE NOTICES

1\. [GENERAL](#PtIVCh2secEpar1) IV-15

2\. [SPECIFIC NOTICES](#PtIVCh2secEpar2) IV-15

# [SECTION F](#section-f.-furloughs-1). FURLOUGHS

1\. [GENERAL](#PtIVCh2secFpar1) IV-17

2\. [USE OF ADVERSE ACTION PROCEDURES](#PtIVCh2secFpar2) IV-17

3\. [USE OF RIF PROCEDURES](#PtIVCh2secFpar3) IV-17

4\. [WRITTEN NOTICE TO EMPLOYEES](#PtIVCh2secFpar4) IV-17

5\. [EMPLOYEE PREFERENCES](#PtIVCh2secFpar5) IV-18

6\. [FURLOUGH DURATION LIMITATIONS](#PtIVCh2secFpar6) IV-18

# [SECTION G](#section-g.-transfers-of-function-1). TRANSFER\[S\] OF FUNCTION

1\.
[GENERAL](#PtIVCh2secGpar1)...................................................................................................\...IV-19

2\. [PROCEDURES](#PtIVCh2secGpar2) IV-19

# [SECTION H](#section-h.-appeals-and-grievances-1). APPEALS AND GRIEVANCES

1\. [NOTIFICATION TO EMPLOYEES](#PtIVCh2secHpar1) IV-21

2\. [PETITIONS FOR REVIEW BY THE MERIT SYSTEMS PROTECTION
BOARD](#PtIVCh2secHpar2) IV-21

# [SECTION I](#section-i.-placement-assistance-and-career-transition-1). PLACEMENT ASSISTANCE AND CAREER TRANSITION

1\. [EMPLOYMENT RESTRICTIONS](#PtIVCh2secIpar1) IV-23

2\. [OPERATIONAL REQUIREMENTS FOR CAREER TRANSITION
ASSISTANCE](#PtIVCh2secIpar2) IV-23

3\. [DEFINITIONS FOR CTAP](#PtIVCh2secIpar3) IV-24

4\. [CAREER TRANSITION ASSISTANCE SERVICES](#PtIVCh2secIpar4) IV-27

5\. [SPECIFIC VA CAREER TRANSITION SERVICES](#PtIVCh2secIpar5) IV-27

6\. [SPECIAL SELECTION PRIORITY FOR VA EMPLOYEES](#PtIVCh2secIpar6)
IV-29

7\. [REEMPLOYMENT PRIORITY CONSIDERATION FOR SEPARATED
EMPLOYEES](#PtIVCh2secIpar7) IV-\[29\]

8\. [SPECIAL SELECTION PRIORITY FOR DISPLACED CURRENT
OR](#PtIVCh2secIpar8)

[FORMER EMPLOYEES FROM OTHER FEDERAL AGENCIES](#PtIVCh2secIpar8) IV-30

9\. \[[LABOR RELATIONS RESPONSIBILITY](#PtIVCh2secIpar9)[\]]{.underline}
IV-\[30\]

10\. \[[EMPLOYEE RELATIONS RESPONSIBILITIES AND
RIGHTS](#PtIVCh2secIpar10)[\]]{.underline} IV-\[30\]

\[ \]

**CONTENTS-CONTINUED**

###### **PARAGRAPH PAGE**

**[CHAPTER
3](#chapter-3.-title-38-assignments-staff-adjustments-and-furloughs).
TITLE 38 ASSIGNMENTS, STAFF ADJUSTMENTS, AND FURLOUGHS**

# [SECTION A](#section-a.-general-1). GENERAL

1\. [SCOPE](#PtIVCh3secApar1) IV-\[31\]

2\. [REFERENCES](#PtIVCh3secApar2) IV-\[31\]

3\. [DEFINITIONS](#PtIVCh3secApar3) IV-\[31\]

4\. [POLICY](#PtIVCh3secApar4) IV-\[32\]

# [SECTION B](#section-3). ASSIGNMENTS, REASSIGNMENTS AND DETAILS

# 

1\. [CHANGES OF ASSIGNMENTS OTHER THAN
REASSIGNMENTS](#PtIVCh3secBpar1)..............................IV-35

2\. [REASSIGNMENTS](#reassignments) IV-35

3\.
[DETAILS](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-36

# [SECTION C](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm). ACCOMPLISHING STAFF ADJUSTMENTS

1\. [PLAN](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-37

2\. [GENERAL ADVANCE
NOTICE](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-37

3\.
[PLACEMENT](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-37

4\. [SPECIFIC ADVANCE NOTICE](#PtIVCh3secCpar4) IV-38

5\. [REDUCTION OR WAIVER OF THE GENERAL ADVANCE NOTICE
PERIOD](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-39

# [SECTION D](#section-d.-title-38-furloughs-1). TITLE 38 FURLOUGHS

1\. [FURLOUGHS OF 30 DAYS OR LESS](#PtIVCh3secDpar1) IV-41

2\. [FURLOUGHS OF MORE THAN 30 DAYS](#PtIVCh3secDpar2) IV-41

3\. [LENGTH OF NOTICE PERIOD](#PtIVCh3secDpar3) IV-41

4\. [CONTENTS OF NOTICE](#PtIVCh3secDpar4) IV-41

5\. [APPEALS](#PtIVCh3secDpar5) IV-41

6\. [RECORDS OF FURLOUGH
ACTIONS](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm)
IV-42

# APPENDICES

IV-A. [TITLE 5 SELECTION REQUIREMENTS IMPOSED BY THE
\[REEMPLOYMENT](#AppIVAppA)

[PRIORITY LIST, VA CAREER TRANSITION ASSISTANCE PLAN, AND](#AppIVAppA)

[INTERAGENCY CAREER TRANSITION ASSISTANCE PLAN](#AppIVAppA)\] IV-A-1

IV-B. [VHA REDUCTION-IN-FORCE DELEGATION OF AUTHORITY (RCN
10-96-1)](#AppIVB) IV-B-1

IV-C. [VHA DELEGATION OF AUTHORITY TO REDEFINE COMPETITIVE
AREAS](#appendix-c.-vha-delegation-of-authority) IV-C-1

PART IV. REDUCTIONS IN STAFF

# CHAPTER 1. GENERAL

# 1. SCOPE. This part covers activities and actions at facilities associated with effecting employment reductions and changes based on such factors as change in mission, reorganization of work, changes in workload, a lack of funds and other matters that are unrelated to individual employee conduct and performance issues. Included in this part are furlough, title 5 reduction in force (RIF), career transition assistance, and title 38 staff adjustment requirements.

[]{#PtIVCh1par2 .anchor}**2. RESPONSIBILITY.** Managers will ensure
requirements associated with this part are met, and will otherwise
attempt to minimize the adverse impact of necessary changes within their
organizations by assisting employees to understand the reasons for
changes, assisting employees to make career transitions, and treating
employees in a fair and equitable manner.

[]{#PtIVCh1par3 .anchor}**3. REPORTING STAFF REDUCTIONS TO THE OFFICE OF
MANAGEMENT AND BUDGET.** VA will provide the Office of Management and
Budget \[(OMB)\] with information concerning planned reductions in staff
and furloughs. See the [OHRM&LR Web
site](http://vaww.va.gov/ohrm/Directives-Handbooks/Direct_Hand.htm) for
the requirements for submitting information to VA Central Office
\[(VACO)\] prior to conducting RIFs, staff adjustments or furloughs.

[]{#PtIVCh1par4 .anchor}\[**4.** **RECORDS.** Human Resources Managers
are responsible for maintaining records that are used to determine an
employee's RIF or staff adjustment retention standing and for ensuring
that access to such records is consistent with 5 CFR 351.505 (b) and VA
Handbook 5025. VA will make available for review by the Union and
employees those records which they are permitted to inspect, and will
provide copies to the extent possible and reasonable. Records must be
maintained for 2 years after completion of the staff reduction activity.
Records must be maintained for a longer period if there are pending
third-party actions (e.g., grievance, appeal, EEO, court).\]

[]{#PtIVCh2 .anchor}**CHAPTER 2. TITLE 5** \[**REDUCTIONS IN FORCE,
TRANSFERS OF FUNCTION, FURLOUGHS,**\] **AND TRANSITION ASSISTANCE**

[]{#PtIVCh2secA .anchor}**SECTION A. GENERAL**

**(TO BE USED WITH 5 CFR** \[**, PART**\] **351** \[**AND U.S. OFFICE OF
PERSONNEL MANAGEMENT RESTRUCTURING INFORMATION HANDBOOK**\]**)**

[]{#PtIVCh2secApar1 .anchor}**1. SCOPE.** This chapter contains
Department of Veterans Affairs (VA) policies and procedures for \[RIF\],
transfers of function, furloughs and career transition assistance. They
apply to \[ \] competing title 5 employees\[, to title 38 hybrid
employees\] appointed under 38 U.S.C. \[ \] 7401\[(3), to\] title 38
\[hybrid\] employees appointed under 38 U.S.C. \[7405(a)(1)(B) without a
not-to-exceed date, and to temporary hybrid title 38 employees who are
currently employed under a temporary appointment limited to 1 year or
less, and who have completed 1 year of current continuous service under
a temporary appointment with no break in service of 1 workday or more.
These procedures do not apply to employees serving in the Senior
Executive Service or appointed under 38 U.S.C. 7306, 7401(1), or
7405(a)(1)(A). T\]his chapter\[,\] 5 CFR \[part\] 351, \[and OPM's
Restructuring Information Handbook\] must be used together when planning
and effecting covered actions. Prior to making a determination to
initiate a \[RIF\] action, labor organizations should be \[given the
opportunity to participate in\] pre-decision \[discussions\]. If a
decision is made to initiate a \[RIF\], labor organizations will be
notified before any affected bargaining unit employees are notified.
Applicable master or local\[ly\] negotiated agreement provisions also
must be used in administering actions affecting bargaining unit
employees.

[]{#PtIVCh2secApar2 .anchor}**2. FILLING VACANCIES**

a\. **Reduction-in-Force Planning**

\(1\) Although management is not obligated to fill vacancies prior to or
during a \[RIF\], to the extent possible, necessary and continuing
vacancies will be used to provide placement opportunities for employees
who will be adversely impacted by \[a RIF\]. When management chooses to
offer vacancies using RIF procedures, qualifications may be waived in
accordance with 5 CFR 351.703. \[The Union will be given a written list
of current vacancies prior to employees being informed of a
reorganization.\]

\(2\) After a reorganization is announced in writing and prior to a RIF,
eligible employees may be allowed to volunteer to accept lower-graded
positions. Employees taking such positions will be granted grade and pay
retention if eligible. (See Pay Administration Directive and Handbook
5007 and 5 CFR\[, part\] 536\[,\] for guidance on grade and pay
retention eligibility.)

\(3\) Promotions or other placements into vacant positions prior to a
RIF which have greater promotion potential than employees\' current
positions must be made under competitive merit promotion procedures.

b\. **Offering Vacancies to Employees**

\(1\) During a \[RIF\], to the extent possible, vacancies may be used to
satisfy employees\' assignment rights in accordance with 5 CFR 351.201.

\(2\) Employees without assignment rights who have received specific
\[RIF\] separation notices may be offered vacant, lower-grade positions
without regard to the three-grade level limit which applies to bump and
retreat. These offers may be made so long as the position would not
constitute a better RIF offer to other competing employees. Eligible
employees who voluntarily accept lower-graded positions will be entitled
to grade and pay retention benefits.

[]{#PtIVCh2secApar3 .anchor}**3. DELEGATIONS OF AUTHORITY**

a\. The Secretary, or designee(s), will approve \[RIF\] act\[RIF\]ions
involving positions centralized to the Secretary and all furloughs.

b\. \[Under Secretaries,\] Assistant Secretaries, \[Other Key
Officials\], or their designee(s), with the advice and assistance of the
Office of Human Resources Management and Labor Relations, will approve
all other actions within \[VACO\] elements under their jurisdiction, and
within field facilities under the\[ir\] jurisdiction requiring \[VACO\]
approval.

c\. Field facility directors will approve all \[RIF\] actions within
their respective jurisdictions unless the action involves a centralized
position or separating an employee without an assignment offer.

[]{#PtIVCh2secApar4 .anchor}**4. REQUESTS TO TAKE ACTION**

a\. **Reduction in Force.** Field facility directors will submit a
request, through channels and the Office of Human Resources Management
and Labor Relations \[ \], to the appropriate official listed in VA
Directive 5005 before proceeding with \[RIFs\] that involve a
centralized position or separating an employee without an assignment
offer. This authority may be redelegated by officials listed in
paragraph 3 \[ \]. The Under Secretary for Health has delegated \[RIF\]
authority as specified in appendix IV-B. Information regarding
submitting proposed RIFs is provided on the [OHRM&LR Web
site.]{.underline} The request will include the following information.

\(1\) The reasons(s), among those in 5 CFR 351.201(a)(2), for the
action;

\(2\) The titles, series, grades, and numbers of all involved positions;

\(3\) If the \[RIF\] occurs in a research project, the name of the
project and principal investigator.

b\. **Transfer of Function.** Field facility directors will submit a
request, through channels and the Office of Human Resources Management
and Labor Relations \[ \], to the appropriate official listed in VA
Directive 5005 before they separate or include in a concurrent \[RIF\]
employees who decline to transfer with their functions. The request will
include the information in subparagraph 4a(2) \[ \].

c\. **Furlough.** \[Under Secretaries,\] Assistant Secretaries, \[Other
Key Officials,\] and field facility directors will submit a request,
through channels and the Office of Human Resources Management and Labor
Relations \[ \], to the Secretary before proceeding with a furlough,
whether under adverse action or \[RIF\] procedures. The request will
include a description of the temporary conditions warranting a furlough,
the information in paragraph 4a \[ \], the proposed length of the
furlough, including the beginning and ending dates, and any alternatives
to furloughs that were considered. Requests for adverse action furloughs
also will identify the method used to select employees for furlough.

d\. **Voluntary Early Retirement Authority (VERA).** The Deputy
Assistant Secretary for Human Resources Management and Labor Relations
is authorized to request VERA from \[OPM\]. The request must meet the
criteria and include the information required by OPM. \[Under
Secretaries\], Assistant Secretaries, \[and Other Key Officials\] will
submit conforming plans, through channels, to the Office of Human
Resources Management and Labor Relations \[ \]. Each facility authorized
and utilizing VERA will establish and maintain a local VERA plan
consistent with VA plans and OPM requirements.

# SECTION B. COMPETITIVE AREAS

[]{#PtIVCh2secBpar1 .anchor}**1. STANDARD COMPETITIVE AREAS**

a\. **Field Positions**

\(1\) Normally, each VA facility under separate managerial authority,
e.g., medical center, independent outpatient clinic, regional office,
cemetery, and data processing center and its satellite positions and
activities within the commuting area, constitutes a competitive area.

\(2\) Satellite positions and activities outside the commuting area of
their parent facilities, e.g., Veteran Representatives on campus,
satellite outpatient clinics, \"vet centers,\" also constitute separate
competitive areas for each commuting area.

\(3\) When two or more installations in the same administration or staff
office in a local commuting area have a single organizational unit which
provides \"common service\" functions, such as Human Resources, finance,
or supply, the servicing office is included in the competitive area of
the installation that has administrative authority over the servicing
office.

\(4\) A field element of an administration or staff office which is
located at and serviced by a VA facility, but under separate managerial
and appointing authority, constitutes a separate competitive area. \[An
e\]xample \[would be\] Regional Counsel offices at regional offices and
medical centers \[ \].

\(5\) Positions in the field for which employment matters are
centralized to \[VACO\], such as associate directors and division
chiefs, are included in the competitive area of the local facility.

\(6\) Different funding sources alone is no basis for establishing
separate competitive areas.

b\. **Central Office Positions**

\(1\) The Office of the Secretary \[ \] and each office of an \[Under
Secretary\], Assistant Secretary, \[or Other Key Official,\] constitute
separate competitive areas.

\(2\) \[VACO\] employees with a duty station outside of the Washington,
DC, metropolitan area, such as information specialists in the Office of
Public Affairs and resident engineers in the Office of Facilities, are
in separate competitive areas for each administration or staff office
and each commuting area. They are not included in the Washington, DC,
competitive areas or in any other competitive areas in their commuting
areas.

\(3\) Positions in the Office of Inspector General (OIG) may not be
placed in the same competitive area as positions outside the OIG.

[]{#PtIVCh2secBpar2 .anchor}**2. AUTHORITY TO REDEFINE COMPETITIVE
AREAS.** \[Under Secretaries\], Assistant Secretaries, \[and Other Key
Officials,\] with the advice and assistance of the Office of Human
Resources Management and Labor Relations \[ \], may redefine competitive
areas for organizations under their

jurisdictions, provided such redefinition\[ \]s are in accordance with 5
CFR \[, part\] 351, fully justified, and documented to ensure that such
action is clearly in the best interest of VA. The Under Secretary for
Health has delegated authority to redefine competitive areas as
specified in appendix IV-C.

# SECTION C. COMPETITIVE LEVELS AND RETENTION STANDING

[]{#PtIVCh2secCpar1 .anchor}**1.** **ESTABLISHMENT OF COMPETITIVE
LEVELS.** Human Resources Management Officers (HRMOs) are responsible
for assigning competitive levels \[ \].

\[a. Within each competitive area, the HRMO, or designee, groups
interchangeable positions into competitive levels. A competitive level
includes positions with the same grade, series, qualification
requirements, duties, and work schedule. Competitive and excepted
service positions are placed on separate competitive levels. Separate
competitive levels are also established for positions that are
full-time, part-time, intermittent, seasonal, on-call, or filled as part
of a formally designated trainee or developmental program. The
competitive level is based on each employee's position description, or
functional statement for those positions that do not have position
descriptions, not on personal qualifications. Positions that are similar
(for example, same grade, series, qualifications, and work schedule) but
are not identical (for example, slightly different duties), may be
placed in the same competitive level if the employee of one position
could satisfactorily perform the critical tasks of the other position
within 90 days.

b\. Competitive service employees with time-limited appointments of 1
year or less and temporary excepted service employees who have served 1
year or less are not listed in a competitive level. These employees are
terminated before any employee covered by OPM retention regulations is
reached for a RIF action. Temporary excepted service employees who are
employed under a temporary appointment limited to 1 year or less, but
who have completed 1 year of current continuous service under a
temporary appointment with no break in service of 1 workday or more, are
placed in a competitive level.\]

[]{#PtIVCh2secCpar2 .anchor}**2.** **CREDIT FOR PERFORMANCE**

a\. \[The annual summary performance ratings of record are the official
ratings used for crediting performance during a RIF.\] Guidance on
processing annual performance ratings of record

\[ \] is contained in VA Directive and Handbook 5013, Performance
Management Systems. \[Additional guidance on the a\]nnual performance
rating crediting procedures to be used for retention service credit is\]
contained in 5 CFR 351.504 and \[sub\]paragraph\[s 2b through 2g of this
section\].

b\. \[VA is required to treat all employees within a RIF competitive
area in a uniform and consistent manner. Any competing employee
receiving a Satisfactory or equivalent performance rating, such as
Successful under a two-level performance plan will receive 12 years of
additional service credit; any competing employee receiving an Excellent
(or equivalent) rating will receive 16 years of additional service
credit; and any employee receiving an Outstanding (or equivalent) rating
will receive 20 years of additional service credit. The same service
credit is granted regardless of the agency or organization that issued
the rating\].

c\. \[In crediting performance for RIF purposes, the "look-back" period
of 4 years applies. The latest three ratings will be used to determine
performance credit. These latest three ratings of record will be added
together by the years of service credit assigned to these ratings and
divided by 3 to determine additional service credit\[, which will then
be added to the employee's service computation date\].

d\. \[Under provisions of 5 CFR 351.504(c)(2), an employee who has
received only one or two ratings during the 4-year period shall receive
credit for performance on the basis of the ratings of record

received divided by 1 or 2. For example, when only two ratings of record
are available to be credited, these two ratings will be added together
and divided by 2 (and rounded in the case of a fraction to the next
higher whole number) to determine additional service credit. If there is
only one rating of record available, use the value assigned to that
rating for service crediting purposes\].

e\. \[OPM has determined that an employee who has no rating of record
during the 4-year period will receive the "modal" rating, i.e., the
rating pattern most often received by VA employees. However, in most
instances, every employee in the competitive area would have at least
one rating of record during the last 4 years. If at least one rating
exists, a "modal" rating will not be required\].

f\. \[Some agencies and organizations within the Federal government are
not covered by the performance appraisal provisions in the law and
regulations. Employees who have received ratings from such Federal
organizations will be granted additional retention service credit in a
RIF only when it is determined that those performance ratings are
equivalent ratings of record under the provisions of

5 CFR 430.201(c). The Human Resources Officer or the RIF Team Leader
will make the final determination on applicability. If the performance
evaluation qualifies as an equivalent rating of record, the employee
will be granted the appropriate service credit for each applicable
rating of record\].

\[ \]

g\. \[The cutoff date for performance ratings of record will be between
30 and 45 days prior to the date of the specific RIF notice. After the
cutoff date, no new ratings will be put on record for RIF service credit
purposes\].

\[ \]

[]{#PtIVCh2secCpar3 .anchor}**3.** **ORDER OF RELEASE FROM COMPETITIVE
LEVELS.** No competing employee will be released from a competitive
level while retaining in that level an employee with a specifically
limited temporary appointment, a specifically limited temporary or term
promotion, or a written decision of a performance-based removal or
demotion from the competitive level. Once such employees have been
released, competing employees will be released in inverse order of
retention standing except as provided in this section, paragraphs 4 and
5 \[of this section\].

[]{#PtIVCh2secCpar4 .anchor}**4.** **TIES.** As permitted by 5 CFR
351.601(b), the operating official who would normally make the selection
for the position being filled will determine, on the basis of
qualifications for the specific position, which employee(s) will be
retained when two or more employees on a retention register are tied.
Employees who will not be retained will be notified in writing of the
tie and the decision that they will not be retained.

[]{#PtIVCh2secCpar5 .anchor}**5.** **EXCEPTIONS TO RETENTION ORDER**

a\. Holders of the Congressional Medal of Honor employed as Contact
Representatives (Veterans Benefits Counselors) under authority of
Executive Order 9628 are exempted from \[RIF\].

b\. An employee who is being assigned to a position which will not be
vacated until after the end of the 60-day notice period may be retained
in his/her current position until the position becomes available but not
to exceed 60 additional calendar days.

c\. As permitted in 5 CFR 351.608, employees who have been reached for
\[a RIF\] (separation) will be retained as a temporary exception to the
retention order under the following conditions:

\(1\) An employee whose disability retirement has been approved by OPM
will be separated when the person\'s earned sick leave is exhausted or
on the date OPM approval is received, whichever is later.

\(2\) An employee who applies for disability retirement (or for whom VA
has made such application) will be granted sick leave provided the
responsible VA official agrees, on the basis of acceptable medical
evidence, that the employee is incapacitated for duty in his/her present
position. If OPM disapproves the request for disability retirement, the
employee will be separated on the day VA is notified of the disapproval
or on the scheduled effective date of the \[RIF\], whichever is later.
If OPM has not approved or disapproved the application for disability
retirement by the time the employee\'s earned sick leave has been
exhausted, the employee will be separated at that time or on the
scheduled effective date of the \[RIF\], whichever is later.

d\. Field facility directors may approve temporary exceptions in the
normal retention order for employees under their jurisdiction in other
cases involving sickness, disability, or other issues covered by 5 CFR
351.608, such as near-term retirement eligibility. The Secretary,
\[Under Secretaries\], Assistant Secretaries, \[Other Key Officials\],
or their designee(s), may approve such exceptions for \[VACO\] employees
and for employees located at field facilities who are not under the
managerial authority of a field facility \[D\]irector.

e\. These officials are also authorized to approve temporary exceptions
in the normal retention order for 90 days or less to continue an
activity without undue interruption as described in 5 CFR 351.203.
\"Undue interruption\" does not mean mere inconvenience. Serious
inconvenience and even severe interruption of the work program are often
the unavoidable results of \[a RIF\]. A work program probably would not
be unduly interrupted if an employee needed more than 90 days after the
\[RIF\] to successfully perform the critical elements of a position.
Lower priority programs might tolerate a longer interruption.

f\. If an exception is approved in one case in a particular \[RIF\], it
must be applied to all other employees reached for separation in that
\[RIF\] who meet the same criteria.

# SECTION D. ASSIGNMENT RIGHTS

[]{#PtIVCh2secDpar1 .anchor}**1.** **QUALIFICATIONS DETERMINATIONS.**
Human Resources Management Officers determine whether employees are
qualified for specific positions to which they can be assigned in \[a
RIF\]. Qualification requirements may be waived to the extent permitted
by 5 CFR 351.703, when filling a vacant position during a \[RIF\]. Such
waivers are not permitted for \[RIF\] displacements.

[]{#PtIVCh2secDpar2 .anchor}**2.** **ADMINISTRATIVE ASSIGNMENTS.** The
following administrative assignment rights are granted to affected VA
employees consistent with 5 CFR 351.705:

a\. **Other Competitive Areas.** Group III employees in other
competitive areas in the local commuting area will be displaced to
provide assignment opportunities for VA employees who (1) are in Group I
or Group II; (2) have received a notice of impending \[RIF\] separation
or who have declined an offer to transfer with their current competitive
area; and (3) meet the qualification standards and are available for
positions held by Group III employees at grade levels not higher than
the grade levels held at the time of receipt of \[RIF\] notices.

b\. **Attorneys.** Attorneys appointed under Schedule A, \[5 CFR\]
213.3102(d) who are reached for release from their competitive area
\[are entitled to other positions in the same competitive area\] which
are encumbered by Schedule A, \[5 CFR\] 213.3102(d) appointees whom they
can displace by \"bump\" or \"retreat\" as defined by 5 CFR 351.701.

c\. **Employees Appointed under 38 U.S.C. 7401(3)** \[**and
7405(a)(1)(B)**\]**.** Employees appointed under 38 U.S.C. 7401(3) \[and
non-temporary employees appointed under 7405(a)(1)(B)\] who are reached
for release from their competitive levels are entitled to other
positions in the same competitive area which are encumbered by \[ \]
7401(3) appointees \[and 7405(a)(1)(B) appointees, respectively,\] whom
they can displace by \"bump\" or \"retreat.\"

d\. **Veterans Canteen Service Employees.** Employees of the Veterans
Canteen Service appointed under 38 U.S.C. 7802 who are reached for
release from their competitive levels are entitled to other positions in
the same competitive area which are encumbered by 38 U.S.C. 7802
appointees whom they can displace by \"bump\" or \"retreat.\"

# SECTION E. EMPLOYEE NOTICES

[]{#PtIVCh2secEpar1 .anchor}1. GENERAL. Employees will be given advance
official information concerning decisions which may result in their
being affected by \[a RIF\]. This information will be written and will
include\[:\] the reasons for the required adjustments, such as lack of
work or funds, reorganization, or a realignment of functions\[;\] the
competitive area\[;\] where the employee may inspect the pertinent
regulations\[;\] and \[whom\] to contact about assistance available for
affected employees.

[]{#PtIVCh2secEpar2 .anchor}**2.** **SPECIFIC NOTICES.** Whether or not
other notices are used, each affected employee must be given a specific
notice of the proposed action. Notice periods and contents are described
in \[5\] CFR\[,\] part 351.

# SECTION F. FURLOUGHS

[]{#PtIVCh2secFpar1 .anchor}**1.** **GENERAL.** Furloughs are
appropriate to address temporary conditions when it is intended to
recall employees to duty. The determination as to which employees are
furloughed will be based on an assessment of which assignments are
critical to the continuing operation of the organization during the
furlough. When feasible, furloughs will be spread out among employees in
affected competitive levels to minimize the impact on each employee and
the disruption of VA activities. All employees shall be accorded fair
and equitable treatment consistent with this policy.

[]{#PtIVCh2secFpar2 .anchor}**2. USE OF ADVERSE ACTION PROCEDURES.**
Furloughs of 30 days (22 workdays) or less are adverse actions and
should be processed in accordance with VA Directive and Handbook 5021,
Employee Management Relations. The guidance in this chapter on requests
for furlough authority, appropriate uses of furlough, and identification
of employees for furloughs will apply to these actions.

[]{#PtIVCh2secFpar3 .anchor}**3. USE OF RIF PROCEDURES.** \[RIF\]
procedures must be followed to furlough an employee for more than 30
consecutive days (or more than 22 workdays if done on a discontinuous
basis).

[]{#PtIVCh2secFpar4 .anchor}**4. WRITTEN NOTICE TO EMPLOYEES.**
Ordinarily, employees will be given 30 or 60 calendar days advance
written notice of a furlough depending on the length of furlough
(whether the furlough is an adverse action or a RIF-based action).
However, employees may be furloughed during emergencies without the
usual advance notice and opportunity to reply. Emergency situations are
restricted to very narrow circumstances such as furloughs to avoid
violating the Anti-deficiency Act, which prohibits using funds when
appropriations have not been enacted. The written notice shall advise
the employee of:

a\. The reason(s) for the furlough;

b\. The effective date(s) and expected duration of the furlough;

c\. The process used - either adverse action or RIF (see requirements
for RIF notices as well)\[;\]

d\. If applicable, the circumstances which warrant waiver of the notice
period;

e\. When only some of the employees in an organizational unit are to be
furloughed, the basis for identifying the employees to be furloughed;

f\. The place where the employee may inspect the applicable regulations
and records;

g\. The employee\'s right to reply in writing and time allowed for
reply;

h\. The employee\'s right to grieve or appeal, as appropriate; and

i\. Any effects of the furlough on the employee\'s entitlement to
retirement, life and health insurance, and other benefits.

[]{#PtIVCh2secFpar5 .anchor}**5. EMPLOYEE PREFERENCES.** For furloughs
of 30 days or less, management will consider employee preferences, e.g.,
to work a shorter prorated week or to be furloughed for a certain number
of consecutive days, in scheduling the furlough.

[]{#PtIVCh2secFpar6 .anchor}**6. FURLOUGH DURATION LIMITATIONS.**
Competing employees may not be furloughed for more than \[1\] year. If
employees must be released for more than \[1\] year, \[RIF\] procedures
must be used.

# SECTION G. TRANSFER\[S\] OF FUNCTION

[]{#PtIVCh2secGpar1 .anchor}**1. GENERAL.** A transfer of function
occurs when the function wholly leaves one competitive area and moves to
another competitive area that does not already perform that same
function. When the number of employees who are willing to transfer and
who are in a competitive level within a transferring function exceeds
the needs of the gaining competitive area and \[RIF\] procedures are
used to relieve the surplus, these procedures will normally be applied
at the gaining location. Any use of \[RIF\] procedures in the losing
competitive area (except for actions unrelated to the transfer of
function) will require the prior authorization of the appropriate
\[Under Secretaries\], Assistant Secretaries, \[and/or Other Key
Officials\].

**NOTE:** *For a more complete explanation of procedures and employee
rights in transfer of function, see*

*5 CFR\[, part\] 351, subpart C, and OPM Restructuring Information
Handbook, Module 4.*

[]{#PtIVCh2secGpar2 .anchor}**2. PROCEDURES**

a\. For planning purposes, employees occupying positions in a
transferring function will be asked in writing if they are interested in
transferring, and will be given \[one (1) full pay period\] to respond.

b\. If a \[RIF\] is necessary at the gaining facility as a result of the
transfer of function, employees occupying positions in the transferring
function will be considered to be employees of the receiving
organization and will be placed in appropriate consolidated competitive
levels. They will not be physically moved to the new commuting area
until a specific assignment is determined.

c\. \[A\]ppropriate notices will be issued by the losing facility and
will include information on specific assignments, pay and grade
retention, and payment for travel and transportation costs. If there is
a \[RIF\] involved in the transfer of function, the gaining facility
will issue the notices. Separation actions that may result will be
processed by the losing facility.

d\. Career or career-conditional employees who are separated are
eligible for placement assistance under the programs described in 5
CFR\[, part\] 330\[,\] and this handbook. Also, those meeting the
requirements will be entered on the reemployment priority lists in the
commuting area of the office that issued the notice resulting in the
separation.

# SECTION H. APPEALS AND GRIEVANCES

[]{#PtIVCh2secHpar1 .anchor}**1. NOTIFICATION TO EMPLOYEES.** Affected
employees will be advised in writing of their grievance and appeal
rights at the time specific actions are communicated, consistent with
regulatory requirements.

[]{#PtIVCh2secHpar2 .anchor}**2. PETITIONS FOR REVIEW BY THE MERIT
SYSTEMS PROTECTION BOARD.** An employee, the Department, or the Director
of OPM may file a petition for review of a\[n\] MSPB Regional Office
decision with the MSPB. Department petitions for review will be
coordinated \[through the Office of General Counsel\] and submitted by
the Deputy Assistant Secretary for Human Resources Management and Labor
Relations \[ \]. Field facilities will expedite transmission of MSPB
Regional Office decisions to \[OHRM&LR\] to assure that Department
petitions, if appropriate, are submitted on a timely basis.

# SECTION I. PLACEMENT ASSISTANCE AND CAREER TRANSITION

[]{#PtIVCh2secIpar1 .anchor}**1.** **EMPLOYMENT RESTRICTIONS.** The
Federal government has established a regulatory framework in 5 CFR part
330, subparts G and H, regarding both placement assistance and
reemployment consideration of employees subject to RIFs and related
activities. This section addresses Federal and VA policies on placement
assistance and career transition.

a\. \[Under Secretaries\], Assistant Secretaries, \[and Other Key
Officials\] will determine, with the advice and assistance of the Deputy
Assistant Secretary for Human Resources Management and Labor Relations,
whether additional employment restrictions beyond those described herein
should be imposed on other facilities or areas to provide placement
opportunities for employees likely to be affected adversely by \[a
RIF\], transfer of function, or other reorganizations. If it is
determined that employment restrictions across organizational lines are
needed to provide sufficient placement assistance opportunities, the
\[Under Secretaries\], Assistant Secretaries, \[or Other Key Officials\]
of the potentially affected facility or organization\[,\] or the
Secretary\[,\] will approve the extension of employment restrictions.

b\. Efforts should be made to identify the specific grades and series of
positions for which affected employees qualify, and to apply employment
restrictions only to those specific vacancies.

[]{#PtIVCh2secIpar2 .anchor}**2. OPERATIONAL REQUIREMENTS FOR CAREER
TRANSITION ASSISTANCE**

a\. The **facility Director** shall:

\(1\) Establish and implement local **Career Transition Assistance Plans
(CTAP**), in partnership with local labor organizations, and;

\(2\) Ensure that their affected employees receive required and other
appropriate and timely notification of the availability of local career
transition assistance. (\[S\]ee this directive and handbook, as well as
5 CFR, parts 330 and 351\[.\])\[ \]

b\. The **Human Resources Management Officer** shall:

\(1\) Ensure that all displaced and surplus employees in the local
commuting area have the opportunity to apply for vacancies lasting 121
days or more;

\(2\) Where there is more than one \[ \]HRMO\[ \] in the local commuting
area, these HRMOs will establish local procedures for exchange of
pertinent information, including the existence of any VA displaced and
surplus employees;

\(3\) Determine, in consultation with subject matter experts as
appropriate, whether displaced and surplus applicants/employees are
\"well-qualified\" for vacancies to which they have applied, and provide
documented \"qualification reviews\" to \[such\] persons wh\[o are\]
otherwise "eligible" \[but have been\] determined to be \"not
well-qualified\[\"\];\[ \]

\(4\) Ensure that eligible \"well-qualified\" VA displaced and surplus
applicants/employees receive appropriate special selection priority when
they are referred to selecting officials;

\(5\) Operate the Reemployment Priority List (RPL) for eligible
separated VA employees;

\(6\) Maintain records of VA CTAP and Interagency Career Transition
Assistance Plan (ICTAP) activities \[ \]; and

\(7\) Ensure that each impacted employee receives \[information on
career transition\].

[]{#PtIVCh2secIpar3 .anchor}**3. DEFINITIONS FOR CTAP**

a\. **Agency.** An Executive department, a Government corporation, and
an \[i\]ndependent establishment as cited in 5 U.S.C.\[, s\]ections \[
\] 101, 103 and 104.

b\. **Bargaining Unit.** A group of employees recognized by the employer
and designated by the Federal Labor Relations Authority as appropriate
to be represented by a labor organization for purposes of collective
bargaining.

c\. **Certification of Expected Separation (CES).** A memorandum which
identifies an employee as being in an excess organization or occupation
and therefore subject to possible separation. An employee in receipt of
such a memorandum is considered a surplus employee. A CES would most
appropriately be used in cases when entire units are expected to be
abolished and can be issued up to 6 months prior to separation. This
makes such employees eligible for the full range of VA CTAP services and
assistance under this directive and handbook.

d\. **Displaced Employee**

\(1\) **Under CTAP.** A current agency employee \[ \] who has received a
\[ \]RIF\[ \] separation notice \[or notice of proposed removal for
declining a directed reassignment or transfer of function outside of the
local commuting area, if serving *either* on an appointment in the
competitive service in tenure group I or II, *or* on an appointment in
the excepted service without time limit and who has been given statutory
noncompetitive appointment eligibility and selection priority for
competitive service positions\].

\(2\) **Under the** \[ \]**ICTAP**\[ \]

\(a\) 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;

\(b\) 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, U.S. Code, whose compensation has
been terminated and whose former agency is unable to place the
individual as required by 5 CFR, part 353;

\(c\) 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, U.S. Code, whose disability annuity
has been or is being terminated;

\(d\) 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 \[RIF\] or under the discontinued
service retirement option;

\(e\) A former career or career-conditional competitive service
employee, in tenure group I or II, who \[was\] separated because he/she
declined a transfer of function or directed reassignment to another
commuting area; \[ \]

\(f\) 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, U.S. Code, as described in 5 CFR,
part 330, subpart H\[;

\(g\) A current agency employee who is in receipt of a RIF separation
notice or notice of proposed removal for declining a transfer of
function or directed reassignment outside of the local commuting area,
if serving on an appointment in the excepted service without time limit
and has been given statutory noncompetitive appointment eligibility and
selection priority for competitive service positions; and

\(h\) A former agency employee who has been separated through RIF or
removed for declining a transfer of function or directed reassignment
outside of the local commuting area, who served on an appointment in the
excepted service without time limit and has been given statutory
noncompetitive appointment eligibility and selection priority for
competitive service positions.\]

e\. **Eligible Employee.** To be eligible for special selection priority
under these procedures, an individual must meet all of the following
conditions:

\(1\) Is a surplus or displaced employee as defined in 5 CFR 330.604(c)
\[or (i),\] or 5 CFR 330.703(b);

\(2\) 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 established
timeframe \[and provides proof of eligibility as required under 5 CFR
330.608(a)(2) or 330.708(a)(2)\];

\(6\) Is determined by the agency to be well-qualified for the specific
vacancy.

f\. **Facility.** A single medical center, regional office, automation
center, other \[D\]epartment field establishment under the direction of
local management officials or \[VACO\]. The facility includes any
operation (e.g., a satellite) or complex of organizations that is under
the control of the same facility \[D\]irector.

g\. \[ \]**ICTAP**\[ \]**.** The \[OPM\] program which provides special
selection priority to other displaced Federal employees when filling
vacancies from outside of VA.

h\. **Labor Union.** An organization composed, in whole or in part, of
employees in which these employees participate and pay dues, and which
has as a purpose the dealing with an agency concerning grievances and
conditions of employment.

i\. **Local Commuting Area*.*** The geographic area that usually
constitutes one area for employment purposes. 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.

j\. **Qualification Review.** The documented analysis by the responsible
\[HRMO\] of the rationale for a determination of \"not well-qualified\"
for an otherwise eligible applicant.

k\. **Selecting Official.** That individual with the authority to choose
from among candidates for a vacancy.

l\. **Special Selection Priority.** The precedence over any other
candidates that eligible employees have for being chosen for vacancies
for which they apply. **[Exception]{.underline}** - No VA CTAP special
selection priority can be made which would cause another VA employee to
be separated by \[RIF\]. See Appendix IV-A of this handbook for those
staffing actions [not covered]{.underline} by the VA \[CTAP\].

m\. \[**Suitability.** Determinations based on an individual's character
or conduct that may impact the efficiency of the service by jeopardizing
an agency's accomplishments of its duties or responsibilities, or by
interfering with or preventing effective service in the competitive,
excepted, oe SES position applied for or employed in, and determinations
that there is a statutory or regulatory bar to employment.\]

n\. \[**Surplus Employee.** A current employee serving under an
appointment in the competitive service as well as excepted employees in
schedules A and B, in tenure group I or II, who has received a \[CES\]
or other certification issued by the agency which identifies the
employee as being in an excess organization or occupation\].

o\. \[**Vacancy.** A competitive service position lasting 121 days or
more including extensions, which is being filled, regardless of whether
a specific vacancy announcement is issued\].

p\. \[**Vacancy Announcement.** The notice of a vacancy which ensures
that eligible displaced and surplus employees in the local commuting
area have the opportunity to apply and which conveys what is required to
be determined as \"well-qualified.\"\]

\[q\]. **Well-Qualified Employee.** An eligible applicant who:

\(1\) Meets the qualification standard and eligibility requirements for
the position, including any medical qualifications\[, suitability,\] and
minimum educational and experience requirements;

\(2\) Meets all selective factors, where applicable, and appropriate
quality ranking factor levels. Selective and quality ranking factors
cannot be so restrictive that they run counter to the goal of
placingdisplaced employees. In the absence of selective and quality
ranking factors, \[HRMOs\], with appropriate consultation, will document
the job-related reason(s) the eligible employee is or is not considered
to be well-qualified;

\(3\) Is physically qualified, with reasonable accommodation where
necessary, to perform the essential duties of the position;

\(4\) Meets any special qualifying condition(s) that OPM has approved
for the position, and;

\(5\) Is able to satisfactorily perform the duties of the vacancy upon
entry.

\[**Note:** The qualification level required for placement under CTAP
and ICTAP, well-qualified, is greater than the qualification level
required for placement under reduction in force procedures, minimally
qualified.\]

[]{#PtIVCh2secIpar4 .anchor}**4. CAREER TRANSITION ASSISTANCE
SERVICES.** \[These services a\]re to be provided to VA employees who
either have been or are likely to be separated from Federal service due
to downsizing. The goal of such services is to assist VA employees in
taking charge of their own careers by providing them with the support
they need to find other job opportunities, either with government or in
the private sector. In VA, under these procedures, transition assistance
services will be available to impacted permanent \[title 5\] competitive
and excepted service employees as well as similarly tenured title 38
hybrid employees\[.\] (\[S\]ee chapter 3 for title 38 employees\[.\])\[
\] Special selection priority, when filling competitive service
vacancies, will be available to displaced and surplus competitive
service employees. A key feature of the CTAP is that employees must
exercise individual initiative in pursuing other employment, both within
and outside of the Federal government. Therefore, managers and
supervisors, in their administration of the VA CTAP\[,\] should be
sensitive to the needs of impacted employees and should approve requests
for reasonable excused absence to use career transition services.

[]{#PtIVCh2secIpar5 .anchor}**5. SPECIFIC VA CAREER TRANSITION**
\[**ASSISTANCE**\] **SERVICES.** Such services will be offered by
facilities to all permanent competitive and non-time limited excepted
service and Senior Executive Service employees affected by downsizing.
These resources will assist employees in pursuing employment both within
or outside the Federal \[g\]overnment and in managing the change
process.

a\. **Required Services.** The following must be offered to impacted
employees:

\(1\) Resume writing;

\(2\) Interviewing skills/techniques;

\(3\) Training in preparing applications that address vacancy
announcement rating factors;

\(4\) Skills assessment/counseling;

\(5\) Retirement counseling/training;

\(6\) Employee benefits counseling/training;

\(7\) Financial planning/training;

\(8\) Job search skills;

\(9\) Stress management;

\(10\) Basic library of job search materials;

\(11\) Access to the\[OPM\]'s USAJOBS;

\(12\) Training in the use of career transition services for employees,
managers, supervisors and union representatives; and

\(13\) Basic computer training beyond that needed to facilitate use of
transition services.

b\. **Other Requirements**

\(1\) Employees will be allowed reasonable excused absence to use
transition services and facilities.

\(2\) Separated employees will be allowed reasonable access and time to
use transition services and facilities.

\(3\) Access to services will be provided to employees in field offices
and remote sites and those with disabilities.

\(4\) Facilities will make full use of Employee Assistance Programs.

\(5\) Facilities will provide employees with resource information on
other forms of Federal, state, and local assistance which are available
to support career transition for employees with disabilities.

c\. **Highly Desirable Services.** In addition to services which must be
offered to affected employees are services which, although not required,
may be highly desirable in some instances.

\(1\) \"Survivor training\[,\]\" and/or counseling, for those who will
remain in the new organization to help them adjust to changes brought
about by downsizing;

\(2\) Team building;

\(3\) Counseling for families of impacted employees;

\(4\) Training in the new organizational structure, and;

\(5\) Job retraining where time and resources permit. This is
appropriate in restructuring reductions where numbers in some
occupations will be increasing.

d\. **Methods of Providing Services.** Career transition assistance
services may be delivered in a variety of ways. Facilities may, for
example, wish to pool resources for particular services. Facilities
should contact organizations, both government and private sector, to
learn what techniques and options are effective in the local area.

[]{#PtIVCh2secIpar6 .anchor}**6. SPECIAL SELECTION PRIORITY FOR VA
EMPLOYEES**

a\. Special selection priority means that an eligible "well-qualified"
applicant (one who applies and meets criteria under the \[VA CTAP\])
must be selected. Since \[VA\] displaced and surplus employees must
apply for specific vacancies, it is therefore necessary that vacancy
announcements be distributed so that they have an opportunity to apply.
The VA \[CTAP\] is designed to maximize employment opportunities for
displaced and surplus VA employees who, through no fault of their own,
are adversely affected by VA restructuring and downsizing.

b\. Surplus and displaced VA employees who apply for VA vacancies in
their local commuting area at their current grade or a lower grade with
no higher promotion potential than their current grade, and who are
determined to be well-qualified for such position, must be selected.
These employees are the first selection priority for VA vacancies. (See
Order of Selection and Consideration in appendix IV-A.)

\(1\) **Announcement of Vacancies.** The Plan depends on the
announcement of vacancies in order that VA CTAP eligibles have the
opportunity to apply. Vacancy announcements should be forwarded for
appropriate distribution by HRMOs at other VA facilities in the local
commuting area. In those instances where vacancies are not announced,
e.g., in anticipation of a reassignment within the facility, if
well-qualified eligibles apply in a timely manner\[,\] they must receive
special selection priority. \[(\]See appendix IV-A.\[)\]

\(2\) **Determining Well-Qualified.** The responsible \[HRMO\], in
consultation with subject matter experts, as required, will approve the
determination of \"well-qualified\" for each eligible applicant under
this program, using the criteria defined in paragraph 3. This official
will also notify eligibles of a determination of \"not well-qualified,\"
and maintain documentation of the basis for this determination.

\(3\) **Notification Procedures.** Employees will receive notification
of their eligibility for special selection priority under this program
with their specific notice of RIF separation, or in their \[ \]CES\[ \]
or other certification issued by the agency which identifies the
employee as being in an excess organization or occupation.

[]{#PtIVCh2secIpar7 .anchor}**7.** **REEMPLOYMENT PRIORITY CONSIDERATION
FOR SEPARATED VA EMPLOYEES.** VA employees who receive a specific RIF
notice of separation will be notified that they may register for the \[
\]**RPL**\[ \]. Registrants receive reemployment priority consideration
for positions in the local commuting area at the same grade or lower
than the position held at the time of separation. Registrants do not
have to re-apply for specific vacancies as in the case with current
surplus and displaced employees. Neither must they meet the test of
\"well-qualified.\" Where there is more than one \[HRM\] office in the
commuting area, the \[HRMOs\] will establish local procedures for
exchange of information

and the maintenance of a consolidated RPL. All facilities in the
commuting area are, consistent with 5 CFR, part 330, responsible for
assuring RPL registrants receive reemployment priority consideration for
all appropriate vacancies. If the selecting official tentatively
nonselects appropriately referred RPL registrants, that official must
obtain approval of the next higher level supervisor before considering
candidates from outside the facility. Registrants who were formerly
career-conditional tenured have \[1\] year of eligibility under the RPL
program\[;\] those who were formerly career tenured have \[2\] years of
eligibility.

[]{#PtIVCh2secIpar8 .anchor}**8. SPECIAL SELECTION PRIORITY FOR
DISPLACED CURRENT OR FORMER EMPLOYEES FROM OTHER FEDERAL AGENCIES.**
Displaced current or former employees from other Federal agencies are
entitled to have special selection priority under the \[ \]ICTAP\[ \]
when they apply through the OPM USAJOBS for VA vacancies at their
current or former grade level or with no higher potential, and is within
the local commuting area. VA facilities must place vacancies lasting 121
days or more on the OPM USAJOBS whenever they decide to recruit outside
VA. These employees or former employees who are determined to be
well-qualified must be selected prior to the selection of reinstatement
eligibles, transfer eligibles, from a civil service \[certificate\] of
eligibles or from other competitive sources. Such employees or former
employees have eligibility for \[1\] year following separation under
reduction-in-force procedures. They will be informed of the procedures
of ICTAP and their eligibility for it when they receive their specific
notices of separation.

\[ \]

[]{#PtIVCh2secIpar9 .anchor}\[**9**\]**. LABOR RELATIONS
RESPONSIBILITY.** Career transition procedures have been developed in
partnership with VA unions. These policies and procedures are not
intended to affect existing collective bargaining agreements until such
time as they are up for renegotiation. The parties to such agreements,
however, are free to negotiate those provisions that may be affected.
Local management shall meet its labor-management obligations at the
local level prior to implementation of local\[CTAPs\].

[]{#PtIVCh2secIpar10 .anchor}\[**10**\]**.** **EMPLOYEE RELATIONS
RESPONSIBILITIES AND RIGHTS.** Employees must exercise individual
initiative in pursuing other employment both within or outside the
Federal government. In order to exercise special selection priority,
eligible individuals must apply for specific vacancies in which they are
interested with proof of their eligibility. A determination of \"not
well-qualified\" is subject to a qualification review by the responsible
\[HRMO\]. Further dispute regarding such determination may be considered
under appropriate procedures.

# CHAPTER 3. TITLE 38 ASSIGNMENTS, STAFF ADJUSTMENTS, AND FURLOUGHS

# 

# SECTION A. GENERAL

[]{#PtIVCh3secApar1 .anchor}**1. SCOPE.** Except as provided in
subparagraph \[1\]c \[ \], this \[chapter\] establishes procedures on:

a\. Assignments, reassignments, staff adjustments, and furloughs of
employees appointed under title 38, \[ \]U.S.C.\[ \] 7306, 7401(1),
7405, and 7406; and

b\. Assignments of hybrid title 38 employees appointed under 38 U.S.C.
7401(3).

c\. This \[chapter\] does not apply to:

\(1\) Transfers for performance or conduct under 38 U.S.C. 7461\[.\]
(\[S\]ee VA Directive and Handbook 5021\[.\])\[ \]

\(2\) Separation of employees who fail to accept a properly directed
transfer or reassignment based on disciplinary or performance
reasons\[.\] (\[S\]ee VA Directive and Handbook 5021\[.\])\[ \]

\(3\) Furlough and \[RIF\] (including incident reassignments) of
\[hybrid\] employees appointed under 38 U.S.C. 7401(3) \[and
7405(a)(1)(B). (See chapter 2, this part.)\]

\(4\) Intermittent and fee basis employees appointed under 38 U.S.C.
7405.

\(5\) \[F\]ull- and part-time employees appointed under 38 U.S.C.
7405\[(a)(1)(A) and 7406 if excluded by the facility Director\].

[]{#PtIVCh3secApar2 .anchor}**2. REFERENCES**

a\. \[\"PAID Personnel Operating Instructions,\" VA Manual MP-6, Part V,
Supplement 1.5\].

b\. \[Title 38 U.S.C., Chapters 73 and 74\].

c\. \[VA Directive 5005\].

\[ \]

[]{#PtIVCh3secApar3 .anchor}**3. DEFINITIONS**

a\. **Assignment.** An assignment is a specified set of duties and
responsibilities.

b\. **Detail.** A detail is the temporary assignment of an employee to a
different set of duties for a specified period of time. There is no
formal position change; officially, employees continue to hold the
position from which they were detailed and keep the same status and pay.

c\. **Employee.** Unless otherwise specified, the term refers to
employees covered by this handbook.

d**. Furlough.** Placement of an employee in a temporary status without
duties or pay because of a lack of work, funds, or other nondisciplinary
reasons. Furloughs may be consecutive or

non\[-\]consecutive days.

e\. **Reassignment.** Reassignment is the temporary or permanent change:

\(1\) From one assignment to another under the same facility management
involving an official personnel action (the reassignment need not be in
the same commuting area); or

\(2\) From one assignment to another for reasons other than performance
or conduct and involving different facilities.

f\. **Staff Adjustment.** A staff adjustment is a formal procedure used
to modify organizations through changes in staff patterns or levels.

g\. **Transfer.** The movement of an employee from one facility to
another for performance or conduct reasons pursuant to 38 U.S.C. 7461.

[]{#PtIVCh3secApar4 .anchor}**4. POLICY**

a\. The authorities covered by this handbook are management tools which
are to be used to assist in the provision of quality health care
services in a cost efficient manner.

b\. Efforts will be made to mitigate the adverse effects of authorities
covered by this handbook. However, primary consideration will be given
to the efficient and effective accomplishment of the VA mission.

c\. Approving officials will make maximum use of an employee\['s\]
skills and capabilities; provide employees with opportunities for growth
and development; and consider any personal problems of affected
employees.

d\. Employees will only be assigned duties and responsibilities for
which they have appropriate credentials and there is a reasonable
expectation that they will be able to perform satisfactorily.

e\. Reassignments or changes of assignments requested by employees for
their own convenience will normally be given favorable consideration
when consistent with the needs of VHA.

f\. Local policies and procedures related to this handbook shall not be
developed or implemented without predecisional involvement of
Labor-Management Partnerships.

g\. Management officials are responsible for meeting the requirements of
subparagraph f \[ \] and their labor relations obligations related to
this handbook. This includes, but is not limited to, planning

and implementing staff adjustments and furloughs, reduction of the
advance notice period for staff adjustments, as well as the numbers and
types of employees to be affected.

\[ \]

# 

# SECTION B. ASSIGNMENTS, REASSIGNMENTS AND DETAILS

[]{#PtIVCh3secBpar1 .anchor}**1. CHANGES OF ASSIGNMENTS OTHER THAN
REASSIGNMENTS.** Bargaining unit employees dissatisfied with changes in
assignments may grieve the assignment under the negotiated grievance
procedure. Other employees may grieve using the following procedures:

a\. The employee may discuss the dissatisfaction with the official who
approved the change.

b\. If the employee feels that the explanation given is not
satisfactory, the employee may discuss the change of duty assignment
with the next level supervisor, or their designee.

c\. After giving full consideration to the employee\'s reasons for
dissatisfaction, the second level supervisor will advise the employee of
the final decision.

\[**Note:** Bargaining unit and non-bargaining unit employees may not
grieve changes in assignments under the agency grievance procedure. See
VA Handbook 5021, Part IV, Chapter 3, Paragraph 16x which excludes from
coverage "all matters for which review procedures are already
established in VA policy."\]

# 2. REASSIGNMENTS

a\. **Approval.** Officials are authorized to effect the reassignment of
employees in positions over which they have personnel management
approval authority. Reassignments are to be processed in accordance with
VA Manual MP-6, Part V, Supplement No. 1.5.

b\. **Reassignments for Reasons Other than Staff Adjustments**

\(1\) **Reassignments** \[**W**\]**ithin a Facility (and the**
\[**S\]ame** \[**C**\]**ommuting** \[**A**\]**rea).** Employees
dissatisfied with reassignments within a facility (and the same
commuting area), may express their dissatisfaction using the procedures
in paragraph 1 above. If multiple labor agreements are involved,
employees are to grieve under the procedures covering the position from
which the employee is being reassigned.

\(2\) **Involuntary Reassignments Outside the Commuting Area or to
Another VA Facility.** Employees shall be given a minimum of 30 days
advance written notice. The notice should include:

\(a\) The reason for the reassignment.

\(b\) Information about the specific assignment, location and proposed
effective date.

\(c\) A statement that employees may express their dissatisfaction
through their negotiated grievance procedures or the grievance
procedures in VA Directive and Handbook 5021.

**NOTE:** *If a grievance is filed, the approving official may delay the
reassignment until the grievance is resolved.*

\(d\) Notice that employees have an opportunity to accept or decline the
reassignment. This includes advising employees when and where their
decision is to be submitted.

\(e\) Notice that a declination or failure to make an election may
result in separation.

\(3\) **Declination of Reassignment or Failure to Make Election.**
Separations for declination of reassignment or failure to make an
election will be effected in accordance with the notice procedures in VA
Directive and Handbook 5021.

**NOTE**: *The specific advance notice in this chapter meets the 30 day
notice requirement in VA Directive and Handbook 5021. Employees are not
entitled to another 30 days notice prior to separation.*

c\. **Reassignments Based on Staff Adjustments.** See section C,
paragraph 4a, this chapter.

# 3. DETAILS

a\. Details will be limited to the shortest amount of time possible.

b\. Employees may be detailed to other assignments at their facility and
to other VA facilities.

c\. If a temporary reassignment rather than detail could benefit an
employee (e.g., recomputation of basic or special pay), consideration
should be given to temporarily reassigning an employee to the position.

**NOTE:** *For instructions concerning interagency details and
interagency loans and for temporary assignments under the
Intergovernmental Personnel Act of 1970, see part III of this handbook.*

d\. Any detail in excess of 30 days will be documented in accordance
with the provisions of OPM's Processing Personnel Actions Handbook and
MP-6, Part V, Supplement 1.5, subparagraph 300.08.

e\. Employees dissatisfied with a detail may express their
dissatisfaction using the procedures outlined in paragraph 1 of this
section.

[]{#PtIVCh3secCpar4 .anchor}**4. SPECIFIC ADVANCE NOTICE.** Employees
are entitled to a minimum of 30 days advance notice if they are to be
reassigned to another facility, reassigned to another commuting area, or
separated as a result of a staff adjustment. These actions may not,
however, be effected less than 60 days after the date of the general
advance notice unless an exception is approved under paragraph 5 below.

**NOTE:** *Actions other than separation or reassignment to other
facilities or commuting areas (e.g., internal reassignments, voluntary
changes from full- to part-time or changes in assignments) may be taken
without Specific Advance Notice to affected employees*.

a\. **Reassignments** \[**t**\]**o Another Facility or Commuting Area.**
The notice should include:

\(1\) The reason(s) for the reassignment.

\(2\) Information about the new assignment, its location, and the
effective date.

\(3\) A statement that employees covered by negotiated grievance
procedures may express their dissatisfaction through those procedures.
Other employees may grieve using the procedures in VA Directive and
Handbook 5021.

**NOTE:** *If a grievance is filed, approving officials may delay the
reassignment until the grievance is resolved.*

\(4\) An opportunity to accept or decline the reassignment.

\(5\) Notice that the employee may be separated in accordance with the
provisions of VA Directive and Handbook 5021 for failure to accept the
reassignment.

**NOTE**: *The specific advance notice in this handbook meets the 30 day
notice requirement in VA Handbook 5021. Employees are not entitled to
another 30 days notice prior to separation if they fail to accept the
reassignment.*

b\. **Separations.** The notice should include:

\(1\) The reasons for the staff adjustment.

\(2\) Notification that the employee has been determined to be in excess
of local needs.

\(3\) Notice that an assignment is not available and the employee will
be separated not less than 60 days from the date of the advance general
notice (unless an exception has been approved under paragraph 5 below).

\(4\) Information regarding outplacement activities.

\(5\) Notice that the separation may be canceled if an assignment
becomes available prior to the effective date of separation.

# SECTION D. TITLE 38 FURLOUGHS

[]{#PtIVCh3secDpar1 .anchor}**1.** **FURLOUGHS OF 30 DAYS OR LESS.**
Employees may be furloughed for 30 calendar days or less based on an
assessment of which assignments will be most critical to the continuing
operations of the organization during the period of furlough.

[]{#PtIVCh3secDpar2 .anchor}**2.** **FURLOUGHS OF MORE THAN 30 DAYS.**
Employees shall be identified for furloughs for more than 30 calendar
days in accordance with the procedures for identifying employees for
staff adjustment. (See \[chapter 2,\] section F, paragraph 3\[, Part
IV.)\]

[]{#PtIVCh3secDpar3 .anchor}**3. LENGTH OF NOTICE PERIOD**

a\. Whenever possible, employees will be given 30 calendar days advance
written notice.

b\. This notice period may be shortened or waived only in the event of
circumstances not controllable by Department officials, such as sudden
emergencies requiring immediate curtailment of activities.

[]{#PtIVCh3secDpar4 .anchor}**4. CONTENTS OF NOTICE.** The written
notice shall advise the employee of:

a\. The reason(s) for the furlough.

b\. The effective date(s) and expected duration of the furlough.

c\. The basis for identifying the employees to be furloughed when only
some of the employees in an organizational unit are to be furloughed.

d\. The circumstances which warrant waiver of the 30 day notice
requirement, if applicable.

e\. The place where the employee may inspect the applicable regulations
and records.

f\. The employee\'s right to appeal\[.\] (\[S\]ee paragraph 5\[.\])\[ \]

g\. Any effects of the furlough on the employee\'s entitlement to
retirement, life and health insurance, or any other benefits.

[]{#PtIVCh3secDpar5 .anchor}**5.** **APPEALS**

a\. **Furlough Approved by the Under Secretary for Health.** Bargaining
unit employees whose furloughs are approved by the Under Secretary for
Health may express their dissatisfaction through applicable negotiated
grievance procedures. Employees not represented by a union may express
their dissatisfaction using the procedures for similar employees in
section C, paragraph 4\[,\] of this chapter.

b\. **Other Furloughs.** Employees covered by negotiated grievance
procedures may express their dissatisfaction through those procedures.
Other employees may express their dissatisfaction through the following
procedures:

[]{#AppIVAppA .anchor}**APPENDIX A.**

# TITLE 5 SELECTION REQUIREMENTS IMPOSED BY THE

# REEMPLOYMENT PRIORITY LIST, VA CAREER TRANSITION ASSISTANCE PLAN, 

# AND INTERAGENCY CAREER TRANSITION ASSISTANCE PLAN

**1. ORDER OF SELECTION AND CONSIDERATION.** The following is to be used
when filling a competitive service vacancy under the VA \[ \]CTAP\[ \],
the \[ \]RPL\[ \], 5 CFR\[, part\] 330, subpart B, and the \[ICTAP\], 5
CFR\[, part\] 330, subpart G.

a\. Selection of a displaced or surplus VA employee in the local
commuting area, who applies within the prescribed timeframe for a
vacancy at the same or lower grade with the same promotion potential and
is determined to be well-qualified, then;

b\. Consideration of a qualified employee from within the facility under
the Priority Placement Program \[(PPP)\] For Employees in Retained Grade
or Pay Status \[ \] (see appendix III-F of this handbook) and any
facility-wide special placement programs, then;

c\. Consideration of qualified RPL registrants in the local commuting
area, then;

d\. Selection of any qualified current VA employee from within or
outside of the facility, then;

e\. Selection of a current or former well-qualified displaced Federal
employee from another agency in the local commuting area who applies
within the prescribed timeframe under the ICTAP, then;

f\. Selection of any other candidate from outside of the agency,
including selection from a Federal certificate of eligibles, a
reinstatement eligible, a transfer from another agency, a noncompetitive
appointment, such as under the Outstanding Scholar Provision of the
[Luevano]{.underline} Consent Decree, or any other routine competitive
staffing action.

**2. SELECTION ACTIONS OF VA EMPLOYEES NOT RESTRICTED BY 5 CFR, PART
330, SUBPART F**

a\. Placement of an agency employee through reassignment, change to
lower grade, or promotion when no employees eligible under this subpart
apply;

b\. Reemployment of a former agency employee exercising regulatory or
statutory reemployment rights;

c\. Position changes resulting from reclassification actions or for
disciplinary reasons;

d\. Temporary appointments of under 121 days (including extensions);

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

f\. Conversion of an employee on an excepted appointment which confers
eligibility for noncompetitive conversion into the competitive service;

g\. Placement activities under 5 CFR, part 351;

h\. 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;

i\. Placements made under the Intergovernmental Personnel Act (IPA) as
provided in 5 CFR,

part 334\[,\] where they are for critical situations \[and\] where the
failure to make the assignment would substantially harm Federal
interests, such as providing training for State takeover of a Federal
program;

j\. The filling of a position through an excepted appointment;

k\. Details;

l\. Time-limited promotions of under 90 days;

m\. Noncompetitive movement of surplus of displaced employees;

n\. Movement of excepted service employees within an agency;

o\. 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;

p\. A placement that is a \"reasonable offer\" as defined in 5 U.S.C.
8336(d) and 8414(b);

q\. Career-ladder promotions; and

r\. Recall of seasonal employees from nonpay status.

**3. SELECTION ACTIONS OF NON-VA APPLICANTS NOT RESTRICTED BY 5 CFR,**

**PART 330, SUBPART G**

a\. Selections from VA's CTAP or RPL as described in 5 CFR, part 330,
subparts F and B\[,\] or any other internal movement of current VA
employees;

b\. Appointments of 30 \[percent\] or more compensably disabled
veterans;

c\. Reemployment of former VA employees who have regulatory or statutory
reemployment rights;

d\. Temporary appointments of under 90 days;

e\. An action taken under 5 CFR, part 351;

[]{#AppIVB .anchor}**APPENDIX B.**

**VHA** \[**RIF**\] **DELEGATION OF AUTHORITY (RCN 10-96-1)**

**1.** **BACKGROUND.** \[VHA\] is committed to maintaining a stable
workforce through such measures as forecasting workload accurately,
estimating turnover and attrition rates, and analyzing local labor
markets. It remains VHA's goal to manage the size and composition of its
workforce pro-actively, utilizing \[reduction-in-force (\]RIF\[)\]
procedures where alternative approaches do not reasonably appear to be
able to achieve management goals or ensure effective use of scarce
resources.

**2.** **DELEGATION.** In order to enable local management to utilize
their human and financial resources most effectively, and to take
advantage of opportunities to re-engineer and streamline work processes
and organizational structures, the Under Secretary for Health has
delegated to network directors and to facility directors the authority
to conduct \[ \]RIF\[ \] procedures and effect reassignment,
change-to-lower grade, and separation actions for title 5 employees in
non-centralized positions. Network and facility directors will exercise
this delegation consistent with the procedures set forth in

5 \[CFR\], part 351, and part IV of this handbook. RIF actions demoting,
separating, or adversely affecting employees in centralized positions
will be approved in VHA \[ \].

**3.** **RESPONSIBILITIES**

a\. **Labor-Management.** Directors should work with their Partnership
Councils in planning and executing RIF procedures.

b\. **Procedures.** Facilities wishing to conduct a RIF should identify
the universe of positions to be eliminated by position title,
occupational series and grade level, together with a brief explanation
of the basis for the action. This could include such bases as
elimination of services, consolidation of services or functions between
two or more facilities, re-allocation of workload, review of staffing or
staffing mixes, etc. This listing should be forwarded to the Assistant
Deputy Under Secretary for Health, through the Network Director as early
as possible, but not less than 14 days before specific notices are given
to individual employees.

c\. **Career Transition Assistance.** Facilities planning to effect
downsizing or streamlining through the use of RIF procedures must
establish career transition assistance services consistent with VA and
Federal government policies, as soon as possible. An outline of the
plans for such services should be forwarded to the Assistant Deputy
Under Secretary for Health as they are developed.

d\. **Title 38 Personnel.** The RIF procedures defined in this appendix
do not apply to the title 38 personnel \[appointed under sections
7401(1) and 7405(a)(1)(A)\]. If facility directors wish to implement
staffing efficiencies involving title 38 employees \[appointed under
either of these authorities\], they may do so using the staffing
adjustment procedures outlined in chapter 3 of part IV, \[of\] this
handbook.

**4.** **REPORT.** \[ \]OMB\[ \] has required that VHA track several
specific items related to the RIF

process both in the current fiscal year and for future budget
submissions. Facility directors

must ensure that they develop systems which will identify, track, and
report the information

required on a one-time basis, within 90 days following completion of RIF
procedures. This

informationshould be submitted through the Network office. It will be
aggregated in

# APPENDIX C. VHA DELEGATION OF AUTHORITY

**TO REDEFINE COMPETITIVE AREAS**

**1. DELEGATION.** The Under Secretary for Health has delegated the
authority to redefine competitive areas for organizations under their
jurisdiction to network directors, with the advice and assistance of the
office of the Deputy Assistant Secretary for Human Resources Management
and Labor Relations (059). Such redefinitions must be fully justified
and documented to ensure that such action is clearly in the best
interest of VA.

**2. RESTRICTIONS.** When management establishes or changes competitive
areas:

a\. Descriptions of the areas must be readily available for review by
employees and \[OPM\].

b\. Such actions must be taken at least 90 days prior to a \[RIF\].

c\. If such actions are contemplated within 90 days of a \[RIF\], OPM
must approve.

**NOTE:** *Guidance concerning establishment of new competitive areas
may be found on the [OHRM&LR \[W\]eb \[site\].]{.underline}*

**3. REDELEGATION.** This authority may not be redelegated.