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                              330-2: Priority Placement Programs (CTAP, ICTAP, RPL and PRL)
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330-2: Priority Placement Programs (CTAP, ICTAP, RPL and PRL)








  
  
    

  
      



Material Transmitted:

Department of Health and Human Services (HHS) Instruction 330-2, Priority Placement Programs (CTAP, ICTAP, RPL, and PRL), dated 10/27/2022.

Material Superseded:

Department of Health and Human Services (HHS) Instruction 330-2, Priority Placement Programs (CTAP, ICTAP, RPL, and PRL), dated 06/01/2022.

Background:

This policy is revised to amend the CTAP and ICTAP exceptions (Appendixes A & B) by adding the competitive service college graduate and post-secondary hiring authorities to both lists consistent with 5 CFR Part 330, Subparts F and G.

This issuance is effective immediately and must be carried out by OpDiv/StaffDiv HR Centers in accordance with applicable laws, regulations, collective bargaining agreements, and Departmental policy.

/s/
Kimberly Steide

for/W. Robert Leavitt
Deputy Assistant Secretary for Human Resources
Chief Human Capital Officer

Subject: Priority Placement Programs

330-2-00 Purpose
330-2-10 References
330-2-20 Coverage
330-2-30 Definitions
330-2-40 Roles and Responsibilities
330-2-50 Career Transition Services
330-2-60 Career Transition Assistance Plan (CTAP)
330-2-70 Interagency Career Transition Assistance Plan (ICTAP)
330-2-80 Advertising Vacant Positions To Clear CTAP or ICTAP
330-2-90 Reemployment Priority List (RPL)
330-2-100 Priority Reemployment List (PRL)
330-2-110 RPL and PRL List Management
330-2-120 Documentation and Accountability

Appendix A: Exceptions to CTAPAppendix B: Exceptions to ICTAPAppendix C: Exceptions to RPLAppendix D: Exceptions to PRL

330-2-00: Purpose

In accordance with 5 CFR Parts 302 and 330, this Instruction outlines the Department of Health and Human Service’s (Department or HHS) Priority Placement Programs (PPP) covering CTAP, ICTAP, RPL, and PRL. It outlines the career transition services available to eligible employees affected by downsizing, reorganization, restructuring, or other similar events. This policy should be used with the references listed in this Instruction.

When provisions of this policy differ from changes in applicable law or regulation, the changes in law or regulation apply.

330-2-10: References

5 CFR Part 302, Employment in the Excepted Service
	5 CFR Part 330, Subpart A, Filling Positions in the Competitive Service
	5 CFR Part 330, Subpart B, Reemployment Priority List (RPL)
	5 CFR Part 330, Subpart F, Agency Career Transition Assistance Plan (CTAP)
	5 CFR Part 330, Subpart G, Interagency Career Transition Assistance Plan (ICTAP)
	5 CFR Part 351, Reduction in Force
	5 CFR §353.110(b), Restoration to Duty from Compensable Injury
	5 CFR Part 930, Subpart B, Administrative Law Judge Program
	HHS Instruction 302-1, Employment in the Excepted Service
	HHS Instruction 351-1, Reduction in Force
	HHS Instruction 990-1, Workplace Flexibilities
	HHS Instruction 1104-1, Delegated Examining Operations330-2-20: Coverage and Exclusions

Coverage
	The provisions of this Instruction apply to HHS competitive and certain excepted service employees who are eligible for priority selection under CTAP and ICTAP at grades GS-15 or below (or equivalent).
		This Instruction also applies to current and/or former HHS employees eligible for priority reemployment consideration via the RPL (competitive service) or PRL (excepted service) programs.
		Administrative Law Judges are covered in accordance with the regulations covering these positions.
	Exclusions
	This Instruction does not apply to Schedule C (political) excepted service employees or employees on time-limited appointments.
		The provisions in this Instruction pertaining to conditions of employment for bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71, and any such actions may require notification to labor organizations when impacted employees are bargaining unit employees.  When the provisions of this Instruction differ from the requirements of any applicable Collective Bargaining Agreement (CBA), the CBA takes precedence for bargaining unit employees.330-2-30: Definitions

**Agency**. Executive agency, as defined in 5 U.S.C. 101 and 5 CFR Part 330.101 (i.e., HHS).
	**Career Transition Assistance Plan (CTAP)**. Provides eligible surplus and displaced HHS employees selection priority for HHS competitive service vacancies for which there are active recruitment actions.
	**Interagency Career Transition Assistance Plan (ICTAP)**. Provides eligible displaced HHS employees selection priority for competitive service vacancies at other Federal agencies **and** provides eligible displaced employees of other Federal agencies selection priority for HHS competitive service vacancies for which there are active recruitment actions.
	**Displaced Employee (under CTAP)**, see also Surplus Employee*.*
	A current career or career-conditional (Tenure Group I or II) competitive service HHS employee, at GS-15 or below (or equivalent), who has received either a reduction in force (RIF) separation notice and has not declined an offer under RIF for a position with the same type of work schedule and the representative rate at least as high as the position from which the employee will be separated, **or** a notice of proposed removal for declining a directed geographic relocation outside the local commuting area (e.g., directed reassignment or change in duty location); **or**
		A current excepted service HHS employee serving on an appointment without time limit, at grade GS-15 or below (or equivalent), *who is on an excepted appointment providing noncompetitive conversion eligibility to a competitive service appointment,***and** who received a RIF separation notice or a notice of proposed removal for declining a directed geographic relocation outside the local commuting area (e.g., directed reassignment or change in duty location) (5 CFR §330.602).
	**Displaced Employee (under ICTAP)**.
	A current or former career or career-conditional (Tenure Group I or II) competitive service employee at GS-15 or below (or equivalent) who has received either a RIF separation notice and did not decline an offer under RIF procedures for a position with the same type of work schedule and the representative rate at least as high as the position from which the employee will be separated, **or** a notice of proposed removal for declining a directed geographic relocation outside the local commuting area (e.g., directed reassignment or change in duty location), **or** has been separated by RIF procedures or removed for declining a geographic relocation outside the local commuting area;
		A current or former excepted service employee serving on an appointment without time limit, at grade GS-15 or below (or equivalent), *who is on an excepted appointment providing noncompetitive conversion eligibility to a competitive service appointment*, **and** has received a RIF separation notice or a notice of proposed removal for declining a directed geographic relocation outside the local commuting area (e.g., directed reassignment or change in duty location), **or** has been separated by RIF procedures or removed for declining a geographic relocation outside the local commuting area;
		A former career or career-conditional competitive service employee who was separated because of a compensable work-related injury or illness, whose compensation was terminated, and who has received certification from their former employing agency that it is unable to place the employee as required by 5 CFR Part 353;
		A former career or career-conditional competitive service employee who retired with a disability annuity under 5 U.S.C. §§8337 or 8451 and has received notification from the Office of Personnel Management (OPM) that the disability annuity has been or will be terminated; **or**
		A former Military Reserve Technician or National Guard Technician receiving a special disability retirement annuity under 5 U.S.C. §§8337(h) or 8456 and who has certification of such annuity from the military department or National Guard Bureau (5 CFR §330.702).
	**Local Commuting Area**. The geographic area usually constitutes one area for employment purposes, any population center (or two or more neighboring ones) and surrounding localities in which employees live and can be reasonably expected to travel back and forth daily to their place of employment (5 CFR §351.203).
	**Priority Placement Coordinator (PPC)**. Human resources professional(s) or division(s) within the Assistant Secretary for Administration, Office of Human Resources (ASA/OHR), who oversee all aspects of the Department-wide HHS Priority Placement Programs, including the RPL and PRL lists. Each OpDiv/StaffDiv HR Center will have its own PPC designated by the Human Resources Director, responsible for administering the day-to-day aspects of the programs for their serviced Operating Division/Staff Division (OpDiv/StaffDiv).
	**Priority Reemployment List (PRL)**. HHS’ PRL for excepted service employees provides reemployment consideration and placement assistance to former HHS excepted service employees who have been furloughed or separated by RIF or compensable injury; **or** who appealed an adverse action to the Merit Systems Protection Board (MSPB) and were found to have been unjustifiably dismissed from the agency but is not entitled to immediate restoration under the MSPB’s decision (5 CFR §302.303).
	**Reemployment Priority List (RPL)**. HHS’ RPL for competitive service employees provides reemployment consideration and placement assistance to current and former HHS competitive service employees who have or will be separated by RIF **or** have fully recovered from a compensable injury after one (1) year (5 CFR §330.201).
	**Representative Rate**. Generally, the fourth step of the grade under the General Schedule including locality rate. For a complete definition, see 5 CFR §351.203.
	**Surplus Employee (under CTAP)**.
	A current career or career-conditional (Tenure Group I or II) HHS employee serving under an appointment in the competitive service, at grade GS-15 or below (or equivalent), who has received a Certificate of Expected Separation under RIF or other official certification issued by the Department/OpDiv/StaffDiv indicating that the HHS position is surplus (e.g., a notice of position abolishment, or that the employee is eligible for discontinued service retirement); **or**
		A current HHS excepted service employee serving on an appointment without time limit, at grade GS-15 or below (or equivalent), *who is on an excepted appointment providing noncompetitive conversion eligibility to a competitive service appointment*and has received a Certificate of Expected Separation under RIF or other official certification issued by the Department/OpDiv/StaffDiv indicating that the position is surplus (e.g., a notice of position abolishment, or that the employee is eligible for discontinued service retirement) (5 CFR §330.602).
	**Well Qualified**. A CTAP or ICTAP candidate who:
	Meets the qualification standards and eligibility requirements for the position, including minimum educational and experience requirements; any medical qualifications, and suitability;
		Meets any selective placement factors for the position established by the HR Center;
		*(For Vacancies Filled via Merit Promotion)*Is rated above minimally qualified as defined through job analysis for the position being filled;
		*(For Vacancies Filled via Delegated Examining)*Meets the definition of ‘Well Qualified’ as defined by the OpDiv/StaffDiv’s category rating procedures (HHS Instruction 1104-1, Delegated Examining Operations);
		Is able to perform the essential duties of the position, with or without reasonable accommodation;
		Meets any special qualifying condition(s) for the position (such as the ability to speak a specific language or other selective factors); **and**
		Is able to perform the duties of the position upon entry satisfactorily.330-2-40: Roles and Responsibilities

HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
	Develops Department-wide policy and guidance regarding priority placement and career transition assistance consistent with HHS and OPM policy and guidance and all applicable federal laws and regulations.
		Designates Departmental Priority Placement Coordinator(s) (PPC) to administer the HHS Priority Placement Programs (PPP) and provide program and HRIT oversight of the HHS-wide RPL and PRL lists, consistent with HHS policy and guidance, and applicable federal laws and regulations.
		Periodically conducts accountability reviews of OpDiv/StaffDiv career transition and HHS PPP activities to ensure conformance with HHS and OPM policy and guidance and all applicable federal laws and regulations.
	OpDiv/StaffDiv Heads or their written designee(s):
	Comply with applicable federal laws, regulations, and collective bargaining agreements covering career transition programs and services.
		Provide resources to assist employees eligible for career transition services, in accordance with this Instruction and consultation with their servicing HR Center.
		Ensure employees are advised of organizational actions that will adversely impact them as early as possible, and support authorizing excused absence to the extent practicable, so employee(s) can use available resources to find continuing employment.
	OpDiv/StaffDiv HR Centers:
	Comply with this Instruction, any HHS and OPM policy and guidance, collective bargaining agreements, and all applicable federal laws and regulations.
		Provide career transition services to eligible employees in accordance with this Instruction, including providing reasonable accommodation to employees with disabilities, as appropriate.
		Develop internal procedures to administer the HHS PPP within their serviced OpDiv/StaffDiv and to provide selection priority to employees and former employees.
		Designate OpDiv/StaffDiv PPC(s) to administer the day-to-day aspects of the PPP for their serviced Division.
		Coordinate priority placement program initiatives with other OpDivs/StaffDivs and other Federal, state, and local employers.
		Resolve qualification disputes within their respective serviced Division and submit requests for dispute resolution between HR Centers to ASA/OHR for decision. The request for a decision may be submitted by the gaining or losing HR Center. Still, the request must contain a written assessment of the issues, relevant documentation, and a recommendation.330-2-50: Career Transition Services

The following career transition services are provided to current HHS employees affected by downsizing, reorganization, restructuring, or other similar events, as required by 5 CFR §§330.603(c) and 330.608:

**Employee Information**. OpDivs/StaffDivs must provide its eligible employee’s written information on CTAP selection priority, including eligibility period; how to find and apply to vacancies, including proof of eligibility; and the HHS definition of ‘Well Qualified;’ within the following timeframes:

	*For RIF actions,*OpDivs/StaffDivs must notify at least 60 full days before the effective date of the release unless OPM has approved an exception to an HHS request for a shorter notice period consistent with 5 CFR 351, Subpart H, and HHS Instruction 351-1, RIF.
		*For removal actions for declining a directed geographic relocation,*HR Centers should consult their servicing labor/employee relations staff and provide written selection priority information at the earliest opportunity prior to removal, so the employee(s) can use available career transition services to find continuing employment.
	**Orientation Session**. OpDivs/StaffDivs are required to provide a career transition ‘orientation session’ to its eligible employees with information on their eligibility for selection priority under HHS’ Priority Placement Programs and career transition services available. An orientation session may be in-person or web-based and includes the following:
	Information on HHS’ RPL or PRL, as applicable, including eligibility period; how to register; MSPB appeal rights, etc. (See Sections 330-2-90 and 100 of this Instruction);
		Information on ICTAP, including information on eligibility for selection priority for competitive service positions at other federal agencies, eligibility period, and how to find and apply to vacancies (See Section 330-2-70 of this Instruction);
		Available excused absence for career transition-related activities;
		Availability of equipment, facilities, materials, and resources, including for those with disabilities, in field offices, remote locations, etc.;
		Federal, State, or local resources available to support career transition, including for those with disabilities;
		Training or retraining opportunities via HHS Learning Management System, Department of Labor via state employment offices, or other public and private sector opportunities;
		If the OpDiv/StaffDiv notifies Federal agencies in the local commuting area or provides employment referrals, give employees the option to authorize the release of their resume or other relevant employment information to public and private sector employers, as required by 5 CFR §351.803;
		How to apply for State unemployment insurance benefits;
		Estimate of severance pay (if eligible); and
		Advise employees of their responsibility to notify their servicing HR Center of changes in their contact information and when they have received a valid job offer.
	**Use of Excused Absence**. Each affected employee who requests excused absence may be granted up to 40 hours of administrative leave to use career transition assistance, including attending training or retaining opportunities; filling job applications; job interviews, etc. Additional time may be provided as warranted by individual situations, subject to supervisory approval and workload priorities. Interviews within HHS and the commuting area may be considered other official functions. OpDivs/StaffDivs may reimburse employees for travel expenses related to career transition activities. Supervisors should monitor the use of excused absence to ensure that time authorized is used for approved purposes.
	**Access to Services and Facilities**. To the extent practicable and within available funding, surplus and displaced HHS employees are provided the following:
	Skills assessment, resume preparation, job search assistance, and counseling, including information on the availability of the HHS Employee Assistance Program for stress, transition, and financial management.
		Career transition services, equipment, facilities, materials, and resources to maximize placement opportunities.
		Information on the availability of OpDiv/StaffDiv career transition services and facilities and how to access them, including any changes in the level and kind of services offered.
		Access to facilities and career transition assistance for former employees for at least 90 days after the date of separation.330-2-60: Career Transition Assistance Plan (CTAP)

**Purpose**. HHS’ Career Transition Assistance Plan (CTAP) covers surplus and displaced HHS employees per 5 CFR Part 330, Subpart F, and this Instruction. The program provides current HHS employees a way to transition into *a vacant position within the Department*if they will be separated, through no fault of their own, due to downsizing, reorganization, restructuring, or other similar events. CTAP candidates are given selection priority for vacancies within the local commuting area before other internal or external candidates are selected for vacancies (5 CFR §330.604).
	**Vacancy**. When OpDivs/StaffDivs fill a permanent or time-limited competitive service position at GS- 15 (or equivalent) or below lasting 121 days or more (including extensions), HR Centers must give selection priority to CTAP candidates, unless the action is one of the exceptions listed in Appendix A of this Instruction.
	**CTAP Candidate**. An HHS employee is given selection priority when they:
	Meet the definition of ‘surplus’ or ‘displaced’ employee, as defined in Section 330-2-30;
		Have a current performance rating of record of at least fully successful or equivalent;
		Apply for a vacancy at or below the employee’s current grade level and without greater promotion potential than the position from which the employee occupies or may be separated;
		Occupy a position in the same commuting area of the vacancy (see E.1.f. in this Section for exceptions);
		Applying for a specific vacancy within the job opportunity announcement (JOA) open period, and provide proof of eligibility (i.e., one of the documents listed under the definition of displaced or surplus in this Instruction or 5 CFR §330.612); **and**
		Meet the definition of ‘Well Qualified’ for the specific vacancy.
	**Period of Eligibility**. The eligibility period begins on the date the HHS employee receives the RIF notice or notice of proposed removal and meets the definition of a surplus or displaced employee. It ends on the date one of the following occurs (5 CFR §§330.607(i) and 330.610):
	Employee separates from HHS either voluntarily or involuntarily;
		Employee receives a notice rescinding, canceling, or modifying the notice which gave the employee CTAP eligibility (so the employee no longer meets either the surplus or displaced definition);
		Employee declines an offer of an HHS permanent appointment at any grade or pay level;
		Employee is appointed to another HHS position at any grade or pay level, either permanent or time-limited before the employee is separated;
		Employee is appointed to a career, career-conditional, or excepted service appointment without time limitation in another executive agency at any grade or pay level; **or**
		Employee fails to reply to the OpDiv/StaffDiv HR Center within seven (7) business days to an offer of a permanent appointment at any grade or pay level.
	**Applying CTAP Selection Priority**. In accordance with 5 CFR §§330.604, 330.605, 330.607, and 330.608:
	Unless the personnel action is one of the exceptions listed in Appendix A of this Instruction, HR Centers must select an available CTAP candidate over any other applicant for a vacant position, if the position:
		Is a permanent or time-limited competitive service position at GS-15 or below (or equivalent) to be filled for a total of 121 days or more, including all extensions;
			Is at the grade or pay level with a representative rate no higher than the representative rate of the grade or pay level of the CTAP candidate’s permanent position of record;
			Has no greater promotion potential than the CTAP candidate’s permanent position of record;
			Is in the same local commuting area as the CTAP candidate’s permanent position of record (see f. immediately below for exceptions), **and**
			Is filled during the CTAP eligible’s eligibility period.
			When a position is advertised with a duty location as ‘Anywhere in the U.S.’ (or equivalent) or ‘Location is Negotiable After Selection, U.S.’ (for example, when a vacant position is designated as full-time remote or eligible for full-time remote work), selection priority must be given to all CTAP candidates, regardless of their official duty location. See also Section 330-2-80(D)(3), Advertising Positions.
		OpDivs/StaffDivs may *not*procure contract support or other temporary help defined under 5 CFR Part 300, Subpart E until a determination is made that no CTAP candidate is available.
		OpDivs/StaffDivs may *not*take the promotion and internal placement actions listed under 5 CFR §335.102 to place a permanent competitive service employee into a vacancy until a determination is made that no CTAP candidate is available.
		HR Centers may appoint *any*CTAP candidate when two (2) or more qualified CTAP candidates apply for a vacancy. For example, the HR Center may provide an internal OpDiv/StaffDiv candidate with higher priority than another OpDiv/StaffDiv candidate.
		HR Centers may provide CTAP selection priority to eligible employees from another commuting area after fulfilling its requirement to provide CTAP selection priority to candidates in the local commuting area.
		**Applicant Notification and Second-Level Review**: All CTAP candidates who apply for a specific vacancy must be sent a written notice of the final status of their application, including whether the candidate was determined to be ‘Well Qualified;’ if another CTAP candidate was hired; if the vacancy was filled under one of the exceptions listed in Appendix A; or if the recruitment was canceled. Additionally, if the candidate was determined *not*well-qualified, the HR Center must conduct a second-level review by another HR Specialist, document the job-related reasons for the determination, and notify such CTAP candidates of the results of the independent second-level review.
		CTAP obligations must be cleared at the initial announcement. See Section 330-2-80, Advertising Vacant Positions.
		After the OpDiv/StaffDiv announces the vacancy in USAStaffing and meets its obligation to any CTAP candidate(s) who applied to the announcement, the HR Center may fill the vacant position with a permanent HHS competitive service candidate, following appropriate merit staffing procedures.
		Order of selection when filling vacancies open to HHS candidates:
		CTAP
			All other internal HHS candidates
		Before filling a vacant competitive service position with an *external*candidate (outside of HHS’ permanent competitive service workforce), the OpDiv/StaffDiv must also apply the requirements of ICTAP and RPL (See Sections 330-2-70 and 90 of this Instruction).330-2-70: Interagency Career Transition Assistance Plan (ICTAP)

**Purpose**. The Interagency Career Transition Assistance Plan (ICTAP) covers displaced federal employees per 5 CFR Part 330, Subpart G, and this Instruction. The program provides federal employees a way to transition into *a vacant competitive service position in another federal agency* if they have been separated, through no fault of their own, as a result of downsizing, reorganization, restructuring, or other similar events.
	**Vacancy**. When OpDivs/StaffDivs accept applicants from *outside*HHS’ competitive service workforce to fill a permanent or time-limited competitive service position at GS-15 (or equivalent) or below lasting 121 days or more (including extensions), HR Centers must give selection priority to ICTAP candidates who apply to the vacancy, unless the action is one of the exceptions listed in Appendix B of this Instruction.
	**ICTAP Candidate**. A federal employee is given selection priority when they:
	Meet the definition of ‘displaced’ employee, as defined in Section 330-2-30;
		Have a current performance rating of record of at least fully successful or equivalent;
		Apply for a vacancy at or below the employee’s current grade level and without greater promotion potential than the position from which the employee occupied or may be separated;
		Occupy a position in the same commuting area of the vacancy (see E.1.f. in this Section for exceptions);
		Submit an application for a specific vacancy within the JOA open period, and provide proof of eligibility (i.e., one of the documents listed under the definition of displaced in this Instruction or 5 CFR §330.710); **and**
		Meet the definition of ‘Well Qualified’ for the specific vacancy.
		Future selection priority for positions previously obtained via ICTAP is not given if the federal employee was terminated or removed from that position for performance or conduct-based actions under 5 CFR Parts 432 and 752.
	**Period of Eligibility**. The eligibility period begins on the date the federal employee meets the definition of displaced employee, and it ends on one of the following dates (5 CFR §330.708):
	One (1) year from the date of:
		Separation by RIF;
			Removal for declining a geographic relocation outside the local commuting area;
			Federal agency certification that it cannot place the employee (5 CFR Part 353); **or**
			OPM notification that the employee’s disability annuity has, or will be, terminated.
		Two (2) years from the date of RIF separation for persons eligible for positions restricted to preference eligibles (5 CFR Part 330, Subpart D).
		On the date the ICTAP candidate:
		Receives a notice rescinding, canceling, or modifying the notice which gave the employee ICTAP eligibility (so the employee no longer meets the displaced definition);
			Separates for any reason before the RIF or removal effective date;
			Is appointed to a career, career-conditional, or excepted service appointment without time limitation in any executive agency at any grade or pay level;
			Declines an offer of a permanent appointment at any grade or pay level; **or**
			Fails to reply within seven (7) business days to an offer or official availability inquiry for a permanent appointment at any grade or pay level.
		OPM may extend the above eligibility periods due to administrative or procedural errors.
		ICTAP eligibility for former Military Reserve or National Guard Technicians ends when the technician no longer receives the special disability retirement annuity (See Section 330-2-30, Displaced Employee (under ICTAP)).
	**Applying ICTAP Selection Priority**. In accordance with 5 CFR §§330.703, 330.705 and 330.706:
	Unless the personnel action is one of the exceptions listed in Appendix B of this Instruction, HR Centers must select an available ICTAP candidate over any other external candidate (outside of HHS’ permanent competitive service workforce) for a vacant position, if the position:
		Is a permanent or time-limited competitive service position at GS-15 or below (or equivalent) to be filled for a total of 121 days or more, including all extensions;
			Is at the grade or pay level with a representative rate no higher than the representative rate of the grade or pay level of the ICTAP eligible’s current or last permanent position of record;
			Has no greater promotion potential than the ICTAP eligible’s current or last permanent position of record;
			Is in the same local commuting area as the ICTAP eligible’s current or last permanent position of record (see f. immediately below for exceptions), **and**
			Is filled during the ICTAP eligible’s eligibility period.
			When a position is advertised with a duty location as ‘Anywhere in the U.S.’ (or equivalent) or ‘Location is Negotiable After Selection, U.S.’ (for example, when a vacant position is designated as full-time remote or eligible for full-time remote work), selection priority must be given to all ICTAP candidates, regardless of their official duty location. See also Section 330-2-80(D)(3), Advertising Positions.
		HR Centers may *not*procure contract support or other temporary help defined under 5 CFR Part 300, Subpart E until a determination is made that no ICTAP candidate is available.
		HR Centers may appoint *any*ICTAP candidate when two (2) or more qualified ICTAP candidates apply for a vacancy.
		**Applicant Notification and Second-Level Review**: All ICTAP candidates who apply for a specific vacancy must be sent a written notice of the final status of their application, including whether the candidate was determined to be ‘Well Qualified;’ if another ICTAP candidate was hired; if the vacancy was filled under one of the exceptions listed inAppendix B;or if the recruitment was canceled. Additionally, if the candidate was determined *not*well qualified, the HR Center must conduct a second-level review by another HR Specialist and document the job-related reasons for the determination; and notify such ICTAP candidates with the results of the independent second-level review.
		ICTAP obligations must be cleared at the initial announcement. See Section 330-2-80, Advertising Vacant Positions.
		After the OpDiv/StaffDiv announces the vacancy in USAStaffing and meets its obligations to any CTAP or ICTAP candidate(s) who applied to the delegated examining announcement and qualified RPL registrant(s) on the HHS RPL, the HR Center may fill the vacant position with any other external candidate who applied to the vacancy, following appropriate delegated examining procedures (See Sections 330-2-60 and 90 of this Instruction).
		Order of selection when filling vacancies open to candidates outside HHS:
		CTAP
			RPL
			ICTAP
			All other external candidates330-2-80: Advertising Vacant Positions to Clear CTAP or ICTAP

HHS CTAP candidates must have access to information on all HHS vacant positions in their local commuting area, in accordance with 5 CFR §330.608(c).
	A vacant position is a permanent or time-limited competitive service position at GS-15 or below (or equivalent) to be filled for a total of 121 days or more, including all extensions.
	All HHS vacant positions are posted on USAStaffing, in accordance with 5 CFR Part 330, Subpart A, unless the position is filled via an exception listed in Appendix A or B.
	All JOAs must contain (5 CFR §330.104):
	The HHS definition of ‘Well Qualified’ in this Instruction; and
		Require the following documentation to show proof of CTAP/ICTAP eligibility:
		**Accepting HHS candidates (internal to OpDiv/StaffDiv or HHS-wide)**: ‘Provide one of the following documents: A copy of your RIF separation notice or notice of position abolishment; notice of proposed removal for declining a directed reassignment or change in duty location; **or** official notice stating you are eligible for discontinued service retirement.’
			**Accepting candidates outside HHS**: ‘Provide one of the following documents: A copy of the your RIF separation notice or notice of position abolishment; notice of proposed removal for declining a directed reassignment or change in duty location; official notice stating you are eligible for discontinued service retirement; agency certification that it cannot place you after your recovery from a compensable work-related injury or illness; official military notice stating you are eligible for a special disability retirement for Military Reserve or National Guard technicians; **or** notice from OPM stating your disability retirement annuity has been or will be terminated.’
			‘A copy of your most recent SF-50 "Notification of Personnel Action'', showing position title, series, grade level, and duty location;’ and
			‘A copy of your latest performance appraisal including your official rating.’
		Remote Work (as defined in OPM’s *2021 Guide on Telework and Remote Work in the Federal Government* and HHS Instruction 990-1, Workplace Flexibilities).
		When advertising a full-time remote position or a position eligible for full-time remote work (i.e., the employee works at an approved alternate worksite with no expectation to report to the agency worksite on a regular or recurring basis), the duty location is ‘Anywhere in the U.S.’ or ‘Location is Negotiable After Selection, U.S.’ In addition to (2)(a)-(d) above, the JOA must inform applicants the position being filled has been designated as/is remote.
			In cases where there is some frequency in which the position requires an onsite presence (e.g., the employee reports to the agency worksite less than 2 days per bi-weekly pay period, or on an irregular but consistent basis, etc.), the vacancy should be advertised with the duty location of the agency worksite, and CTAP/ICTAP is cleared for the advertised official duty location.
			If a hiring official wants to make selection(s) for full-time remote work from an announcement that was advertised with specific duty location(s) (e.g., Washington, DC; or Seattle, WA and Denver, CO), the vacancy must be readvertised with a duty location of ‘Anywhere in the U.S.’ (or equivalent) or ‘Location is Negotiable After Selection, U.S.’ to give all eligible candidates the opportunity to apply.
			Hiring officials should be advised that the duty location of employees appointed via the competitive service cannot be changed within 90 days of appointment from the location advertised in the vacancy announcement, consistent with the merit system principle of fair and open competition (5 CFR §330.502). OPM may waive this regulatory restriction upon written request from the ASA/OHR if the OpDiv/StaffDiv can justify an urgent need (e.g., an unforeseen/emergency situation arising in the new duty location including an explanation why another employee cannot be utilized, or an emergency situation on the part of the employee the OpDiv/StaffDiv is seeking to accommodate, etc.). Such requests must be submitted by the HR Center to employmentpolicy@hhs.gov.
	CTAP/ICTAP/RPL obligations must be cleared at initial announcement. Additional clearance requirements may be specified in HHS Instruction, 300-2, Shared Certificates Program, when using shared certificates.330-2-90:  Reemployment Priority List (RPL)

**Purpose**. HHS’ Reemployment Priority List (RPL) covers competitive service employees, in accordance with 5 CFR Part 330, Subpart B, and this Instruction. The RPL provides selection priority to current and former HHS competitive service employees who will be/were separated under RIF, or who have recovered from a compensable work-related injury after more than one (1) year.
	An HHS-wide RPL will be established *for each commuting area*in which OpDivs/StaffDivs have RPL eligibles. HHS OpDivs/StaffDivs within the same commuting area use a single RPL and must give selection priority to RPL eligibles for most permanent or time-limited competitive service positions *before hiring outside HHS’ permanent competitive service workforce,*unless the action is one of the exceptions listed in Appendix C of this Instruction.
	**RPL Eligible**. In accordance with 5 CFR §§330.201 and 203:*For RPL eligibility under 5 CFR Part 351(RIF):*
	A current HHS competitive service employee in Tenure Group I or II with a RIF separation notice or a Certificate of Expected Separation under RIF; *or*
		A former HHS competitive service employee in Tenure Group I or II separated by RIF;
		Has received a performance rating of record of at least fully successful or equivalent as their most recent performance rating; *and*
		Has not declined an offer of employment under RIF (5 CFR 351, Subpart G) with the same type of work schedule and with a representative rate at least as high as the position from which the employee will be separated. **OR***For RPL eligibility under 5 CFR Part 353 (restoration to duty from compensable injury):*

	A former HHS competitive service employee fully recovered from a compensable injury (described under 5 CFR Part 353) more than 1 year after compensation began;
		Serving in or separated from an appointment in the competitive service in Tenure Group I or II;
		Either accepted a position at a lower grade or pay level in lieu of separation or was separated because of a compensable injury or disability; *and*
		Received notification from the Department of Labor that injury compensation benefits have ended or will end.
	**Registration.**
	**Timeframe**. Employees who are eligible for the RPL must register within the following timeframes, in accordance with 5 CFR §330.206:
		On or before the RIF separation date, *or*
			Within 30 days after the date of injury compensation benefits stop; or the date Department of Labor denies an appeal for continuation of injury compensation benefits.
		**Positions**. In accordance with 5 CFR §§330.204(d), 330.205, 330.207 and 330.212:
		Employees must submit information to their servicing HR Center within the registration timeframe specifying the positions and conditions they will accept, including occupation(s), series, grade(s), work schedule (full-time, part-time, seasonal, or intermittent), and minimum hours of work per week.
			Employees may register for positions within the local commuting area, and at the same pay level with a representative rate no higher than the position from which the registrant was/will be separated.
			RPL eligibles may specify conditions they will accept, including:
			Additional occupation(s) and series;
				Grades lower than the position from which the registrant was/will be separated;
				Work schedules (full-time, part-time, seasonal, or intermittent);
				Minimum hours of work per week, as applicable, and
				Specific OpDivs/StaffDivs within same local commuting area in which registered.
			HHS employees who have fully recovered from a compensable injury after one (1) year may register for positions in another commuting area, upon request, *if there is an existing RPL for requested area*. The HR Center PPC must confirm that the requested commuting area is available in the HHS HRIT system prior to permitting this option. Requests to register for positions HHS-wide are not permitted.
			If an RPL eligible agreed to transfer with their function under RIF but will be separated by RIF from the new position, registration is limited to the RPL for the new local commuting area.
			If an RPL eligible was/will be, separated from an overseas position appointed via 5 CFR Part 301, registration is limited to the local commuting area where the employee was/will be separated, unless the OpDiv/StaffDiv approves a written request from the RPL eligible to register for another area within the U.S. that is mutually acceptable to both the employee and the Division.
		**Registration Form**. HR Centers may develop a form for employees to use, request employees to include the position information on their resumes, or require the information be submitted in some other format. These instructions must be provided to employees during the orientation session described in Section 330-2-50 of this Instruction, or when the HR Center issues a RIF separation notice or Certification of Expected Separation under RIF; when the employee accepts a lower grade or pay level; or is separated because of a compensable work-related injury.
		**Application Guidance**. HR Centers must be available to provide RPL eligibles guidance on how to register and help identify the positions for which they are eligible and qualified.
	**RPL Eligibility Period**. In accordance with 5 CFR §§330.208 and 330.209, eligibility expires:
	Two (2) years from either the date of the RIF separation, or the date the former employee is registered on the RPL due to recovery from a compensable work-related injury; **or**
		On the date the RPL registrant is removed from the list for one of the following reasons:
		Registrants are removed from the RPL *at all registered grades and pay levels*if:
			The registrant declines or fails to reply to an offer of a career, career-conditional, or excepted appointment position without time limit, with the same work schedule and pay level with a representative rate at least as high as the position from which the registrant was or will be separated (see D.2.c. below for required evidence);
				Receives a written cancellation, rescission, or modification to a RIF separation notice or Certification of Expected Separation so the employee no longer meets the conditions of a RPL registrant, or an injury compensation benefit notice stating the employee continues to receive injury compensation benefits;
				Separates from HHS for any other reason (such as retirement, resignation, or interagency transfer) before the RIF separation effective date. *Registration continues if the registrant retires on or after the RIF separation effective date*. This reason for removal does not apply to registrants eligible due to a compensable injury;
				Requests their servicing HR Center to remove their name from the RPL;
				Is placed in a position without time limit at any grade or pay level within HHS; **or**
				Is placed in a position via a career, career-conditional, or excepted appointment without time limit at any grade or pay level in any federal agency.
			Registrants are removed from the RPL *at lower registered grades or pay levels*than the last grade or pay level held, if the offered position is below the last grade or pay level held and the registrant:
			Declines or fails to reply to an offer of a career, career-conditional, or excepted appointment without time limit for a position meeting acceptable conditions identified by registrant; or
				Declines or fails to reply to a scheduled interview. (See D.2.c. below for required evidence.)
				These registrants remain on the RPL for positions with a representative rate *higher*than the offered position up to the grade and pay level last held until their eligibility expires or otherwise terminates.
			**Required Evidence for RPL Removal:**Evidence must be maintained by the HR Center for any reason for removal. To remove an individual because of a failure to reply to a specific permanent job offer or an inquiry of availability for a specific permanent vacancy, evidence is required showing the offer, inquiry, or scheduled interview was made in writing and clearly stated that failure to reply will result in removal from the RPL for the grades and pay levels specified under reasons above (5 CFR §330.204(f)).
		Declination of a time-limited appointment does *not*affect RPL eligibility.
		OPM may extend the registration period based on a request from either HHS or the RPL eligible when a RPL eligible does not receive a full 2 years of placement priority due to administrative or procedural error. Extension requests must describe the error. HR Centers who receive such a request from an employee should forward it to the ASA/OHR PPC for OPM approval. OPM’s decision is not subject to appeal (5 CFR §330.208(b)).
	**Applying RPL Selection Priority**. In accordance with 5 CFR §§330.202, 330.210, and 330.213:
	Unless the personnel action is one of the exceptions listed in Appendix C of this Instruction, HR Centers must select qualified RPL registrants for competitive service vacancies before hiring outside HHS’ permanent competitive service workforce when:
		The position is permanent or time limited to be filled by a competitive service appointment; and
			There are RPL eligibles registered for the position at the grade or pay level and commuting area of the vacant position. (If the position is available at multiple grade levels, RPL applies at the grade or pay level in which the position is filled.)
			When the position has been advertised with a duty location as ‘Anywhere in the U.S. (or equivalent) or ‘Location is Negotiable After Selection, U.S.’, HR Centers must give selection priority to all qualified RPL eligibles registered for the position at the grade or pay level, regardless of their official duty location.
		Covered actions include new appointments, reinstatements, reemployment, and transfers as defined in 5 CFR §210.102; conversions as defined in OPM’s Guide to Processing Personnel Actions (5 CFR §330.202); and appointments under a noncompetitive appointing authority (5 CFR §330.210(c)).
		HR Centers use category rating procedures to evaluate RPL eligibles separately from other candidates, in accordance with HHS Instruction 1104-1, Delegated Examining Operations.
		The HHS RPL must be checked at initial announcement. See Section 330-2-110, RPL and PRL List Management.
		Order of selection when filling vacancies open to candidates outside HHS:
		CTAP
			RPL
			ICTAP
			All other external candidates
		HR Centers must document if there are no RPL eligibles for a vacancy when issuing a certificate.
	RPL registrants have appeal rights to the MSPB if they believe their reemployment rights were violated, in accordance with 5 CFR §330.214.330-2-100: Priority Reemployment List (PRL)

**Purpose**. The HHS’ Priority Reemployment List covers former excepted service employees, in accordance with 5 CFR §§302.303 and 302.304(a) and this Instruction. The PRL provides selection priority to former HHS excepted service employees, who are subject to the provisions of Title 5, United States Code (U.S.C.), and who were furloughed or separated under RIF or compensable injury; or received an MSPB decision based on an appeal of an adverse action, where the MSPB found the employee was unjustifiably dismissed but is not entitled to immediate restoration under the MSPB’s decision.
	An HHS-wide PRL will be established *for each commuting area and excepted service authority*in which OpDivs/StaffDivs have PRL eligibles. HHS OpDivs/StaffDivs within the same commuting area use a single PRL for each excepted service authority and must give selection priority to qualified PRL eligibles for excepted service positions *before referring other excepted service candidates for consideration*(5 CFR §302.304(a))*,*unless the action is one of the exceptions listed in Appendix D of this Instruction.
	HHS does not elect to establish a Reemployment List (RL) in accordance with 5 CFR 302.303(c) and HHS Instruction 302-1, Employment in the Excepted Service.
	**PRL Eligible**. In accordance with 5 CFR §§302.303 and 302.304(a):
	Former HHS excepted service employees, both preference eligible and non-preference eligible, who have been furloughed or separated under RIF without delinquency or misconduct from an excepted service appointment without time limit; and
		Received a performance rating of record of at least fully successful or equivalent as their most recent performance rating; and
			Have not declined an offer of employment under RIF (5 CFR 351, Subpart G) with the same type of work schedule and with a representative rate at least as high as the position from which the employee was separated.
		Former HHS excepted service employees who are preference eligible, and who, as the result of an appeal under 5 CFR Part 752, are found by the MSPB to have been unjustifiably dismissed from HHS but are not entitled to immediate restoration by the MSPB decision; **or**
		Former HHS excepted service employees fully recovered from a compensable injury (described under 5 CFR Part 353) more than 1 year after the date compensation began.
		Former employees in positions exempt from the 5 CFR Part 302 appointment procedures and listed under 5 CFR §302.101(c), such as attorneys, are included in B.1-3. above.
	**Registration**.
	**Timeframe**. Employees who are eligible for the PRL must register within the following timeframes:
		On or before the separation date; **or**
			Within 30 days after the date of injury, compensation benefits stop; or the date the Department of Labor denies an appeal for continuation of injury compensation benefits in accordance with 5 CFR §353.301(b).
		**Positions**.
		Employees must submit information to their servicing HR Center within the registration timeframe specifying the positions and conditions they will accept, including occupation(s), series, grades, work schedule (full-time, part-time, seasonal, or intermittent), and minimum hours of work per week.
			Employees may register for positions within the local commuting area at the same pay level with a representative rate no higher than the position from which the registrant was separated, with the following exceptions (5 CFR §302.303(b)(2-3)):
			Former employees who were furloughed or separated due to a compensable injury and who are not entitled to immediate restoration may also register for location(s) where vacancies are available if a vacancy is unlikely to occur where the former employee last served during his/her period of reemployment priority;
				Former employees whom MSPB finds to have been unjustly dismissed are considered/registered outside the commuting area from which they were separated if the MSBP decision specifies a broader or different geographic location.
			PRL eligibles may specify conditions they will accept, including:
			Additional occupation(s) and series;
				Grades lower than the position from which the registrant was/will be separated;
				Work schedules (full-time, part-time, seasonal, or intermittent);
				Minimum hours of work per week, as applicable, and
				Specific OpDivs/StaffDivs within the same local commuting area registered.
			If a PRL eligible agrees to transfer with their function under RIF but will be separated by RIF from the new position, registration is limited to the PRL for the new local commuting area.
		**Registration Form**. HR Centers may develop a form for employees to use, request that they include the position information on their resumes, or require the information be submitted in another format. These instructions must be provided to employees during the orientation session described in Section 330-2-50of this Instruction or when the HR Center issues a separation notice or Certification of Expected Separation under RIF; the employee accepts a lower grade or pay level; or is separated from the agency because of a compensable work-related injury.
		**Application Guidance**. HR Centers must be available to provide PRL eligibles guidance on how to register and help identify the positions for which they are eligible and qualified.
	**PRL Eligibility Period**. In accordance with 5 CFR §302.303, eligibility expires:
	Two (2) years from either the date of separation or the date the former employee is registered on the PRL due to recovery from a compensable work-related injury; **or**
		On the date the PRL registrant is removed from the PRL for one of the following reasons:
		Is placed in a position without a time limit;
			Withdraws from consideration, or declines an offer of 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 the position from which the person was separated.
		**Required Evidence for PRL Removal:**Evidence must be maintained by the HR Center for any reason for removal. When an individual is removed from the PRL because of a failure to reply to a specific permanent job offer or an inquiry of availability for a specific permanent vacancy, evidence is required showing the offer, inquiry, or scheduled interview was made in writing and clearly stated that failure to reply would result in removal from the PRL.
		Declination of a time-limited appointment does *not*affect PRL eligibility.
	**Applying PRL Selection Priority**.
	Unless the personnel action is one of the exceptions listed in Appendix D of this Instruction, HR Centers must select qualified PRL registrants for excepted service vacancies if the position:
		Is permanent or time-limited to be filled by an excepted service appointment; and
			There are PRL eligibles registered for the position at the grade or pay level. (If the  position is available at multiple grade levels, PRL applies at the grade or pay level in which the position is filled.)
		HR Centers must consider all qualified registrants on HHS’ PRL for the commuting area and excepted service authority of the position to be filled *before*referring the names of other qualified excepted service candidates (5 CFR §§302.303(d) and 302.304(a)).
		When candidates are being considered for a vacant position from anywhere in the U.S. (or equivalent) or the duty location is negotiable after selection, HR Centers must give selection priority to all qualified PRL eligibles registered for the position at the grade or pay level, regardless of their official duty location, before referring the names of other qualified excepted service candidates.
		HR Centers follow the assessment and selection procedures described in HHS Instruction 302-1, Employment in the Excepted Service (Section 302-1-80) to evaluate PRL eligibles separately from other candidates.
		HR Centers may appoint a candidate who is not PRL eligible, or a PRL eligible who has a lower standing on the PRL list when the PRL eligible(s) qualifications will create an undue interruption to the position. The HR Center must notify each PRL eligible of the reasons for non-selection and must also notify any preference eligible(s) on the PRL list of their right to appeal to the MSPB (5 CFR §302.304(a)). This documentation must be maintained in the recruitment case file.
		Once an HR Center fulfills these PRL requirements, other excepted service candidates may be considered for the position following the assessment and selection procedures described in HHS Instruction 302-1, Employment in Excepted Service.
		HR Centers must retain sufficient documentation to demonstrate PRL clearance for each excepted service vacancy.
		Individuals entitled to priority consideration who are preference eligibles, or suffered a compensable injury, have appeal rights to the MSPB if they believe their reemployment rights were violated (5 CFR §§302.304(a) and 302.501).330-2-110: RPL and PRL List Management

HHS Priority Placement Programs (PPP) lists include the Reemployment Priority List (RPL) and Priority Reemployment List (PRL) and are available via an HHS HRIT system.
	ASA/OHR and OpDiv/StaffDiv PPCs will have access to the HHS HRIT system to oversee and manage the lists.
	ASA/OHR oversees all Department-wide PPP programs, including the RPL and PRL lists; resolves issues or disputes among two or more HR Centers; establishes new lists, and periodically reviews lists to ensure registrants meet eligibility requirements.
	An HHS-wide RPL will be established by the ASA/OHR *for each commuting area*in which OpDivs/StaffDivs have RPL-eligible competitive service employees. All OpDivs/StaffDivs within the same commuting area use a single RPL. They are responsible for clearing the HHS PRL at initial announcement before hiring outside HHS’ permanent competitive service workforce.
	An HHS-wide PRL will be established by the ASA/OHR *for each commuting area and excepted service authority*in which OpDivs/StaffDivs have PRL-eligible excepted service employees. All OpDivs/StaffDivs within the same commuting area use a single PRL for each excepted service authority and are responsible for clearing the HHS PRL when filling excepted service positions.
	Each OpDiv/StaffDiv PPC is responsible for administering the day-to-day aspects of the PPP lists for their serviced OpDiv/StaffDiv, including:
	Tracking employees eligible for RPL or PRL priority selection for their serviced division to ensure their employees receive the career transition services described in this Instruction.
		Notifying the ASA/OHR when a new list(s) described under D. and E. above needs to be established based on employee eligibility within their serviced division.
		Entering RPL and PRL registrants on lists no later than ten calendar days after receiving the information/application, the employee was or will be separated by the local commuting area. All OpDivs/StaffDivs within the same local commuting area use a single RPL and/or PRL.
		In addition, PRL registrants are entered on the PRL list(s) by the excepted service appointing authority from which the employee was separated or last served *(i.e., there may be more than 1 PRL within a local commuting area if HHS excepted employees serving on different excepted authorities are eligible for reemployment consideration).*
		Entering the employee’s eligibility period, i.e., qualifying event date and expiration date.
		Entering the conditions under which the HHS employee will accept reemployment, i.e., occupation(s), series, grades, work schedule (full-time, part-time, seasonal, or intermittent), and minimum hours of work per week, as applicable.
		Making any necessary changes, such as an updated resume, conditions, contact information, etc., provided by the employee within ten calendar days of receipt. Updated qualifications or conditions for accepting positions apply to vacancies after the HR Center updates the RPL/PRL candidate’s information (i.e., ten calendar days after receipt).
		Clearing the HHS RPL and PRL, as applicable, when filling vacancies.
		Removing their division’s RPL and PRL registrants from the list(s) when the registrants’ eligibility expires.
		Ensuring documentation is maintained in recruitment case files showing the OpDiv/StaffDiv has met its RPL or PRL selection priority requirements sufficient for third-party reconstruction.
		Resolving qualification disputes within their respective serviced division and submitting requests for dispute resolution between HR Centers to the ASA/OHR for decision. The request for a decision may be submitted by the gaining or losing HR Center. Still, the request must contain a written assessment of the issues, relevant documentation, and a recommendation.
	**CTAP and ICTAP**. The CTAP and ICTAP regulations require candidates to apply for a specific vacancy to receive priority consideration.
	HR Centers must track surplus and displaced employees for their serviced division to ensure its employees who are eligible for CTAP and ICTAP receive the career transition servicesdescribed in this Instruction.
		HR Centers ensure documentation is maintained in recruitment case files showing that OpDiv/StaffDiv has met its CTAP/ICTAP selection priority requirements sufficient for third-party reconstruction.
		HR Centers must notify OpDiv/StaffDiv PPCs, with supporting documentation, when a CTAP candidate is no longer eligible for further priority consideration. For example, if the CTAP candidate who is employed at FDA declines a CDC job offer, the CDC PPC will notify FDA PPC. The employing office PPC will then notify the CTAP candidate that their CTAP eligibility has ended and the basis for it. (See Section 330-2-60, Period of Eligibility, for events that end CTAP eligibility.)330-2-120: Documentation and Accountability

Records associated with meeting CTAP, ICTAP, RPL, and PRL selection priority requirements, including documentation sufficient for third-party reconstruction purposes, must be retained according to the record disposition schedule. Generally, all records created in a given year must be retained for a total of three (3) full years. Records involved in litigation and grievance processes may be destroyed only after official notification from OPM, Department othe f Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, resolved, and closed.
	ASA/OHR may conduct periodic accountability reviews to analyze compliance with this Instruction, HHS and OPM policy and guidance, and all applicable federal laws and regulations.Appendix A: Exceptions to **CTAP** Selection (5 CFR §330.609)

An OpDiv/StaffDiv may take the following actions as exceptions to CTAP selection:

Reemploy a former HHS employee with regulatory or statutory reemployment rights, including the reemployment of an injured worker who either has been restored to earning capacity by the Office of Workers' Compensation Programs, Department of Labor, or has received a notice that his or her compensation benefits will cease because of full recovery from the disabling injury or illness;
	Detail an HHS employee;
	Appoint an individual for a period limited to 120 or fewer days, including all extensions;
	Appoint an individual under an excepted service appointing authority;
	Promote an employee for a period limited to 120 or fewer days, including all extensions;
	Promote an employee to the next higher grade or pay level of a designated career ladder position;
	Reassign employees between or among positions in the local commuting area when there is no change in grade or promotion potential and no actual vacancy results;
	Reassign or demote an employee based on performance or adverse action (5 CFR Parts 432 or 752);
	Convert an employee currently serving under an appointment providing noncompetitive conversion eligibility to a competitive service appointment, including a/n
	Veterans Recruitment Appointment (VRA) under 5 CFR Part 307;
		30% or More Disabled Veteran appointment under 5 CFR Part 316;
		Excepted service appointment under 5 CFR Part 213; or
		A post-secondary student appointment under 5 U.S.C. 3116 and 5 CFR 316, Subpart I.
	A position change of an employee into a different position as a result of a formal reorganization, as long as the former position ceases to exist and no actual vacancy results;
	A Reduction in Force (RIF) action under 5 CFR Part 351;
	Intergovernmental Personnel Act (IPA) under 5 U.S.C. Chapter 33, Subchapter VI, or the Information Technology Exchange Program under 5 U.S.C. Chapter 37;
	A position change of an employee within the excepted service;
	A position change of a surplus or displaced employee in the local commuting area;
	A position change of an employee resulting from a reclassification action (such as accretion of duties or action resulting from the application of new position classification standards);
	A position change of an employee under 5 U.S.C. 8337 or 8451 to allow continued employment of an employee who is unable to provide useful and efficient service in his or her current position because of a medical condition;
	A position change of an injured or disabled employee to a position in which he or she can be reasonably accommodated;
	A position change of an employee to a position that constitutes a reasonable offer as defined in 5 U.S.C. 8336(d) and 8414(b);
	Recall a seasonal or intermittent employee from non-pay status;
	A personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
	Reassign or demote an employee under 5 CFR §315.907 of this chapter for failure to complete a supervisory or managerial probationary period;
	Retain an individual whose position is brought into the competitive service under a term appointment (5 CFR Part 316) and convert that individual to career or career-conditional appointment, when applicable via 5 CFR Part 315;
	Retain an employee covered by an OPM-approved variation (5 CFR 5.1);
	Reemploy a former HHS employee who retired under a formal trial retirement and reemployment program and who requests reemployment under the program's provisions and applicable time limits;
	Extend a time-limited promotion or appointment up to the maximum period allowed (including any OPM-approved extensions beyond the regulatory limit on the time-limited promotion or appointment) if the original action was made subject to CTAP selection priority and the original announcement or notice stated that the promotion or appointment could be extended without further announcement;
	Transfer an employee between federal agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
	Appoint a member of the Senior Executive Service into the competitive service under 5 U.S.C. 3594
	Transfer an employee voluntarily from one federal agency to another under a Memorandum of Understanding or similar agreement under appropriate authority resulting from an interagency reorganization, interagency transfer of function, or interagency mass transfer when both the agencies and the affected employee agree to the transfer;
	Reassign an employee whose position description or other written mobility agreement provides for reassignment outside the commuting area as part of a planned HHS rotational program;
	Transfer or a position change of an employee under a supervisory, management, or executive development program (5 CFR Part 412);
	Convert an employee's time-limited appointment in the competitive or excepted service to a permanent appointment in the competitive service if the employee accepted the time-limited appointment while a CTAP eligible;
	Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and 5 CFR Part 315.614; or
	Make an appointment using the post-secondary student hiring authority under 5 U.S.C. 3116 and 5 CFR 316, Subpart I.Appendix B: Exceptions to **ICTAP** Selection (5 CFR §330.707)

An OpDiv/StaffDiv may take the following actions as exceptions to ICTAP selection:

Place a current, or reinstate a former HHS employee with RPL selection priority;
	A position change of a current permanent competitive service agency employee;
	Appoint a 10-point veteran preference eligible through an appropriate appointing authority;
	Reemploy a former HHS employee with regulatory or statutory reemployment rights, including the reemployment of an injured worker who either has been restored to earning capacity by the Office of Workers' Compensation Programs, Department of Labor, or has received a notice that his or her compensation benefits will cease because of recovery from disabling injury or illness;
	Appoint an individual for a period limited to 120 or fewer days, including all extensions;
	Appoint an individual under an excepted service appointing authority;
	Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
	Veterans Recruitment Appointment (VRA) under 5 CFR Part 307;
		30% or More Disabled Veteran appointment under 5 CFR Part 316;
		Excepted service appointment under 5 CFR Part 213; or
		A post-secondary student appointment under 5 U.S.C. 3116 and 5 CFR 316, Subpart I.
	Transfer an employee between federal agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
	A Reduction in Force (RIF) action under 5 CFR Part 351;
	Intergovernmental Personnel Act (IPA) under 5 U.S.C. Chapter 33, Subchapter VI, or the Information Technology Exchange Program under 5 U.S.C. Chapter 37;
	A personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
	Extend a time-limited appointment up to the maximum period allowed (including any OPM-approved extension past the regulatory limit on the time-limited appointment) if the original action was made subject to ICTAP selection priority and the original vacancy announcement stated that the appointment could be extended without further announcement;
	Reappoint a former HHS employee into a hard-to-fill position requiring unique skills and experience to conduct a formal skills-based agency training program;
	Retain an individual whose position is brought into the competitive service under a term appointment (5 CFR Part 316) and convert that individual to career or career-conditional appointment, when applicable via 5 CFR Part 315;
	Retain an employee covered by an OPM-approved variation (5 CFR 5.1);
	Reemploy a former HHS employee who retired under a formal trial retirement and reemployment program and who requests reemployment under the program's provisions and applicable time limits;
	Appoint an appointee of the Senior Executive Service into the competitive service under 5 U.S.C. 3594;
	Detail an employee to another federal agency;
	Transfer employees under an OPM-approved interagency job swap plan designed to facilitate the exchange of employees between agencies to avoid or minimize involuntary separations;
	Transfer or reinstate a ‘Well Qualified’ ICTAP eligible, as defined in this Instruction;
	Transfer an employee voluntarily from one federal agency to another under a Memorandum of Understanding or similar agreement under appropriate authority resulting from an interagency reorganization, interagency transfer of function, or interagency realignment, when both the agencies and the affected employee agree to the transfer;
	Transfer or a position change of an employee under a supervisory, management, or executive development program (5 CFR Part 412);
	Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and 5 CFR Part 315.614; or
	Make an appointment using the post-secondary student hiring authority under 5 U.S.C. 3116 and 5 CFR 316, Subpart I.Appendix C: Exceptions to **RPL** Selection (5 CFR §330.211)

An OpDiv/StaffDiv may take the following actions as exceptions to RPL selection:

Fill a vacancy with an employee of HHS’ current permanent competitive service workforce through detail or position change, subject to the requirements of CTAP;
	Appoint a 10-point preference eligible through an appropriate appointing authority;
	Appoint a current or former employee exercising restoration rights under 5 CFR Part 353 based on the return from military service or recovery from a compensable injury or disability within one year;
	Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
	Fill a specific position when all RPL eligibles decline an offer of the position or fail to respond to a written OpDiv/StaffDiv inquiry about their availability;
	Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
	A Veterans Recruitment Appointment under 5 CFR Part 307 of this chapter;
		An appointment under 5 CFR Part 316 of a veteran with a compensable service-connected disability of 30 percent or more; and
		An excepted service appointment under 5 CFR Part 213;
	Reappoint without a break in service to the same position currently held by an employee serving under a temporary appointment of 1 year or less (only to another temporary appointment not to exceed one year or less);
	Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
	Appoint an individual under an excepted service appointing authority.Appendix D: Exceptions to **PRL** Selection (5 CFR Part 302)

An OpDiv/StaffDiv may take the following actions as exceptions to PRL selection:

Fill a vacancy with an employee of HHS’ current permanent excepted service workforce through detail;
	Appoint a 10-point preference eligible through an appropriate appointing authority;
	Appoint a current or former employee exercising restoration rights under 5 CFR Part 353 based on the return from military service or recovery from a compensable injury or disability within one year;
	Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
	Fill a specific position when all PRL eligibles decline an offer of the position or fail to respond to a written OpDiv/StaffDiv inquiry about their availability;
	Reappoint a current or former non-temporary employee who is a preference eligible, in accordance with 5 CFR §302.402; or
	Extend an employee's temporary appointment up to the maximum permitted by the excepted appointment authority and 5 CFR §213.104 or as authorized by OPM.

                    
  


Content created by Office of Human Resources (OHR) Content last reviewed November 3, 2022 Back to top
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