This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

67281

Vol. 60, No. 250

Friday, December 29, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 330

RIN 3206–AH26

Career Transition Assistance for

Surplus and Displaced Federal

Employees

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management is issuing interim

regulations to implement the President’s

memorandum of September 12, 1995,

that requires Federal agencies to

develop career transition assistance

programs to help their employees

affected by downsizing obtain other

employment. The regulations require

agencies to provide transition assistance

services and give hiring priority to

surplus and displaced employees.

DATES: Interim regulations are effective

on December 29, 1995. Agencies will

draft and effect their Agency Career

Transition Assistance Plan, including

provisions to give selection priority to

their surplus and displaced employees,

as soon as possible, but no later than

February 29, 1996, unless an extension

is requested and approved by OPM. A

new program providing selection

priority for displaced employees on an

interagency basis—the Interagency

Career Transition Assistance Plan—will

go into effect on February 29, 1996, at

which time the operation of the current

OPM Interagency Placement Program

will be suspended. These special plans

will operate through September 30,

1999, unless further extended because

of severe downsizing. Written

comments will be considered if received

no later than February 27, 1996.

ADDRESSES: Send or deliver written

comments to Leonard R. Klein,

Associate Director for Employment,

Office of Personnel Management, Room

6F08, 1900 E Street NW., Washington,

DC 20415–0001.

FOR FURTHER INFORMATION CONTACT:

Diane Bohling or Ed McHugh, 202–606–

0960, FAX 202–606–2329.

SUPPLEMENTARY INFORMATION: On

September 12, 1995, the President

issued a memorandum entitled ‘‘Career

Transition Assistance for Federal

Employees’’ that directs Federal

agencies to establish career transition

assistance programs to help their

surplus and displaced workers find

other jobs as the Federal Government

undergoes downsizing and

restructuring. As set forth in the

memorandum, such programs are to be

developed in partnership with labor and

management, and follow guidance and

regulations provided by the Office of

Personnel Management (OPM).

OPM is issuing the following

regulations which were developed in

cooperation with representatives from

the Interagency Advisory Group and

employee unions. These regulations

provide the framework for

implementing the President’s directive.

The goal of the Presidential directive

is to maximize employment

opportunities for displaced workers,

both within and outside the Federal

Government. Under these regulations,

Federal agencies are required to draft

and effect Agency Career Transition

Assistance Plans as soon as possible, but

no later than February 29, 1996 (unless

an extension is requested and approved

by OPM) to provide career transition

services to their surplus and displaced

employees, and give special selection

priority to these workers. These

regulations set minimum standards for

these plans, which can be supplemented

at the agency’s discretion.

Agency plans will have three

components: (1) Policies to provide

their surplus and displaced employees

with career transition services such as

skills assessment, resume preparation,

counselling and job search assistance;

(2) policies and procedures for selecting

their own well-qualified surplus or

displaced agency employees who apply

for agency vacancies in the local

commuting area, before any other

candidate from within or outside the

agency; and (3) operation of the agency’s

Reemployment Priority List (RPL) under

subpart B of 5 CFR 330. These plans

will operate through September 30,

1999, unless further extended because

of severe downsizing. Because the

Department of Defense already has an

effective program in operation to

provide selection priority to surplus and

displaced employees within the

Department—the Priority Placement

Program—the requirement described in

2 above does not apply to the

Department of Defense. The Department

of Defense is subject to the other

elements of these regulations, and the

Reemployment Priority List under

Subpart B of 5 CFR 330, and its

employees are eligible for the benefits

provided by these programs.

Traditionally, the Federal

Government has relied on referrals from

centralized inventories as the

mechanism to place surplus and

displaced workers in jobs in other

agencies. Although the program

currently used to do this, the OPM

Interagency Placement Program, is

automated and provides quick and

efficient referrals, it has placed very few

workers. An OPM review of the system

shows that candidates frequently

decline job offers that come through the

referral process or simply do not

respond to job availability inquiries

even though they had previously

registered for such assistance. Many

other displaced workers simply fail to

register for the program.

Because of the severe downsizing

expected over the next few years, the

Presidential memorandum and these

implementing regulations take a new

approach to helping surplus and

displaced workers find other jobs—

individual employee empowerment.

Workers affected by downsizing are

given the tools and resources to seek out

other Federal employment and the right

to be hired when they apply and are

well-qualified. Many experts have

suggested that the key to successful

career transition is individual initiative.

If individual workers have the power to

find, apply, and exercise selection

priority for specific vacancies in which

they themselves are interested, it is

believed that this would motivate and

reinforce an employee’s self interest in

finding other employment. The skills,

resources, and initiative that employees

develop in this process can be used

equally to find Federal vacancies or jobs

in the private sector. This latter aspect

is particularly important since Federal
67282 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

hiring is expected to be very limited in

the foreseeable future.

During the expected period of severe

downsizing, these regulations may

restrict the flexibility that agencies have

to hire candidates. Current statutory

requirements, which include providing

hiring preference to veterans, are not

affected by these regulations. The

regulations also do not affect existing

collective bargaining agreements. The

parties to such agreements, however, are

free to renegotiate those provisions that

may be affected. When current

agreements expire, new agreements

must adhere to these regulations. With

the switch to the individual employee

empowerment concept contained in

these regulations, the Interagency

Placement Program (IPP) is being

suspended. Employees who are enrolled

in the IPP at the time of its suspension

(February 29, 1996) will be eligible for

the Interagency Career Transition

Assistance Plan (ICTAP), and will be

notified of their rights and benefits

under the new program. The new

regulations also provide ICTAP

eligibility to several other categories of

employees who were formerly eligible

for the Interagency Placement Program

including employees separated because

of a compensable injury whose

compensation is subsequently

terminated, disability retirees whose

disability annuity has been terminated,

certain Military Reserve and National

Guard technicians who become eligible

for a special disability annuity, and

employees who were separated because

they declined a transfer of function or

directed reassignment to another

commuting area. As a result, former

subparts G and H which provided

placement eligibility for these special

categories of employees have been

merged into the revised subpart G

which is set forth in these regulations.

OPM will monitor Agency and

Interagency Career Transition

Assistance Plans, and will prepare

periodic progress reports. OPM will

make every effort to obtain data from

agencies through the existing Central

Personnel Data File. To assist agencies

and employees in implementing Career

Transition Assistance Plans, OPM’s

Workforce Restructuring Office has set

up a clearinghouse containing both

private sector and Federal career

transition materials (call 202–606–0960

for additional information) and a special

forum on OPM’s MAINSTREET

computer-based bulletin board to

provide information and handle

inquiries about the new regulations

(with modem dial 202–606–4800 and

select the Career Transition forum).

OPM also has a cadre of experienced

career transition specialists available for

on-site assistance. Comprehensive

information on worldwide Federal job

opportunities is available from OPM by

phone (912–757–3000; 912–744–2299

for TDD) or electronic bulletin board

(912–757–3100).

Waiver of Notice of Proposed

Rulemaking and Delay in Effective Date

Pursuant to 5 U.S.C. 553(b)(3)(B), I

find that good cause exists for waiving

the general notice of proposed

rulemaking because it would be

contrary to the public interest to delay

access to benefits. Also, pursuant to 5

U.S.C. 553(d)(3), I find that good cause

exists to waive the delay in the effective

date and make this amendment effective

in less than 30 days. The delay in the

effective date is being waived to give

effect to the benefits extended by the

amended provisions at the earliest

practicable date.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it affects only Federal

employees.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 330

Armed forces reserves, Government

employees.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending part

330 of title 5, Code of Federal

Regulations, as follows:

PART 330—RECRUITMENT,

SELECTION, AND PLACEMENT

(GENERAL)

1. The authority citation for part 330

continues to read as follows:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O.

10577, 3 CFR 1954–58 Comp., p. 218;

§ 330.102 also issued under 5 U.S.C. 3327;

subpart B also issued under 5 U.S.C. 3315

and 8151; § 330.401 also issued under 5

U.S.C. 3310; subpart H also issued under 5

U.S.C. 8337(h) and 8457(b); subpart I also

issued under sec. 4432 of Pub. Law 102–484.

2. Section 330.301 is revised to read

as follows:

§ 330.301 Coverage.

(a) This subpart covers the

Interagency Placement Program for

employees who will be displaced or

who have been separated from their

Federal jobs as a result of agency work

force reductions, compensable on-thejob injury, discontinued service

retirement, or disability retirement.

Agencies have the primary

responsibility for providing placement

assistance to their surplus and displaced

employees, and for administering career

transition assistance programs. OPM

supplements these agency efforts by

administering the Interagency

Placement Program which gives surplus

or displaced employees priority referral

to positions in other agencies.

(b) The applicability of this subpart is

suspended from February 29, 1996

through September 30, 1999. In the

interim, placement assistance will be

provided in accordance with subparts B,

F, and G of this part. OPM may extend

this date if it determines that the

Federal Government is still

experiencing an emergency downsizing

situation.

3. Subpart F is redesignated as

subpart J and a new subpart F is added

to read as follows:

Subpart F—Agency Career Transition

Assistance Plans (CTAP) for Local

Surplus and Displaced Employees

Sec.

330.601 Purpose.

330.602 Agency plans.

330.603 Duration.

330.604 Definitions.

330.605 Eligibility.

330.606 Order of selection for filing

vacancies from within the agency.

330.607 Agency notification

responsibilities.

330.608 Application and selection.

330.609 Qualification reviews.

330.610 Reporting.

330.611 Oversight.

Authority: Presidential memorandum

dated September 12, 1995, entitled ‘‘Career

Transition Assistance for Federal

Employees’’.

§ 330.601 Purpose.

(a) This subpart implements the

President’s memorandum of September

12, 1995, to establish agency career

transition assistance plans for Federal

employees during a period of severe

Federal downsizing. It is the policy of

the United States Government to

provide services to help surplus and

displaced Federal employees take

charge of their own careers and find

other job offers, either within the

Federal Government or in the private

sector.

(b) The regulations in this subpart set

forth minimum criteria for agency career

transition assistance plans. Consistent

with the regulations, agencies may

supplement these provisions to expand
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67283

career transition opportunities to their

surplus and displaced workers at their

discretion.

(c) Sections 330.602(a)(2) and 330.604

through 330.609 do not apply to the

Department of Defense Priority

Placement Program.

(d) The provisions in this subpart do

not alter any existing negotiated

agreements in effect as of December 29,

1995. New agreements will be subject to

the provisions set forth in this part.

§ 330.602 Agency plans.

(a) Each agency will establish a career

transition assistance plan (CTAP) to

actively assist its surplus and displaced

employees make effective transitions to

other employment. Agencies will draft

and effect their plans by February 29,

1996, unless an extension is requested

and approved by OPM. A copy of the

draft plan and any additional modified

plans will be sent to OPM as approved

by the agency/department head or

deputy or undersecretary. An agency

plan will include:

(1) Policies to provide career

transition services to all surplus and

displaced agency employees, including

those in the excepted service and Senior

Executive Service, which address the

following:

(i) Types of career transition services

to be provided by the agency;

(ii) Use of excused absence for

employees to use the services and

facilities;

(iii) Employee use of services or

facilities after separation;

(iv) Training to be provided to

employees, managers, supervisors, and

union representatives on the use of

services;

(v) Retraining to be provided to

employees;

(vi) Access to services by employees,

including those in field offices and

remote sites and those with disabilities;

(vii) Availability of resource

information on other forms of Federal,

state, and local assistance which are

available to support career transition for

employees with disabilities; and

(viii) Role of employee assistance

programs in providing services;

(2) Policies to provide special

selection priority to well-qualified

surplus or displaced agency employees

who apply for agency vacancies in the

local commuting area, before selecting

any other candidate from either within

or outside the agency, and agency

procedures for reviewing qualification

issues;

(3) Operation of the agency’s

Reemployment Priority-List under

subpart B of 5 CFR part 330.

(b) To the extent practicable, agency

CTAPs shall be developed in

partnership with management and

employees’ union representatives.

§ 330.603 Duration.

This subpart will expire on September

30, 1999, unless the Office of Personnel

Management extends the program based

on its determination that the Federal

Government is still experiencing an

emergency downsizing situation.

§ 330.604 Definitions.

For purposes of this subpart:

(a) Agency means an Executive

Department, a Government corporation,

and an independent establishment as

cited in 5 U.S.C. 105.

(b) Displaced employee means a

current agency employee serving under

an appointment in the competitive

service, in tenure group I or II, who has

received a specific reduction in force

(RIF) separation notice.

(c) Eligible employee means a surplus

or displaced employee who meets the

conditions set forth in § 330.605(a).

(d) Local commuting area means the

geographic area that usually constitutes

one area for employment purposes as

determined by the agency. 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.

(e) Special selection priority means

the priority that eligible employees have

for selection to vacancies over any other

candidate.

(f) Surplus employee means a current

agency employee serving under an

appointment in the competitive service,

in tenure group I or II, who has received

a Certification of Expected Separation or

other certification issued by the agency

which identifies the employee as being

in a surplus organization or occupation.

(g) Vacancy means a competitive

service position lasting 90 days or more,

including extensions, which the agency

is filling, regardless of whether the

agency issues a specific vacancy

announcement.

(h) Well-qualified employee means an

eligible employee who satisfies the

criteria in either paragraphs (h)(1) or

(h)(2) of this section as determined and

consistently applied by the agency:

(1)(i) Meets the qualification standard

and eligibility requirements for the

position, including any medical

qualifications, and minimum

educational and experience

requirements;

(ii) Meets all selective factors where

applicable. Meets appropriate quality

rating factor levels as determined by the

agency. Selective and quality ranking

factors cannot be so restrictive that they

run counter to the goal of placing

displaced employees. In the absence of

selective and quality ranking factors,

selecting officials will document the

job-related reason(s) the eligible

employee is or is not considered to be

well qualified;

(iii) Is physically qualified, with

reasonable accommodation where

appropriate, to perform the essential

duties of the position;

(iv) Meets any special qualifying

condition(s) that OPM has approved for

the position; and

(v) Is able to satisfactorily perform the

duties of the position upon entry; or

(2) Is rated by the agency to be above

minimally qualified candidates in

accordance with the agency’s specific

selection process.

§ 330.605 Eligibility.

(a) To be eligible for the special

selection priority, an individual must

meet all of the following conditions:

(1) Is a surplus or displaced employee

as defined in § 330.604(b) and (f);

(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 timeframes

established by the agency; and

(6) Is determined by the agency to be

well-qualified for the specific vacancy.

(b) Eligibility for special selection

priority begins on the date the agency

issues the RIF separation notice,

Certification of Expected Separation, or

other certification identifying the

employee as being in a surplus

organization or occupation, whichever

is earliest.

(c) Eligibility expires on the earliest of:

(1) The RIF separation date;

(2) Cancellation of the RIF separation

notice, Certification of Expected

Separation, or other certification

identifying the employee as surplus; or

(3) When an eligible employee

receives a career, career-conditional, or

excepted appointment without time

limit in any agency.

§ 330.606 Order of selection for filling

vacancies from within the agency.

(a) Except as provided in paragraph

(b) of this section, when filling a

vacancy, an agency must select an
67284 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

employee eligible under its Career

Transition Assistance Plan before

selecting any other candidate from

within or outside the agency, unless

doing so would cause another employee

to be separated by reduction in force.

(b) The following actions are not

covered under this subpart:

(1) Placement of an agency employee

through reassignment, change to lower

grade, or promotion, when no

employees eligible under this subpart

apply;

(2) Reemployment of a former agency

employee exercising regulatory or

statutory reemployment rights;

(3) Position changes resulting from

reclassification actions;

(4) Temporary appointments of under

90 days (including extensions);

(5) Exchange of positions between or

among agency employees, when the

actions involve no increase in grade or

promotion potential;

(6) Conversion of an employee on an

excepted appointment which confers

eligibility for noncompetitive

conversion into the competitive service;

(7) Placement activities under part

351 of this chapter;

(8) 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;

(9) Placements made under the

Intergovernmental Personnel Act (IPA)

as provided in part 334 of this chapter

where they are for critical situations

where the failure to make the

assignment would substantially harm

Federal interests, such as providing

training for State takeover of a Federal

program;

(10) The filling of a position through

an excepted appointment;

(11) Details;

(12) Time-limited promotions of

under 90 days;

(13) Noncompetitive movement of

surplus or displaced employees;

(14) Movement of excepted service

employees within an agency;

(15) 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;

(16) A placement that is a ‘‘reasonable

offer’’ as defined in 5 U.S.C. 8336(d)

AND 8414(b);

(17) Career ladder promotions; and

(18) Recall of seasonal employees

from nonpay status.

§ 330.607 Agency notification

responsibilities.

(a) At the time it issues a specific RIF

separation notice, Certification of

Expected Separation, or other

certification that identifies an employee

as being likely to be separated by RIF,

an agency must give each of its eligible

employees information about the special

selection priority available to them

under the agency’s Career Transition

Assistance Plan.

(b) Agencies must take reasonable

steps to ensure eligible employees are

notified of all vacancies the agency is

filling and what is required for them to

be determined as well-qualified for the

vacancies.

§ 330.608 Application and selection.

(a) Application. (1) To receive this

special selection priority, an eligible

employee must apply for a specific

agency vacancy in the same local

commuting area as the position the

employee occupies within the

prescribed time frames, attach the

appropriate proof of eligibility as

described in paragraph (a)(2) of the

section, and be determined wellqualified by the agency for the specific

vacancy.

(2) Proof of eligibility. Employees may

submit the following as proof of

eligibility for the special selection

priority:

(i) RIF separation notice;

(ii) Certification of Expected

Separation; or

(iii) Other agency certification

identifying the employee as being in a

surplus organization or occupation.

(b) Selection. An agency may decide

the specific order of selection of its

eligible employees within the

provisions set forth in § 330.606(a) (e.g.,

the agency may decide to select

displaced employees before surplus

employees or may select surplus and/or

displaced employees from within a

particular component of the agency

before selecting surplus and/or

displaced employees from another

component of the agency).

(c) An agency cannot select any other

candidates from within or outside the

agency if eligible agency employees are

available for the vacancy or vacancies.

(d) If two or more eligible employees

apply for a vacancy and are determined

to be well-qualified, any of these eligible

employees may be selected.

(e) If no eligible employees apply or

none is deemed well-qualified, the

agency may select another agency

employee without regard to this subpart.

§ 330.609 Qualification reviews.

Agencies will ensure that a

documented review is conducted whenever an otherwise eligible employee is

determined to be not well-qualified.

§ 330.610 Reporting.

(a) Each agency shall submit an

annual report covering each fiscal year

activity under this subpart to OPM no

later than December 31 of each year,

beginning December 31, 1996.

(b) Each report will include the

following:

(1) Number of employees identified

by the agency as surplus and displaced

during that fiscal year;

(2) Number of selections of eligible

employees under the agency CTAP, or

in the case of the Department of

Defense, under its Priority Placement

Program; and

(3) The name, title, and telephone

number of the agency official

responsible for the report.

(c) Reports should be addressed to:

U.S. Office of Personnel Management,

Workforce Restructuring Office,

Employment Service, Room 6504,

Washington, DC 20415.

§ 330.611 Oversight.

OPM provides advice and assistance

to agencies in implementing their Career

Transition Assistance Programs. OPM is

also responsible for oversight of agency

CTAPs and may conduct reviews of the

plans at any time.

4. Subpart H is removed and reserved

and subpart G is revised to read as

follows:

Subpart G—Interagency Career Transition

Assistance Plan for Displaced Employees

Sec.

330.701 Purpose

330.702 Duration.

330.703 Definitions.

330.704 Eligibility.

330.705 Order of selection in filling

vacancies from outside the agency’s

workforce.

330.706 Agency notification requirements.

330.707 Application and selection.

330.708 Qualification reviews.

330.709 Reporting.

330.710 Oversight.

Authority: Presidential memorandum

dated September 12, 1995, entitled ‘‘Career

Transition Assistance for Federal

Employees’’.

Subpart G—Interagency Career

Transition Assistance Plan for

Displaced Employees

§ 330.701 Purpose.

(a) This subpart implements the

President’s memorandum of September

12, 1995, to establish a special

interagency career transition assistance

program for Federal employees during a

period of severe Federal downsizing.

(b) This subpart is effective February

29, 1996.

(c) Nothing in this subpart negates an

agency’s responsibilities for

reemploying displaced employees as

defined in § 330.703(b).
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67285

(d) The provisions of the

Reemployment Priority List (RPL) set

forth in subpart B of this part will

remain in effect during the period of

severe Federal downsizing. When an

agency considers candidates from

outside the agency for vacancies,

registrants in an agency’s RPL have

priority for selection over employees

eligible under this subpart in

accordance with § 330.705.

§ 330.702 Duration.

This subpart will expire on September

30, 1999, unless the Office of Personnel

Management extends the program based

on its determination that the Federal

Government is still experiencing an

emergency downsizing situation.

§ 330.703 Definitions.

For the purposes of this subpart:

(a) Agency has the meaning given in

§ 330.604(a).

(b) Displaced employee means:

(1) 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;

(2) A former career or careerconditional employee who was

separated because of a compensable

injury as provided under the provisions

of subchapter I of chapter 81 of title 5,

United States Code, whose

compensation has been terminated and

whose former agency is unable to place

the individual as required by part 353;

(3) A former career or careerconditional competitive service

employee, in tenure group I or II, who

retired with a disability under sections

8337 or 8451 of title 5, United States

Code, whose disability annuity has been

or is being terminated;

(4) A former career or careerconditional competitive service

employee, in tenure group I or II, in

receipt of a RIF separation notice who

retired on the effective date of the

reduction in force or under the

discontinued service retirement option;

(5) A former career or careerconditional competitive service

employee, in tenure group I or II, who

is separated because he/she declined a

transfer of function or directed

reassignment to another commuting

area; and

(6) 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,

United States Code.

(c) Eligible employee means a

displaced employee who meets the

conditions set forth in § 330.704(a).

(d) Local commuting area has the

meaning given in § 330.604(d) of

subpart F.

(e) Special selection priority has the

meaning given in § 330.604(e) of subpart

F.

(f) Vacancy has the meaning given in

§ 330.604(g) of subpart F.

(g) Well-qualified employee has the

meaning given in § 330.604(h) of

subpart F.

§ 330.704 Eligibility.

(a) To be eligible for the special

selection priority, an individual must

meet all of the following conditions:

(1) Is a displaced employee as defined

in § 330.703(b).

(2) Has a current (or a last)

performance rating of record of at least

fully successful or equivalent (except for

those eligible under § 330.703 (b)(2),

(b)(3), and (b)(6));

(3) Applies for a vacancy at or below

the grade level from which the

employee has been or is being

separated, that does not have a greater

promotion potential than the position

from which the employee has been or is

being separated;

(4) Occupies or was displaced from a

position in the same local commuting

area of the vacancy;

(5) Files an application for a specific

vacancy within the timeframes

established by the agency; and

(6) Is determined by the agency to be

well-qualified for the specific position.

(b) Eligibility for special selection

priority begins:

(1) On the date the agency issues the

RIF separation notice;

(2) On the date an agency certifies that

it can not place an employee eligible

under § 330.703(b)(2);

(3) On the date an employee eligible

under § 330.703(b)(3) is notified that his

or her disability annuity has been or is

being terminated;

(4) On the date an employee under

§ 330.703(b)(5) declines the transfer of

function or reassignment outside the

commuting area; or

(5) On the date the National Guard

Bureau or Military Department certifies

that an employee under § 330.703(b)(6)

has retired under 5 U.S.C. 8337(h) or

8456.

(c) Eligibility expires:

(1) 1 year after separation, except for

those employees separated on or after

September 12, 1995, and prior to

February 29, 1996. For these employees,

eligibility expires February 28, 1997;

(2) February 28, 1997, for those

candidates who were registered in

OPM’s Interagency Placement Program

(IPP) on or before February 15, 1996 and

received a letter from OPM informing

them of the demise of the IPP;

(3) 1 year after an agency certifies that

an individual under § 330.703(b)(2)

cannot be placed;

(4) 1 year after an individual under

§ 330.703(b)(3) receives notification that

his/her disability annuity has been or

will be terminated;

(5) When the employee receives a

career, career-conditional, or excepted

appointment without time limit in any

agency;

(6) When the employee no longer

meets the eligibility requirements set

forth in paragraph (a) of this section

(e.g., the employee is no longer being

separated by RIF or separates by

resignation or non-discontinued service

retirement prior to the RIF effective

date); or

(7) With a specific agency, upon

declination of an official offer to the

employee by that agency.

§ 330.705 Order of selection in filling

vacancies from outside the agency’s

workforce.

(a) Except as provided in paragraph

(c) of this section, when filling a

vacancy from outside the agency’s

workforce an agency must select:

(1) Current or former agency

employees eligible under the agency’s

Reemployment Priority List described in

subpart B, then;

(2) At the agency’s option, any other

former employee displaced from the

agency (under appropriate selection

procedures), then;

(3) Current or former Federal

employees displaced from other

agencies eligible under this subpart; and

then

(4) Any other candidate (under

appropriate selection procedures)

(optional).

(b) The following actions are subject

to this order of selection and are

covered under this subpart:

(1) Competitive appointments (e.g.,

from registers and direct-hire);

(2) Noncompetitive appointments

(e.g., the types listed in part 315,

subpart F, of this chapter);

(3) Movement between agencies (e.g.,

transfer), except as provided for in

paragraph (b)(9) of this section or part

351 of this chapter;

(4) Reinstatements (except as

provided for in paragraph (a)(2) of this

section); and

(5) Time-limited appointments of 90

days or more to the competitive service.

(c) The following actions are not

covered under this subpart:

(1) Selections from an agency’s

internal Career Transition Assistance

Plan or Reemployment Priority List as

described in subparts F and B of this

part respectively or any other internal
67286 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

agency movement of current agency

employees;

(2) Appointments of 10 point

veterans;

(3) Reemployment of former agency

employees who have regulatory or

statutory reemployment rights;

(4) Temporary appointments of under

90 days (including extensions);

(5) An action taken under part 351 of

this chapter;

(6) The filling of a position by an

excepted appointment;

(7) Conversions of employees on

excepted appointments that confer

eligibility for noncompetitive

conversion into the competitive service;

and

(8) Noncompetitive movement of

displaced employees between agencies

or employees moved as a result of

reorganization or transfer of function.

(9) Placement of injured workers

receiving workers’ compensation

benefits.

§ 330.706 Agency notification

requirements.

(a) At the time it issues specific RIF

separation notices, an agency must give

its employees information about their

eligibility for the special interagency

selection priority.

(b) Agencies are required to report all

vacancies to OPM when accepting

applications from outside the agency

(including applications for temporary

positions lasting 90 or more days).

(c) In addition, agencies shall provide

OPM an electronic file of complete

vacancy announcements or recruiting

bulletins for all positions reported.

(d) Content. Notice to OPM of job

announcements must include the

position title, tenure, location, pay plan

and grade (or pay rate) of the vacant

position; application deadline; and

other information specified by OPM. In

addition, agencies are required to

provide OPM with an electronic file of

the complete vacancy announcement or

recruiting bulletin, which must include

the qualifications required, equal

opportunity provisions and, when

applicable, veterans’ preference

provisions.

§ 330.707 Application and selection.

(a) Application. (1) To receive this

special selection priority, eligible

employees must apply directly to

agencies for specific vacancies in the

local commuting area within the

prescribed time frames, attach the

appropriate proof of eligibility as

described in paragraph (a)(2) of this

section, and be determined wellqualified by the agency for the specific

position.

(2) Proof of eligibility. Employees may

submit the following as proof of

eligibility for the special selection

priority:

(i) RIF separation notice;

(ii) Documentation showing that they

were separated as a result of declining

a transfer of function or directed

reassignment to another commuting

area;

(iii) Official certification from an

agency stating that its agency cannot

place an individual whose injury

compensation has been or is being

terminated;

(iv) Official notification from OPM

that an individual’s disability annuity

has been or is being terminated; or

(v) Official notification from the

Military Department or National Guard

Bureau that the employee has retired

under 5 U.S.C. 8337(h) or 8456.

(b) Selection. In making selections, an

agency will adhere to the overall order

of selection set forth in § 330.705. In

addition, the following apply:

(1) An agency cannot select another

candidate from outside the agency if

eligible employees are available for the

vacancy or vacancies.

(2) If two or more eligible employees

apply for a vacancy and are determined

to be well-qualified, any of these eligible

employees may be selected.

(3) If no eligible employees apply or

none is deemed well-qualified, the

agency may select another candidate

without regard to this subpart. (This

flexibility does not apply to selections

made from the agency’s Reemployment

Priority List as described in subpart B of

this part.)

(c) An agency may select a candidate

from its Career Transition Assistance

Plan or Reemployment Priority List, as

described in subparts F and B of this

part respectively, or another current

agency employee (if no eligible

employees are available through its

CTAP or RPL) at any time.

§ 330.708 Qualification reviews.

Agencies will ensure that a

documented review is conducted

whenever otherwise eligible employees

are found to be not well-qualified.

§ 330.709 Reporting.

(a) Each agency shall submit an

annual report covering each fiscal year

activity under this subpart to OPM no

later than December 31 of each year,

beginning December 31, 1996.

(b) Each report will include data

specified in § 330.610 of subpart F, and

will also include information on:

(1) The number of eligible employees

determined to be not well-qualified;

(2) The number of selections of

eligible employees from other Federal

agencies;

(3) The number of selections of other

employees from other Federal agencies

who are not displaced; and

(4) The number of selections from

outside the Federal Government.

§ 330.710 Oversight.

OPM is responsible for oversight of

the Interagency Career Transition

Assistance Plan for Local Displaced

Employees and may conduct reviews of

agency activity at any time.

[FR Doc. 95–31382 Filed 12–28–95; 8:45 am]

BILLING CODE 6325–01–M

5 CFR Parts 531, 550, 551, 610, and 630

RIN 3206–AH23

Format Changes in Compensation

Regulations

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations to revise the format of

certain regulatory provisions in title 5,

Code of Federal Regulations, relating to

Federal employees’ compensation so

that all definitions of terms are listed in

alphabetical order, consistent with the

format preferred by the Office of the

Federal Register.

EFFECTIVE DATE: December 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Ashford, (202) 606–2858 or

FAX: (202) 606–0824.

SUPPLEMENTARY INFORMATION: Most of

OPM’s compensation regulations list

definitional terms in alphabetical order

without any letter or number

designation, consistent with the format

preferred by the Office of the Federal

Register. However, in several sections of

the regulations, letter or number

designations continue to be used, and

the definitions are not necessarily listed

in alphabetical order. This format can

make it difficult for the reader to readily

locate a particular definition. OPM is

revising these definitions so that all

such listings are organized in

alphabetical order without letter or

number designations. With this change,

all sections listing compensation

definitions will have a consistent

format, and it will be easier for users of

the regulations to locate information.

The regulations also include revisions

in certain cross references made

necessary because of the deletion of the

former paragraph designations.