[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15481]
Federal Register / Vol. 59, No. 122 / Monday, June 27, 1994 /
[[Page Unknown]]
[Federal Register: June 27, 1994]
VOL. 59, NO. 122
Monday, June 27, 1994
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 330, 332 and 351
RIN 3206-AG11
Interagency Placement Program
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing revised interim
regulations that implement the new Interagency Placement Program. This
new program supersedes the Displaced Employee Program and Interagency
Placement Assistance Program through which OPM provided job placement
assistance to employees displaced by reduction in force. In response to
requests for a more effective and simplified program, OPM merged these
existing programs into one single automated comprehensive program, the
Interagency Placement Program which became activated on December 1,
1993. Through this program, OPM can provide quicker and better
placement service to employees and agencies. In addition, 5 CFR part
351, Reduction in Force, is being amended to add Sec. 351.807,
Certification of Expected Separation, which was erroneously removed at
58 FR 32046 dated June 8, 1993.
DATES: These interim regulations are effective June 27, 1994. Written
comments will be considered if received no later than August 26, 1994.
ADDRESSES: Send written comments to Leonard R. Klein, Associate
Director for Career Entry, Office of Personnel Management, Room 6F08,
1900 E Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT:
Diane Bohling, 202-606-2786, FAX 202-606-0390.
SUPPLEMENTARY INFORMATION: OPM operated two placement programs, the
Displaced Employee Program and the Interagency Placement Assistance
Program. Upon requests from agencies, OPM developed the new Interagency
Placement Program. Agencies stated the Displaced Employee Program and
the Interagency Placement Assistance Program did not meet their needs.
Among their reasons were:
Displaced Employee Program registrants were not required
to update their registrations. When employees were referred to agencies
through the Displaced Employee Program, many were no longer available
or could not be reached. This resulted in a high declination rate and a
slow, ineffective and cumbersome referral process, and was very costly
and time-consuming to the agencies. It also affected the credibility of
the program.
Each OPM Service Center maintained its own Displaced
Employee Program inventory. When an agency recruited for a position
that was located in a geographic area not within the jurisdiction of
its local OPM Service Center, it had to contact another OPM Service
Center to clear the Displaced Employee Program. It was confusing to
agencies as to which Service Center to contact.
The Interagency Placement Assistance Program was not
successful in placing employees who were identified as surplus.
The Interagency Placement Assistance Program was not
successful in placing excepted service employees who did not have
personal competitive status.
Similar to the Displaced Employee Program, agencies must consider
Interagency Placement Program registrants before making competitive
appointments to positions that are expected to last more than 1 year.
This means that agencies must consult the Interagency Placement Program
inventory when filling positions through a competitive register held by
OPM or an agency with delegated examining authority; direct-hire
authority; or the Outstanding Scholar provision. Agencies do not need
to consult the Interagency Placement Program inventory when making
noncompetitive appointments or conversions to the competitive service.
No individual may be selected for such a vacancy as long as a qualified
IPP registrant is available. Appointing officers may not pass over an
IPP eligible to select a non-IPP eligible unless an objection to the
IPP eligible is sustained.
To meet the needs of its customers and resolve the problems
identified, OPM is proposing only a few changes to existing
regulations. The existing regulations remain the same with the
following changes to 5 CFR part 330, subparts C, D, and H; 5 CFR part
323, subpart C and 5 CFR part 351, subpart H:
these proposed regulations reflect the new Interagency
Placement Program name;
the Interagency Placement Program automates and
centralizes OPM's placement program, expedite the referral process,
reduces costs to the agencies, increases the period of placement
assistance for career-conditional employees from 1 year to 2 years, and
requires registrants to update their registration every 6 months to
maintain a current placement program inventory;
excepted service employees must have personal competitive
status obtained from a previous appointment and be in Tenure 1 or 2 to
be eligible for registration in the Interagency Placement Program; and
employees must have received a specific reduction in force
notice or a Certification of Expected Separation to register in the new
Interagency Placement Program.
Agency personnel offices have been provided an Interagency
Placement Program Operating Plan and an Automated Applicant Referral
System Users Handbook which describe the operation of the Interagency
Placement Program.
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 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 certain Federal employees.
List of Subjects
5 CFR Part 330
Armed forces reserves, Government employees.
5 CFR Part 332
Government employees.
5 CFR Part 351
Administrative practice and procedure, Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending parts 330, 332 and 351 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; Sec. 330.102 also issued under 5 U.S.C. 3327; subpart
B also issued under 5 U.S.C. 3315 and 8151; Sec. 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.
Subpart C--Placement Assistance Programs for Displaced Employees
2. In subpart C, Secs. 330.301 and 330.302 are revised to read as
follows:
Sec. 330.301 Coverage.
This subpart covers the Interagency Placement Program for employees
who will be displaced or have been separated from their Federal jobs as
a result of agency work force reductions, compensable on-the-job
injury, discontinued service retirement or disability retirement.
Agencies have the primary responsibility for providing placement
assistance to their surplus or displaced employees, and for operating
positive placement programs as set forth in Sec. 330.307 of this
subpart. OPM supplements these agency efforts by administering an
Interagency Placement Program which gives surplus or displaced
employees priority referral to positions in other agencies.
Sec. 330.302 OPM Interagency Placement Program.
OPM operates the Interagency Placement Program (IPP) which provides
placement assistance to employees who have received a Certification of
Expected Separation or specific notice of separation, or who have been
separated.
3. In section 330.303, paragraph (a) is removed and reserved, and
paragraphs (b) introductory text and (b)(4)(iii) are revised to read as
follows:
Sec. 330.303 Eligibility.
* * * * *
(b) For the IPP, the registrant must:
(4) * * *
(iii) Has fully or partially recovered from a compensable injury in
accordance with the provisions of sub-chapter I of chapter 81 of title
5, United States Code, when the agency is unable to restore the
employee;
* * * * *
4. Section 330.304 is revised to read as follows:
Sec. 330.304 Period of eligibility.
Employees registered in the IPP receive 2 years of OPM placement
assistance renewable in 6 month increments by the registered employee.
5. In section 330.305, paragraphs (a), (b) and (d) are revised to
read as follows:
Sec. 330.305 Placement assistance.
(a) IPP registrants are referred ahead of other candidates when
they are qualified and available for vacancies expected to last more
than 1 year and that are filled through competitive appointments. No
individual may be selected for such a vacancy as long as a qualified
IPP registrant is available. Referrals are based on qualifications of
registrants.
(b) Placement assistance is nationwide except that registrants who
decline transfer or reassignment outside the commuting area may
register for placement assistance only within the commuting area of the
position from which they will be or were separated. However, these
registrants may transfer their eligibility to another commuting area if
they later relocate.
* * * * *
(d) When an agency selects an IPP registrant, it employs him or her
under appropriate appointments such as reinstatement, transfer,
position change, or excepted appointment.
6. Section 330.306 is revised to read as follows:
Sec. 330.306 Termination of eligibility.
Eligibility for assistance under the IPP will be terminated if one
of the following occurs:
(a) A registrant's 2 year period of eligibility expires (except for
preference eligibles who are eligible for up to 1 year of additional
assistance as specified in Sec. 330.407);
(b) The registrant requests, in writing, that placement assistance
be terminated;
(c) The registrant is placed in a nontemporary position in either
the competitive or excepted service;
(d) The registrant declines an offer of continuing employment in
the competitive or excepted service under conditions (i.e., grade,
salary, geographic location, or work schedule) the registrant
previously indicated were acceptable, unless OPM determines that an
exception is warranted; or
(e) The agency notifies OPM that the registrant no longer meets the
eligibility criteria for program registration and placement assistance.
7. In Sec. 330.307, paragraphs (a)(1), (b) and (c) are revised to
read as follows:
Sec. 330.307 Agency responsibilities.
(a) Agency program. (1) Each agency has primary obligation to
assist, to the maximum extent practical and in keeping with the
requirements set forth in paragraph (a)(2) of this section, in the
placement of surplus and displaced employees. OPM's placement program
only supplements these efforts and is not intended to relieve an agency
of its responsibility to provide the maximum placement assistance
possible.
* * * * *
(b) Registration of eligible employees. In accordance with subpart
H of part 351 of this chapter, agencies must inform affected employees
about the Interagency Placement Program at the same time that
Certifications of Excepted Separation or specific reduction in force
notices are distributed. Employees who receive a Certification of
Expected Separation may register up to 6 months prior to separation.
Agencies are responsible for assisting employees with their
registration forms, for completing the information requested on the
forms, for ensuring employees meet the minimum qualification
requirements for the position(s) registered, and for sending them to
the appropriate office as instructed by OPM.
(c) Consideration of individuals referred. Agencies will give full
consideration to individuals referred through OPM's Interagency
Placement Program. Full consideration is a careful and open review of
the qualifications of the registrant as described in the individual's
application forms, contact to determine interest and availability, and
an interview; if possible, to further assess the registrant's ability
to perform the duties of the position within a reasonable period of
time. An appointing officer may not pass over an IPP eligible to select
a non-IPP eligible unless an objection to the IPP eligible is sustained
by OPM or an agency with delegated authority.
Subpart D--Positions Restricted to Preference Eligibles
8. In subpart D, Sec. 330.404 is revised to read as follows:
Sec. 330.404 Displacement of preference eligibles occupying restricted
positions in contracting out situations.
OPM and agencies have certain obligations toward preference
eligibles occupying restricted positions when a decision is made to
contract out a Government-performed commercial activity in accordance
with the Office of Management and Budget (OMB) Circular A-76. (Copies
of the OMB circular are available from Executive Office of the
President, Office of Management and Budget, Publications Office, 725
17th Street, NW., Room 220, New Executive Office Building, Washington,
DC 20503.) Preference eligibles are entitled to additional placement
assistance through the Interagency Placement Program. These preference
eligibles must:
(a) Be occupying restricted positions as designated in 5 U.S.C.
3310 and Sec. 330.401;
(b) Be in the competitive service (in tenure I or II); and
(c) Meet the eligibility requirements of the IPP which are
described in subpart C of this part.
9. In Sec. 330.405, paragraph (c) is revised to read as follows:
Sec. 330.405 Agency placement assistance.
* * * * *
(c) Notifying preference eligibles of the right to register in the
IPP at least 60 days before the effective date of separation.
* * * * *
10. In Sec. 430.406, paragraphs (c) and (e) are revised to read as
follows:
Sec. 330.406 OPM placement assistance.
* * * * *
(c) Assuring that all agencies that have vacancies to fill through
the competitive examining process give full consideration to adversely
affected preference eligibles registered in the IPP.
* * * * *
(e) Monitoring this placement assistance through IPP procedures.
11. Section 330.407 is revised to read as follows:
Sec. 330.407 Duration of eligibility for assistance.
Adversely affected preference eligibles may remain in the IPP for 1
year after their normal IPP eligibility expires with placement
assistance renewable in 6 month increments by the registered employee.
Eligibility may, however, be terminated earlier in accordance with
other IPP procedures.
Sec. 330.801 [Amended]
12. In Sec. 330.801, paragraph (c) is amended by removing the
semicolon and the word ``and'' at the end of the paragraph and
inserting a period in their place and paragraph (d) is removed.
PART 332--RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION
13. The authority citation for part 332 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-58
Comp., p. 218.
Subpart C--Period of Competition and Eligibility
14. In subpart C, Sec. 332.314 is revised to read as follows:
Sec. 332.314 Displaced employees eligible for placement assistance.
Subject to the time limits and other conditions published by OPM, a
person who is eligible for placement assistance through the Interagency
Placement Program described in subpart C of part 330 of this chapter is
entitled to file applications for competitive examinations after the
closing date for receipt of applications when there is an existing
register or a register is about to be established. Applications may be
filed at any grade or level above the position from which the person is
about to be or was displaced, for which such person is qualified.
PART 351--REDUCTION IN FORCE
15. The authority citation for part 351 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3502, 3503, Sec. 351.801 also issued
under E.O. 12828, 58 FR 2965.
16. In Sec. 351.803, paragraph (a) is revised to read as follows:
Sec. 351.803 Notice of eligibility for reemployment and other
placement assistance.
(a) An employee who receives a specific notice of separation under
this part must be given information concerning the right to
reemployment consideration under subparts B (Reemployment Priority
List) and C (Interagency Placement Program) of part 330 of this
chapter. The employee also must be given information concerning how to
apply for unemployment insurance through his or her appropriate State
program. This information must be provided either in or with the
specific reduction in force notice or as a separate supplemental notice
to the employee.
15. Section 351.807 is added to read as follows:
Sec. 351.807 Certification of Expected Separation.
(a) For the purpose of enabling otherwise eligible employees to be
considered for eligibility to participate in dislocated workers
programs under the Job Training Partnership Act administered by the
U.S. Department of Labor, an agency may issue a Certificate of Expected
Separation to a competing employee who the agency believes, with a
reasonable degree of certainty, will be separated from Federal
employment by reduction in force procedures under this part. A
certification may be issued up to 6 months prior to the effective date
of the reduction in force.
(b) This certification may be issued to a competing employee only
when the agency determines:
(1) There is a good likelihood the employee will be separated under
this part;
(2) Employment opportunities in the same or similar position in the
local commuting area are limited or nonexistent;
(3) Placement opportunities within the employee's own or other
Federal agencies in the local commuting area are limited or
nonexistent; and
(4) If eligible for optional retirement, the employee has not filed
a retirement application or otherwise indicated in writing an intent to
retire.
(c) A certification is to be addressed to each individual eligible
employee and must be signed by an appropriate agency official. A
certification must contain the expected date of reduction in force, a
statement that each factor in paragraph (b) of this section has been
satisfied, and a description of Job Training Partnership Act programs,
the Interagency Placement Program, and the Reemployment Priority List.
(d) A certification may not be used to satisfy any of the notice
requirements elsewhere in this subpart.
(e) An agency determination of eligibility for certification may
not be appealed to OPM or the Merit Systems Protection Board.
(f) An agency also may enroll eligible employees in the Interagency
Placement Program and the Reemployment Priority List up to 6 months in
advance of a reduction in force. For requirements and criteria for
these programs, see subparts B and C of part 330 of this chapter.
[FR Doc. 94-15481 Filed 6-24-94; 8:45 am]
BILLING CODE 6325-01-M
