Interagency Placement Program

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