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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 04/08/2020.

Material Superseded:

This Instruction supersedes HHS Instruction 330-2, Career Transition Plan, dated 01/29/2009.

Background:

In accordance with 5 Code of Federal Regulation (CFR) Parts 302 and 330, this policy outlines the requirements for HHS’ Priority Placement Programs (PPP). The following revisions were made to the 2009 policy:

1) Clarifies the requirements for the Career Transition Assistance Plan (CTAP), the Interagency Career Transition Assistance Plan (ICTAP), and HHS’ Reemployment Priority List (RPL), in accordance with 5 CFR Part 330.

2) Establishes a HHS Priority Reemployment List (PRL) to provide placement assistance to former HHS excepted service employees who have been furloughed or separated under RIF, or due to compensable injury, in accordance with 5 CFR Part 302.

3) Reestablishes a HHS-wide RPL list for competitive service employees.  (CTAP and ICTAP regulations require candidates to apply to a specific vacancy to receive priority consideration.)

4) Establishes a requirement for the appointment of a HHS Priority Placement Coordinator (PPC) to oversee all aspects of the HHS’s program, including the HHS-wide RPL and PRL lists, and the requirement for each Operating Human Resources Organization (OHRO) to appoint a PPC to administer the day-to-day aspects of the program for their serviced Operating Division/Staff Division (OpDiv/StaffDiv).

This issuance is effective immediately and must be carried out in accordance with applicable laws, regulations, bargaining agreements, and Departmental policy.

/s/

J. Blair Duncan
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 CTAP
Appendix B:  Exceptions to ICTAP
Appendix C:  Exceptions to RPL
Appendix 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 in conjunction 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

  1. 5 CFR Part 302, Employment in the Excepted Service exit disclaimer icon
  2. 5 CFR Part 330, Subpart A, Filling Positions in the Competitive Service exit disclaimer icon
  3. 5 CFR Part 330, Subpart B, Reemployment Priority List (RPL) exit disclaimer icon
  4. 5 U.S.C §§3309 through 3318, Examination, Certification, and Appointment exit disclaimer icon
  5. 5 U.S.C §3327, Civil service employment information exit disclaimer icon
  6. 5 U.S.C §3330, Government-wide list of vacant positions exit disclaimer icon
  7. 5 Code of Federal Regulations (CFR) §210.102, Definitions exit disclaimer icon
  8. 5 CFR §315, Subpart E, Career or Career-Conditional Employment by Transfer exit disclaimer icon
  9. 5 CFR §330.104, Requirements for vacancy announcements exit disclaimer icon
  10. 5 CFR §330, Subpart B, Reemployment Priority List (RPL) exit disclaimer icon
  11. K. 5 CFR §330, Subpart F, Agency Career Transition Assistance Plan (CTAP} for Local Surplus and Displaced Employees exit disclaimer icon
  12. L. 5 CFR§330, Subpart G, Interagency Career Transition Assistance Plan (ICTAP) for Displaced Employees exit disclaimer icon
  13. 5 CPR §335, Promotion and Internal Placement (Merit Promotion) exit disclaimer icon
  14. 5 CPR §337, Subpart B, Direct-Hire Authority
  15. OPM Delegated Examining Operations Handbook
  16. HHS Instruction, 330-2, Career Transition Assistance Plan

330-2-20: Coverage and Exclusions

A.  Coverage

  1. 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).
  2. 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.
  3. Administrative Law Judges are covered in accordance with the regulations covering these positions.

B. Exclusions

  1. This Instruction is not applicable to Schedule C (political) excepted service employees, or employees on time limited appointments.
  2. When the provisions of this Instruction differ from the requirements contained in applicable collective bargaining agreement(s), the agreement takes precedence for bargaining unit employees.

330-2-30 Definitions

A. Agency.  Executive agency, or HHS, as defined in 5 U.S.C. 101 and 5 CFR Part 330.101.

B. 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.

C. 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.

D.Displaced Employee (under CTAP), see also Surplus Employee.

  1. 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 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

     

  2. 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).

E. Displaced Employee (under ICTAP).

  1. 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 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;

     

  2. 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 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), or has been separated by RIF procedures or removed for declining a geographic relocation outside the local commuting area;

     

  3. 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;

     

  4. A former career or career-conditional competitive service employee who retired with a disability annuity under 5 U.S.C. §§8337 or 8451 and who has received notification from the Office of Personnel Management (OPM) that the disability annuity has been or will be terminated; or
  5. 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).

F. Local Commuting Area.  The geographic area that 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).

G. Priority Placement Coordinator (PPC). A human resources professional within HHS Office of Human Resources (HHS OHR) who will oversee all aspects of the Department-wide HHS Priority Placement Programs, including the RPL and PRL lists. Each OHRO 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).

H. 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 was 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).

I. 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).

J. Representative Rate.  Generally, the fourth step of the grade under the General Schedule, including locality rate.  For complete definition, see 5 CFR §351.203.

K. Surplus Employee (under CTAP).

  1. 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 a notice that the employee is eligible for discontinued service retirement); or
  2. 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 an official notice stating that the employee is eligible for discontinued service retirement). (5 CFR §330.602)

L.  Well Qualified.  A CTAP or ICTAP candidate who:

  1. Meets the qualification standards and eligibility requirements for the position, including minimum educational and experience requirements; any medical qualifications, and suitability;
  2. Meets any selective placement factors for the position established by the OHRO;
  3. (For Vacancies Filled via Merit Promotion) Is rated above minimally qualified as defined through job analysis for the position being filled;
  4. (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);
  5. Is able to perform the essential duties of the position, with or without reasonable accommodation;
  6. Meets any special qualifying condition(s) for the position (such as the ability to speak a specific language or other selective factor); and
  7. Is able to satisfactorily perform the duties of the position upon entry.

330-2-40 Roles and Responsibilities

A. HHS Assistant Secretary for Administration, Office of Human Resources (HHS OHR):

  1. 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.
  2. Designates a Departmental Priority Placement Coordinator (PPC) to administer the HHS Priority Placement Programs (PPP), and provide program oversight of the HHS-wide RPL and PRL lists, consistent with HHS policy and guidance, and applicable federal laws and regulations.
  3. 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.

B. OpDiv/StaffDiv Heads or their designee(s):

  1. Comply with applicable federal laws, regulations, and collective bargaining agreements covering career transition programs and services.
  2. Provide resources to assist employees eligible for career transition services, in accordance with this Instruction and in consultation with their servicing OHRO.
  3. 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.

C. OpDiv/StaffDiv OHROs:

  1. Comply with this Instruction, any HHS and OPM policy and guidance, collective bargaining agreements, and all applicable federal laws and regulations.
  2. Provide career transition services to eligible employees in accordance with this Instruction, including providing reasonable accommodation to employees with disabilities, as appropriate.
  3. Develop internal procedures to administer the HHS PPP within their serviced OpDiv/StaffDiv and to provide selection priority to employees and former employees.
  4. Designate an OpDiv/StaffDiv PPC to administer the day-to-day aspects of the PPP for their serviced division.
  5. Coordinate priority placement program initiatives with other OpDivs/StaffDivs and other Federal, state, and local employers.
  6. Resolve qualification disputes within their respective serviced division, and submit requests for dispute resolution between OHROs to the HHS OHR PPC, for decision. The request for a decision may be submitted by the gaining or losing OHRO, but the request must contain a written assessment of the issues, any 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, in accordance with 5 CFR

§§330.603(c) and 330.608:

A. Employee Information.  OpDivs/StaffDivs must provide its eligible employees 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:

  1. 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 a HHS request for a shorter notice period consistent with 5 CFR 351, Subpart H, and HHS’ RIF Instruction 351-1.
  2. For removal actions for declining a directed geographic relocation, OHRO should consult their servicing labor and employee relations specialist 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.

B. 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:

  1. Information on HHS’ RPL or PRL, as applicable, including eligibility period; how to register; and MSPB appeal rights, etc. (See Sections 330-2-90 and 100 of this Instruction);
  2. 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);
  3. Available excused absence for career transition-related activities;
  4. Availability of equipment, facilities, materials, and resources, including for those with disabilities, in field offices, remote locations, etc.;

     

  5. Federal, State, or local resources available to support career transition, including for those with disabilities;
  6. Training or retraining opportunities via HHS Learning Management System, Department of Labor via state employment offices, or other public and private sector opportunities;
  7. If the OpDiv/StaffDiv notifies Federal agencies in the local commuting area or provides employment referrals, give employees the option to authorize release of their resume or other relevant employment information to public and private sector employers, as required by 5 CFR §351.803;
  8. How to apply for State unemployment insurance benefits;
  9. Estimate of severance pay (if eligible); and
  10. Advise employees of their responsibility to notify their servicing OHRO of changes in their contact information and when they have received a valid job offer.

C. 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 within the commuting area may be considered as other official functions. OpDivs/StaffDivs may reimburse employees for travel expenses directly related to career transition activities. Supervisors should monitor the use of excused absence to ensure that time authorized is used for approved purposes.

D. Access to Services and Facilities. To the extent practicable and within available funding, surplus and displaced HHS employees are provided the following:

  1. 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;
  2. Career transition services, equipment, facilities, materials, and resources to maximize placement opportunities;
  3. 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.
  4. 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)

A. Purpose.  HHS’ Career Transition Assistance Plan (CTAP) covers surplus and displaced HHS employees, in accordance with 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, as a result of 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).

B. 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), OHROs must give selection priority to CTAP candidates, unless the action is one of the exceptions listed in Appendix A of this Instruction.

C. CTAP Candidate. An HHS employee is given selection priority when they:

  1. Meet the definition of ‘surplus’ or ‘displaced’ employee, as defined in Section 330-2-30;
  2. Have a current performance rating of record of at least fully successful or equivalent;
  3. 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;
  4. Occupy a position in the same commuting area;
  5. Submit an application 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
  6. Meet the definition of ‘Well Qualified’ for the specific vacancy.

D. 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 surplus or displaced employee.  It ends on the date one of the following occurs (5 CFR §§330.607(i) and 330.610):

  1. Employee separates from HHS either voluntarily or involuntarily;
  2. 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);
  3. Employee declines an offer of a HHS permanent appointment at any grade or pay level;
  4. Employee is appointed to another HHS position at any grade or pay level, either permanent or time-limited, before the employee is separated;
  5. 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
  6. Employee fails to reply to the HHS OHRO within seven (7) business days to an offer of a permanent appointment at any grade or pay level.

E. Applying CTAP Selection Priority.  In accordance with 5 CFR §§330.604, 330.605, 330.607 and 330.608:

  1. Unless the personnel action is one of the exceptions listed in Appendix A of this Instruction, OHROs must select an available CTAP candidate over any other applicant for a vacant position, if the position:
    1. 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;
    2. 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;
    3. Has no greater promotion potential than the CTAP candidate’s permanent position of record;
    4. Is in the same local commuting area as the CTAP candidate’s permanent position of record, and
    5. Is filled during the CTAP eligible’s eligibility period.
  2. 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.
  3. OpDivs/StaffDivs may not take 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 available.
  4. OHROs may appoint any CTAP candidate when two (2) or more qualified CTAP candidates apply for a vacancy. For example, the OHRO may provide an internal OpDiv/StaffDiv candidate higher priority than another OpDiv/StaffDiv candidate.
  5. OHROs 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.
  6. 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;’ whether another CTAP candidate was hired; whether the vacancy was filled under one of the exceptions listed in Appendix A; or whether the recruitment was cancelled.  Additionally, if the candidate was determined to not be well qualified, the OHRO must conduct a second- level review by another HR Specialist; document the job-related reasons for the determination; and notify such CTAP candidates with the results of the independent, second-level review.
  7. CTAP obligations must be cleared at initial announcement.  See Section 330-2-80,  Advertising Vacant Positions.
  8. After the OpDiv/StaffDiv announces the vacancy in USAStaffing and meets its obligation to any CTAP candidate(s) who applied to the announcement, the OHRO may fill the vacant position with a permanent HHS competitive service candidate, following appropriate merit staffing procedures.
  9. Order of selection When Filling Vacancies Open to HHS Candidates:
    1. CTAP
    2. All other internal HHS candidates
  10. 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)

A. Purpose.  The Interagency Career Transition Assistance Plan (ICTAP) covers displaced federal employees, in accordance with 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.

B. 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), OHROs 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.

C. ICTAP Candidate.  A federal employee is given selection priority when they:

  1. Meet the definition of ‘displaced’ employee, , as defined in Section 330-2-30;
  2. Have a current performance rating of record of at least fully successful or equivalent;
  3. 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;
  4. Occupy a position in the same commuting area;
  5. 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
  6. Meet the definition of ‘Well Qualified’ for the specific vacancy.
  7. 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.

D. 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):

  1. One (1) year from the date of:
    1. Separation by RIF;
    2. Removal for declining a geographic relocation outside the local commuting area;
    3. Federal agency certification that it cannot place the employee (5 CFR Part 353); or
    4. OPM notification that the employee’s disability annuity has, or will be, terminated.
  2. Two (2) years from the date of RIF separation for persons eligible for positions restricted to preference eligibles (5 CFR Part 330, Subpart D).
  3. On the date the ICTAP candidate:
    1. Receives a notice rescinding, canceling, or modifying the notice which gave the employee ICTAP eligibility (so the employee no longer meets the displaced definition);
    2. Separates for any reason before the RIF or removal effective date;
    3. Is appointed to a career, career conditional, or excepted service appointment without time limitation in any executive agency at any grade or pay level;
    4. Declines an offer of a permanent appointment at any grade or pay level; or
    5. 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.
  4. OPM may extend the above eligibility periods due to administrative or procedural errors.
  5. 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)).

E. Applying ICTAP Selection Priority.  In accordance with 5 CFR §§330.703, 330.705 and 330.706:

  1. Unless the personnel action is one of the exceptions listed in Appendix B of this Instruction, OHROs 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:
    1. 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;
    2. 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;
    3. Has no greater promotion potential than the ICTAP eligible’s current or last permanent position of record;
    4. Is in the same local commuting area as the ICTAP eligible’s current or last permanent position of record, and
    5. Is filled during the ICTAP eligible’s eligibility period.
  2. OHROs 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.
  3. OHROs may appoint any ICTAP candidate when two (2) or more qualified ICTAP candidates apply for a vacancy.
  4. 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;’ whether another ICTAP candidate was hired; whether the vacancy was filled under one of the exceptions listed in Appendix B; or whether the recruitment was cancelled.  Additionally, if the candidate was determined to not be well qualified, the OHRO 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.
  5. ICTAP obligations must be cleared at initial announcement. See Section 330-2-80,  Advertising Vacant Positions.
  6. 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 OHRO 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).
  7. Order of Selection When Filling Vacancies Open to Candidates Outside HHS:
    1. CTAP
    2. RPL
    3. ICTAP
    4. All other external candidates

330-2-80 Advertising Vacant Positions to Clear CTAP or ICTAP

A. 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).

B. 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.

C. 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.

D. All JOAs must contain (5 CFR §330.104):

  1. The HHS definition of ‘Well Qualified’ in this Instruction; and
  2. Require the following documentation to show proof of CTAP/ICTAP eligibility:
  3. 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.’
  4. 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 of 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.’
  5. ‘A copy of the your most recent SF-50 "Notification of Personnel Action'', showing position title, series, grade level, and duty location;’ and
  6. ‘a>

E. 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)

  1. 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.

    A 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.
  2. RPL Eligible. In accordance with  5 CFR §§330.201 and 203:

    For RPL eligibility under 5 CFR Part 351, concerning RIFs:

    1. 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
    2. A former HHS competitive service employee in Tenure Group I or II separated by RIF;
    3. Received a performance rating of record of at least fully successful or equivalent as their most recent performance rating; and
    4. 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, concerning restoration to duty from compensable injury:

    1. 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;
    2. Serving in or separated from an appointment in the competitive service in Tenure Group I or II;
    3. 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
    4. Received notification from the Department of Labor that injury compensation benefits have ended or will end.
  3. Registration.
    1. Timeframe. Employees who are eligible for the RPL must register within the following timeframes, in accordance with 5 CFR §330.206:
      1. On or before the RIF separation date, or
      2. 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.
    2. Positions. In accordance with 5 CFR §§330.204(d), 330.205, 330.207 and 330.212:
      1. Employees must submit information to their servicing OHRO 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, as applicable.
      2. 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.
      3. Employees may also specify conditions they will accept, including:
        1. Additional occupation(s) and series;
        2. Grades lower than the position from which the registrant was/will be separated;
        3. Work schedules (full-time, part-time, seasonal, or intermittent);
        4. Minimum hours of work per week, as applicable, and
        5. Specific OpDivs/StaffDivs within same local commuting area in which registered.
      4. Employees may register for positions in another commuting area, upon request, if there is an existing RPL for requested area. The OHRO 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.
      5. 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.
    3. Registration Form. OHROs 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 OHRO issues a RIF 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.
    4. Application Guidance. OHROs must be available to provide RPL eligibles guidance on how to register and help identify the positions for which they are eligible and qualified.
  4. RPL Eligibility Period. In accordance with 5 CFR §§330.208 and 330.209, eligibility expires:
    1. 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
    2. On the date the RPL registrant is removed from the list for one of the following reasons:
      1. Registrants are removed from the RPL at all registered grades and pay levels if:
        1. 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);
        2. 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;
        3. 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;
        4. Requests their servicing OHRO to remove their name from the RPL;
        5. Is placed in a position without time limit at any grade or pay level within HHS; or
        6. 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.
      2. 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:

        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.

        1. 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
        2. Declines or fails to reply to a scheduled interview. (See D.2.c. below for required evidence.)
      3. Required Evidence for RPL Removal: Evidence must be maintained by the OHRO for any reason for removal.  To remove individuals 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)).
    3. Declination of a time-limited appointment does not affect RPL eligibility.
    4. 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. OHROs who receive such a request from an employee should forward it to the HHS OHR PPC for OPM approval.  OPM’s decision is not subject to appeal (5 CFR §330.208(b)).
  5. Applying RPL Selection Priority.  In accordance with 5 CFR §§330.202, 330.210, and 330.213:
    1. Unless the personnel action is one of the exceptions listed in Appendix C of this Instruction, OHROs must select qualified RPL registrants for competitive service vacancies before hiring outside HHS’ permanent competitive service workforce when:
      1. The position is permanent or time limited to be filled by a competitive service appointment; and
      2. There are RPL eligibles registered for the position at the grade or pay level.  (If the position is available at multiple grade levels, RPL applies at the grade or pay level in which the position is filled.)
    2. 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)).
    3. OHROs use category rating procedures to evaluate RPL eligibles separately from other candidates, in accordance with HHS Instruction 1104-1, Delegated Examining Operations.
    4. The HHS RPL must be checked at initial announcement. See Section 330-2-110, RPL and PRL List Management.
    5. Order of Selection in Filling Vacancies Open to Candidates Outside HHS:
      1. CTAP
      2. RPL
      3. ICTAP
      4. All other external candidates
    6. OHROs must document if there are no RPL eligibles for a vacancy when issuing a certificate.
  6. 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)

  1. 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.

    A 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 reestablish a Reemployment List (RL) in accordance with 5 CFR 302.303(c) and HHS Instruction 302-1, Employment in the Excepted Service.

  2. PRL Eligible.  In accordance with 5 CFR §§302.303 and 302.304(a):
    1. 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
      1. Received a performance rating of record of at least fully successful or equivalent as their most recent performance rating; and
      2. 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 was separated.
    2. 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
    3. 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.
    4. 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.
  3. Registration.
    1. Timeframe. Employees who are eligible for the PRL must register within the following timeframes:
      1. On or before the separation date; or
      2. 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 in accordance with 5 CFR §353.301(b).
    2. Positions.
      1. Employees must submit information to their servicing OHRO 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, as applicable.
      2. 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)):
        1. Former employees who were furloughed or separated due to a compensable injury may register for other locations if a vacancy is unlikely to occur where the former employee last served during his/her period of reemployment priority; and
        2. Former employees who are found by MSPB 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 area.
      3. PRL eligibles may also specify conditions they will accept, including:
        1. Additional occupation(s) and series;
        2. Grades lower than the position from which the registrant was/will be separated;
        3. Work schedules (full-time, part-time, seasonal, or intermittent);
        4. Minimum hours of work per week, as applicable, and
        5. Specific OpDivs/StaffDivs within same local commuting area in which registered.
      4. PRL eligibles may register for positions in another commuting area, upon request, if there is an existing PRL for requested area. The OHRO PPC must confirm that the requested PRL (i.e., commuting area and excepted authority) is available in the HHS HRIT system prior to permitting this option.  Requests to register for positions HHS- wide are not permitted.
    3. If a PRL eligible agreed 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.
    4. Registration Form. OHROs 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 OHRO 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.
    5. Application Guidance. OHROs must be available to provide PRL eligibles guidance on how to register and help identify the positions for which they are eligible and qualified.
  4. PRL Eligibility Period.  In accordance with 5 CFR §302.303, eligibility expires:
    1. 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
    2. On the date the PRL registrant is removed from the PRL for one of the following reasons:
      1. Is placed in a position without a time limit;
      2. Withdraws from consideration; or declines an offer of excepted appointment without time limit; or
      3. 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.
    3. Required Evidence for PRL Removal: Evidence must be maintained by the OHRO 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.
    4. Declination of a time-limited appointment does not affect PRL eligibility.
  5. Applying PRL Selection Priority.
    1. Unless the personnel action is one of the exceptions listed in Appendix D of this Instruction, OHROs must select qualified PRL registrants for excepted service vacancies if the position:
      1. Is permanent or time limited to be filled by a excepted service appointment; and
      2. 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.)
    2. OHROs 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)).
    3. OHROs 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.
    4. OHROs may appoint a candidate who is not a 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 OHRO 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.
    5. Once an OHRO 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.
    6. OHROs must retain sufficient documentation to demonstrate PRL clearance for each excepted service vacancy.
    7. 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

  1. HHS Priority Placement Programs (PPP) include the Reemployment Priority List (RPL) and Priority Reemployment List (PRL) and the lists are available via a HHS HRIT system.
  2. HHS OHR and OpDiv/StaffDiv PPCs will have access to the HHS HRIT system to oversee and manage the lists, respectively.
  3. The HHS OHR PPC oversees all aspects of the Department-wide PPP programs, including the RPL and PRL lists; resolves issues or disputes among 2 or more OHROs; establishes new lists; and periodically reviews lists to ensure registrants meet eligibility requirements.
  4. A HHS-wide RPL will be established by the HHS OHR PPC 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 and are responsible for clearing the HHS PRL at initial announcement before hiring outside HHS’ permanent competitive service workforce.
  5. A HHS-wide PRL will be established by the HHS OHR PPC 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.
  6. Each OpDiv/StaffDiv PPC is responsible for administering the day-to-day aspects of the PPP for their serviced OpDiv/StaffDiv including:
    1. 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.
    2. Notifying the HHS OHR PPC when a new list(s) described under D. and E. above needs to be established based on employee eligibility within their serviced division.
    3. Entering RPL and PRL registrants on lists no later than 10 calendar days after receiving the information/application, by the local commuting area the employee was or will be separated.  All OpDivs/StaffDivs within the same local commuting area use a single RPL and/or PRL.
    4. In addition, PRL registrants are entered on 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).
    5. Entering the employee’s period of eligibility, i.e., date of qualifying event and expiration date.
    6. 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.
    7. Making any necessary changes such as an updated resume, conditions, contact information, etc. provided by the employee within 10 calendar days of receipt.  Updated qualifications or conditions for accepting positions applies to vacancies after the OHRO updates the RPL/PRL candidate’s information (i.e., 10 calendar days after receipt).
    8. Clearing the HHS RPL and PRL, as applicable, when filling vacancies.
    9. Removing their division’s RPL and PRL registrants from list(s) when the registrants’ eligibility expires.
    10. 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.
    11. Resolving qualification disputes within their respective serviced division, and submitting requests for dispute resolution between OHROs to the HHS OHR PPC, for decision. The request for a decision may be submitted by the gaining or losing OHRO, but the request must contain a written assessment of the issues, any relevant documentation, and a recommendation.
  7. CTAP and ICTAP. The CTAP and ICTAP regulations require candidates to submit an application for a specific vacancy to receive priority consideration.
    1. OHROs 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  services described in this Instruction.
    2. OHROs ensure documentation is maintained in recruitment case files showing the OpDiv/StaffDiv has met its CTAP/ICTAP selection priority requirements sufficient for third-party reconstruction.
    3. OHROs 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, Periodof Eligibility, for events that end CTAP eligibility.)

330-2-120 Documentation and Accountability

  1. 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 is received from OPM, Department of Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved, and closed.
  2. HHS OHR will 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:

  1. 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;
  2. Detail a HHS employee;
  3. Appoint an individual for a period limited to 120 or fewer days, including all extensions;
  4. Appoint an individual under an excepted service appointing authority;
  5. Promote an employee for a period limited to 120 or fewer days, including all extensions;
  6. Promote an employee to the next higher grade or pay level of a designated career ladder position;
  7. 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;
  8. Reassign or demote an employee based on performance or adverse action (5 CFR Parts 432 or 752);
  9. Convert an employee currently serving under an appointment providing noncompetitive conversion eligibility to a competitive service appointment, including a/n
    1. Veterans Recruitment Appointment (VRA) under 5 CFR Part 307;
    2. 30% or More Disabled Veteran appointment under 5 CFR Part 316; and
    3. Excepted service appointment under 5 CFR Part 213.
  10. 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;
  11. A Reduction in Force (RIF) action under 5 CFR Part 351;
  12. 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;
  13. A position change of an employee within the excepted service;
  14. A position change of a surplus or displaced employee in the local commuting area;
  15. A position change of an employee resulting from a reclassification action (such as accretion of duties, or an action resulting from application of new position classification standards);
  16. 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;
  17. A position change of an injured or disabled employee to a position in which he or she can be reasonably accommodated;
  18. 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);
  19. Recall a seasonal or intermittent employee from non-pay status;
  20. A personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
  21. Reassign or demote an employee under 5 CFR §315.907 of this chapter for failure to complete a supervisory or managerial probationary period;
  22. 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;
  23. Retain an employee covered by an OPM-approved variation (5 CFR 5.1);
  24. 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;
  25. 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;
  26. Transfer an employee between federal agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
  27. Appoint a member of the Senior Executive Service into the competitive service under 5 U.S.C. 3594
  28. 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;
  29. 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;
  30. Transfer or a position change of an employee under a supervisory, management, or executive development program (5 CFR Part 412); or
  31. 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.

Appendix B: Exceptions to ICTAP Selection (5 CFR §330.707)

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

  1. Place a current, or reinstate a former, HHS employee with RPL selection priority;
  2. A position change of a current permanent competitive service agency employee;
  3. Appoint a 10-point veteran preference eligible through an appropriate appointing authority;
  4. 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;
  5. Appoint an individual for a period limited to 120 or fewer days, including all extensions;
  6. Appoint an individual under an excepted service appointing authority;
  7. Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
    1. Veterans Recruitment Appointment (VRA) under 5 CFR Part 307;
    2. 30% or More Disabled Veteran appointment under 5 CFR Part 316; and
    3. Excepted service appointment under 5 CFR Part 213.
  8. Transfer an employee between federal agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
  9. A Reduction in Force (RIF) action under 5 CFR Part 351;
  10. 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;
  11. A personnel action pursuant to the settlement of a formal complaint, grievance, appeal, or other litigation;
  12. 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;
  13. 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;
  14. 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;
  15. Retain an employee covered by an OPM-approved variation (5 CFR 5.1);
  16. 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;
  17. Appoint an appointee of the Senior Executive Service into the competitive service under 5 U.S.C. 3594;
  18. Detail an employee to another federal agency;
  19. 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;
  20. Transfer or reinstate a ‘Well Qualified’ ICTAP eligible, as defined in this Instruction;
  21. 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; or
  22. Transfer or a position change of an employee under a supervisory, management, or executive development program (5 CFR Part 412).

Appendix C: Exceptions to RPL Selection (5 CFR §330.211)

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

  1. Fill a vacancy with an employee of HHS’ current permanent competitive service workforce through detail or position change, subject to the requirements of CTAP;
  2. Appoint a 10-point preference eligible through an appropriate appointing authority;
  3. Appoint a current or former employee exercising restoration rights under 5 CFR Part 353 based on return from military service or recovery from a compensable injury or disability within 1 year;
  4. Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
  5. 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;
  6. Convert an employee serving under an appointment that provides noncompetitive conversion eligibility to a competitive service appointment, including from:
    1. A Veterans Recruitment Appointment under 5 CFR Part 307 of this chapter;
    2. An appointment under 5 CFR Part 316 of a veteran with a compensable service- connected disability of 30 percent or more; and
    3. An excepted service appointment under 5 CFR Part 213;
  7. 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 1 year or less);
  8. Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
  9. 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:

  1. Fill a vacancy with an employee of HHS’ current permanent excepted service workforce through detail;
  2. Appoint a 10-point preference eligible through an appropriate appointing authority;
  3. Appoint a current or former employee exercising restoration rights under 5 CFR Part 353 based on return from military service or recovery from a compensable injury or disability within 1 year;
  4. Appoint a current or former employee exercising other statutory or regulatory reemployment rights;
  5. 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;
  6. Reappoint a current or former non-temporary employee who is a preference eligible, in accordance with 5 CFR §302.402; or
  7. 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 on April 15, 2020