[Federal Register: October 26, 2000 (Volume 65, Number 208)]
[Rules and Regulations]
[Page 64133-64134]
[[Page 64133]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 330 and 351
RIN 3206-AJ18
Placement Assistance and Reduction in Force Notices
AGENCY: Office of Personnel Management.
ACTION: Interim regulations.
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SUMMARY: The Office of Personnel Management is issuing interim
placement assistance and reduction in force regulations to replace
references to the repealed Job Training Partnership Act with references
to the new Workforce Investment Act of 1998.
DATES: These regulations are effective November 27, 2000. Written
comments will be considered if received no later than December 26,
2000.
ADDRESSES: Send written comments to Carol J. Okin, Associate Director
for Employment, Office of Personnel Management, Room 6F08, 1900 E
Street NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Pam Galemore, 202-606-0960, FAX
202-606-2329, TDD (202)606-0023, or by e-mail at pjgalemo@opm.gov.
SUPPLEMENTARY INFORMATION: The Job Training Partnership Act (JTPA),
established under Public Law 97-300, October 12, 1982, as amended,
required states to provide employment assistance programs to dislocated
workers and others as defined in the Act. Since 1995, through Office of
Personnel Management regulations published in sections 330.405,
351.803, and 351.807 of title 5, Code of Federal Regulations (CFR),
agencies have been required to give employees affected by reduction in
force information about JTPA programs in their specific reduction in
force notices.
The JTPA was repealed effective July 1, 2000. States are now
required to provide placement assistance programs through the Workforce
Investment Act (WIA) of 1998, Public Law 105-220, August 7, 1998. This
change was incorporated into the reduction in force statute at 5 U.S.C
3502 through Public Law 105-277, Omnibus Consolidated and Emergency
Supplemental Appropriations Act, section 405, October 21, 1998.
These revised regulations are issued solely to replace references
to the repealed JTPA with its successor statute, the WIA, as required
by the amendments to 5 U.S.C. 3502 mandated by Public Law 105-277. No
other wording is changed.
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.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Parts 330 and 351
Administrative practice and procedure, Armed forces reserves,
Government Employees, Individuals with disabilities.
Office of Personnel Management
Janice R. Lachance,
Director.
Accordingly, the Office of Personnel Management is amending 5 CFR
parts 330 and 351 as follows:
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
1. The authority citation for part 330 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-58
Comp., p. 218.
Section 330.102 also issued under 5 U.S.C. 3327.
Subpart B also issued under 5 U.S.C. 3315 and 8151.
Section 330.401 also issued under 5 U.S.C. 3310.
Subpart K also issued under sec. 11203 of Pub. L. 105-33, 111 Stat.
738.
Subpart L also issued under sec. 1232 of Pub. L. 96-70, 93 Stat.
452.
Subpart D--Positions Restricted to Preference Eligibles
2. In Sec. 330.405, paragraph (b) is revised to read as follows:
Sec. 330.405 Agency placement assistance.
* * * * *
(b) Cooperating with State units as designated or created under
title I of the Workforce Investment Act of 1998, to retrain displaced
preference eligibles for other continuing positions.
PART 351--REDUCTION IN FORCE
3. 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.
Subpart H--Notice to Employee
4. In Sec. 351.803, paragraphs (a) and (b)(1) are 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 and career transition assistance under
subparts B (Reemployment Priority List), F, and G (Career Transition
Assistance Programs) of part 330 of this chapter. The employee must
also be given a release to authorize, at his or her option, the release
of his or her resume and other relevant employment information for
employment referral to the State unit or entity established under title
I of the Workforce Investment Act of 1998 and potential public or
private sector employers. The employee must also be given information
concerning how to apply both for unemployment insurance through the
appropriate State program and benefits available under the State's
Workforce Investment Act of 1998 programs, and an estimate of severance
pay (if eligible).
(b) * * *
(1) The State or the entity designated by the State to carry out
rapid response activities under title I of the Workforce Investment Act
of 1998;
* * * * *
[[Page 64134]]
5. In Sec. 351.807, paragraphs (a) and (c) are revised 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 worker programs
under the Workforce Investment Act of 1998 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.
* * * * *
(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 Workforce Investment Act of 1998, title
I, programs, the Interagency Placement Program, and the Reemployment
Priority List.
* * * * *
[FR Doc. 00-27515 Filed 10-25-00; 8:45 am]
BILLING CODE 6325-01-P