CAREER-LADDER POSITIONS

The positions listed below have been identified as career-ladder positions in the FHWA. The listing reflects the maximum potential grade level to which promotions may be effected under career promotion procedures. The listing should not be construed as a commitment to promote employees who occupy these positions within the indicated grade range.

At any time, unit managers may elect to competitively announce a vacant career-ladder position at or below the established maximum grade level. When there is not sufficient work at the full performance level within an organization to support all potential career promotions to that grade level, then promotions to that level should be advertised competitively.

SELECTION AUTHORITY BY ORGANIZATION

Note 1. Office of the General Counsel must concur in the employment or promotion of attorneys at any grade level.

Note 2. Department of Transportation Chief Financial Officer (Assistant Secretary for Budget and Programs) must concur in employment or promotion of individuals to GS-15 and above grade level financial management, budget, or accounting positions in the FHWA Office of the Chief Financial Officer.

Note 3. The Administrator is the selecting official for DAs and RCDs upon recommendation of the Executive Director. The Directors of Field Services, at their discretion, may provide further guidance to their DAs regarding consultation on other selections.

Note 4. Consistent with Personnel Management Manual Chapter 3, Section 1, Merit Promotion Plan, selection authority may be re-delegated at the discretion of the selecting officials designated above.

1. What is the purpose of this section?
2. What references were used when writing this section?
3. What is the FHWA policy on reassignments?
4. What are the major definitions?
5. What are the objectives of reassignments?
6. When are reassignments used?
7. Are there any restrictions on using reassignments?
8. What is the process for management-initiated reassignments?
9. Which employees are eligible for competitive reassignment opportunities?
10. How do employees apply for reassignment opportunities?
11. What is the process for requesting a reassignment based on reasonable accommodation?

1. What is the purpose of this section? This section establishes the policy and procedures governing the reassignments of personnel within the Federal Highway Administration (FHWA).

2. What references were used when writing this section?

   1. Title 5, United States Code (USC) Section 7106 (a)(2) and 5724

   2. 5 Code of Federal Regulations (CFR), Part 335.102

   3. Department of Transportation (DOT) Order 1011.1

3. What is the FHWA policy on reassignments? The FHWA policy is that managers are authorized to use reassignments to achieve organizational missions and goals. Managers should exercise sound judgment when using reassignment and there should be no unreasonable or capricious use of this authority. Any reassignment without the consent of employees should be made only in the best interests of the FHWA and the Federal service.

4. What are the major definitions?

   1. Reassignment. An official change in an employee position assignment without a change in grade or pay under the general schedule. Excluded from this definition are changes in assignment to positions with known promotion potential or by planned management action.

   2. Reasonable accommodation. Any change in the work environment or in the typical working of an office that results in equal employment opportunity for an individual with a disability, such as reassignment to a vacant position for which the employee is qualified and can perform the assigned duties.

5. What are the objectives of reassignments? The objectives are to:

   1. fulfill FHWA staffing needs in meeting program and workload requirements;

   2. broaden the experience and qualifications of an employee, or develop a pool of trained and experienced staff;

   3. increase employee satisfaction; and

   4. fulfill commitments made to employees under merit promotion procedures and reasonable accommodation procedures.

6. When are reassignments used? A reassignment action should involve active consultation between the employee and management officials to ensure that proper consideration is given to the career needs and desires of the employee, as well as to the mission requirements of the FHWA. Some examples include:

   1. as part of career development programs (reassignment of trainees under formal training programs will be prescribed in the individual training programs);

   2. to accomplish mission workload requirements;

   3. to provide employees opportunities to relocate to different geographic areas or to different positions allowing them to better use their talents and skills. Voluntary reassignments will be made under Merit Promotion procedures; and

   4. as an approved action under reasonable accommodation procedures.

7. Are there any restrictions on using reassignments? The reassignment of an employee, for permanent duty, which is outside the employee's commuting area should occur only after the employee is given reasonable advance notice. Emergency circumstances must be taken into account in determining whether the period of advance notice is reasonable.

8. What is the process for management-initiated reassignments? Management officials may, within their delegated authority, initiate employee reassignment actions. This provision applies to the movement of employees within an organization as well as from one organization to another. Management officials should use the following procedures in initiating actions to reassign employees:

   1. Reassignments within an organization

      • (1) When a management official chooses to reassign an employee to another position in the same organization, the employee must be advised by personal discussion or in writing. Normally, this notice should be given at least two weeks in advance of the reassignment when no geographic relocation is involved, and at least six weeks in advance when there is a geographic relocation. The time period may be adjusted in individual situations to fit the circumstances of the employee and/or the office involved after consultation with the employee.

      • (2) The proposed reassignment will be coordinated with the servicing human resources office through the submission of a SF 52, Request for Personnel Action, prior to notifying the employee of the proposed reassignment.

   2. Reassignments between organizations

      • (1) A management official may request reassignment of an employee from one organization to another either by direct contact with the appropriate official in the employee's organization, or by contacting the servicing human resources office for the conduct of negotiations with the employee's organization. Direct contact with the employee, without consent of the employee's organization, should not be made by the management official.

      • (2) When contact is made with the employee's organization, the official receiving the request may, if there is no management objection, approach the employee directly to seek the employee's reaction to the proposed reassignment, or refer the request to his/her servicing human resources office for appropriate action.

      • (3) After the employee's organization has contacted the employee, the human resources office(s) concerned will jointly and expeditiously resolve all matters pertaining to the reassignment. If there are sound management reasons for objecting to the proposed reassignment, the two organization heads concerned (or their designated representatives) will resolve the matter in the best interests of FHWA and the employee.

9. Which employees are eligible for competitive reassignment opportunities? The following employees are eligible for competitive reassignment opportunities:

   1. those in positions at the same grade level as listed in the announcements;

   2. those interested in accepting a position at a lower grade than their current position; and

   3. those in a retained grade status at or above the grade level listed in the announcement.

10. How do employees apply for reassignment opportunities? Employees may apply for reassignment opportunities by responding to Merit Promotion Program Announcements for which they qualify.

11. What is the process for requesting a reassignment based on reasonable accommodation? Employees must follow the DOT's Procedures for Processing Reasonable Accommodation Requests by Employees and Applicants with Disabilities that are provided in DOT Order 1011.1.

This page/policy is currently being revised. For current information about the Approvals Required for Detail of FHWA Employees, please click here. You may also contact Suzy Tyson at Suzy.Tyson@dot.gov or 202-366-1157.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What are the primary references used in this section?
4. What is a detail?
5. What is the FHWA policy regarding a detail?
6. What are the responsibilities for using a detail?
7. When should a detail be used?
8. What is the required approval authority and what documentation is necessary for a detail?
9. What restrictions apply to the use of a detail?

1. What is the purpose of this section? The purpose of this section is to describe provisions for detailing Federal Highway Administration (FHWA) employees to positions GS-15 and below.
    
2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels the FHWA's Personnel Management Manual, Part 1, Chapter 3, Section 3, dated June 28, 1996.
    
3. What are the primary references used in this section?
    
   1. Title 5, United States Code (U.S.C.), Section 3341;
   2. Title 5, Code of Federal Regulations (CFR), Part 300 Subpart C, 300.301; and
   3. Title 5, U.S.C., Section 3343 (Detail to International Organizations).
       
4. What is a detail? A detail is an official personnel action by which an employee is temporarily assigned, for a specified period of time, to duties and responsibilities other than those of his or her permanent position. During the detail, employee costs such as salary, leave, and other benefits are charged to the organization where his or her permanent position is located.
    
5. What is the FHWA policy regarding a detail? It is the FHWA policy to use an employee detail primarily for meeting temporary workforce needs within the organization. Details will be confined to short timeframes.
    
6. What are the responsibilities for using a detail?
    
   1. Supervisors. Supervisors are responsible for coordinating the detail between the gaining and losing organizations and for preparing the proper documentation, including providing a description of duties, developing critical job elements and performance standards, and arranging training to develop supervisory competencies for employees detailed to a supervisory position for more than six months.
       
   2. Employees. Employees may be directed to perform work other than duties ordinarily performed and different from those duties in their official position descriptions. Employees are expected to accept and successfully carry out all temporary assignments. Failure to do so may result in disciplinary action and immediate cancellation of the detail.
       
   3. Interagency details. A detail that would require working outside of the FHWA must be coordinated with the Office of the Secretary of Transportation.
       
7. When should a detail be used? A detail can be applied to duties that are classified at a higher grade, a lower grade, or at the same grade level. A detail can also be made to a position with unclassified duties. The detail can be performed in the same organizational unit or in a different organizational unit. Employee clearances must be compatible with the security requirements of detailed positions. The following are examples of when details may be appropriate:
    
   1. to address emergency workforce needs;
       
   2. to offset temporary staffing or workload imbalances, and under these conditions, as an option to minimize overtime;
       
   3. to fill positions needing to be staffed pending reduction-in-force assignment determinations, the classifications of positions pending a reorganization, or during a commercial activity study;
       
   4. to permit employee developmental assignments not involving an official position change; and
       
   5. to permit personnel exchanges under Intergovernmental Personnel Act (IPA) assignments.
       
8. What is the required approval authority and what documentation is necessary for a detail? Unit Managers are authorized to approve a detail within their respective delegations of authority. A Standard Form (SF) 52, Request for Personnel Action, recording the detail, or terminating it, will be prepared by the losing office in consultation with the gaining office, and will be processed by the servicing personnel office. See the attached Summary Chart for time limits, approval authorities, and documentation requirements.
    
9. What restrictions apply to the use of a detail? The following restrictions apply to the use of a detail:
    
   1. Details to higher graded positions or positions with more promotion potential must be made under competitive procedures if they exceed 120 days;
       
   2. Details in excess of 120 days to a position with unclassified duties must be documented with an SF 52, and a statement of duties;
       
   3. Details exceeding 120 days must be extended in increments of no more than 120 days; and
       
   4. Details to a supervisory or managerial position exceeding 30 days should be rotated among eligible staff and consideration should be given to a temporary promotion.

* Time periods are expressed in calendar days.

Par.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What references were used when writing this section?
4. What is the FHWA policy concerning IPA assignments?
5. What is the purpose of IPA assignments?
6. What is the coverage of IPA assignments?
7. What are the procedures for negotiating an IPA assignment?
8. What is involved in placing an employee on leave without pay (LWOP) or detail?
9. Who is authorized to approve IPA agreements and extensions?
10. What is the duration of an IPA assignment?
11. Who is responsible for financing an IPA assignment?
12. What information should be included on the IPA agreement form?
13. What is involved in making changes to the assignment agreement?
14. When is an IPA agreement terminated?
15. What is the obligated service requirement?
16. How is the employee returned to duty?
17. What are the reporting requirements for IPA assignments?

1. What is the purpose of this section? The purpose of this section is to update procedures and guidance for implementing the Intergovernmental Personnel Act (IPA) assignments in the Federal Highway Administration (FHWA).

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 3, Section 4, IPA Assignments, dated June 28, 1996.

3. What references were used when writing this section?

   1. Sections 3371-3376 of Title 5, United States Code (U.S.C.), http://www.gpoaccess.gov/uscode/browse.html.

   2. IPA of 1970, as amended (P.L. 91-648).

   3. Department of Transportation (DOT) Departmental Personnel Manual (DPM), Chapter 334, Temporary Assignments Under the IPA, dated April 23, 1984.

   4. Office of Personnel Management (OPM), IPA Mobility Program, http://www.opm.gov/programs/ipa.

   5. Code of Federal Regulations (CFR), Part 5, Chapter 334.

   6. U.S. DOT, FHWA, IPA Agreement Process Manual.

4. What is the FHWA policy concerning IPA assignments? It is the policy of FHWA to encourage IPA assignments, when appropriate, as a vehicle for the temporary exchange of career employees between the Federal government and State and local governments, institutions of higher education, Indian tribal governments and organizations, and other eligible organizations.

5. What is the purpose of IPA assignments? The purpose of IPA assignments is to facilitate cooperation between the Federal government and the non-Federal entity through the temporary assignment of skilled personnel. These assignments afford opportunities for employees of Federal agencies to serve with eligible non-Federal organizations for a limited period without the loss of employee rights and benefits. Employees of these non-Federal entities may serve in Federal agencies for similar periods of time. Each assignment should be carefully examined to ensure that it is for sound public purposes and furthers the goals and objectives of the participating organizations.

   1. These IPA assignments may be used for objectives such as:

      • (1) strengthening the management capabilities of Federal agencies, State, local, and Indian tribal governments and other eligible organizations;

      • (2) assisting the transfer and use of new technologies and approaches to solving governmental problems;

      • (3) facilitating an effective means of involving State, local, and tribal officials in developing and implementing Federal policies and programs; and,

      • (4) providing program and developmental experience which will enhance the assignee's performance in his or her regular job.

   2. IPA assignments should not be used for purposes such as:

      • (1) meeting the personal interests of employees;

      • (2) avoiding unpleasant personnel decisions; and,

      • (3) circumventing personnel ceilings.

6. What is the coverage of IPA assignments?

   1. In general, Federal employees who hold appointments without a time limitation may be eligible for consideration for IPA assignments with an appropriate non-Federal agency or organization.

   2. Individuals who are excluded from participation in the IPA mobility program include:

      • (1) Federal, State, and local government employees serving under non-career, excepted service, noncompetitive, time-limited, temporary, or term appointments;

      • (2) members of the uniformed military services and the commissioned corps of Public Health Service and National Oceanic and Atmospheric Administration;

      • (3) elected Federal, State, and local government officials; and

      • (4) students employed in research, graduate or teaching assistant, and similar temporary positions.

   3. Assignments may be developed between a Federal agency and an agency of a State or local government, at any level, or any multi-state or intra-state authority.

   4. Assignments may be developed with public or private institutions of higher education, tribal governments, and "other organizations" which include

      • (1) national, regional, state-wide, area-wide, and metropolitan organizations representing member state and local governments;

      • (2) associations of state and local public officials;

      • (3) non-profit organizations which have as one of their principal functions the offering of professional advisory, research, educational, or developmental services, or related services to governments or universities concerned with public management; or

      • (4) a federally funded research and development center.

7. What are the procedures for negotiating an IPA Assignment?

   1. To initiate an IPA assignment to FHWA, the appropriate official of a state or local organization must submit an assignment proposal to the appropriate program office within FHWA. If the proposal does not pertain to a specific program office, the state/local agency or organization may submit its proposal to the Office of Human Resources (HAHR) or to the appropriate Director of Field Services. If the assignment proposal is initiated by a program office or field office within FHWA, the FHWA program or field office involved is responsible for defining the necessary details of the proposal.

   2. The assignment proposal must be reviewed and evaluated by the appropriate program office to ensure that if consummated, it would be of mutual benefit to both contracting parties, and that it includes the following:

      • (1) the purpose of the assignment, its priority, and a description of the duties and responsibilities to be carried out;

      • (2) the employee (assignee) skills and background required, a resume or other application document;

      • (3) estimated length of the assignment;

      • (4) share of salary and other expenses which the requesting organization would assume. (Cost-sharing arrangements should be based on the extent to which participating organizations benefit from the assignment); and,

      • (5) the anticipated utilization of the assignee upon return to his/her permanent agency.

   3. If, upon review by the appropriate program office, there is a desire to negotiate an agreement, the proposal must be forwarded to the HAHR or to the appropriate Director of Field Services, for review and initiation of negotiations.

   4. A memorandum must be prepared to the Executive Director requesting approval to initiate negotiations. This memorandum should address the following:

      • (1) general parameters of the project;

      • (2) history of the assignee's expertise as well as his/her relative standing in the particular discipline;

      • (3) significance of the project for the future transportation community;

      • (4) beginning and ending dates of the planned project; and

      • (5) any other benefits affecting parties involved in the IPA agreement.

   5. Following the Executive Director's approval, negotiations must begin with the assignee's institution. An IPA Assignment Agreement Form (Optional Form (OF)-69) and a letter must be prepared to the institution detailing the intent of the IPA agreement and the expected benefits of the project.

   6. The draft package will be reviewed by the HAHR, the Office of Budget and Finance, and the Office of Chief Counsel. All comments and corrections on the draft should be returned to the originating office to incorporate the changes. The IPA process cannot continue until all involved parties agree to the terms. Once the terms have been agreed upon, the assignee must complete and sign the Confidential Financial Disclosure Report, Standard Form (SF)-450, and the Conflict of Interest and Conduct Sheet.

   7. A memorandum must be prepared to the Federal Highway Administrator requesting approval of the IPA Agreement, including the following:

      • (1) the Executive Director's approval memorandum;

      • (2) the letter to the assignee's institution; and

      • (3) the IPA Assignment Agreement Form (OF-69).

   8. The HAHR will coordinate the IPA package and final implementation of the agreement.

8. What is involved in placing an employee on leave without pay (LWOP) or detail?

   1. Under the IPA, an FHWA employee, with his or her consent, may be assigned to a non-Federal organization either on detail or LWOP. In either case, the assignee remains a Federal employee and retains the rights and benefits attached to that status.

   2. The choice of the most appropriate type of assignment - detail or LWOP - is influenced by various factors, including the position and duties assigned to the employee as well as the agency decisions concerning payment of expenses. Non-Federal positions, which require the employee to exercise legal fiscal authority or to carry out supervisory responsibility, may more appropriately be filled by appointment thus necessitating LWOP by the Federal employee.

   3. An employee on a mobility assignment is still a Federal employee and a personnel action (which would apply to a Federal employee, or to his or her position) continues to be applicable while the employee is on a mobility assignment. In no case can a Federal employee earn less on a mobility assignment than he or she would have received in his or her Federal position.

   4. FHWA employees on detail

      • (1) Employees remain FHWA employees for all purposes except work and supervision, and they are subject to the agency's established performance appraisal criteria and procedures covering detailed employees.

      • (2) Employees continue to receive pay, allowances, and benefits from the FHWA, even though these costs may be reimbursed to the FHWA in whole or in part by the non-Federal organization.

      • (3) Employees may receive a supplemental salary from the non-Federal organization when the position to which they are assigned has a higher established rate of pay.

      • (4) The Federal pay rate (including locality pay, cost-of-living allowances, etc.) for employees on IPA details should be based on their travel status and benefits. For those who receive temporary duty travel allowances (e.g., per diem), the employee's official duty station for pay purposes is the duty station the employee occupied before the IPA assignment. For those who receive relocation allowances, the employee's official duty station is the duty station of the IPA assignment.

      • (5) Employees' contributions for retirement, Medicare, life insurance, and health benefits are withheld from their pay. If the detail is on a reimbursable basis, the agreement must indicate what portion of the total cost each of the two organizations agrees to pay.

      • (6) Employees continue to earn leave under FHWA's leave system, and they continue to have appropriate absence from duty with the non-Federal organization charged against that leave. The responsibility for documenting leave for detailed employees must be specified in the assignment agreement. All leave used, as well as hours worked, must be certified by the non-Federal organization to the FHWA.

      • (7) The workweek and hours of duty will be determined by the non-Federal organization.

   5. FHWA employees assigned to a non-Federal organization on LWOP

      • (1) An employee is given an appointment in accordance with the terms of the written agreement and the personnel policies of that non-Federal organization.

      • (2) An employee is paid by the non-Federal organization to which he or she is assigned. This salary may be more than the employee's current Federal salary. A supplemental salary payment must be made when the rate of pay of the non-Federal organization is less than the rate of pay the employee would have received in his or her position at the FHWA.

      • (3) The key to determining the Federal rate of pay for an employee on LWOP for an IPA assignment is the employee's travel status and benefits. If the employee is receiving temporary duty travel allowances, it is proper to use the rate of pay for the duty station the employee occupied before the IPA assignment. If the employee is receiving change-in-station relocation allowances, it is proper to use the rate of pay for the duty station of the IPA assignment.

      • (4) The employee is entitled to earn annual and sick leave to the same extent as if he or she had continued in the FHWA position. Annual and sick leave balances are transferable both to and from these assignments, subject to the limitations prescribed for annual leave carryover. The assignment agreement must specify whether the non-Federal organization or the FHWA will pay for the cost of leave. The non-Federal organization, in accordance with its regulations and policies, will determine the employee's workweek, hours of duty, and the holidays to which he or she is entitled.

      • (5) An employee is entitled to receive full service credit while on assignment if he or she makes a written election to retain retirement coverage and continues to pay the employee's contribution into the Federal retirement system.

      • (6) If an employee is injured or disabled while on LWOP, he or she may not receive both a Federal disability and non-Federal compensation covering the same period.

      • (7) Service is creditable in-full for Federal salary purposes, including within-grade increases and leave accrual.

9. Who is authorized to approve IPA agreements and extensions? The FHWA Administrator is authorized to make final approval of IPA agreements and extensions. IPA agreements must have the concurrence of a State or local government, tribal organization, institution of higher education and/or other eligible organizations; must have the consent of the employee concerned; and the work must be of mutual concern and benefit to both organizations involved.

10. What is the duration of an IPA assignment?

    1. An IPA assignment may not exceed two years.

    2. The head of a Federal agency may extend the period of assignment for up to two additional years, subject to the concurrence of the other parties to the agreement.

    3. Assignments may be intermittent, part-time, or full-time, but they should be kept to a minimum time period necessary to complete the assigned tasks.

    4. In the case of assignments made to Indian tribes or tribal organizations, the Federal agency or organization head may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the Federal agency and the Indian tribal government or organization.

11. Who is responsible for financing an IPA assignment? The cost-sharing financial arrangements of an IPA assignment are negotiable between FHWA and the participating non-Federal agency or organization, tribal government or organization, or institution of higher education. The Federal agency may agree to pay all, some, or none of the costs of an assignment. Such costs may include employee pay, fringe benefits, relocation costs, and travel and per diem expenses.

12. What information must be included on the IPA agreement form?

    1. The following information must be on the IPA agreement:

       • (1) the name, social security number, current job title, salary, classification, and address of the employee;

       • (2) parties to the agreement (both FHWA and non-Federal organizations);

       • (3) position information, including organizational location of both the FHWA position and the position entered into under the agreement;

       • (4) the type of assignment (e.g. detail or LWOP; non-Federal to Federal; Federal to non-Federal) and period covered by the assignment agreement;

       • (5) goals of the assignment and a brief statement of how the goals are to be achieved;

       • (6) relative benefits accruing to each organization and the cost-sharing arrangement based on these benefits;

       • (7) a statement of how increased knowledge, skills and abilities gained by the employee during the assignment will be utilized at the completion of the assignment;

       • (8) applicability of Federal conflict of interest laws;

       • (9) decisions of the FHWA and the non-Federal organization concerning the employee's salary, supervision, payment of travel and transportation expenses, supplemental pay, entitlement to leave and holidays, provisions for reimbursement, and the method of reimbursement;

       • (10) arrangements for maintaining leave records;

       • (11) employee benefits that will be retained; and

       • (12) Privacy Act statement.

    2. The agreement should also make clear that if an employee is paid allowable travel, relocation, and per diem expenses, he or she must complete the entire period of the assignment or one year, whichever is shorter, or reimburse the government for those expenses.

    3. For Federal employees, the agreement must ensure that the assignee knows of his or her obligation to return to the Federal service for a time equal to the length of the assignment, or he or she will be liable for all expenses (exclusive of salary and benefits) associated with the assignment.

13. What is involved in making changes to the assignment agreement? All significant changes in an employee's duties and responsibilities, salary, work assignment location and supervisory relationships must be duly recorded as a modification to the original agreement. The assignment agreement for each employee must always be accurate, complete, and current.

14. When is an IPA agreement terminated?

    1. An IPA assignment will normally terminate upon the projected completion date established under Part 5 of the Agreement. The assigned employee, on his/her own accord, cannot terminate an agreement early, but the employee may request initiation of early termination, with appropriate justification, from the agency or organization which permanently employs the assignee.

    2. An IPA assignment may be terminated at any time at the option of the Federal or non-Federal organization. Where possible, the party terminating the agreement before the original completion date should give 30-day notice to all parties involved.

    3. The OPM may terminate an assignment or take other corrective actions when an assignment is found to violate the OPM's IPA regulations.

    4. A mobility assignment must be terminated immediately whenever the assignee is no longer employed by his or her original employer, regardless of whether the assignment is a detail or an appointment.

15. What is the obligated service requirement? FHWA employees must agree, as a condition of accepting a mobility assignment, to return to the Federal government and to serve for a period of time equal to the length of the assignment. If the employee fails to meet this obligation, he or she must reimburse the FHWA for its share of the costs of the assignment. FHWA officials may waive this reimbursement for good and sufficient reason.

16. How is the employee returned to duty? At the completion of a mobility assignment, the agency should return the employee to the same position he or she occupied at the time the assignment began or reassign the individual to another position of similar pay and grade level.

17. What are the reporting requirements for IPA assignments? The Human Resource Office in Washington Headquarters reports IPA assignments to the DOT, Office of the Secretary, on an annual basis.

Par.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What references were used in writing this section?
4. What are reemployment, reinstatement, and return rights?
5. What are Special Selection Consideration Programs?

1. What is the purpose of this section? This section defines the policy and procedures for the restoration rights, reemployment rights, reinstatement rights, return rights, and special selection consideration of the Federal Highway Administration (FHWA) employees who are so entitled by law, regulations and administrative determinations.

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 3, Section 5, Reemployment Rights, Return Rights and Placement Consideration Programs, dated June 28, 1996.

3. What references were used in writing this section?

   1. Title 38, United States Code (U.S.C.), Sections 4312 – 4314.

   2. Title 5, Code of Federal Regulations (CFR), Part 353, Restoration to Duty from Uniformed Service or Compensable Injury.

   3. Title 5, CFR, Part 352, Reemployment Rights, Subparts C and E.

   4. Title 5, U.S.C., Sections 3581- 3584 and 3343.

   5. Departmental Personnel Manual (DPM) Chapter 352, Subchapter 3, Detail and Transfer of Federal Employees to International Organizations.

   6. Title 5, U.S.C., Section 3373.

   7. Title 5, CFR, Part 334, Temporary Assignment of Employees Between Federal Agencies and State, Local, and Indian Tribal Governments, Institutions of Higher Education, and other Eligible Organizations.

   8. Title 5, CFR, Part 335, Promotion and Internal Placement.

   9. Title 5, CFR, Part 330, Recruitment, Selection, and Placement (General), Subparts B, F and G.

   10. DPM System Letters 330-9, Mandatory Placement Programs for Displaced and Surplus Employees; 330-8, DOT Reemployment Priority List; and 300-22, DOT Career Transition Program.

   11. FHWA Career Transition Assistance Program.

4. What are reemployment, reinstatement, and return rights?

   1. These are entitlements, based upon law, of an employee to return to career employment after assignment to other kinds of employment. These include, but are not limited to, the statutory rights outlined below. Each of the rights defined are individual employee rights based on statutes and regulations and they take precedence over any other priority consideration entitlement. These rights are generally exercised at the employee's initiative, except the return from an Intergovernmental Personnel Act (IPA) assignment upon termination of that assignment.

      Statutory Reemployment, Reinstatement and Return Rights

      LAW	AUTHORITY	PROVISION	STIPULATION
      Military Service Restoration Right	38 U.S.C. 4312 – 4314; 5 CFR 353; Uniformed Service Employment and Reemployment Rights Act of 1994.	Right to position held prior to being ordered to duty, or position of like seniority, status and pay.	Notification for reemployment varies based on period of service in the uniformed services.
      Foreign Service Reinstatement Right	5 CFR 352 & Foreign Assistance Act of 1961	Right to former position or to one of like seniority, status and pay.
      International Organization Reemployment Right	5 USC 3581- 3584 and 3343	Reemployment right to same position or to one of like seniority, status and pay.	The FHWA Administrator must have approved initial transfer.
      Intergovernmental Personnel Act Return Right	IPA of 1970; 5 USC 3373	Right to former position or another position of like pay and grade.
      Temporary Promotion Return Right	5 CFR 335.102	Right to return to same or equivalent position upon termination of temporary promotion.

   2. Procedures and responsibilities. An employee who has any of the rights listed above is responsible for advising the servicing human resource office at the time he/she is eligible. It is the responsibility of the servicing human resource office to oversee such employee rights and entitlements, and to notify management in advance of the possible exercise of such rights so that appropriate placements may be made. Management officials are responsible for planning staffing programs and management positions in their organizations to provide for timely placement of these employees.

5. What are Special Selection Consideration Programs?

   1. Career Transition Assistance Program. In accordance with 5 CFR, Part 330, current FHWA and other U.S. Department of Transportation (DOT) career or career-conditional employees who are identified as surplus or displaced employees are eligible for special selection priority for positions in DOT as well as career transition services under the FHWA Career Transition Assistance Plan (CTAP). With few exceptions, a well-qualified “CTAP eligible” must be selected over any other candidate for vacancies in the local commuting area for which they apply. Additional information for this program can be found in the DPM System Letters 330-9, Mandatory Placement Programs for Displaced and Surplus Employees; 330-8, DOT Reemployment Priority List; 300-22, DOT Career Transition Program; and PMM Part 1, Chapter 3, Section 6, Reduction-In-Force (RIF).

   2. Interagency Career Transition Assistance Program. In accordance with 5 CFR, Part 330, current and former FHWA (and other DOT) employees who are separated (or being separated) through RIF, or removed (or being removed) for declining a directed reassignment or transfer of function outside the local commuting area, are eligible for special selection priority for positions in other Executive Branch agencies. These positions are announced outside those agencies under each agency’s Interagency Career Transition Assistance Plan (ICTAP).

   3. Priority consideration. Priority consideration is the review of an eligible employee's qualifications by the selecting official simultaneously with the qualifications of employees obtained through merit promotion. The following programs grant specific administrative entitlements to eligible employees for priority consideration.

      1. (1) Eligibility based on failure to receive proper consideration in a merit promotion action. This consideration is based on FHWA PMM Part 1, Chapter 3, Section 1, covering employees not given proper consideration in a previous merit promotion action. These employees must be provided with priority promotion consideration for the next appropriate vacancy to compensate for the lost consideration. The consideration is provided only when the promotion action in question is allowed to stand. Servicing human resource offices will maintain a record of these candidates and advise management officials when such consideration is to be provided.

      2. (2) Repromotion Consideration Program. This consideration covers employees who were demoted through no fault of their own and not at their own request, and who are not covered by the grade/pay retention provisions of the Civil Service Reform Act (CSRA) of 1980. These employees may be given repromotion consideration as an exception to competitive merit promotion procedures.

   4. DOT Reemployment Priority List (RPL). In accordance with DPM Chapter 330, a career or career-conditional employee who is separated because of RIF or a compensable injury or disability (where recovery takes more than one year from the time the employee began receiving compensation) will be entered on the DOT RPL for all DOT positions and grade levels in his/her local commuting area for which qualified and available. This list must be used when filling vacancies by recruitment from outside DOT. Reemployment from the RPL is treated as a reinstatement. The maximum eligibility period is one year from the date of separation for career-conditional employees and two years for career employees.

Par.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What are the pertinent references regarding RIF?
4. What are the definitions of key terms used in this section?
5. What preliminary procedures must be completed in conducting a RIF?
6. What are the competitive areas in the FHWA?
7. How are retention registers prepared?
8. What are employees' assignment rights?
9. How are ties broken?
10. What notices are provided to employees in a RIF situation?
11. What grade and pay retention benefits are available to employees impacted by RIF?
12. What severance pay is a separated employee entitled to?
13. What placement assistance is available for displaced or surplus employees?
14. What appeal rights does an employee have who is affected by a RIF?

1. What is the purpose of this section? This section revises the Federal Highway Administration's (FHWA's) procedures for conducting a Reduction in Force (RIF). This section must be used in conjunction with the documents listed in paragraph 3.

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Chapter 3, Assignment and Utilization of Employees, Section 6, Reduction in Force, dated May 4, 1998.

3. What are the pertinent references regarding RIF?

   1. Title 5, U. S. Code (U.S.C.), Section 3502.

   2. Title 5, U.S.C., Section 5364.

   3. Title 5, Code of Federal Regulations (CFR), Part 351, Reduction in Force.

   4. Title 5, CFR, Part 536, Grade and Pay Retention.

   5. Title 5, CFR, Part 550, Pay Administration.

   6. Title 5, CFR, Part 330, Subparts B, F, and G.

   7. Title 5, CFR, Part 630, Absence and Leave.

   8. Title 5, CFR, Parts 1200 and 1201, Merit Systems Protection Board (MSPB).

   9. Departmental Personnel Manual (DPM) Letter No. 351-4, dated October 22, 1998, Reduction In Force, as amended, supplemented, or superseded.

   10. DPM Letter No 330-9, dated September 8, 1997, Mandatory Placement Programs for Displaced and Surplus Employees, as amended, supplemented, or superseded.

   11. DPM Letter No.300-22, dated September 8, 1997, DOT Career Transition Program (Revised), as amended, supplemented, or superseded.

   12. FHWA Career/Interagency Transition Assistance Plan, dated January 13, 2004, as amended, supplemented, or superseded.

4. What are the definitions of key terms used in this section?

   1. Adjusted service computation date. This is the date that reflects an employee's total creditable Federal civilian and military service with additional service credit for the three most recent annual performance ratings of record received during the four-year period prior to the date of issuance of a specific RIF notice. If the annual performance rating of record is based on five factor rating levels, Outstanding ratings (or the equivalent) are credited with twenty additional years of service; Exceptional ratings (or the equivalent) are credited with sixteen additional years of service; and Fully Successful ratings are credited with twelve years of service. If the annual performance rating of record is based on three factor rating levels, Outstanding ratings are credited with twenty additional years of service, and "Meets or Exceeds Requirements" ratings are credited with twelve additional years of service. The additional years of service credit for performance are averaged, and they are added to the total creditable service to arrive at the adjusted service computation date. If there are less than three annual ratings of record within the four-year period prior to the date of issuing the specific RIF notice, one or more presumed rating(s) of "Meets or Exceeds Requirements" (equivalent to Fully Successful) will be credited with twelve years of additional service for each rating to produce a total of three annual ratings of record.

   2. Annual performance rating of record. This is an official performance rating under the FHWA performance appraisal system described in the PMM Chapter 5, Section 2.

   3. Available position. This is a position in the same competitive area that will last at least three months after the effective date of a RIF and which is occupied by an employee subject to displacement by the exercise of assignment rights ("bumping" and "retreating") by an employee with higher retention standing. The available position must be one that the released employee qualifies for and also be within the grade ranges specified in the definitions of "bump" and "retreat".

   4. Bump. This is an action to assign an employee from one competitive level to a position in another competitive level that is occupied by an employee in a lower tenure group or in a lower retention subgroup within the same competitive area. Bumping can be no more than three grades (or appropriate grade intervals or equivalent) below the position from which the employee was released.

   5. Competitive area. This is the geographic and organizational area within which employees compete during a RIF.

   6. Competitive level. This is a grouping of positions in the same grade (or occupational level) and classification series having the same characteristics in terms of qualification requirements, duties, responsibilities, pay schedules, and working conditions. These positions are sufficiently similar that an employee can successfully perform the duties of any other position upon entry into it, without any loss of productivity or undue interruption beyond what is normally expected in the orientation of any new but fully qualified employee. A single position may occupy a competitive level by itself. Separate competitive levels shall be established by: competitive or excepted service, appointment authority in the excepted service, pay schedules, work schedules, and trainee status.

   7. Displacement. This is the release of an employee from his/her competitive level caused by another employee with a higher retention standing.

   8. Furlough. For purposes in this section, a furlough is the placement of an employee in a temporary nonduty and nonpay status for more than thirty calendar days (or more than twenty-two workdays if done on a discontinuous basis), but not more than one year when the placement is based on RIF reasons.

   9. Local commuting area. This is a geographic area that is usually comprised of a population center (or two or more neighboring areas) and its surrounding localities in which people live and can be reasonably expected to travel back and forth daily to their normal duty station.

   10. Qualified. In order to be "qualified" for assignment to a position means that an employee meets Office of Personnel Management (OPM) standards and requirements for the position, including any education, experience (when appropriate), any selective factors established by the agency, physical (with reasonable accommodation), or other requirements. The employee must be able to satisfactorily perform the duties and responsibilities of the position upon entry into it without undue interruption to the work activity and without any loss of productivity beyond what is normally expected in the orientation of any new but fully qualified employee.

   11. Reduction in Force (RIF). This is the process through which an organization releases a competing employee from his/her competitive level by separation, furlough for more than thirty calendar days (or on a discontinuous basis for more than twenty-two workdays), demotion, or reassignment requiring displacement. This release is required by lack of work or funds, insufficient personnel ceiling, reorganization, reclassification due to erosion of duties when the action is effected after an agency has formally announced a RIF that will be effected within 180 calendar days, or the need to place a returning employee with reemployment or restoration rights.

   12. Retention register. This is a list of employees assigned to a single competitive level within a competitive area, and it is ranked by tenure group, subgroup, and adjusted service computation date.

   13. Retention standing. This is an employee's relative position on a retention register with respect to tenure group, subgroup, and adjusted service computation date.

   14. Retreat. This is an action to assign an employee to the same or an essentially identical position that the employee previously held in a Federal agency when the position is occupied by someone with lower retention standing in the same tenure group and subgroup. Retreating is limited to not more than three grades (or appropriate grade intervals or equivalent) below the position from which the employee was released, except that for a preference eligible employee with a compensable service-connected disability of thirty percent or more the limit is five grades (or appropriate grade intervals or equivalent).

   15. Screen. This is an action to release from a competitive level the employee with the least retention standing when a position in that competitive level is abolished.

   16. Service computation date. This is the date that reflects an employee's total creditable Federal civilian and military service.

   17. Subgroups. These are subdivisions of tenure groups. Subgroups include:

       (1) Subgroup AD that includes employees entitled to veterans' preference who have a compensable service connected disability of thirty percent or more.

       (2) Subgroup A that includes employees entitled to veterans' preference for RIF purposes, other than employees in Subgroup AD.

       (3) Subgroup B that includes employees not entitled to veterans' preference during RIF.

   18. Surplus employee. This is an employee who is likely to face displacement through anticipated RIF or internal reorganization/realignment to a different position.

   19. Tenure groups. These are groupings of employees based on type of appointment and civil service retention rights. There are two major categories of tenure groups, and each is further subdivided.

       (1) Competitive Service Tenure Groups.

       (a) Tenure Group I is composed of career employees who are not serving under initial probationary periods.

       (b) Tenure Group II is composed of career-conditional employees and career employees serving initial probationary periods.

       (c) Tenure Group III is composed of indefinite employees, employees serving under temporary appointments pending establishment of registers, employees serving under status quo or term appointments, and employees under any other non-status non-temporary appointments.

       (2) Excepted service tenure groups.

       (a) Tenure Group I is composed of permanent employees whose appointments do not contain a restriction or condition such as definite or indefinite, a specific time limitation, or a trial period.

       (b) Tenure Group II is composed of employees serving a trial period and whose tenure is equivalent to a career-conditional appointment in the competitive service.

       (c) Tenure Group III is composed of employees whose tenure is indefinite, whose appointment has a specific time limitation of more than one year, or who complete one year of current continuous service under a temporary appointment limited to one year.

5. What preliminary procedures must be completed in conducting a RIF?

   1. Verifying records. Personnel records must be verified and updated, as needed, to ensure proper crediting of civilian and military service and the three most recent annual performance ratings of record (during the four year period prior to the date of issuance of a specific RIF notice) in determining the adjusted service computation dates. This is necessary for proper assignment of employees to competitive levels and determination of assignment rights during a RIF.

   2. Establishing competitive area, competitive levels, and retention registers. Establishment of competitive areas, competitive levels, and retention registers must be completed prior to identifying employees for release from their competitive levels because of job abolishment. If competitive areas are changed less than ninety calendar days prior to the effective date of a RIF, they must be approved by OPM.

   3. Freezing personnel actions. A freeze on personnel actions may be necessary to prevent the movement of employees from one competitive level or area to another during preparations for a RIF. Such movement could adversely affect the retention standing or assignment rights of the employees being moved or other employees.

   4. Identifying abolished positions. All positions to be abolished should be identified as soon as possible. Delay in identifying abolished positions results in delays in delivery of RIF notices, and thereby delays in effecting the RIF in a timely manner.

6. What are the competitive areas in the FHWA?

   1. Basic competitive areas. The basic competitive area during a RIF in the FHWA will be the local commuting area of an employee's permanent duty station, within each of the basic organizational elements listed below. When two or more of these organizational elements are collocated in the same local commuting area, each one constitutes a separate competitive area. These basic organizational elements are: (1) the Washington Headquarters; (2) each Resource Center office location; (3) each Federal-aid division office; and (4) each Federal Lands Highway Division office.

   2. Exceptions. Exceptions to the local commuting areas as a competitive area within an organizational element are: (1) each foreign country constitutes a separate competitive area, as does each United States territory or possession; and (2) trainees in formal training programs (such as the Professional Development Program) who are on the rolls of, and administratively controlled by, the Career Entry and Student Outreach Programs Group are in a separate FHWA-wide competitive area.

7. How are retention registers prepared? When it is necessary to prepare for a RIF in the FHWA, retention registers will be prepared for all competitive levels for all grade levels at or below the highest grade level involved in the RIF. These registers will be used to determine employee assignment rights. Employees are listed in retention order beginning with group I AD and ending with Group III B. Within each subgroup, employees are listed in order based on their adjusted service computation dates with the oldest (i.e., earliest) date listed first.

8. What are employees' assignment rights? When a Group I or Group II employee in the competitive service is released from his/her competitive level, the employee is offered an available position (e.g., through bump or retreat) in another competitive level, if one exists. If no such position exists, the employee shall be separated. An employee who refuses to accept a position that is offered in accordance with his/her rights shall also be separated. Competing Group III employees in the competitive service are entitled to bump other employees in tenure group III. Competing excepted service employees in Groups I and II under Schedule A or Schedule B are entitled to assignment rights in the second round of competition (which consists of bump or retreat) similar to those that apply to competitive service employees, except that an eligible employee is entitled to bump or retreat only to an occupied position held by an employee appointed under the same authority.

9. How are ties broken? When one or more, but not all, employees who have the same adjusted service date and who are in the same subgroup must be released from their competitive level, the tie will be broken at the discretion of the appropriate Associate Administrator, the Chief Counsel, the appropriate Director of Field Services, Resource Center Manager, Division Administrator, or Federal Lands Highway Division Engineer. This tie breaking will be based on consideration of factors such as: (a) which employee's position is most essential to the accomplishment of the mission of the organization, (b) which employee has the longest service in the FHWA, and (c) which employee is likely to do the best work in the continuing position.

10. What notices are provided to employees in a RIF situation? Each employee selected for release from his/her competitive level under RIF procedures must receive a specific written notice at least 120 calendar days (excluding the day of delivery of the notice) before the effective date of release. A Saturday, Sunday, or a legal holiday may not be the effective date of the RIF action if it is the 120^th day of the notice period. Exceptions may be made to the 120 day advance notification requirement to establish a shorter notice period only as a result of budget, full-time equivalent (FTE), legislative, or other circumstances outside of FHWA management's control. A notice period of less than sixty calendar days requires the prior approval of the Office of the Secretary, Department of Transportation (DOT), and the OPM. The specific RIF notice shall include a notification to employees of their right, where applicable, to elect to use annual leave and remain on the agency's rolls after the effective date the employee would otherwise have been separated in order to establish initial eligibility for immediate retirement and/or to acquire eligibility to continue health benefits into retirement. A Certification of Expected Separation (CES) may also be issued to employees if it is found that the employee would likely to be separated within six months by RIF. The CES allows employees to register early for internal and external outplacement assistance.

11. What grade and pay retention benefits are available to employees impacted by RIF? Employees who are placed in a lower graded position as a result of a RIF are entitled to grade retention and/or pay retention as described below.

    1. Grade retention. Employees who are placed in a lower graded position as a result of a RIF, and who have served at least fifty-two consecutive weeks at a grade or grades higher than the position in which placed, are entitled to grade retention for a period of two years. This eligibility is terminated prior to the expiration of the two year period if the employee (1) has a break in service of one work day or more, (2) is placed in a position the grade of which is equal to or greater than the retained grade, (3) declines a reasonable offer of such a position, (4) is demoted for personal cause or at his/her own request, (5) elects in writing to have this benefit terminated, or (6) refuses to enroll in programs that provide priority consideration.

    2. Pay retention. Employees who are placed in a lower graded position as a result of a RIF, and whose pay cannot be set within the salary range of the lower graded position, are entitled to pay retention upon expiration of the two year period of grade retention, or when they do not meet the criteria for grade retention. Under pay retention, the rate of basic pay is set in accordance with 5 CFR Part 536. Pay retention ceases when the employee (1) has a break in service of one workday or more, (2) is demoted for personal cause or at his/her request, (3) declines a reasonable offer to a position the rate of basic pay which is equal to or higher than the rate to which the employee is entitled to under pay retention, or (4) when the employee becomes entitled to a rate of basic pay that is equal to or higher than the rate of pay that the employee is entitled to under pay retention.

12. What severance pay is a separated employee entitled to? Generally, employees involuntarily separated under RIF procedures, who have been employed for a continuous period of at least twelve months and who are not serving under an appointment with a definite time limitation, are entitled to severance pay. Employees who are eligible for an immediate annuity beginning within thirty-one calendar days of separation are not entitled to severance pay. Severance pay is computed on the basis of one week's basic pay for each year of civilian service up to and including ten years, and two week's basic pay for each year of civilian service beyond ten years for which severance pay has not already been received. For employees who are over the age of forty at the time of separation, severance pay is increased by ten percent of the total basic allowance for each year over the age of forty. The basic pay used as the basis for severance pay computation is the rate of basic pay an employee received immediately before separation. Employees are limited to a lifetime entitlement of fifty-two weeks severance pay.

13. What placement assistance is available for displaced or surplus employees?

    1. FHWA priority consideration program. Employees who are entitled to grade and/or pay retention under the provision of 5 U.S.C. 5364 are eligible for consideration under this program. Additional information and procedures for this program can be found in PMM Chapter 3, Section 5, paragraph 3. Employees who are downgraded and are not eligible for grade/pay retention are eligible for concurrent consideration in accordance with PMM Chapter 3, Section 5, paragraph 4.

    2. DOT Reemployment Priority List (RPL). In accordance with 5 CFR , Part 330, Subpart B, career and career-conditional employees who have received a notice that they are scheduled to be separated under RIF or have received a CES are eligible to be entered on the DOT RPL for all DOT positions in their local commuting area for which they are qualified and available. Eligible employees should furnish their servicing human resources office a current resume, Optional Form (OF) 612, or Standard Form (SF) 171, and indicate the types and grade levels of positions for which they are available. The maximum eligibility period is one year from the date of separation for career-conditional employees and two years for career employees (see PMM Chapter 3, Section 5, paragraph 4).

    3. Career transition assistance program. In accordance with 5 CFR, Part 330, current FHWA (and other DOT) career and career-conditional employees, who are identified as surplus or displaced employees, are eligible for special selection priority for positions within DOT and career transition services under the DOT Career Transition Assistance Plan (CTAP).

       (1) To be eligible for special selection priority under the CTAP, an employee must be a surplus or displaced employee at grade level General Schedule (GS)-15 (or equivalent) or below in the competitive service. This employee must have received a specific RIF notice, a CES, or a Certification of Surplus Status (CSS). The employee must also:

       (a) Apply for a position in the same local commuting area as the position from which the employee is being separated that is at or below the grade level of the employee's current position with no greater promotion potential;

       (b) Have a current performance rating of record of at least "meets or exceeds" (fully successful or the equivalent);

       (c) File an application for a specific vacancy within the time frames established for the position;

       (d) Submit proof of eligibility; and

       (e) Be determined as well-qualified for the position.

       (2) Surplus and displaced employees will also receive career transition services, such as career counseling, networking, job information, and financial planning as well as retraining to close skill gaps. Surplus employees (i.e., those in receipt of a CSS or CES) must be provided an orientation on career transition assistance within ten working days of receipt of certification. Displaced employees (i.e., those in receipt of a RIF separation notice) must receive orientation within two working days of receipt of the notice. Surplus employees will receive sixteen hours of official time each pay period in order to pursue career transition services. Displaced employees will receive thirty-two hours of official time each pay period to pursue career transition services.

       (3) CTAP eligibility begins on the date FHWA issues the employee a CSS, CES, or RIF separation notice, and ends on the date the employee is separated by RIF, the date the CSS, CES, or RIF separation notice is canceled, or the effective date the employee receives a permanent career, career-conditional, or excepted appointment.

    4. Interagency Career Transition Assistance Program. In accordance with 5 CFR, Part 330, current and former FHWA (and other DOT) employees who are separated (or being separated) through RIF, or removed (or being removed) for declining a directed reassignment or transfer of function outside of the local commuting area, are eligible for special selection priority for positions in other Executive Branch agencies. These positions are those that are announced outside of those agencies under each agency's Interagency Career Transition Assistance Plan (ICTAP). In addition, former FHWA (and other DOT) and current or former employees from other Federal agencies are eligible for special selection priority for DOT positions that are announced outside DOT under the DOT ICTAP.

       (1) To be eligible for special selection priority, an employee must be a displaced employee who has, or had, a career or career-conditional appointment in the competitive service at grade level GS-15 (or equivalent) or below. The employee must also:

       (a) Apply for a position in the same local commuting area as the position from which the employee has been (or is being) separated that is at or below the grade level of the employee's last (or current) position with no greater promotion potential;

       (b) Have a last (or current) performance rating of record of at least "meets or exceeds" (fully successful or the equivalent);

       (c) File an application for a specific vacancy within the time frames established for the position;

       (d) Submit proof of eligibility; and

       (e) Be determined as well-qualified for the position.

       (2) ICTAP eligibility within DOT for DOT employees begins on the date the employee is separated by RIF. ICTAP eligibility for DOT employees begins in other Federal agencies when the employee is issued a RIF separation notice or a notice of proposed removal for declining a directed reassignment or transfer of function outside the local commuting area. ICTAP eligibility ends:

       (a) one year after separation or other covered action affording ICTAP eligibility;

       (b) on the effective date the employee receives a permanent career, career-conditional, or excepted appointment;

       (c) on the date the employee resigns or retires on non-discontinued service retirement before the effective date of the RIF; or

       (d) on the date the employee declines an official job offer. (The employee's eligibility ends only in the agency in which the official job offer was declined.)

14. What appeal rights does an employee have who is affected by a RIF? Employees who have been furloughed for more than thirty calendar days, separated, or demoted by a RIF action may appeal to the MSPB. Appeals may be filed with the MSPB during the period beginning with the day after the effective date of the action, and ending thirty calendar days after the effective date. Employees who are affected by a RIF action will be given specific information on time limits for filing an appeal, the address of the appropriate MSPB office, a copy of MSPB's regulations (found in 5 CFR, Part 1201), and a copy of the appropriate appeal form.

Par.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What is the FHWA policy with regard to the TCT Program?
4. Which disciplines and technical positions are covered by the TCT Program?
5. How are TCT positions filled?

1. What is the purpose of this section? This section revises the Federal Highway Administration (FHWA) Technical Career Tracks (TCT) Program. Technical career tracks require specific high-level technical and professional competencies that are at, and usually above, the full performance level of positions in technical disciplines.

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 3, Section 7 (Technical Career Tracks Program), dated November 16, 2000.

3. What is the FHWA policy with regard to the TCT Program? The FHWA policy with regard to the TCT Program is to establish technical career tracks at the grade 13, 14, and 15 levels for certain disciplines where the development of a high level of technical or specialized program expertise is critical for the accomplishment of the FHWA's mission. The purpose of these technical career tracks is to focus efforts on developing needed technical expertise and to support improved career advancement opportunities within the technical disciplines. Nothing in this policy supersedes management's right and responsibility to determine the assignment of duties and who is promoted. The Resource Center and the Office of Research, Development, and Technology (HRT-1) primarily provide technical expertise in the FHWA. The TCT Program mainly serves positions in these organizations and only selectively in Division Offices, Federal Lands Highway Division Offices, andotherWashington Headquarters organizations. All positions in the technical career tracks will be properly classified in accordance with the Office of Personnel Management's classification standards.

4. Which disciplines and technical positions are covered by the TCT Program?

   1. Disciplines covered by the TCT Program. Technical career tracks are established in certain disciplines identified as providing critical technical and program expertise as well as other disciplines identified by top FHWA leadership. These disciplines are: Air Quality, Civil Rights, Environment, Finance, Geometric Design, Geotechnical, Hydraulics, Intelligent Transportation System/Transportation Management, Logistics, Materials, Pavements, Planning, Right-of-Way, Safety, and Structures. Other disciplines may be added or deleted at the discretion of the Leadership Team. The Directors of Field Services, the appropriate Associate Administrator(s), and, where applicable, the Associate Administrator for Research, Development, and Technology (in conjunction with these other officials when the positions are similar to R, D, & T positions) make the recommendation to the full Leadership Team on adding or deleting a technical discipline.

   2. Technical positions covered by the TCT Program

      1. (1) Technical career tracks include, as appropriate, technical specialist positions at grades 13 through 15 in covered disciplines in the Resource Center, Division Offices, Federal Lands Highway Division Offices, and Washington Headquarters Offices (including HRT-1). Advancement in the technical career track to the General Schedule (GS)-14 or above level by a Division Office employee is expected to be a rare occurrence unless the employee is currently functioning as a national expert (routinely providing expert technical assistance to other offices outside his or her State) in the particular functional area.

      2. (2) Supervisory and Team Leader positions which require that the incumbent individually provide critical technical and program expertise, equivalent to that of a technical specialist in a discipline, are included in the TCT program. Candidates occupying these types of positions who are applying for TCT positions will be evaluated on their technical activities and accomplishments, not on their management activities.

5. How are TCT positions filled?

   1. Filling vacancies. Vacancies within the technical career tracks may be filled by a variety of methods including reassignment, through the use of a Delegated Examining Unit, and by use of the FHWA Merit Promotion Plan outlined in PMM Chapter 3, Section 1. The method used is dependent upon the availability of qualified candidates within the FHWA and/or the need to employ an individual with the needed skills (not otherwise available within the FHWA) in order to perform effectively in the vacant position. TCT Program positions may be advertised with known promotion potential. If a candidate is selected to fill the position at a lower grade level, the employee may be promoted to the higher grade level(s) without further competition. Selecting officials are encouraged to use senior technical specialists to evaluate the qualifications of candidates for positions in the discipline. Specialists who perform these reviews must be at least the same grade level as, and preferably a higher grade than, the highest grade level of the position(s) being filled.

   2. Opportunity for promotion. Within the technical track, there is no guarantee of promotion (except for specific positions that are filled on a known promotion potential basis), but there is a commitment to the opportunity for employees to develop professionally to the extent permitted by available resources and the mission requirements of the organization. Establishment of these positions in the Resource Center implies management support for these positions operating at the national or international level. It is expected to be very difficult and challenging to achieve those levels. In accordance with overall staffing patterns of the FHWA and in a given discipline, opportunities exist at the higher levels, but they are dependent upon both organizational and external circumstances making work assignments at those levels possible, and upon the individual initiative and self-development of the employee.