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Department of Justice Priority Placement Programs Plan (CTAP, ICTAP, RPL and PRL)

Material Transmitted:
Department of Justice (DOJ) Priority Placement Programs Plan (CTAP, ICTAP, RPL, and PRL), dated 05/28/2025.

Material Superseded:
Department of Justice (DOJ) Career Transition Assistance Plan, revised 6/2001.

Background:
This Plan replaces and updates DOJ’s June 2001 Career Transition Assistance Plan to correct CTAP, ICTAP, and RPL clearance procedures consistent with 5 C.F.R. Part 330.  This Plan is designed to help DOJ employees affected by downsizing to take charge of their own careers by providing them with the support they need to find other job offers, either with government or in the private sector.

This Plan is effective immediately and must be carried out by Component HR Offices in accordance with applicable laws, regulations, collective bargaining agreements, and Departmental policy.

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Subject:  Priority Placement Programs

Exceptions to CTAP:  5 CFR 330.609 -- Exceptions to CTAP selection priority. - Appendix A
Exceptions to ICTAP:  5 CFR 330.707 -- Exceptions to ICTAP selection priority. - Appendix B
Exceptions to RPL:  5 CFR 330.211 -- Exceptions to RPL placement priority.Appendix C
Exceptions to PRL:  5 CFR Part 302 -- Employment in the Excepted Service  -  Appendix D


00: Purpose

In accordance with 5 C.F.R. Parts 302 and 330, this Plan outlines the Department of Justice’s (Department or DOJ) 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 Plan should be used with the references listed below.

When provisions of this Plan differ from applicable law or regulation, the law or regulation applies.


10: References

  1. 5 C.F.R. Part 302, Employment in the Excepted Service
  2. 5 C.F.R. Part 330, Subpart A, Filling Positions in the Competitive Service
  3. 5 C.F.R. Part 330, Subpart B, Reemployment Priority List (RPL)
  4. 5 C.F.R. Part 330, Subpart F, Agency Career Transition Assistance Plan (CTAP)
  5. 5 C.F.R. Part 330, Subpart G, Interagency Career Transition Assistance Plan (ICTAP)
  6. 5 C.F.R. Part 351, Reduction in Force
  7. 5 C.F.R. § 353.110(b), Restoration to Duty from Compensable Injury

20: Coverage and Exclusions

  1. Coverage
    1. The provisions in this Plan apply to DOJ competitive and certain excepted service employees who are eligible for priority selection under CTAP and ICTAP at grades GS-15 (or equivalent) or below.
    2. This Plan also applies to current and/or former DOJ employees eligible for priority reemployment consideration via the RPL (competitive service) or PRL (excepted service) programs.
  2. Exclusions
    1. This Plan does not apply to Schedule C (political) excepted service employees or employees on time-limited appointments.
    2. The Department will follow all requirements of 5 U.S.C. Chapter 71 involving bargaining conditions of employment for bargaining unit employees. To the extent that provisions of this Plan are in specific conflict with a Collective Bargaining Agreement (CBA), the provisions of the CBA govern for bargaining unit positions only.

30: Definitions

  1. Agency. An executive department (i.e., DOJ), as defined in 5 U.S.C. § 101 and 5 C.F.R. § 330.101(a).
  2. Career Transition Assistance Plan (CTAP). Provides eligible surplus and displaced DOJ employees selection priority for DOJ competitive service vacancies for which there are active recruitment actions.
  3. Interagency Career Transition Assistance Plan (ICTAP). Provides eligible displaced DOJ employees selection priority for competitive service vacancies at other Federal agencies and provides eligible displaced employees of other Federal agencies selection priority for DOJ competitive service vacancies for which there are active recruitment actions.
  4. Displaced Employee (under CTAP)5 C.F.R. § 330.602, see also Surplus Employee.
    1. A current career or career-conditional (Tenure Group I or II) competitive service DOJ 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 the 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 DOJ 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. Displaced Employee (under ICTAP), 5 C.F.R. § 330.702.
    1. A current or former career or career-conditional (Tenure Group I or II) competitive service employee at grade GS-15 (or equivalent) or below who received either 1) a RIF separation notice and did not decline an offer under RIF procedures for a position with the same type of work schedule and the representative rate at least as high as the position from which the employee will be separated, or 2) 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 3) 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 equivalent) or below, who has been provided by law with both noncompetitive conversion eligibility to, and selection priority for, a competitive service position and has either 1) 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 2) 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 C.F.R. 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 5 U.S.C. § 8451 and 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 5 U.S.C. § 8456 and who has certification of such annuity from the military department or National Guard Bureau.
  6. Local Commuting Area, 5 C.F.R. §§ 330.101 and 351.203. The geographic area that usually constitutes one area for employment purposes, including any population center (or two or more neighboring ones) and surrounding localities in which people live and can be reasonably expected to travel back and forth daily to their place of employment.
  7. Priority Reemployment List (PRL), 5 C.F.R. § 302.303. DOJ’s PRL for excepted service employees provides reemployment consideration and placement assistance to former DOJ 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 were found to have been unjustifiably dismissed from the agency but were not entitled to immediate restoration under the MSPB’s decision.
  8. Reemployment Priority List (RPL), 5 C.F.R. § 330.201. DOJ’s RPL for competitive service employees provides reemployment consideration and placement assistance to current and former DOJ competitive service employees who have or will be separated by RIF or have fully recovered from a compensable injury after one (1) year.
  9. Representative Rate. Generally, the fourth step of the grade under the General Schedule including the locality rate. For a complete definition, see 5 C.F.R. § 351.203.
  10. Surplus Employee (under CTAP), 5 C.F.R. § 330.602.
    1. A current career or career-conditional (Tenure Group I or II) DOJ employee serving under an appointment in the competitive service, at grade GS-15 (or equivalent) or below, who has received a Certificate of Expected Separation under RIF or other official certification issued by their component indicating that the employee’s position is surplus (e.g., a notice of position abolishment, or that the employee is eligible for discontinued service retirement); or
    2. A current DOJ excepted service employee serving on an appointment without time limit, at grade GS-15 (or equivalent) or below, who is covered by law providing both noncompetitive conversion eligibility to, and selection priority for, a competitive service position has received a Certificate of Expected Separation under RIF or other official certification issued by their component indicating that the employee’s position is surplus (e.g., a notice of position abolishment, or that the employee is eligible for discontinued service retirement).
  11. Well Qualified, 5 C.F.R. §§ 330.104330.605(a)330.606330.704.  A CTAP or ICTAP candidate who:
    1. Meets the eligibility requirements and qualification standards for the position, including the minimum educational and experience requirements; any medical qualification requirements, and suitability;
    2. Meets any selective placement factors described in the vacancy announcement;
    3. Is rated above minimally qualified, or when candidates are not rated or ranked, the candidate’s competencies (i.e., knowledge, skills, and abilities) meet the mid-level of the crediting plan for all factors or established cutoff scores);
    4. Is able to perform the essential duties of the position, with or without reasonable accommodation; and
    5. Is able to satisfactorily perform the duties of the position within a reasonable orientation period (e.g. 30 days).

40: Roles and Responsibilities

  1. Justice Management Division, Deputy Assistant Attorney General for Human Resources and Administration (JMD/HRA):
    1. Establishes Department-wide policy and guidance regarding priority placement and career transition assistance consistent with DOJ and OPM policy and guidance and all applicable federal laws and regulations.
    2. Establishes and maintains a Department-wide RPL and PRL on the DOJ website, justice.gov.
    3. Submits requests described in this Plan for OPM approval.
    4. Periodically conducts accountability reviews component career transition and DOJ PPP activities to ensure conformance with DOJ and OPM policy and guidance and all applicable federal laws and regulations.
  2. Heads of Components or their written 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 Plan and consultation with their servicing HR.
    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.
  3. Servicing HR Offices:
    1. Comply with this Plan, any DOJ and OPM policy and guidance, collective bargaining agreements, and all applicable federal laws and regulations.
    2. Include DOJ’s “Well-Qualified” definition in all vacancy announcements in accordance with 5 C.F.R. § 330.104.
    3. Provide career transition services to eligible employees in accordance with this Plan, including providing reasonable accommodation to employees with disabilities in consultation with the servicing Reasonable Accommodation Coordinator.
    4. Develop internal procedures to administer the DOJ PPP within their serviced component and to provide selection priority to employees and former employees.
    5. Coordinate priority placement program initiatives with other components and other Federal, state, and local employers.
    6. Notify applicable components with supporting documentation when a CTAP candidate is no longer eligible for further priority consideration. For example, if a CTAP candidate who is employed at Antitrust Division declines a Civil Division job offer, ATR will notify CIV.  The servicing HR will then notify the CTAP candidate that their CTAP eligibility has ended and the basis for it.

50: Career Transition Services

The following career transition services must be provided by components to their current employees affected by downsizing, reorganization, restructuring, or other similar events, as required by 5 C.F.R. §§ 330.603(c) and 330.608.

  1. Employee Information. Components 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 DOJ definition of “Well Qualified” within the following timeframes:
    1. RIF actions. Notify employees in writing at least 60 full calendar days before the effective date of the release unless OPM has approved an exception to a DOJ request for a shorter notice period consistent with 5 C.F.R. 351, Subpart H.
    2. Removal actions for declining a directed geographic reassignment. Components must consult their servicing labor/employee relations staff 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. See OPM.gov/Summary of Reassignment/Workforce Restructuring,.
  2. Orientation Session. Components are required to provide information to its employees on their eligibility for selection priority under DOJ’s Priority Placement Programs and career transition services available. The session may be in-person or web-based and include the following:
    1. Information on DOJ’s RPL or PRL, as applicable, including eligibility period; how to register; MSPB appeal rights, etc.;
    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;
    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. for the purposes of searching for other employment;
    5. Federal, State, or local resources available to support career transition, including for those with disabilities;
    6. Training or retraining opportunities via DOJ Learning Management System, Department of Labor via state employment offices, or other public and private sector opportunities;
    7. If the component notifies Federal agencies in the local commuting area or provides employment referrals, give employees the option to authorize the release of their resume or other relevant employment information to public and private sector employers, as required by 5 C.F.R. § 351.803;
    8. Information on how to apply for State unemployment insurance benefits;
    9. Estimate of severance pay (if eligible); and
    10. Inform employees of their responsibility to notify their servicing HR of changes in their contact information and when they have received a valid job offer.

60: Career Transition Assistance Plan (CTAP)

  1. Purpose. DOJ’s Career Transition Assistance Plan (CTAP) covers surplus and displaced DOJ employees per 5 C.F.R. Part 330, Subpart F. The program provides current DOJ employees with a way to transition into a vacant position within the Department if they will be separated, through no fault of their own, due to downsizing, reorganization, restructuring, or other similar events.
  2. Vacancy. When an component fills a permanent or time-limited competitive service position at GS-15 (or equivalent) or below lasting more than 120 days (including extensions), the Servicing HR must first give selection priority to CTAP candidates before selecting a candidate from within or outside of the Department, unless the action is one of the exceptions listed in 5 CFR § 330.609.
  3. CTAP Candidate:
    1. Meets the definition of ‘surplus’ or ‘displaced’ employee, as defined in 5 CFR § 330.602;
    2. Has a current performance rating of record of at least fully successful or equivalent;
    3. Applies for a vacancy at or below their current grade level and without greater promotion potential than the position from which they occupy or may be separated;
    4. Occupies a position in the same commuting area of the vacancy (see 5 C.F.R. § 330.607);
    5. Applies for a specific vacancy within the job opportunity announcement (JOA) open period, and provide proof of eligibility in 5 C.F.R. § 330.612and
    6. Meets the definition of “Well Qualified” for the specific vacancy.
  4. Period of Eligibility. The eligibility period begins on the date the DOJ employee receives the RIF notice or notice of proposed removal and meets the definition of a surplus or displaced employee. It ends on the date one of the following occurs (5 C.F.R. §§ 330.607(i) and 330.610):
    1. Employee separates from DOJ 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 DOJ permanent appointment at any grade or pay level;
    4. Employee is appointed to another DOJ 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 component’s servicing HR within seven (7) business days regarding an offer of a permanent appointment at any grade or pay level.
  5. Applying CTAP Selection Priority (5 C.F.R. §§ 330.604, 330.605, 330.607, and 330.608).
    1. Components must select an eligible CTAP candidate for a vacancy before selecting a candidate from within or outside of the Department, unless the action is one of the exceptions listed of this Plan.
    2. CTAP obligations must be cleared at the initial announcement. When using a Delegated Examining shared certificate from another agency (from outside DOJ), CTAP must be cleared before using the certificate in accordance with 5 C.F.R. §§ 332.408(a)(2) and (c)(3).
    3. Components must not make promotion and internal placement actions listed under 5 C.F.R. § 335.102 to place a permanent competitive service employee into a vacancy until a determination is made that no CTAP candidate is available.
    4. Components must not procure contract support or other temporary help defined under 5 C.F.R. Part 300, Subpart E to address the work requirements of a specific vacancy until a determination is made that no CTAP candidate is available for that vacancy.
    5. If a vacancy is advertised with a duty location as ‘Anywhere in the U.S.’ (or equivalent) or ‘Location is Negotiable After Selection, U.S.,’ selection priority must be given to all CTAP candidates, regardless of their official duty location.
    6. When two (2)  or more eligible employees apply for a vacancy and are determined to be well-qualified, the order of selection priority will be (a) eligible DOJ CTAP employees who are displaced or surplus because they have received a reduction in force notice of separation or notice of proposed removal for declining a transfer of function or directed reassignment outside of the local commuting area, or certificate of expected separation or other official certification issued by the DOJ indicating that the position is surplus, or a notice stating that the employee is eligible for discontinued service retirement, then; (b) eligible DOJ CTAP employees who are surplus or displaced because of a variation granted by OPM
    7. If the area of consideration is component wide, a well-qualified surplus/displaced employee in the component in the local commuting area must be selected over other eligible DOJ CTAP employees.
  6. If the area of consideration is outside DOJ, candidates from outside DOJ cannot be selected if eligible DOJ employees apply for the vacant position. If there are eligible candidates on the DOJ RPL, they must be selected before ICTAP candidates.
    1. Components may elect to provide CTAP selection priority to eligible candidates outside the local commuting area after fulfilling its requirement to provide CTAP selection priority to candidates in the local commuting area.
    2. After meeting its obligation to all CTAP eligible candidate(s) who applied to the announcement, the component may fill the vacant position with a competitive service candidate, following appropriate staffing procedures (5 C.F.R. § 330.607(g).
    3. Before filling a vacant competitive service position with an external candidate (outside of the Department’s permanent competitive service workforce), the component must additionally clear ICTAP and DOJ’s RPL (5 C.F.R. § 330.607(j)).
    4. 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”;  if another CTAP candidate was hired; if the vacancy was filled under one of the exceptions listed in 5 C.F.R. § 330.609  or if the recruitment was canceled. Additionally, if the candidate was determined not Well-Qualified, the Servicing HR must conduct a second-level review by another HR Specialist, document the job-related reasons for the determination, and notify such CTAP candidates of the results of the independent second-level review.

70: Interagency Career Transition Assistance Plan (ICTAP)

  1. Purpose. The Interagency Career Transition Assistance Plan (ICTAP) covers displaced federal employees per 5 C.F.R. Part 330. The program provides federal employees with a way to transition into a vacant competitive service position in another Executive agency if they have been separated, through no fault of their own, as a result of downsizing, reorganization, restructuring, or other similar events.
  2. Vacancy. When a component accepts applicants from outside the Department’s competitive service workforce to fill a permanent or time-limited competitive service position at GS-15 (or equivalent) or below lasting more than 120 days (including extensions), the component must give selection priority to ICTAP candidates who apply to the vacancy, unless the action is one of the exceptions in 5 C.F.R. § 330.707.
  3. ICTAP Eligible Candidate:
    1. Meets the definition of ‘displaced’ employee, as defined in 5 C.F.R. § 330.702;
    2. Has a current performance rating of record of at least fully successful or equivalent;
    3. Applies 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 from;
    4. Occupies a position in the same commuting area of the vacancy (see 5 C.F.R. § 330.609 for exception);
    5. Submits an application for a specific vacancy within the JOA open period, and provides proof of eligibility (i.e., one of the documents listed under the definition of displaced in 5 C.F.R. § 330.710); and
    6. Meets 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 C.F.R. Parts 432 and 752.
  4. 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 C.F.R. § 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 C.F.R. 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 C.F.R. 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.
  5. Applying ICTAP Selection Priority. In accordance with 5 C.F.R. §§ 330.703, 330.705, and 330.706:
    1. Components must select an eligible ICTAP candidate for a vacancy before selecting any other external candidate (from outside the Department’s permanent competitive service workforce), unless the personnel action is one of the exceptions listed in 5 C.F.R. § 330.707.
    2. ICTAP obligations must be cleared at the initial announcement.
    3. Components must not procure contract support or other temporary help defined under 5 C.F.R. Part 300, Subpart E to address the work requirements of a specific vacancy until a determination is made that no ICTAP candidate is available for that vacancy.
    4. When a vacancy is advertised with a duty location as ‘Anywhere in the U.S.’ (or equivalent) or ‘Location is Negotiable After Selection, U.S.,’ selection priority must be given to all ICTAP candidates, regardless of their official duty location.
    5. When two (2) or more ICTAP eligible candidates apply for a vacancy, HR Centers may appoint any ICTAP eligible candidate.
    6. After the component meets its obligations to any CTAP or ICTAP candidate(s) who applied to the external announcement and qualified RPL registrant(s) on the DOJ RPL, the component may fill the vacant position with any other external candidate who applied to the vacancy, following appropriate staffing procedures.
    7. 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”; if another ICTAP candidate was hired; if the vacancy was filled under one of the exceptions listed in 5 C.F.R. § 330.707 or if the recruitment was canceled. Additionally, if the candidate was determined not Well Qualified, the Servicing HR 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.

80: Advertising Vacant Positions to Clear CTAP or ICTAP

  1. All vacancies for which the Department is seeking applications from outside its current permanent competitive service workforce are posted on USAJOBS, in accordance with 5 U.S.C. § 3327 and 5 C.F.R. Part 330, Subpart A, unless the position is filled via an exception listed 5 C.F.R. § 330.609 or 5 C.F.R. § 330.707.
  2. A vacant position is a permanent or time-limited competitive service position at GS-15 or below (or equivalent) to be filled for more than 120 days, including all extensions.
  3. DOJ CTAP candidates must have access to information on all DOJ vacant positions in their local commuting area, regardless of whether a vacancy announcement is posted on USAJOBS, in accordance with 5 C.F.R. §§ 330.602 and 608(c).
  4. Competitive service JOAs must contain (5 C.F.R. §§ 330.103 and 104(a)(14)-(15)):
    1. The DOJ definition of ‘Well Qualified’ in this Plan; and
    2. Information about how CTAP/ICTAP candidates may apply, including required proof of CTAP/ICTAP eligibility:
      1. CTAP/ICTAP candidates must provide one of the following documents with their application: 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; 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 or 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; and
      2. A copy of your most recent SF-50 "Notification of Personnel Action'', showing position title, series, grade level, and duty location.
  5. CTAP and ICTAP obligations must be cleared at the initial announcement. When using a Delegated Examining shared certificate from another agency (from outside DOJ), CTAP must be cleared before using the certificate in accordance with 5 C.F.R. §§ 332.408(a)(2) and (c)(3).
  6. Components must ensure that documentation is maintained in recruitment case files showing that the component has met its CTAP/ICTAP selection priority requirements sufficient for third-party reconstruction.

90: RPL and PRL List Management

  1. The RPL and PRL regulations require Executive agencies to establish an agency Reemployment Priority List (RPL – competitive service) and Priority Reemployment List (PRL – excepted service). RPL and PRL eligibles register to receive priority consideration for vacancies (5 C.F.R. §§ 302.303 and 330.204). Components must clear the RPL or PRL prior to filling a vacancy.
  2. DOJ RPL and PRL and are available at https://www.justice.gov/jmd/hr-order-doj/rpl.
  3. A DOJ-wide RPL will be established by JMD for each commuting area in which Components have RPL-eligible competitive service employees. All Components within the same commuting area use a single RPL and are responsible for clearing the DOJ RPL when filling competitive service positions.
  4. A DOJ-wide PRL will be established by JMD for each commuting area and excepted service authority in which Components have PRL-eligible excepted service employees. All Components within the same commuting area use a single PRL for each excepted service authority and are responsible for clearing the DOJ PRL when filling excepted service positions.
  5. Each component servicing HR is responsible for administering the day-to-day aspects of the PPP lists for their serviced component, including:
    1. Tracking employees eligible for RPL or PRL priority selection for their component to ensure their employees receive the career transition services described in 5 C.F.R. §§ 330.603(c) and 330.608.
    2. Notifying JMD/HR at STMEinbox@usdoj.gov when a new list(s) needs to be established based on employee eligibility within their serviced division.
    3. Entering RPL and PRL registrants on lists no later than ten (10) calendar days after receiving information or application that the employee was or will be separated by the local commuting area. (All components within the same local commuting area use a single RPL and/or PRL.)
    4. PRL registrants are entered on the 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 one (1) PRL within a local commuting area if DOJ excepted employees serving on different excepted authorities are eligible for reemployment consideration).
    5. Entering the employee’s eligibility period, i.e., qualifying event date and expiration date.
    6. Entering the conditions under which the DOJ employee will accept reemployment, i.e., occupation(s), series, lower grade levels, a permanent or time-limited appointment, and minimum hours of work per week if currently on a less than full-time work schedule.
    7. Making any necessary changes, such as an updated resume, conditions, contact information, etc., provided by the employee within ten (10) calendar days of receipt. Updated qualifications or conditions for accepting positions apply to vacancies after the component servicing HR updates the RPL/PRL candidate’s information (i.e., ten (10) calendar days after receipt).
    8. Clearing the DOJ RPL and PRL, as applicable, when filling vacancies.
    9. Removing their component’s RPL and PRL registrants from the list(s) when the registrants’ eligibility expires.
    10. Ensuring documentation is maintained in recruitment case files showing the component has met its RPL or PRL selection priority requirements sufficient for third-party reconstruction.

100: Reemployment Priority List (RPL)

  1. Purpose. DOJ’s Reemployment Priority List (RPL) covers competitive service employees, in accordance with 5 C.F.R. Part 330, Subpart B, and this Plan. The RPL provides selection priority to current and former DOJ 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. 

    An DOJ-wide RPL is established for each commuting area in which components have RPL eligibles. Components within the same commuting area use a single RPL and must give selection priority to qualified RPL eligibles for permanent or time-limited competitive service positions before hiring outside DOJ’ permanent competitive service workforce, unless the action is one of the exceptions listed in 5 C.F.R. § 330.211.
  2. RPL Eligible. In accordance with 5 C.F.R. §§ 330.201, 203, and 353, the individual must be:
    1. A current or former DOJ competitive service employee in Tenure Group I or II either with a RIF separation notice or a Certificate of Expected Separation under RIF, or separated by RIF, 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 C.F.R. 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.
    2. A former DOJ competitive service employee fully recovered from a compensable injury (described under 5 C.F.R. Part 353) more than one (1) year after compensation began; and
      1. Is serving in or separated from an appointment in the competitive service in Tenure Group I or II;
      2. Either was separated because of a compensable injury or disability, or accepted a position at a lower grade or pay level in lieu of separation; and
      3. Received notification from the Department of Labor that injury compensation benefits have ended or will end.
  3. Registration.
    1. Timeframe. RPL eligibles must register with their servicing HR within the following timeframes, in accordance with 5 C.F.R. § 330.206:
      1. On or before the RIF separation date, or
      2. Within 30 days after the date compensation benefits stop; or the date Department of Labor denies an appeal for continuation of injury compensation benefits.
    2. Positions. In accordance with 5 C.F.R. §§ 330.204(d), 330.205, 330.207 and 330.212:
      1. RPL eligibles 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.
      2. RPL eligibles may 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. Type of appointment, i.e., permanent and/or time-limited; and
        4. Minimum hours of work per week, if currently on a less than full-time work schedule.
      3. RPL eligibles who have fully recovered from a compensable injury after one (1) year may register for positions in another commuting area, upon request, if there is an existing RPL for the requested area. The servicing HR must confirm that the requested commuting area is available prior to permitting this option. Requests to register for positions DOJ-wide are not permitted.
      4. 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.
      5. If an RPL eligible was/will be, separated from an overseas position appointed via 5 C.F.R. Part 301, registration is limited to the local commuting area where the employee was/will be separated, unless the component approves a written request from the RPL eligible to register for another area within the U.S. that is mutually acceptable to both the employee and the component.
    3. Application Guidance. Servicing HRs must be available to provide guidance to RPL eligibles on how to register and help identify the positions for which they are eligible and qualified.
    4. Registration Form. Servicing HRs 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. Plans on how to register must be provided to RPL eligibles.
  4. RPL Eligibility Period. In accordance with 5 C.F.R. §§ 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/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;
        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 DOJ 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 HR to remove their name from the RPL;
        5. Is placed in a position without time limit at any grade or pay level within DOJ; 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:
        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;
          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.
      3. Required Evidence for RPL Removal (5 C.F.R. § 330.204(f)): Evidence must be maintained by the servicing HR for any reason for removal. To remove an individual 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.
    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 DOJ or the RPL eligible when an RPL eligible does not receive a full 2 years of placement priority due to administrative or procedural error. Extension requests must describe the error. Components who receive such a request from an employee should forward it to STMEinbox@usdoj.gov for transmittal to OPM for approval. OPM’s decision is not subject to appeal (5 C.F.R. § 330.208(b)).
  5. Applying RPL Selection Priority (5 C.F.R. §§ 330.202, 330.210, and 330.213).
    1. The DOJ RPL must be cleared: 1) prior to effecting an appointment to a permanent or time- limited competitive service vacancy, including via a noncompetitive appointment authority such as those listed under 5 C.F.R. Part 315 or 2) when requesting a certificate from a competitive inventory or standing register (5 C.F.R. § 330.210 (b) and (c)). When using a Delegated Examining shared certificate from another agency (from outside DOJ), the RPL must be cleared before using the certificate in accordance with 5 C.F.R. § 332.408(a)(2) and (c)(3).
    2. A vacancy includes new appointments, reinstatements, reemployment, and transfers as defined in 5 C.F.R. § 210.102; conversions as defined in OPM’s Guide to Processing Personnel Actions; and appointments under a noncompetitive appointing authority (5 C.F.R. §§ 330.202, 330.204(e), and 330.210).
    3. Unless the action is one of the exceptions listed in 5 C.F.R. § 330.211, components must select a qualified RPL eligible for a permanent or time limited competitive service vacancy before hiring outside the Department’s permanent competitive service workforce when:
      1. There are RPL eligibles registered for the position at the grade or pay level and commuting area of the vacant position. (If the position is available at multiple grade levels, RPL applies at the grade or pay level in which the position is filled.)
      2. When the position has been advertised with a duty location as ‘Anywhere in the U.S. (or equivalent) or ‘Location is Negotiable After Selection, U.S.,’ components must give selection priority to all qualified RPL eligibles registered for the position at the grade or pay level, regardless of the registrants’ local commuting area.
    4. When making selections from DOJ RPL, components evaluate RPL eligibles separately from other candidates
  6. Components must retain sufficient documentation to demonstrate RPL clearance for each competitive service vacancy.
  7. RPL registrants have appeal rights to the MSPB if they believe their reemployment rights were violated, in accordance with 5 C.F.R. § 330.214.

110: Priority Reemployment List (PRL)

  1. Purpose. DOJ’s Priority Reemployment List covers former excepted service employees, in accordance with 5 C.F.R. §§ 302.303 and 302.304(a) and this Plan. The PRL provides selection priority to former DOJ 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. [Endnote 1]

    An DOJ-wide PRL is established for each commuting area and excepted service authority in which Components have PRL eligibles. Components within the same commuting area use a single PRL and must give selection priority to qualified PRL eligibles for excepted service positions before referring other excepted service candidates for consideration (5 C.F.R. § 302.304(a)), unless the action is one of the exceptions listed in 5 CFR Part 302.
  2. PRL Eligible. In accordance with 5 C.F.R. §§ 302.303 and 353.301(b):
    1. Former DOJ 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;
    2. Former DOJ excepted service employees who are preference eligible, and who, as the result of an appeal under 5 C.F.R. Part 752, are found by the MSPB to have been unjustifiably dismissed from DOJ but are not entitled to immediate restoration by the MSPB decision; and
    3. Former DOJ excepted service employees fully recovered from a compensable injury (described under 5 C.F.R. § 353.301(b)) more than 1 year after the date compensation began.
  3. Registration.
    1. Timeframe. PRL eligibles must register within the following timeframes:
      1. On or before the separation date;
      2. Within 30 days after a MSPB decision, unless the MSPB decision specifies a different registration timeframe; or
      3. Within 30 days after the date compensation benefits stop; or the date the Department of Labor denies an appeal for continuation of injury compensation benefits in accordance with 5 C.F.R. § 353.301(b).
    2. Positions.
      1. PRL eligibles 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 C.F.R. § 302.303(b)(2-3)):
        1. Former employees who were furloughed or separated due to a compensable injury and who are not entitled to immediate restoration may also register for location(s) where vacancies are available if a vacancy is unlikely to occur where the former employee last served during his/her period of reemployment priority.
        2. Former employees whom the MSPB finds to have been unjustifiably dismissed are considered/registered outside the commuting area from which they were separated if the MSBP decision specifies a broader or different geographic location.
      2. PRL eligibles may specify conditions they will accept, including:
        1. Additional occupation(s) and series;
        2. Grade(s) lower than the position from which the registrant was/will be separated;
        3. Type of appointment, i.e., permanent and/or time limited; and
        4. Minimum hours of work per week, if currently on a less than full-time work schedule.
      3. If a PRL eligible agrees 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.
    3. Application Guidance. Component serving HRs must be available to provide guidance to PRL eligibles on how to register and help identify the positions for which they are eligible and qualified.
    4. Registration Form. Component serving HRs may develop a form for employees to use, requesting employees to include the position information on their resumes.       The registration form is located on the DOJ RPL and PRL Department-wide website, justice.gov.
  4. PRL Eligibility Period. In accordance with 5 C.F.R. § 302.303, eligibility expires:
    1. Two (2) years from either the date of separation, MSPB decision, 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 servicing HR 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. Before referring the names of other qualified excepted service candidates for a permanent or time-limited excepted service vacancy, components must consider all qualified registrants on the DOJ’s PRL for the commuting area and excepted service authority of the position to be filled unless the personnel action is one of the exceptions listed in 5 C.F.R. §§ 302.303(d) and 302.304(a).
    2. When candidates will be considered for a vacant position from anywhere in the U.S. (or equivalent) or the duty location is negotiable after selection, components must give selection priority to all qualified PRL eligibles registered for the position at the grade or pay level, regardless of the registrants’ local commuting area, before referring the names of other qualified excepted service candidates.
    3. If the position is available at multiple grade levels, PRL applies at the grade or pay level in which the position is filled.
    4. Components follow the assessment and selection procedures described in 5 CFR §§302.303(d) and 302.304(a) to evaluate PRL eligibles separately from other candidates.
    5. Components may appoint a candidate who is not 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 servicing HR 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 C.F.R. § 302.304(a)). Documentation must be maintained in the recruitment case file.
    6. Once a component fulfills these PRL requirements, other excepted service candidates may be considered for the position following the assessment and selection procedures.
    7. Component servicing HRs must retain sufficient documentation to demonstrate PRL clearance for each excepted service vacancy.
    8. 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 C.F.R. §§ 302.304(a) and 302.501).

120: Documentation and Accountability

  1. Records associated with meeting CTAP, ICTAP, RPL, and PRL selection priority requirements, including documentation sufficient for third-party review, must be retained in recruitment case files according to National Archives and Records Administration (NARA) general records schedule, opens in a new tab:
    1. Merit Promotion case files, destroy 2 years after selection certificate is closed or final settlement of any associated litigation; whichever is later;
    2. Delegated Examining case files, destroy 3 years after selection certificate is closed or final settlement of any associated litigation; whichever is later; and
    3. Excepted Service case files, destroy 2 years after candidate enters on duty, is no longer under consideration, or declines offer.
  2. Records involved in litigation and grievance processes may be destroyed only after official notification from OPM, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, resolved, and closed.
  3. JMD may conduct periodic accountability reviews to analyze compliance with this Plan, DOJ and OPM policy and guidance, and all applicable federal laws and regulations.

Appendix A: Exceptions to CTAP Selection (5 C.F.R. § 330.609)

  1. Reemploy an DOJ employee who has statutory or regulatory right to reemployment, such as an employee entitled to reemployment under 5 C.F.R. Part 352, or who is exercising restoration rights under 5 C.F.R. Part 353 after military service or recovery from compensable injury or disability within one (1) year;
  2. Detail an DOJ employee within the agency;
  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 C.F.R. Parts 432 or 752);
  9. Convert an employee currently serving under an appointing authority that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment, including;
    1. A Veterans Recruitment Appointment (VRA) under 5 C.F.R. Part 307;
    2. A 30% or More Disabled Veteran appointment under 5 C.F.R. Part 316;
    3. An excepted service appointment under 5 C.F.R. Part 213 that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment; or
    4. A post-secondary student appointment under 5 U.S.C. § 3116 and 5 C.F.R. Part 316, Subpart I.
  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 personnel action under, or specifically in lieu of, 5 C.F.R. Part 351;
  12. Assignments or exchanges under a statutory program such as the 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 action resulting from the 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 C.F.R. § 315.907 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 C.F.R. Part 316) and convert that individual to career or career-conditional appointment, when applicable via 5 C.F.R. Part 315;
  23. Retain an employee covered by an OPM-approved variation (5 C.F.R. § 5.1);
  24. Reemploy a former DOJ 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 DOJ rotational program;
  30. Transfer or a position change of an employee under a supervisory, management, or executive development program (5 C.F.R. Part 412);
  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;
  32. Make an appointment using the college graduate hiring authority under 5 U.S.C. § 3115 and 5 C.F.R. § 315.614; or
  33. Make an appointment using the post-secondary student hiring authority under 5 U.S.C. § 3116 and 5 C.F.R. 316, Subpart I.

Appendix B: Exceptions to ICTAP Selection (5 C.F.R. § 330.707)

  1. Place a current, or reinstate a former DOJ 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. a DOJ employee who has statutory or regulatory statutory right to reemployment, such as an employee entitled to reemployment under 5 C.F.R. Part 352, or is exercising restoration rights under 5 C.F.R. Part 353 after military service or recovery from compensable injury or disability within one (1) year;
  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 appointing authority that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment, including from:
    1. A Veterans Recruitment Appointment (VRA) under 5 C.F.R. Part 307;
    2. A 30% or More Disabled Veteran appointment under 5 C.F.R. Part 316;
    3. An excepted service appointment under 5 C.F.R. Part 213 that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment; or
    4. A post-secondary student appointment under 5 U.S.C. § 3116 and 5 C.F.R. Part 316, Subpart I.
  8. Transfer an employee between federal agencies under appropriate authority during an interagency reorganization, interagency transfer of function, or interagency mass transfer;
  9. A personnel action under, or specifically in lieu of, 5 C.F.R. Part 351;
  10. Assignments or exchanges under a statutory program, such as the 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 DOJ 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 C.F.R. Part 316) and convert that individual to career or career-conditional appointment, when applicable via 5 C.F.R. Part 315;
  15. Retain an employee covered by an OPM-approved variation (5 C.F.R. § 5.1);
  16. Reemploy a former DOJ 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 Plan;
  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;
  22. Transfer or a position change of an employee under a supervisory, management, or executive development program (5 C.F.R. Part 412);
  23. Make an appointment using the college graduate hiring authority under 5 U.S.C. § 3115 and 5 C.F.R. § 315.614; or
  24. Make an appointment using the post-secondary student hiring authority under 5 U.S.C. § 3116 and 5 C.F.R. 316, Subpart I.

Appendix C: Exceptions to RPL Selection (5 C.F.R. § 330.211)

  1. Fill a vacancy with an employee of DOJ’s 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. Reemploy an DOJ employee who has a statutory or regulatory right to reemployment, such an employee entitled to reemployment under 5 C.F.R. Part 352, or after military service or recovery from compensable injury or disability within one year under 5 C.F.R. Part 353;
  4. Fill a specific position when all RPL eligibles decline an offer of the position or fail to respond to a written component inquiry about their availability;
  5. Convert an employee serving under an appointing authority that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment, including from:
    1. A Veterans Recruitment Appointment under 5 C.F.R. Part 307 of this chapter;
    2. An appointment under 5 C.F.R. Part 316 of a veteran with a compensable service-connected disability of 30 percent or more; and
    3. An excepted service appointment under 5 C.F.R. Part 213 that specifically authorizes noncompetitive conversion eligibility to a competitive service appointment.
  6. 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 one year or less);
  7. Extend an employee's temporary or term appointment up to the maximum permitted by the appointment authority or as authorized by OPM; or
  8. Appoint an individual under an excepted service appointing authority.

Appendix D: Exceptions to PRL Selection (5 C.F.R. Part 302)

  1. Fill a vacancy with an employee of DOJ’s current permanent excepted service workforce through detail;
  2. Appoint a 10-point preference eligible through an appropriate appointing authority;
  3. Reemploy an DOJ employee who has a statutory or regulatory right to reemployment, such as an employee entitled to reemployment under 5 C.F.R. Part 352, or after military service or recovery from compensable injury or disability within one year under 5 C.F.R. Part 353;
  4. Fill a specific position when all PRL eligibles decline an offer of the position or fail to respond to a written component inquiry about their availability;
  5. Reappoint a current or former non-temporary employee who is a preference eligible, in accordance with 5 C.F.R. § 302.402; or
  6. Extend an employee's temporary appointment up to the maximum permitted by the excepted appointment authority and 5 C.F.R. § 213.104 or as authorized by OPM.


 


Endnotes

[Endnote 1] Pursuant to delegated authority under 28 C.F.R. §§ 0.15(b) and 0.19(a)-(b), the Office of Attorney Recruitment and Management (OARM) retains appointment authority for all attorneys.  Components who select attorneys, whether through CTAP, ICTAP, or the PRL, must comply with all OARM policies and procedures before a final job offer may be issued.

 

Updated September 16, 2025