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715

720

723

CHAPTER 1-OFFICE OF PERSONNEL

MANAGEMENT (Continued)

SUBCHAPTER B-CIVIL SERVICE REGULATIONS Continued

Nondisciplinary separations, demotions, and fur-
loughs

Affirmative Employment Programs

Enforcement of nondiscrimination on the basis of
handicap in programs or activities conducted by
the Office of Personnel Management

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Federal employees' health and counseling pro

grams

Retirement

Reemployment of annuitants

Court orders affecting retirement benefits

Federal Employees Retirement System-General

Federal Employees Retirement System-basic an-
nuity

benefits and employee refunds

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Employees Retirement System-death

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Part 846

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870

880

890

891

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911

Federal Employees Retirement System-elections
of coverage

Elections of retirement coverage by current and
former employees of nonappropriated fund in-

strumentalities

Federal employees' group life insurance program
Retirement and insurance benefits during periods
of unexplained absence

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Federal Employees Health Benefits Program
Retired Federal employees health benefits
Intergovernmental Personnel Act programs
Procedures for States and localities to request in-
demnification ......

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333

347

383

386

450

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476

930

Programs for specific positions and examinations
(miscellaneous)

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950

Solicitation of Federal civilian and uniformed
service personnel for contributions to private
voluntary organizations .....

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Governmentwide debarment and suspension (non-
procurement) ......

General and miscellaneous

SUBCHAPTER C-REGULATIONS GOVERNING EMPLOYEES OF THE

OFFICE OF PERSONNEL MANAGEMENT

Employee responsibilities and conduct

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527

530

PART 715-NONDISCIPLINARY SEP- verse action proceedings is not a valid ARATIONS, DEMOTIONS, AND

FURLOUGHS

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§715.202 Resignation.

(a) General. An employee is free to resign at any time, to set the effective date of his resignation, and to have his reasons for resigning entered in his official records.

(b) Withdrawal of resignation. An agency may permit an employee to withdraw his resignation at any time before it has become effective. An agency may decline a request to withdraw a resignation before its effective date only when the agency has a valid reason and explains that reason to the employee. A valid reason includes, but is not limited to, administrative disruption or the hiring or commitment to hire a replacement. Avoidance of ad

reason.

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720.305 Agency accomplishment reports. 720.306 Responsibilities of the Office of Personnel Management.

720.307 Interagency report clearance.

Subparts D-I-[Reserved]

Subpart J-Equal Opportunity Without Regard to Politics or Marital Status 720.901 Equal opportunity without regard to politics or marital status.

APPENDIX TO PART 720-GUIDELINES FOR THE

DEVELOPMENT OF A FEDERAL RECRUIT-
MENT PROGRAM TO IMPLEMENT 5 U.S.C.
SECTION 7201, AS AMENDED

AUTHORITY: 5 U.S.C. 7201; 42 U.S.C. 2000e, unless otherwise noted.

SOURCE: 44 FR 22031, Apr. 13, 1979, unless otherwise noted.

Subpart A-Principal Statutory
Requirements

§720.101 Federal Equal Opportunity Recruitment Program.

This section incorporates the statutory requirements for establishing and conducting an equal opportunity recruitment program consistent with law within the Federal civil service. The policy in 5 U.S.C. 7201(b) reads as follows: "It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy." 5 U.S.C. 7201(c) requires under regulations prescribed by the Office of Personnel Management:

"(1) That each Executive agency conduct a continuing program for the recruitment of members of minorities for positions in the agency to carry out the (anti-discrimination] policy set forth in subsection (b) in a manner designed to eliminate underrepresentation of minorities in the various categories of civil service employment within the Federal service, with special efforts directed at recruiting in minority communities, in educational institutions, and from other sources from which minorities can be recruited; and

"(2) That the Office conduct a continuing program of

"(A) Assistance to agencies in carrying out programs under paragraph (1) of this subsection; and

"(B) Evaluation and oversight of such recruitment programs to determine their effectiveness in eliminating such minority underrepresentation."

This section and all implementing guidance shall be interpreted consistent with title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000c et seq.

[44 FR 22031, Apr. 13, 1979, as amended at 48 FR 193, Jan. 4, 1983]

Subpart B-Federal Equal Opportunity Recruitment Program

§ 720.201 Regulatory requirements.

This subpart contains the regulations of the Office of Personnel Management which implement the above provisions of title 5, United States Code, and are

prescribed by the Office under authority of 5 U.S.C. 7201.

$720.202 Definitions.

For the purposes of this subpart:

(a) Underrepresentation means a situation in which the number of women or members of a minority group within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage women or the minority constitutes within the civilian labor force of the United States, in accordance with §720.205 (c) and (d).

(b) Category of civil service employment means such groupings of Federal jobs by grades and/or occupations as the Office of Personnel Management deems appropriate within the General Schedule and the prevailing wage systems.

(c) Minority refers only to those groups classified as "minority" for the purpose of data collection by the Office of Personnel Management and the Equal Employment Opportunity Commission in furtherance of Federal equal employment opportunity policies. The term, "women, includes nonminority as well as minority women.

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(d) Civilian labor force (CLF) includes all persons 16 years of age and over, except those in the armed forces, who are employed or who are unemployed and seeking work. CLF data are defined by the Bureau of the Census and the Bureau of Labor Statistics and are reported in the most recent decennial or mid-decade census, or current population survey, under title 13 of the United States Code or any other reliable statistical study.

(e) Recruitment means the total process by which the Federal Government and the Federal agencies locate, identify and assist in the employment of qualified applicants from underrepresented groups for job openings in categories of employment where underrepresentation has been determined. It includes both innovative internal and external recruitment actions. It is also intended to cover processes designed to prepare qualifiable applicants (those who have the potential but do not presently meet valid qualification requirements) for such job openings through

programs of training, work experience or both.

(f) Applicant pool means all types of listings from which selections may be made, including (but not limited to) promotion lists, competitive certificates and inventories of eligibles, applicant supply files, and lists of eligibles for certain noncompetitive appointments.

$720.203 Responsibilities of the Office of Personnel Management.

(a) The Office of Personnel Management will provide appropriate data to assist Federal agencies in making determinations of underrepresentation. The process for making such determinations is described in sections II and III (c) of the "Guidelines for the Development of a Federal Recruitment Program to Implement 5 U.S.C. 7201, as amended" (See appendix to this part). The Office will develop and publish more specific criteria for statistical measurements to be used by individual agencies, and will develop further guid

ance on

(1) Agency employment statistics and civilian labor force statistics to be used in making determinations of underrepresentation, on a national, regional or other geographic basis as appropriate;

(2) Groupings of grades and/or other occupational categories to be used in implementing agency programs;

(3) Occupational categories and job series for which expanded external recruitment efforts are most appropriate, and those for which expanded and innovative internal recruitment is appropriate; and

(4) Other factors which may be considered by the agency, in consultation with Office of Personnel Management, to make determinations of underrepresentation and to develop recruitment programs focused on specific occupational categories.

(b) The Office will assist agencies in carrying out their programs by

(1) Identifying major recruitment sources of women and members of minority groups and providing guidance on internal and external recruitment activities directed toward the solution of specific underrepresentation problem;

(2) Supplementing agency recruitment efforts, utilizing existing networks for dissemination of job information, and involving the participation of minority group and women's organizations where practicable;

(3) Examining existing Federal personnel procedures to identify those which (i) may serve as impediments to innovative internal and external recruitment and (ii) are within the administrative control of the Office or the Federal agencies;

(4) Determining whether applicant pools used in filling jobs in a category of employment where underrepresentation exists include sufficient candidates from any underrepresentated groups, except where the agency controls such pools (see § 720.204(c));

(5) Providing such other support, as the Office deems appropriate.

(c) The Office will monitor and, in conjunction with the personnel management evaluation program of the Office, evaluate agency programs to determine their effectiveness in eliminating underrrepresentation.

(d) The Office will work with agencies to develop effective mechanisms for providing information on Federal job opportunities targeted to reach candidates from underrepresented

groups.

(e) The Office will conduct a continuing program of guidance and instruction to supplement these regulations.

(f) The Office will coordinate further activities to implement equal opportunity recruitment programs under this subpart with the Equal Employment Opportunity Commission consistent with law, Executive Order 12067, and Reorganization Plan No. 1 of 1978. $720.204 Agency programs.

(a) Each Executive agency having positions in the pay systems covered by this program must conduct a continuing program for the recruitment of minorities and women for positions in the agency and its components to carry out the policy of the United States to insure equal employment opportunities without discrimination because of race, color, religion, sex or national origin. The head of each agency must specifically assign responsibility for program

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