[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Rules and Regulations]
[Page 6639-6640]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-1]
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Rules and Regulations
Federal Register
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[[Page 6639]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 330
RIN 3206-AI28
Federal Employment Priority Consideration Program for Displaced
Employees of the District of Columbia Department of Corrections
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to implement provisions of law affecting the priority
consideration program for certain displaced employees of the District
of Columbia Department of Corrections seeking Federal positions. These
regulations respond to comments received on the interim regulations OPM
published on January 22, 2001.
DATE: This final regulation is effective on March 15, 2002.
FOR FURTHER INFORMATION CONTACT: Jacqueline Yeatman on (202) 606-0960,
FAX (202) 606-2329, TDD (202) 606-0023 or by email at jryeatma@opm.gov.
SUPPLEMENTARY INFORMATION:
Background
The National Capital Revitalization and Self-Government Improvement
Act (part of the Balanced Budget Act of 1997, Sec. 11201, Pub. L. 105-
33, 111 Stat. 738, enacted August 5, 1997) mandated that the Lorton
Correctional Complex be closed by December 31, 2001. Section 11203 of
this law gave priority consideration to employees of the District of
Columbia (DC) Department of Corrections (DOC) displaced by this
closure. The District of Columbia Courts and Justice Technical
Corrections Act of 1998 (Pub. L. 105-274) modified some of the
provisions of this priority consideration.
On August 4, 1998, and January 22, 2001, OPM issued interim
regulations with request for comment to implement the Priority
Consideration Program covering most vacancies in Federal agencies.
Comments Received on Interim Regulations
After OPM published interim regulations on January 22, 2001, we
received comments from one Federal agency. This agency asked OPM to add
the definition of ``agency'' in 5 CFR 330.604(a) to these regulations.
Although this program includes a definition for ``vacancy'' providing
essentially the same program limitations (covering only competitive
service positions), we are adding the definition of ``agency'' as an
additional reference aid.
The agency also suggested that OPM modify 5 CFR 330.1104(c)(b)(i)
and (ii) to clarify that a DC DOC employee will lose eligibility under
this program if they decline an offer, or fail to respond to an inquiry
of availability, for a permanent job at any grade level. We agree that
this suggestion will provide additional clarity and have modified
Sec. 330.1104(c)(6)(i) and (ii) accordingly.
The commenting agency asked OPM to define ``reasonable period of
time'' for the purposes of 5 CFR 330.1104(c)(6)(ii). There are many
factors that may determine a reasonable time frame for a candidate's
response, including their location and the communication method being
used. We prefer to allow each agency flexibility to consider the
specifics of each situation and decide what is reasonable.
The agency was also concerned that it will be difficult for large
agencies to keep track of priority eligibles who decline a job offer by
an agency component. They suggested that OPM either: (1) Develop a form
for DC DOC priority eligibles to complete and submit with each
application specifically asking prior Federal job offers; or (2) adopt
regulatory language specifying the policies, procedures and/or forms
agencies may develop and use for this purpose. We believe imposing
additional requirements or paperwork on either applicants or agencies
would be unnecessarily burdensome since this does not appear to be a
widespread problem. Agencies are free to develop internal procedures to
track priority eligibles who decline agency offers, if they wish to do
so.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains
only to Federal agencies.
List of Subjects in 5 CFR Part 330
Armed forces reserves, Government employees.
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, the interim rule amending 5 CFR part 330 which was
published at 66 FR 6427 on January 22, 2001, is adopted as a final rule
with the following changes:
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
1. The authority citation for part 330 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 19 FR 7521, 3
CFR, 1954-58, Comp., p. 218; Sec. 330.102 also issued under 5 U.S.C.
3327; subpart B also issued under 5 U.S.C. 3315 and 8151;
Sec. 330.401 also issued under 5 U.S.C. 3310; subpart G also issued
under 5 U.S.C. 8337(h) and 8456(b); subpart K also issued under sec.
11203 of Pub. L. 105-33 (111 Stat. 738) and Pub. L. 105-274 (112
Stat. 2424); subpart L also issued under sec. 1232 of Pub. L. 96-70,
93 Stat. 452.
2, In Sec. 330.1103, paragraph (b) is redesignated as (e),
paragraph (a) is redesignated as (b), and a new paragraph (a) is added
to read, as follows:
Sec. 330.1103 Definitions.
(a) Agency means an Executive Department, a Government corporation,
and an independent establishment as cited in 5 U.S.C. 105. For the
purposes of this program, the term ``agency'' includes all components
of an organization, including its Office of Inspector General.
* * * * *
3. In Sec. 330.1104, paragraphs (c)(6)(i) and (ii) are revised to
read as follows:
[[Page 6640]]
Sec. 330.1104 Eligibility.
* * * * *
(c) * * *
(6) * * *
(i) Declines a permanent appointment, at any grade level, offered
by the agency (whether competitive or excepted) when the employee
applied and was found qualified; or
(ii) Fails to respond within a reasonable period of time to an
offer or official inquiry of availability from the agency for a
permanent appointment, at any grade level, offered by the agency
(whether competitive or excepted) when the employee applied and was
found qualified.
[FR Doc. 02-3409 Filed 2-12-02; 8:45 am]
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