[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Proposed Rules]
[Page 17610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-15]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 17610]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 337
RIN 3206-AK35
Examining System
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
regulation to designate two sections of the Alternative Ranking and
Selection Procedures from the Chief Human Capital Officers Act of 2002
(Title XIII of the Homeland Security Act) as veterans' preference
requirements for purposes of a prohibited personnel practice violation,
thereby aligning these sections with other statutory provisions
covering veterans' preference.
DATES: Comments will be considered if received by May 9, 2005.
ADDRESSES: Send, deliver or fax comments to Mark Doboga, Deputy
Associate Director for Talent and Capacity Policy, U.S. Office of
Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC
20415-9700; e-mail at employ@opm.gov; or fax at (202) 606-2329.
Comments may also be sent through the Federal eRulemaking Portal
at: http://www.regulations.gov. All submissions received through the
Portal must include the agency name and docket number or Regulation
Identifier Number (RIN) for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Watson by telephone at (202)
606-0830; by fax at (202) 606-2329; by TTY at (202) 418-3134; or by e-
mail at linda.watson@opm.gov.
SUPPLEMENTARY INFORMATION: On June 15, 2004, OPM published final
regulations at 69 FR 33271, to implement provisions of the Chief Human
Capital Officers Act of 2002 (Act), Public Law 107-296. This Act
provides Federal agencies with a number of human resources
flexibilities to enhance their recruitment and hiring programs. These
flexibilities include the alternative (category) rating and selection
procedures.
The alternative ranking and selection procedures were codified in
section 3319 of title 5, United States Code (U.S.C.). This section
provides agencies with the authority to develop a category-based rating
method to assess and rate job applicants for positions filled through
the competitive examining process. Traditionally, applicants for
Federal jobs are assigned numerical scores, including veterans'
preference points, if appropriate, and are considered for selection
based on the ``rule of three'' (5 U.S.C. 3318(a)).
Section 3319(b) protects the rights of veterans by placing them
ahead of non-preference eligibles within each category in lieu of
adding veterans' preference points or applying the ``rule of three.''
For all positions other than scientific and professional positions at
GS-9 (equivalent or higher), qualified preference eligibles that have a
compensable service-connected disability of at least 10 percent must be
listed in the highest quality category.
Section 3319(c)(2) prohibits appointing officials from passing over
a preference eligible in the same quality category from which a
selection is made to select a non-preference eligible unless the
requirements of section 3317(b) or 3318(b) are satisfied.
OPM is issuing a proposed regulation designating sections 3319(b)
and (c)(2) as veterans' preference requirements for purposes of section
2302(b)(11). OPM's authority to designate in regulation a provision of
law as a ``veterans' preference requirement'' is prescribed in section
2302(e)(1)(G).
Section 2302(b) defines actions that constitute prohibited
personnel practices. Section 2302(b)(11)(A) provides that an employee
shall not, ``knowingly take, recommend, or approve any personnel action
if the taking of such action would violate a veterans' preference
requirement''. Section 2302(b)(11)(B) provides that an employee shall
not ``knowingly fail to take, recommend, or approve any personnel
action if the failure to take such action would violate a veterans'
preference requirement''. As a result of this designation, failure to
comply with section 3319(b) or (c)(2) constitutes a prohibited
personnel practice under section 2302(b)(11).
The purpose of this designation is to align sections 3319(b) and
(c)(2) with the other statutory provisions covering veterans'
preference that are listed in section 2302(e)(1) as constituting
veterans' preference requirements.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they would only apply to Federal agencies and
employees.
List of Subjects in 5 CFR Part 337
Government employees.
U.S. Office of Personnel Management.
Dan G. Blair,
Acting Director.
Accordingly, OPM is proposing to amend 5 CFR part 337 as follows:
PART 337--EXAMINING SYSTEM
1. Revise the authority citation for part 337 to read as follows:
Authority: 5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304,
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423,
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; and Section 1413 of Pub.
L. 108-136.
Subpart C--Alternative Rating and Selection Procedures
2. Add new paragraph (c) to Sec. 337.304 to read as follows:
Sec. 337.304 Veterans' preference.
* * * * *
(c) Sections 3319(b) and 3319(c)(2) of title 5 U.S.C. constitute
veterans' preference requirements for purposes of 5 U.S.C.
2302(b)(11)(A) and (B).
[FR Doc. 05-6841 Filed 4-6-05; 8:45 am]
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