[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Rules and Regulations]
[Pages 41387-41388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20779]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 63, No. 149 / Tuesday, August 4, 1998 / Rules
and Regulations
[[Page 41387]]
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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: Interim regulations with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to implement a provision of recent law which requires the
establishment of a priority consideration program to facilitate
employment placement in Federal positions (other than Federal Bureau of
Prisons positions) for employees of the District of Columbia Department
of Corrections who are scheduled to be separated from service as a
result of the closure of certain prison facilities. A separate priority
consideration program for placement of displaced Department of
Corrections employees in Federal Bureau of Prisons positions is being
established by the Department of Justice.
DATES: This interim regulation is effective August 4, 1998. Written
comments will be considered if received no later than October 5, 1998.
ADDRESSES: Send or deliver written comments to Mary Lou Lindholm,
Associate Director for Employment, Office of Personnel Management,
Suite 6500, 1900 E Street NW., Washington, D.C. 20415-9000.
FOR FURTHER INFORMATION CONTACT: Tim Firlie, Ed McHugh, or C.C.
Christakos, 202-606-0960, FAX 202-606-2329.
SUPPLEMENTARY INFORMATION: The National Capital Revitalization and
Self-Government Improvement Act (part of the Balanced Budget Act of
1997, Sec. 11203, Pub. L. 105-33, 111 Stat. 738, enacted August 5,
1997) provides that the Lorton Correctional Complex shall be closed and
the sentenced felony population residing at the Lorton Correctional
Complex shall be transferred to a penal or correctional facility
operated or contracted for by the Federal Bureau of Prisons (BOP) by
December 31, 2001. As part of this law, section 11203 establishes a
Priority Consideration Program for employees of the District of
Columbia (D.C.) Department of Corrections (DOC) who are scheduled to be
displaced as a result of this closure. The law provides for two
Priority Consideration Programs--one for vacant BOP law enforcement
positions for employees who meet the qualification and suitability
requirements for the position; and the other, for vacancies in any
Federal agencies outside the BOP, if the DC DOC employee does not meet
the qualification and suitability requirements for a BOP law
enforcement position. These regulations cover the portion of the
Priority Consideration Program dealing with jobs in other Federal
agencies. Under this subpart, present and former DOC employees in
receipt of a RIF separation notice, issued after August 5, 1997, who
have not been appointed to a Bureau of Prisons position after that
date, will receive priority consideration for vacant competitive
service positions in Federal Executive Branch agencies when they apply
and are determined to be well qualified. Priority consideration will be
accorded to eligible Department of Corrections employees on a similar
basis as that accorded to federal employees displaced by reduction in
force under 5 CFR 330, subpart G--Interagency Career Transition
Assistance Plan for Displaced Employees. By law, this priority
consideration program will terminate 1 year after the closing of the
correctional complex.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553 (b)(3)(B), I find that good cause exists
for waiving the general notice of proposed rulemaking because it would
be contrary to the public interest to delay access to benefits provided
by law. Also, pursuant to 5 U.S.C. 553(d)(3), I find that good cause
exists to waive the delay in the effective date and make this amendment
effective in less than 30 days. The delay in the effective date is
being waived to give effect to the benefits extended by the amended
provisions at the earliest practicable date.
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.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 330
Armed forces reserves, Government employees.
U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending part 330 of title 5, Code of Federal
Regulations, as follows:
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, 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 I also issued under sec. 4432 of Pub.
Law 102-484; subpart K also issued under sec. 11203 of Pub. Law 105-
33.
2. Subpart K of part 330 is added to read as follows:
Subpart K--Federal Employment Priority Consideration Program for
Displaced Employees of the District of Columbia Department of
Corrections
Sec.
330.1101 Purpose.
330.1102 Duration.
330.1103 Definitions.
330.1104 Eligibility.
330.1105 Selection.
[[Page 41388]]
330.1106 Appointment of certain present and former employees of the
District of Columbia Department of Corrections to vacancies in other
Federal agencie
Subpart K--Federal Employment Priority Consideration Program for
Displaced Employees of the District of Columbia Department of
Corrections
Sec. 330.1101 Purpose.
A displaced employee of the District of Columbia (DC) Department of
Corrections (DOC) who is separated from his/her position as a result of
the closure of the Lorton Correctional Complex, and who does not meet
the qualifications and suitability requirements for Federal Bureau of
Prisons law enforcement positions, is entitled to priority
consideration for other Federal vacancies when he/she applies and is
determined to be well-qualified.
Sec. 330.1102 Duration.
This program shall terminate one year after the closing of the
Lorton Correctional Complex or December 31, 2002, whichever is later.
Sec. 330.1103 Definitions.
For purposes of this subpart:
(a) Displaced employee means a current or former employee of the
District of Columbia Department of Corrections who has received a
specific reduction in force (RIF) separation notice as a result of the
closure of the Lorton Correctional Complex.
(b) Does not meet the qualifications and suitability requirements
for Bureau of Prisons law enforcement positions means a DC DOC employee
who has not been appointed to a Federal Bureau of Prisons law
enforcement position.
(c) Non-Bureau of Prisons positions in the Federal Government means
any competitive service positions (other than positions covered by the
Federal Bureau of Prisons Priority Consideration Program).
(d) Priority consideration means a displaced DC DOC employee
eligible under this subpart who applies for a vacancy and is determined
to be well-qualified is accorded similar priority and order of
selection as an eligible current or former displaced Federal employee
under 5 CFR 330, subpart G--Interagency Career Transition Assistance
Plan for Displaced Employees. In addition, DC DOC employees are
eligible for this priority consideration without regard to any
geographical restrictions.
(e) Well-qualified employee means an eligible employee who
possesses the knowledge, skills, and abilities which clearly exceed the
minimum qualification requirements for the position. A well-qualified
employee will not necessarily meet the agency's definition of ``highly
or best qualified,'' when evaluated against other candidates who apply
for a particular vacancy, but must satisfy the following criteria, as
determined and consistently applied by the agency.
(1) Meets the basic qualification standards and eligibility
requirements for the position, including any medical qualifications,
suitability, citizenship, and minimum educational and experience
requirements;
(2) Satisfies one of the following qualifications requirements:
(i) Meets all selective factors where applicable. Meets appropriate
quality rating factor levels as determined by the agency. Selective and
quality ranking factors cannot be so restrictive that they run counter
to the goal of placing displaced employees. In the absence of selective
and quality ranking factors, selecting officials will document the job-
related reason(s) the eligible employee is or is not considered to be
well qualified; or
(ii) Is rated by the agency to be above minimally qualified in
accordance with the agency's specific rating and ranking process.
Generally, this means that the individual may or may not meet the
agency's test for ``highly qualified,'' but would in fact, exceed the
minimum qualifications for the position;
(3) Is physically qualified, with reasonable accommodation where
appropriate, to perform the essential duties of the position;
(4) Meets any special qualifying condition(s) that OPM has approved
for the position; and
(5) Is able to satisfactorily perform the duties of the position
upon entry.
Sec. 330.1104 Eligibility.
(a) To be eligible for priority consideration, an employee of the
DC DOC must:
(1) Be in receipt of a RIF separation notice from the DC Department
of Corrections in connection with the closure of the Lorton
Correctional Complex.
(2) Have not been appointed to a Federal Bureau of Prisons law
enforcement position.
(3) Apply for a vacancy within the time frames established by the
agency;
(4) Be determined by the agency as well-qualified for the specific
vacancy.
(b) Eligibility for priority consideration begins: on the date the
DC DOC employee receives or is issued a specific RIF separation notice
by the DC DOC.
(c) Eligibility expires:
(1) One year after the closing of the Lorton Correctional Complex;
(2) When the DC DOC employee is no longer being separated by RIF;
(3) When the DC DOC employee receives a career, career-conditional,
or excepted appointment without time limit in any Federal agency at any
grade level;
(4) When the DC DOC employee voluntarily separates by resignation
or retirement prior to the RIF effective date; or
(5) When the DC DOC employee is separated involuntarily other than
by RIF prior to the RIF effective date.
Sec. 330.1105 Selection.
If two or more individuals apply for a vacancy and are determined
to be well-qualified, and meet the eligibility requirements under
Sec. 330.704(a) or Sec. 330.1104(a), the agency would have the
discretion of selecting any of these eligible employees.
Sec. 330.1106 Appointment of certain present and former employees of
the District of Columbia Department of Corrections to vacancies in
other Federal agencies.
(a) Appointments made under this section are excepted appointments
to positions in the competitive service.
(b) Eligibility for appointment under this subpart expires 1 year
after the closing of the Lorton Correctional Complex or December 31,
2002, whichever is later.
[FR Doc. 98-20779 Filed 8-3-98; 8:45 am]
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