[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Page 66705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32082]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 232 / Thursday, December 3, 1998 / 
Rules and Regulations  

[[Page 66705]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213 and 335

RIN 3206-AI51


Excepted Service; Promotion and Internal Placement

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 the staffing provisions of S. 1021, The 
Veterans Employment Opportunities Act of 1998. This Act allows 
preference eligibles or veterans who have been honorably discharged 
from the armed forces after 3 or more years of active service to 
compete for vacant positions under merit promotion procedures when an 
agency is accepting applications from individuals outside its own 
workforce.

DATES: Effective Date: December 3, 1998. Comments: Comments are due 
January 4, 1999.

ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, 
Associate Director for Employment, Office of Personnel Management, Room 
6500, 1900 E Street, NW., Washington, DC 20415-9000.

FOR FURTHER INFORMATION CONTACT: Karen Jacobs or Sylvia Cole on (202) 
606-0830, TDD (202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: On October 31, 1998, the President signed 
into law S. 1021, The Veterans Employment Opportunities Act of 1998. 
Public Law 105-339, which will be codified in section 3304 of title 5, 
United States Code, allows preference eligibles or veterans who have 
been honorably discharged from the armed forces after 3 or more years 
of active service to compete for vacant positions under merit promotion 
procedures, if the hiring agency is accepting applications from 
individuals outside its own workforce. The law also requires OPM to 
create a special appointing authority to permit the appointment of 
these individuals if they are selected. Because the law did not 
specifically place these individuals in the competitive service, we are 
creating a Schedule B, excepted appointing authority under 5 CFR part 
213 to permit their placement in agencies. A Schedule B appointing 
authority, under which positions are subject to basic qualification 
standards established by OPM, is appropriate in view of the language of 
the public law. Therefore, agencies should use Schedule B, section 
213.3202 (n) and cite Legal Authority Code ``YKB/Sch B 213.3202(n)'' 
when making appointments. The new law does not provide for 
noncompetitive conversion into the competitive service.

Waiver of Delay in Effective Date

    Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to 
waive the delay in effective date and make these regulations effective 
in less than 30 days. The delay in effective date is being waived 
because the staffing provisions of this law became effective upon 
enactment, October 31, 1998.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities (including 
small businesses, small organizational units, and small governmental 
jurisdictions) because the regulations apply only to appointment 
procedures for certain employees in Federal agencies.

E.O. 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 Parts 213 and 335

    Government employees, Reporting and record keeping requirements.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is amending parts 213 and 335 of title 5, Code of 
Federal Regulations, as follows:

PART 213--EXCEPTED SERVICE

    1. The authority citation for part 213 is revised to read as 
follows:

    Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958 
Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103; 
Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h) 
and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; 38 
U.S.C. 4301 et. seq.; and Pub. L. 105-339.

    2. In Sec. 213.3202, paragraph (n) is added to read as follows:


Sec. 213.3202  Entire executive civil service.

* * * * *
    (n) Positions when filled by preference eligibles or veterans who 
have been separated from the armed forces under honorable conditions 
after 3 years or more of continuous active service and who, in 
accordance with 5 U.S.C. 3304(f) (Pub. L. 105-339), applied for these 
positions under merit promotion procedures when applications were being 
accepted by the agency from individuals outside its own workforce. 
These veterans may be promoted, demoted, or reassigned, as appropriate, 
to other positions within the agency but would remain employed under 
this excepted authority as long as there is no break in service.

PART 335--PROMOTION AND INTERNAL PLACEMENT

    3. The authority citation for part 335 is revised to read as 
follows:

    Authority: 5 U.S.C. 3301, 3302, 3330; E.O. 10577, 3 CFR 1954-
1958 Comp., p. 218; Pub. L. 105-339.

    4. Section 335.106 is added to subpart A to read as follows:


Sec. 335.106  Special selection procedures for certain veterans under 
merit promotion.

    Preference eligibles or veterans who have been separated under 
honorable conditions from the armed forces after 3 or more years of 
continuous active service may compete for vacancies under merit 
promotion when an agency accepts applications from individuals outside 
its own workforce.
[FR Doc. 98-32082 Filed 12-2-98; 8:45 am]
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