[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6639-6640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3409]



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  Federal Register / Vol. 67, No. 30 / Wednesday, February 13, 2002 / 
Rules and Regulations  

[[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 [email protected].

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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