[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Page 17610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6841]


 ========================================================================
 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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  Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / 
Proposed Rules  

[[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 [email protected]; 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 [email protected].

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]
BILLING CODE 6325-39-P