[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Rules and Regulations]
[Page 3409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-550]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Rules 
and Regulations  

[[Page 3409]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 337

RIN 3206-AK35


Examining System

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
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: This rule is effective February 22, 2006.

FOR FURTHER INFORMATION CONTACT: 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 April 7, 2005, OPM published a proposed 
rule at Federal Register 70 FR 17160 designating sections 3319(b) and 
(c)(2) of title 5, United States Code (U.S.C.) as veterans' preference 
requirements for purposes of 5 U.S.C. 2302(b)(11). OPM's authority to 
designate in regulation a provision of law as a ``veterans' preference 
requirement'' is prescribed in 5 U.S.C. 2302(e)(1)(G). 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.
    As background, this action completes the implementation of specific 
provisions of the Chief Human Capital Officers Act of 2002 (Act), 
Public Law 107-296. The 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 which were codified in 5 U.S.C. 3319. 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.
    Section 3319(b) protects the rights of preference eligibles by 
placing them ahead of non-preference eligibles within each category in 
lieu of adding veterans' preference points or applying the ``rule of 
three.''
    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.
    This rule designates sections 3319(b) and (c)(2) as veterans' 
preference requirements, for which, failure to comply constitutes a 
prohibited personnel practice. For additional background information, 
please refer to the proposed rule.
    During the comment period, OPM received six comments to the 
proposed regulation. Two agencies submitted their comments supporting 
the proposed regulation and the remaining comments were outside the 
scope of this rule.
    We are therefore issuing the final regulation with only stylistic 
changes.

E.O. 12866, Regulatory Review

    This final 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.

Linda M. Springer,
Director, U.S. Office of Personnel Management.

0
Accordingly, OPM is amending 5 CFR part 337 as follows:

PART 337--EXAMINING SYSTEM

0
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; Sec. 1413, Pub. L. 108-136, 117 Stat. 1392, 1665; E.O. 
10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, Sept. 4, 1968; 45 
FR 18365, Mar. 21, 1980.

Subpart C--Alternative Rating and Selection Procedures

0
2. Revise Sec.  337.304 to read as follows:


Sec.  337.304  Veterans' preference.

    In this subpart:
    (a) Veterans' preference must be applied as prescribed in 5 U.S.C. 
3319(b) and (c)(2);
    (b) Veterans' preference points as prescribed in section 337.101 of 
this part are not applied in category rating; and
    (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. 06-550 Filed 1-20-06; 8:45 am]
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