[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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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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