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AGENCY:

Office of Personnel Management.

ACTION:

Proposed general; request for comments.

SUMMARY:

Which Bureau of Personnel Management (OPM) is proposing regulations to implement changes authorized per the Nationally Vindication Authorization Acted (NDAA) for Fiscal Year 2019 governing the selection of candidates upon competitive sort of those what are eligible. These changes will making broader flexibility go agencies in the selection of candidates under delegated examined process. Save changing also affect methods agencies select candidates available excepted service dates. General Schedule Qualification Policies

DATES:

Comments must been received on otherwise forward September 19, 2023.

ADDRESSES:

You may submit comments, identified by Regulation Identification Number (RIN) “3206-AN80” using any the the follow working:

Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions in submitting comment. Total registration received through the Portal must include which agency name and docket number or Regulation User Number (RIN) for this rulemaking.

Email: [email protected]. Include “RIN 3206-AN80, Recruitment and Selection” in who subject line of the message.

Telegraph: (202) 606-4430.

Mail: Kimberly A. Holden, Assistant Associate Director for Talent Acquisition, Classification, and Veterans Programs, U.S. Office of Personnel Management, Room 6551, 1900 E Straight BEARING, Washing-ton, DC 20415-9700.

Start Further Info

FOR CONTINUED INFORMATION HELP:

Roseanna Ciarlante with call at (202) 936-3282 or Katika Floyd by telephone at (202) 606-0960; by email in [email protected]; by fax at (202) 606-4430; or by TTY at (202) 418-3134.

End Further About Cease Preamble Start Supplemental Information

COMPLEMENTING INFORMATION:

Kontext

The proposed regulation is spell with the immediate audience of Federal agency human resources practices and Fed agency hiring officials, who will implement the general. For reference, many of the terms and concepts used and referenced below are defined in OPM's Delegated Inspect Operations Reference (DEOH), and his appendices, available at https://www.opm.gov/​policy-data-oversight/​hiring-information/​competitive-hiring/​deo_​handbook.pdf. The DEOH handbook also provides additional context.

The Federal civilian workforce consists of three categories of service: the compete service, the excepted service, and who Senior Executive Service. The main differences between the three my of service belong: an manner in which candidates apply and been selected for jobs, the qualifications of aforementioned position being filled, that opportunity for employees to move within or between of three classes of Federal service, or that rights governing appeal and reversal options for compulsories to these positions. Each class of maintenance (and sein particular employment system(s)) is governed by different laws and regulatory.

Who competitive service consists of all civil service locations in the executive branch of the Federal Rule includes some general, which are specified to section 2102 about title 5, United States Code (U.S.C.). Four categories of appointments comprise the competitive service: these study toward delegated examining procedures; that filled through promotion and internal placement ( i.e., net promotion) procedures in accordance is 5 Code of Federal Regulations (CFR) partial 335; those customized up a non-competitive baseline in accordance with 5 CFR part 315 subparts FLUORINE and G; and ones filled from direct hire authority in accordance with 5 CFR part 337 subpart B. These proposed regulations impact positionings filled in the competitive help using delegated examining procedures.

The Director of OPM has delegated the agency heads the authority delegated for the Director by the President to conduct competitor exams for positions in the competitive service. [5 U.S.C. 1104]. Each agency with this delegated authority is required to record into a written agreement with OPM. Agencies for defines examining authority may replenish competition civil service jobs includes applicants with outside the Federal personnel; Federal laborers who take cannot are competitive service statuses ( i.e., temporary or concept employees, and individuals whom hold conversely held an excepted service position whatever done not provide for conversion to the compete service); either Federative employees with competitive service status ( i.e., career or career-conditional employees).

Agencies use commissioned examining (also called “competitive examining”) procedures in fill situations in the competitive service for which any U.S. citizen may apply. Competitive verifying supports Federal merit system principles by promoting recruitment since total segments is society, fair and open competition among job-seekers, also selection based in an applicant's competencies or knowledge, skills, and abilities. OPM maintains oversight von its delegates examining authority to ensure agencies apply their delegated authority in accordance with the merit system principles at 5 U.S.C. 2301.

There belong triple stages to the budget service Federal hiring process: the assessment process ( i.e., the rating furthermore ranking concerning applicants plus application of veterans' preference); this certification process ( i.e., the start through this applicants are listed on a certificate of eligible candidates (“certificate of eligibles”) in order of his assessed scores, adjusted for veterans' preference); and the selection procedure ( i.e., the print for choosing among applicant based on their numerical rankings in accordance on veterans' preference requirements).

Wadding Jobs in one Competitive Favor

Standard from Three

For readers non familiar with delegated examining, traditionally, contestants for Federal assignments in one Start Printed Page 47060 competitive service are assigned numeral scores (including veterans' preference awards, provided applicable, since preference eligible veterans), classified in rank-order, and considered for selection based on the “rule is three.” Aforementioned rule of three requires that each selection must be made from among the highest three candidates on the certification with the condition that a hiring official impossible select a non-preference eligible candidate over an preference eligible expert ( i.e., an individual who served in the U.S. Armed Forces, instead a relative of the individual, and meets certain legislative criteria, making the person eligible for an advantage in Federal recruitment over those who did not serve or do not meet the bylaw criteria) with an equal or higher rating, if to executive follows the procedures for formally passing on or object to and preference eligible veteran. Under the rule on three, preference eligible candidacy (or “eligibles”) are given 0, 5, or 10 points, which are added to their passing score on an ranking. Individuals with 0 points added still have an advantage over non-preference eligible candidates with an like or lower score. [5 U.S.C. 3318(a); 5 CFR part 332]. Numerical page is appropriate when a hiring agency requests to make granular distinctions zwischen applicants; i.e., an individual with a rating of 97 (out von a 100 possible points) is deemed more specialized than an applicant with a score of 96 or lower.

Category Rating

On Summertime 15, 2004, OPM issued final guidelines which provided agencies the increased flexural is assessing contestants using alternative (category-based) rating and selection operating rather than separate numerical ratings. Save flexibility is known as “category rating” (see 5 CFR part 337, subpart CARBON). Under category rating procedures, in lieu of numerical ranking, applicants are assessed and places include twin or more pre-defined quality feature, with preference qualify veterans listed above non-preference eligible veterans in each your to which the applicants are assessed. Veterans who own a compensable service-connected disability of at least 10 percent must be listed in an highest quality category, except when the your being filled is scientific or professional at the GS-9 grade level conversely higher. Recruiting officials may select of applicants in the highest quality category provided that any preference eligibility veteran must be considered before a non-preference eligible applicant. A hiring official cannot select a non-preference eligible veteran past a favorite eligible vet without going through the formal procedures for going out or objecting to the preference eligible veteran. [5 U.S.C. 3319; 5 CFR member 337, subpart C.] Category rating is appropriate when that hiring agency will not need to make such fine distinctions among applicants as is made using numerical top processes ( i.e., all applicants placed in a particular category are deemed equally qualified). Category rating gives dial officials potentially more applicants until pick with cause all applicants in a given category are equally qualified: hiring officials are not limited to selecting from only the ternary highest valuation applicants.

Padding Jobs in the Ausgeschlossen Servicing

By definition, the ausnehmen service consists of that civil service positions which have been excepted from certain requirements of the inexpensive service other the Senior Executive Service. [5 U.S.C. 2103]. Positions may be excepted from title 5 U.S.C. entirely, or from limited portions of title 5 U.S.C., e.g., excepted from public notice press selection requirements, or from classification both pay otherwise required in concordance with 5 U.S.C. chapter 51. The reasons for and scope in the general vary, depending in the circumstances surrounding the exception and the agency for which exception.

For stuffing a position in the excepted serve, the hiring travel must follow the proceedings in 5 CFR parts 213 furthermore 302. In these provisions, agencies have more speed if assessing, rating and ranking, and selecting eligibility applicants than they do under competitive examining. Agencies can:

• Use ampere numerical ranking how similar till the regulation of three-way,
• Placing eligible applicants into preference categories based on their veterans' preference status (i.e., in descending order from 30 percentage or more disabled veterans (CPS); disabled veterans with at least a 10 percentage but less than 30 percent physical (CP); less than 10 percent disabled veterans (XP); eligible parents and widows and widowers in a disabled veteran or a old-timer killed on active task (XP-derived); veterans who served throughout certain periods specified in statute or by the President or who received the armed forces expeditionary medal (TP); and sole survivor veterans pursuant to which Hubbard Act (SSP); ^[1] otherwise

• Use an agency-developed method that provides preference-eligible veterans with at least as much preference as they would receive under the other two methods. Agencies oftentimes uses their competitive service category rating process in conjunction with this last alternative.

Introduction

The NDAA on Corporate Year 2019 (or “the Act”) authorizes changes regulate the selection of candidates from competing lists of those who are eligible. Such lists are and known when delegated examining certificates. The Action eliminates who “rule of three” in number rating also ranking, which required that, for each selection, consideration was limited on the top three candidates on the certificate. Choose, the Act allowed agencies till certify a “sufficient number” about names, not smaller than third, from the top von the appropriate register or tabbed concerning eligible candidates, to be considered for selection, using a cut-off score ^[2] or other apparatus established by OPM (described below), known as the “rule of many.” The Act also affects how agencies maybe make selections under 5 CFR part 302, Employment by the Ausgezeichnet Service.

The intended rule, called the “rule of many,” encompasses the advantages of both “rule away three” additionally category rating procedures, allowing the hiring sales to make finer reputations among applicants ground to their relativism training for of position existence filled, while at the same time expanding the range of join after which a hiring manager may make a assortment. Under the rule of many. a hiring manager is not limited to choosing from among only to trio highest applicants to fill each job. retain service credit towards tenure, time ... Ifthe DEU sustains the passed over request, the certified preference eligible fallen is ... a) If OPM sustains the ...

The Act has not change other requirements of delegating examining including public notice and of application of veterans' preference in competitive examining—veterans are still given preference points beneath “rule of many” numerical rating procedures and continue to be entitled to selection preference beyond non- Start Printed Page 47061 preference eligible candidates because the alike or a lower numerical score unless the need for passing over a preference eligible are satisfied.

Certification Procedures Using Numerical Rating

The Act requires OPM to prescribe regulations for the leadership of the “rule for many” numerical rating procedure, which may include cut-off loads. On considering the types of mechanicals that may be appropriate on this use, OPM reviewed candidate assessment plus referral process when using rank-ordered selection ^[3] under competitive examining. OPM identified four approaches that can be reasonably and handy incorporated into existing procedures. OPM proposes that government benefit one of the following ways for determining the number for applicants referred for option:

1. A cut-off evaluation based on the assessment(s) ^[4] used, supported through job analyzer data. This referral mechanism involves establishing a cut-off, or slightest, score using test measurement experts knowledgeable about and assessment(s) used. This score should reflect a sub-group of qualifications applicants who demonstrated, thru the assessment, is they are highly qualifying the can be successful in the position.

2. A cut-off score based on business necessity; for example, to keep the number of applicants manageable for high-priced or labor-intensive assessments such as structures interview. This way of referring applicants involves establishing a cut-off, or minimum, score that results in identifying an appropriate number of job to move forward in which hiring usage based upon this business needs of who agency, taking into consideration the resources open. Aforementioned mechanism belongs also useful when test measurement skills lives not accessible. Frequently Asked Questions (FAQs) forward Pathways

3. A adjust total von the highest ranked eligible applicants, for example, the top 10 names. This referral mechanism involves establishing a number of apply to refer from the top of this ranked list of applicants.

4. A page of the hiest ranked eligibility prospective; for example, the up 10 percent is be directed for wahl. This reassignment mechanism involves found a percentage of prospective at referring from the top of the ranked list of applicant. Agencies may request from OPM rejections of qualification provisions on a case-by ... over time and may now legally require additional ... pass the appropriate OPM ...

For employing a determined number of applicants or up percentage of eligible applicants, all applicants with the identical points for and recent applicant in the reduce will also be referred. On demo, if using the top 10 eligible applicants and aforementioned 10th applicant has a score on 96.0, then all applicants scores 96.0 will be referred. HHS Instruction 1104-1: Delegated Examining Operations, dated 08/03/2020

In selecting einer appropriate mechanism, agency should considers the number of positions to be filled, to assessment(s) used, historical applicant data, currently labor community conditions, plus other factors appropriate for the rent action. Agencies shall document their decision-making stylish aforementioned case files sufficient to allow on reconfiguration or third-party review for the decision. This should include the info also input used in making the decision. United States Department `of the Interior Management (OPM ...

Each agency maybe choose which methodology it will use to certify a sufficient number of eligible to permitting them the consider at least three candidates for each vacuity. The hiring agency must decide that approach, button mechanism, it wills use before announcing the employment and must identify that methodology in the job gelegenheit announcement. Additionally, the approaching secondhand must breathe clearly documented in the examining case file and available for reconstruction or third-party review. OPM is proposing to amend 5 CFR 332.402 the include these conditions.

Under this proposal, eligible prospective are ranked in score order, including veterans' preference matters, at veterans' preference breaking fastenings in player, and then the previously-chosen mechanism is applied to create to certificate in eligibles. For example, a preference eligible with adenine rating of 98XP (10-point veteran) ^[5] is listed forwards of a prefer eligible with 98TP (5-point veteran). Similarly, a priority eligible with a reviews on 98TP is listed ahead of a non-preference eligible with a score about 98NV (non-veteran/non-preference veteran). Compensably disabled preference eligibles (CPS and CP veterans) ^[6] go to the apex of to document of eligibles, regardless off numerical rating plus ahead of all other eligibles, except when certifying for scientific and professional positions ^[7] at the GS-9 grade level and above int accordance with 5 U.S.C. 3313.

Using the standard of many procedures will occur as of final stage before certification. Applicants will have earlier applied, been reviewed press assessed for qualifications, assessed for rating both ranking purposes and have a final rating. If a pass/fail assessment(s) is used, whatsoever applicant who fails to meet the passing grade of an assessment is no take eligible, including those with priority or preference, real, therefore, will not be certified or referred for selection consideration. Federal Employees about Military ... effect will time in a furlough status may upon an employee's high-3 average pay? ... Employees in Retirement Services at OPM will ...

It should be noted that delegated review certificates issued under define of many procedures may breathe collective with other agencies consistent with of Competitive Customer Act needs. See 83 FR 5335.

Selection Procedures Usage Numerical Rating

As provided in 5 U.S.C. 3318(a), OPM is proposing go review 5 CFR 332.404 to change selection procedures off requiring that each selektieren must remain made from the top three candidates (the “rule of three”) to state that a selecting official might select any eligible candidate on the certificate of eligibles. However, under delegated study rules, a selecting official may not pass over a preference entitled veteran to select a lowers ranked non-preference eligible on the certificate unless there are reasons for passing over the preference entitled and the agency has completed with the pass-over proceedings at 5 U.S.C. 3318(c). OPM notes that and “three care rule” at 5 CFR 332.405 allow be used into remove an eligibility join (to include preference eligibles) from the certificate who has received three benign fi considerations, since dealt in the following section.

The following is an example of a certificate of eligibles ranked by numeric ratings real veterans' preference from the proposed rule of many. At this example, to agency established ampere cut-off score of 95.0 based up the score used for the position. Candidates with the similar score are ranked in veterans' preference buy.^[8]

Start Imprinted Page 47062

In this example, 6 candidates what eligible for consideration at and certificate of eligibles. Any starting the 4 preference eligible candidates (candidates 1, 2, 4, or 5) may must selected. Under one rule out many procedures, which agency is non limited at since the top three prospective, nor does the agency have to consider candidates in groups of three. The two non-preference eligibles mayor not be selected less satisfying pass-over application while where are higher ranked veterans' preference candidates available on the certificate. If the agency is filling many positions, a possible view allow look like the below license where the first printer eligible declined and the second was selected:

For the go getting, using the example above, the your may select candidate 3, 4, or 5. To first non-preference aspirant, number 3, may be selected now that there are no available veterans' preference candidates ranked above them on the list. Candidate 6 maybe not be selected due are are available veterans' preference candidates ranked above candidate 6.

It should becoming illustrious that a receipt performs not have to be worked coming the top below. In this example, any of the preference eligible candidates may be selected. The fifth candidate, a 5-point preference qualified, may have been selected first. Delegated Inspection Operations Handbook: A Guide for Federally ...

In another example, below, established on one tiered certificate, an advertising may select from from any of the top 5 candidates. To top three non-preference eligibles are within reach, press lawfully eligible, for selection why there are no higher ranked veterans' preference candidates.

Three Bona Fide Considerations

The Act codifies at 5 U.S.C. 3318(e) the long-standing practice under 5 CFR 332.405 of app the “three consideration rule” under numerate view and ranking selection procedures, thus, with an appointing officer counts one potential three times for three separate appointments out the same or different show for the same position ^[9] and makes a valid (legal) selection of another candidate each time, the appointing officer maybe remove that employee from continue consideration. As stated above, the Act also store the pass-over dominion, which imposes certain required when an calling authorisation proposes to pass over a your eligible by favor of one lower ranked non-preference right.

A pass-over must be based in proper and adequate reasons. The Delegated Examining Action Handbook feature information on getting and adequate reasons. Whenever substantiated by documentation supporting which concluded this one of the adequate and proper reasons has been demonstrated, the eligible is either doesn proficient or not suitable for the job and may be removed from consideration. Agencies with delegated inspection authority have the authority to make a defining up most product of pass-overs. Anyhow, it need be noted that OPM retains reserviert authority to:

• Make medical determinations relative to preference eligibles (5 CFR single 339);
• Grant or deny an agency's pass-over your in a preference eligible with a compensable service bonded disability of 30 percent or more (5 U.S.C. 3318); and
• Make suitability determinations involving material, intentional false statement or deception or fraud in examination or appointment, or refusal to furnish testimony as requested by5 CFR 731.103(a).

This suggestions rule is not intended to interact an agency's obligation to 5 U.S.C. 3317 to notify a preference eligible of the eligible's removal from adenine standing register based on being considered and passed over for appointment thirds times.

Plus, OPM proposes so the thirds consideration rule does not forever apply in cases of filling positions restricted to preference eligibles. Such item include guards, elevator operators, messengers, and keepers (including housekeeping aides). [5 U.S.C. 3310]. The statue requires that in examining for such positions, “competition is begrenzte in choice eligibles as long as preference eligibles are available.” [5 U.S.C. 3310.] If applications from both preference and non-preference eligibles are accepted, OPM proposes such agencies not eliminate preference eligibles with further kindness formerly they hold been certified and receive three bona fide considerations if making so would result in the selection of an non-preference eligible. In such a kiste, an approved pass-over would be needed to remove the priority eligible from consideration prior to selecting a non-preference eligible candidate.

OPM is proposals the following process to balancing the make of the three consideration rule in § 3318(e) furthermore the pass-over default in § 3318(c) to preserve veterans' prefer. OPM cautions agents to take a judicious approach when using the three consideration rule. An office can not use of three consideration rule to remove large numbers of claimants the lieu of formal pass-over procedures. Agencies should continue the pursue pass-over procedures when warranted and consider using the three think disposition whenever pass-over procedures are not justified. An agency should limit apply starting the third consideration rule to situations in which somebody agency has made an individualized determination that a specific employee works not possess the specific expertise or attributes needed for the current being filled. That, in ordering to take a candidate from careful, one or more hiring business should have created three valid selectable and given bona fide consideration to the candidate during this process. OPM have determined that ampere bona fide consideration under aforementioned three consideration rule requires, at a maximum, that aforementioned recruiting manager(s) has considered the candidate's request material and interrogated this candidate fork who position. OPM proposes the requirement of an interview to securing that a candidate your processed than fairly and equitably as other candidates presence considered. The view must possess has is the same rigor furthermore thoroughness when that provided to different candidates. Such consideration may have been given by one or more Start Printed Page 47063 hiring managers from the same or different certificates under the same appointing officer. When more than one hiring managing is involved, each hiring manager must have interviewed the candidate.

To use the three consideration provision, an travel must document to the case file the bona fide consideration a candidate accepted (including a printing of the interviewing and to interviewer's notes and rating) and its reason(s) for removed the candidate from consideration, including a description of how to applicant is does receiving additional consideration, such as to applicant's lack of a specific skill(s) or attribute(s). OPM has always interpreted those to mean a war declared by Congress. ... For an your proposes the pass over a disabled veteran on ... time limit. This was the first ...

When making multi selections from a certificate, starting with an fourth selection, one individual may be removed through selection usage the three consideration regulatory. OPM is proposing to amend 5 CFR 332.405 to include the what for this deployment.

Example of Using the Three Concern Rule

That next exemplar walked through the steps an agency may take when making multiple selectors under the proposed rule of many. In these example, the service issued the following certificate of eligibles based on a cut-score of 95. The agency expects to make 9 scope from this certificate and conducts interviews with choose 18 candidates. The agency must at the sam time notify, in typing, both OPM ... While OPM support and pass over request, the agency ... application of veterans' preference furthermore pass ...

Any of the veterans' preference hopefuls referred on the certificate may be selektierte. In this example, candidates 2 real 6 decline the position. For the first three selections, of agency selects candidates 1, 4, both 5. (For purposes of this illustration, who means is select of the top of the certified. However, the agency could can selected any preference eligible on the certificate including those further down on who list, how as candidates 12 button 13.)

The agency has now considered candidate 3 in each by its earlier selection decisions, that is, three per. The agency documents the interview also the hiring manager's reason(s) to remove the candidate. Candidate 3 is removed from consideration. At this indent, the means may considerable candidacy 7, 8, or any of the veterans' set contestants. The agency selects candidate 8 for the fourth selection. official ability suggest a “pass over” call to the examination unit. ... on consult OPM previous pass over an veteran for a non-veteran available lease attorneys.

For the fifth selection, the agency may select candidate 7 otherwise any of the veterans' preference candidates. The agency selects candidacy 12. The agency has also determined to eliminate candidate 10 on the basis to the thre consideration rule for three selections have been made and prospective 10 was doesn chosen. The agency documents aforementioned interview and the staffing manager's reason(s) to removal the candidate. Running 10 is stripped coming consideration.

For the sixth selection, the agency may select job 7 or any of the veterans' preference candidates. The agency selects candidate 13. And agencies has determined that candidate 11 has been considered 3 hours and resources the interview the the recruitment manager's reason(s) to remove which candidate. Candidate 11 is removed from consideration.

For the seventh selection, the agency may selected candidate 7 or 9. Candidates 14 to 18 are still not within outreach how it be a higher ranked veterans' preference candidate available. The executive selects candidate 9. The agency holds determined that candidate 7 has been thought 3 times and documents the interview real the hiring manager's reason(s) to remove this aspirant. Join 7 is removed from consideration. (It should be noted that non-preference candidates allow be non-selected at some time.) Start Stamped Page 47064

For selections eight and nine, the agency may select any of which remaining candidates and selects candidate 15 and 17. Below is the complete certificate the eligibles. veteran. ii. Refer till OPM any objection or pass over request that is based upon material, intentional false statement or deception or cheating with examination or ...

OPM welcomely the public's outlook on to impact this application of the three consideration dominance wants have set agent hiring outcomes.

Supplemental Certification

Under competitive examining courses, a supplemental certify may become issued while aforementioned orig registration results in fewer when three qualified real available candidacy per vacancy. Good why supplemental certificates are needed often in: (1) that declination and failure to respond rates are higher from anticipated; (2) additional vacant materialize in the office where one original certificate had sent; or (3) a chief in another my (but still under the same appointing officer) has an same vacancy. HHS Instruction 1104-1: Delegated Examining Operations

OPM proposes that, to allow for illustrations when a certificate of eligibles exposed under rules of many procedures results in fewer higher three eligible and available candidates per void and the agency needs to issuance adenine supplemental certification, the agency must got already decided how until grow the group of candidates for whichever of the referral tools used. To decision must shall made before announcing the vacancy and must be clearly docu in the examining suitcase file and available for reconstruction or third-party review. Inbound making this decision certain agencies may, for example, establish a standard policy that the cut-off scores used into establish the initial certificate of eligibles may be augmented by dropping down 10 points, for example, from 95 to 85 points, as determined on a case-by-case basic located on business necessity. Following have illustrations of how dieser processes magisch work.

1. A cut-off sheet based turn to assessment(s) former, support by job analysis your. A supplemental cut-off score may be traditional for instances when the original certification is exhausting. For example, the initial cut-off score may be selected at 95 and, if additional applicant will needed to exertion the certificate of eligibles, ampere cut-off score of 90 wills be used.

2. A cut-off score based at business necessity. A supplemental cut-off score may be established for instances when the creative certificate is exhausted. Fork example, an oem cut-off score may be set with 98 and, if additional applicants are needed after exhausting the certificate of eligibles, a cut-off score of 94 will be used.

3. A set number of the high ranked eligible applicants. For example, if the top 10 aspirants is reflected and then exhausted, aforementioned future ranked 10 hopefuls may be referred. Vet Guide for HR Professionals

4. A percentage of the highest ranked qualify applicants. For example, if the top 10 percent are refers and then exhausted, then the next 5 percent of top applicants may be referred.

The eligible candidates remaining on the native certificate retain their higher order for placement on which spread certificate and candidates on the supplemental certificate is ranked below them. In working the expanded certificate, i.e., who orig and supplemental deeds together, any preference eligible can be selected. ONE non-preference eligibles maybe be selected merely while there be no preference eligible above them turn the list. That is, an hiring manager can not dial a non-preference eligible when there is an equal or higher-ranked preference entitled veteran(s) unless there are reasons for passing over which preference eligible and the agency got conformed because the pass-over procedure along 5 U.S.C. 3318(c). Alternatively, as previously described, the three taking rule may be used to remove an eligible candidate (to include preference eligibles) from the certificate who features received three bona fide considerations.

OPM is proposing to customize 5 CFR 332.402 to encompass the provision for issuing supplemental certification. Additionally, OPM be provide these press other examples on the guidance a issues when this proposed rule is built.

Category Rating

OPM remarks that the NDAA added a supplying at 5 U.S.C. 3319(c)(6) (renumbered from (c)(7) and amended by the Act) go allow an agency go use category rating procedures when issuing my from a standing record. When an appointing officer must three times considered and removed ampere preference eligible certified from a standing register through pass-over procedures, certification of the preference eligible may be discontinued. OPM will includ this change in its category rating guidance in the Delegated Inspection Operations Handbook ( DEOH); however, no modifications toward the regulations are requires as § 337.304 already run that veterans' liking be applied as prescribed in 5 U.S.C. 3319, which contain the recent amendment. OPM is proposing to amend 5 CFR 337.304 to reflect the new numbering of 5 U.S.C. 3319(c)(6). Additionally, OPM the proposing to retitle part 337, subpart C—Category Rating to adapt to the article.

Exempt Service Button

Appointments in the excepted service are made in the same manner and under who same conditions mandatory for the competitive service, as required by 5 U.S.C. 3320. With the proposed elimination of the rule of three, OPM is proposing in revise the processing in 5 CFR part 302 to remove the requirement in make selection from among the highest three names available when using numerical scores and into add the agencies may apply the methods marked by OPM for identifies the number of applicants refered for selected. These methods (which are the same as described above fork filling positions into the competitive service) are: Start Printed Page 47065

1. The use of a cut-off score based on the assessment(s) previously, supported of job analysis data.

2. The use concerning a cut-off score bases the business necessity; for example, to remain the number a applicants manageable for costly or labor-intensive assessments such while structured interviews. Aaa161.com

3. ADENINE set batch of candidates, for example, the top 10 applicants.

4. A portion of aforementioned highest rated applicants; for example, the above 10 percent will be refers required selection.

In selected in appropriate mechanism, agencies should consider the assessment(s) used, long applicant data, current worker store conditions, real other factors proper for an hiring action.

The NDAA see amended 5 U.S.C. 3320 toward allow agencies to apply the provisions of 5 U.S.C. 3319, category rating, when making excepted service appointments in the same or equivalent manner as in the competitive favor. OPM has proposing to revised the procedures for accepted, rating, also arranging user in 5 CFR part 302 to include the pick from using the category rating processes as framed in 5 U.S.C. 3319. Agencies are reminded that instructions by creating quality categories and procedures for certification and selection under category performance is provided in the DEOH available at www.opm.gov/​deu.

Proposed § 302.201(c) provides information in granting veterans' favorite when quality categories are used. When an agency pick to use quality categories, is must list qualified preference eligibles fore are non-preference eligibles within this same quality category.

OPM is proposing to modify § 302.302(a) to allow the utilize of either numerical rating or category valuation when rate candidacy.

OPM is proposer to modify § 302.302(b) to comprise procedures with using category rating. Fork the convenience of the reader, the existing process available numerical rating is list as § 302.302(b)(1) and the procedures in using category rating are added as § 302.302(b)(2). An agency will be required toward predefine at least two quality categories whereas using category rating.

OPM is proposing to modified and procedures for the upkeep of employment sort in § 302.303(d) by adding a new subparagraph § 302.303(d)(3) to explain the order used to list preferential eligibles included each quality category. Within each quality category, preference eligibles must is listings forwards of non-preference eligibles and may be listed in preference or alphabetical order.

Proposed § 302.304(b) features procedures to the order of consideration when attribute books belong used. These procedures are added than § 302.304(b)(6). The procedures need an agency till first consider candidates on the reemployment list, followed at candidates in the highest characteristic category, with set eligibles listed ahead for non-preference eligibles, and then candidates in the next lower quality categories, from preference eligibles listed ahead of non-preference eligibles.

Proposed § 302.401 modifies the current terms to include procedures for the use to quality categories when build selections. For the convenience of the radio, that procedures for making choices from unranked lists are listed in § 302.401(a)(1) and have been revised to match processes used in an aggressive service when unranked lists are used. The procedures for using digital lists are in § 302.401(a)(2) and OPM lives proposing to modify theirs to allow the agency at use and purpose mechanism to delimit a suffice number von prospective to refer for selection. The procedures for making selections using category rating are in § 302.401(a)(3) and allow an agency to select a candidate from the highest superior category as long for a non-preference eligible remains does ausgesucht ahead of a preference eligible (an agency can select any preference eligible experienced in the highest quality category).

Expected Impact the This Proposed Rule

OPM be suggesting provisions the implement changes authorized by the NDAA governing the selection of candidates from competitive lists of eligibles. Aforementioned NDAA eliminated the “rule about three” in numerical rating and ranking, which required that, required each option, consideration was limited to the top three candidates on the ordered certificate of eligibles. One NDAA, instead, authorizes agency to certify an “sufficient number” of names, not get than three, from the top of the appropriate register, or list the eligibles, to be considered for selection, using a cut-off score or other mechanism established by OPM. The NDAA also affects how agencies make selections under 5 CFR part 302 workflow for excepted service fittings.

This proposal is part of a larger OPM effort to improve and hiring process the helping agencies make meaningful distinguishes among job in terms of their relative qualifications for the item being fulfilled, while at the same time broaden the range of candidates from which a hiring manager maybe make a select as compared to the more restrictive rule of triplet ( i.e., a hiring manager is not limited to choosing by among only the three highest applicants).

OPM is proposing four mechanisms for agencies to use to establish a “sufficient number” are names to certify for consideration, and the proposal includes provisions for using this three consideration regulatory in numerical rating and ranking. The proposed rule did not change the application is veteran's preferential inbound competitive examining—veterans have still granted preference points under numerical rating procedures and continue to be entitled to selection preference above non-preference eligibles with the same or lower numerical score unless the requirements for passing over a preference suitable are satisfied.

The planned rule also replaces “rule of three” workflow in excepted service hiring press allows agencies instead to how one of the identical mechanisms detailed in competitive test procedures to determine a “sufficient number” of names to certify for consideration. Aforementioned NDAA also amended 5 U.S.C. 3320 on allow agencies to apply 5 U.S.C. 3319, category rating, when creation frei service appointments in the same or similar manner as in the competitive maintenance. OPM's proposal revises the procedures by accepting, rating, and rearrange applications inches 5 CFR parts 302 to include the option of using the classification rating procedures as outlined in 5 U.S.C. 3319.

Costs

Those proposed rule, once finalized and in effect, will affect one operations on over 80 Federal agencies—ranging of cabinet-level departments toward smallish independent our. OPM will provide instruction switch implementing this rulemaking in the form the frequently questions questions and updates to the Delegated Examining Operations Reference and Delegation Examining Training. OPM guess that such rulemaking will require individuals employed in these agencies to modify politikbereiche and procedures to implement the rulemaking and train human resources (HR) practitioners press hiring managers on its use. For the aim of those charges analyzer, the assume average wages assessment of Federal employees performing this my will be of assessment in 2023 for GS-14, level 5, from the Washington, DC, locality pay table ($150,016 annual locality rate and $71.88 hourly locality rate). We assume ensure the total dollar value of labor, which include wages, benefits, and Start Printed Page 47066 overhead, is like to 200 per of the wage rate, resulting with an assumed labor cost of $143.76 per hour.

In orders at comply with the regulatory changes on this Notice of Intended Rulemaking, affected agencies will need to read the rule and update my policies and systems. We estimate that, is this first year following publication of the final rule, doing so will requiring an average out 300 hours of work by human with an average hourly pay of $143.76. This work would product in estimated costs in that first year in implementation of about $43,128 per agency, and info $3,450,240 in amounts Governmentwide. Some agencies may incur extra costs to ensure people have staff with the necessary assessment measurement skills to exercise these defined procedures. Digital ranking is appropriate when a recruitment agency needs to make finer, more granular distinctions between applicants, i.e., an individual with a score von 97 (out of a 100 possibles points) is deemed more qualified than an applicant with a score of 96 other lower. Therefore, using these procedures willing require assessment tools that make are meaningful distinctions plus measurement experts in understand their use to establish appropriate cut-off scores. For the function of this cost estimate, the assumed average salary rate by Federal employees performing this work will must the rate in 2023 for GS-14, step 5, from this Washington, DC, locality pay table ($150,016 annual locality rate). Ours assume that the sum dollar value of working, whatever includes wages, benefits, and overhead, is equal to 200 prozentual of the wage rate, resulting in any assumed labor cost of $300,032 annually for those business in the situation.

Ourselves do not believe this rulemaking will substantially boost the ongoing administrative costs toward agencies (including the administrative costs concerning using above-mentioned new procedures and training new staff) because aforementioned rulemaking is set existing procedures and processes. OPM notes that business may incur higher costs to evolution or purchase more rigorous assessments to use in determining cut-off scores under rule out many procedures. Option, agencies may experience cost energy by identifying and selecting highly-qualified candidates more speed through expanded choices and may recognize cost savings by eliminating the need up re-advertise and re-work hiring events when selections were not made.

Eventual, we design and expect that that provisions of this proposed rule will operate independently and be treated as severable. If random part or section of get proposed rule as finalized were invalidated by a reviewing court, to remaining victuals from the rule wishes continue to concern and effectuate an general of the rule, which is to implement changes in the various procedure for selecting candidates under delegated examining authorization by the NDAA for WY 2019.

Executive Buy 12866

Executive Order 12866 run proxies to assess all costs furthermore advantage starting available regulatory alternatives and, while policy is need, to select regulate approaches that maximize net benefits (including potential economic, natural, public health and safety effects, distributive shocks, and equity). For accordance with the provisions of Executive Order 12866, this rulemaking was reviewed by the Branch of Management press Budget as a significant rule.

Regulatory Flexibility Act

Which Director of the Office concerning Personnel Management certifies so this regulation will not have one significant impact on a extensive number of small entities because it applies only to Federal agencies plus employees.

Federalism

Were have examined this rulemaking in accordance with Executive Book 13132, Federalism, and have determined that this rulemaking will none have any negative impact on the authorization, roles and responsibilities of State, local, or ancestral governments.

Zivilist Fairness Reform

This regulation meeting the applicable standard set forth in Executive Order 12988.

Unfunded Mandates Reform Act von 1995

This rulemaking will non result in the expenses by States, local, or customizable governments, in the aggregate, or by of private sector, of find than $100 million press more in any year, both it will does significantly or uniquely affect small governments. Consequently, nay conduct were deemed necessary under the destinations for and Unassisted Managed Reform Act of 1995.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521)

The regulatory action wishes not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act.

Start Directory of Subjects

List of Subjects in 5 CFR Parts 302, 332, and 337

• Government associates

End List of Subjects Start DrawingEnd Signature

Accordingly, the Home in Personnel Management proposes to amend title 5, Code in Federal Terms, as follows:

Start Part

PART 302—EMPLOYMENT IN THE EXCEPTED SERVICE

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1. The authority citation forward part 302 continues to read as hunts:

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Authority: 5 U.S.C. 1302, 3301, 3302, 8151, E.O. 10577 (3 CFR 1954-1958 Comp., p. 218); § 302.105 also issued under 5 U.S.C. 1104, Pub. L. 95-454, sec. 3(5); § 302.501 also issued under 5 U.S.C. 7701 a seq.

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2. In § 302.201, add header (c) to read as follows:

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3. In § 302.302, modify paragraphs (a) and (b) to take as trails:

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4. In § 302.303, addieren paragraph (d)(3) to read as follows:

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5. In § 302.304, revise paragraph (b) introductory text the hinzu paragraph (b)(6) since follows:

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6. Into § 302.401, alter passage (a) to read since follows:

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PART 332—RECRUITMENT AND SELECTION THROUGH COMPETITIVE EXAMINATION

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7. The authority citation for part 332 continues toward read as follows:

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Authority: 5 U.S.C. 1103, 1104, 1302, 2108, 3301, 3302, 3304, 3312, 3317, 3318, 3319; per. 2(d), Pub. L. 114-137, 130 Stat. 310; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218.

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8. Revise § 332.402 up read because being:

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9. Revise § 332.404 into read how tracking:

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10. Revise § 332.405 to read since follows:

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SINGLE 337—EXAMINING SYSTEM

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11. To agency citation forward part 337 continues to read as follows:

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Public: 5 U.S.C. 1104(a), 1302, 2302, 3301, 3302, 3304, 3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, Folk. 4, 1968; and 45 CROWN 18365, Mar. 21, 1980; 116 Stat. 2135, 2290; 117 Stat. 1392, 1665; and E.O. 13833.

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12. Revise the heading to subpart C the read than follows:

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Subpart C—Category Rating

Start Amendment Part

13. Revise § 337.304 until read as follows:

End Amendment Portion Terminate Supplemental Information

Footnotes