[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR330.1202]

[Page 218-219]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 330_RECRUITMENT, SELECTION, AND PLACEMENT 
(GENERAL)--Table of Contents
 
Subpart L_Interagency Career Transition Assistance for Displaced Former 
                       Panama Canal Zone Employees
 
Sec. 330.1202  Definitions.

    For purposes of this subpart:
    (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.
    (b) Canal Zone is the definition set forth in 22 U.S.C. 3602(b)(1), 
and means the areas and installations in the Republic of Panama made 
available to the United States pursuant to the Panama Canal Treaty of 
1977 and related agreements;
    (c) Eligible displaced employee of the former Panama Canal Zone 
means a citizen of the United States who:
    (1) Held a position in the Panama Canal Employment System that is in 
retention tenure group 1 or 2, as defined in Sec. 351.501(a) of this 
chapter;
    (2)(i) Was an employee of the Panama Canal Company or the Canal Zone 
Government on March 31, 1979, and was continuously employed in the 
former Panama Canal Zone under the Panama Canal Employment System; or
    (ii) Was continuously employed since March 31, 1979, in the former 
Panama Canal Zone under the Panama Canal Employment System as an 
employee of an executive agency, or as an employee of the Smithsonian 
Institution;
    (3) Held a position that was eliminated as the result of the 
implementation of the Panama Canal Treaty of 1977 and related 
agreements;
    (4) Was not appointed to another appropriate Federal position 
located in the Republic of Panama; and
    (5) Received a specific notice of separation by reduction in force, 
and meets the additional eligibility criteria covered in Sec. 330.1203.
    (d) Special selection priority means that an eligible displaced 
employee of the former Panama Canal Zone who applies for a competitive 
service vacancy, and who the hiring agency in the continental United 
States determines is well-qualified, has the same special selection 
priority as a current or former displaced Federal employee who is 
eligible under 5 CFR part 330, subpart G (the Interagency Career 
Transition Assistance Plan), or under 5 CFR part 330, subpart K (Federal 
Employment Priority Consideration for Displaced Employees of the 
District of Columbia Department of Corrections). Eligible displaced 
employees of the former Panama Canal Zone have special selection 
priority under this subpart to positions throughout the continental 
United States.
    (e) Vacancy means a competitive service position to be filled for a 
total of 121 days or more, including all extensions, which the agency is 
filling, regardless of whether the agency issues a specific vacancy 
announcement.
    (f) Well-qualified employee means an eligible displaced former 
employee of the Panama Canal Zone who possesses the knowledge, skills, 
and abilities that 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, 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

[[Page 219]]

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;
    (5) Is able to satisfactorily perform the duties of the position 
upon entry; and
    (6) Has a last performance rating of at least ``Fully Successful'' 
or equivalent.