Veterans' Preference, 94909 [2016-30893]

Agencies

• Office of Personnel Management

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Page 94909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30893]



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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / 
Rules and Regulations

[[Page 94909]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 211

RIN 3206-AN47


Veterans' Preference

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule implements statutory changes pertaining to veterans' 
preference. We are making this change in response to the Gold Star 
Fathers Act of 2015, which broadened the category of individuals 
eligible for veterans' preference to provide that fathers of certain 
permanently disabled or deceased veterans shall be included with 
mothers of such veterans as preference eligibles for treatment in the 
civil service. This action will align OPM's regulations with the 
existing statute.

DATES:  Effective December 27, 2016. Comments must be received on or 
before February 27, 2017.

ADDRESSES: You may submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. All submissions received through 
the Portal must include the agency name and docket number or Regulation 
Identifier Number (RIN) for this proposed rulemaking.
    You may also send, deliver, or fax comments to Kimberly A. Holden, 
Deputy Associate Director for Recruitment and Hiring, Employee 
Services, U.S. Office of Personnel Management, Room 6351D, 1900 E 
Street NW., Washington, DC 20415-9700; email at employ@opm.gov or fax 
at (202) 606-2329.

FOR FURTHER INFORMATION CONTACT: Roseanna Ciarlante by telephone on 
(267) 932-8640, by fax at (202) 606-4430, by TTY at (202) 418-3134, or 
by email at Roseanna.Ciarlante@opm.gov.

SUPPLEMENTARY INFORMATION: On October 7, 2015, the Gold Star Fathers 
Act of 2015 (the ``Act'') was enacted as Public Law 114-62. The Act 
provides an amendment to the eligibility criteria for veterans' 
preference purposes by amending subparagraphs (F) and (G) to 5 U.S.C. 
2108(3). The amendment provides that fathers of certain permanently 
disabled or deceased veterans shall be included with mothers of such 
veterans as preference eligibles for treatment in the civil service. 
The Act also changes the requirements for parents of such veterans to 
qualify for this preference.
    The Act replaces 5 U.S.C. 2108(3)(F) to state that the parent of an 
individual who lost his or her life under honorable conditions while 
serving in the armed forces during a war, in a campaign or expedition 
for which a campaign badge has been authorized, or during the period 
beginning April 28, 1952, and ending July 1, 1955, is eligible for 
preference if the spouse of that parent is totally and permanently 
disabled; or that parent, when preference is claimed, is unmarried or, 
if married, legally separated from his or her spouse.
    The Act also replaces 5 U.S.C. 2108(3)(G) to state that the parent 
of a service-connected permanently and totally disabled veteran is 
eligible for preference if the spouse of that parent is totally and 
permanently disabled; or that parent, when preference is claimed, is 
unmarried or, if married, legally separated from his or her spouse.
    OPM is amending 5 CFR 211.102(d) to state that a ``preference 
eligible'' is ``a veteran, disabled veteran, sole survivor veteran, 
spouse, widow, widower, or parent who meets the definition of 
`preference eligible' in 5 U.S.C. 2108.'' This amendment replaces the 
word ``mother'' with the word ``parent'' to conform to the statutory 
definition.

Waiver of Notice of Proposed Rulemaking

    Pursuant to 5 U.S.C. 553(b)(B), I find that good cause exists for 
waiving the general notice of proposed rulemaking. Waiver of advance 
notice is necessary to ensure that the regulations become effective 
immediately, and that agencies understand their obligations under 5 
U.S.C. 2108(3) and do not unwittingly deny veterans' preference based 
upon the outdated existing regulations. If OPM's regulations were 
permitted to remain as written while OPM solicited comments upon its 
proposed revisions, parents of certain deceased and disabled veterans 
may be inadvertently denied veterans' preference in Federal hiring 
based upon the current language in regulations. Accordingly, the notice 
otherwise required is impracticable because it would impede due and 
timely execution of agencies' functions. The revised language in this 
interim rule will ensure parents of certain deceased and disabled 
veterans receive their statutory entitlement to veterans' preference.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that this regulation would not have a significant 
economic impact on a substantial number of small entities because it 
affects only Federal employees.

List of Subjects in Title 5 CFR Part 211

    Government employees, Veterans.

U.S. Office of Personnel Management
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is amending part 211 of title 5, Code of Federal 
Regulations, as follows:

PART 211--VETERAN PREFERENCE

0
1. Amend Sec.  211.102 by revising paragraph (d) introductory text to 
read as follows:


Sec.  211.102   Definitions.

* * * * *
    (d) Preference eligible means a veteran, disabled veteran, sole 
survivor veteran, spouse, widow, widower, or parent who meets the 
definition of ``preference eligible'' in 5 U.S.C. 2108.
* * * * *
[FR Doc. 2016-30893 Filed 12-23-16; 8:45 am]
 BILLING CODE 6325-39-P