[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Rules and Regulations]
[Page 33375-33376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn06-1]
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Rules and Regulations
Federal Register
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 211
RIN 3206-ALOO
Veterans' Preference
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to implement statutory changes to veterans' preference
contained in the National Defense Authorization Act for FY 2006. These
changes expand the definition of a veteran and clarify veterans'
preference eligibility for individuals discharged or released from
active duty. The intended effect of these changes is to provide
conformity between veterans' preference laws and OPM regulations, to
further ensure that job seeking veterans receive the preference to
which they are entitled.
DATES: Interim rule effective June 9, 2006; comments must be received
on or before August 8, 2006.
ADDRESSES: Send or deliver written comments to Mark Doboga, Deputy
Associate Director for Talent and Capacity Policy, U.S. Office of
Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC
20415-9700; e-mail employ@opm.gov; fax: (202) 606-2329. Comments may
also be sent through the Federal eRulemaking Portal at: http://www.regulations.gov.
All submissions received through the Portal must
include the agency name and docket number or Regulation Identifier
Number (RIN) for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Scott A. Wilander by telephone at
(202) 606-0960; by fax at (202) 606-0390; TTY at (202) 606-3134; or by
e-mail at Scott.Wilander@opm.gov.
SUPPLEMENTARY INFORMATION: The National Defense Authorization Act for
Fiscal Year 2006, Public Law 109-163, was signed into law by the
President on January 6, 2006, containing two provisions (sections 1111
and 1112 of Title XI) which amend section 2108(1) of title 5, United
States Code. Section 1111 of Title XI of the Act expands the definition
of a veteran in 5 U.S.C. 2108(1) to include individuals who served on
active duty for more than 180 consecutive days, other than for
training, any part of which occurred during the period beginning
September 11, 2001, and ending on the date prescribed by Presidential
proclamation or by law as the last day of Operation Iraqi Freedom. OPM
is revising its regulation by adding this new definition to Sec.
211.102(a) consistent with this statutory change. In addition, we are
taking this opportunity to revise Sec. 211.102(a) to include anyone
who served on active duty during the period beginning August 2, 1990,
and ending January 2, 1992, as previously established by the National
Defense Authorization Act for Fiscal Year 1998 (Pub. L. 105-85).
The National Defense Authorization Act for Fiscal Year 2006 also
amended 5 U.S.C. 2108(1) by clarifying that individuals who are
released or discharged from active duty in the armed forces, as opposed
to being separated from the armed forces, may receive veterans'
preference provided these individuals meet other applicable veterans'
preference eligibility requirements. Because this clarification
requires agencies to give the same effect to a ``release or discharge
from active duty'' as they would to a ``separation from the armed
forces,'' we are modifying the definition of a veteran in Sec.
211.102(a) of this Part to be consistent with this statutory
clarification. We are also modifying the definition of a disabled
veteran in Sec. 211.102(b) to be consistent with the change to Sec.
211.102(a) and amendments to 5 U.S.C. 2108(1).
Lastly, we are amending Sec. 211.102(g) to correspond with the
changes in Sec. 211.102(a) and (b). This amendment replaces the term
``Separated under honorable conditions'' with ``Discharged or released
from active duty'' consistent with the statutory change contained in
the Act. This new definition does not alter the requirement that a
discharge or release from active duty must be under honorable
conditions (i.e., an honorable or general discharge).
Waiver of Notice of Proposed Rulemaking
Pursuant to 5 U.S.C. 553(b)(3)(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 agencies understand completely their
obligations under the amendments to 5 U.S.C. 2108(1) and do not
unwittingly deny veterans' preference based upon regulations that are
now obsolete. If OPM's regulations were permitted to remain as
currently written, while OPM solicited comments upon its proposed
revisions, there is a chance that reservists recently released from
active duty in Iraq or Afghanistan, for example, might be denied
veterans' preference based upon the language of the current
regulations. In light of the sacrifices being made by individuals who
do not serve full time in the armed forces, but who have been called to
active duty for significant periods of service, the public interest
lies with immediate publication, subject to subsequent revisions after
comments are received and fully evaluated. The revised language in the
interim regulation will ensure that returning individuals discharged or
released from active duty in the armed forces receive the veterans
preference to which they are entitled under statute.
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 5 CFR Part 211
Government employees, Veterans.
[[Page 33376]]
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending part 211 of title 5, Code of Federal
Regulations, as follows:
PART 211--VETERAN PREFERENCE
0
1. The authority for part 211 continues to read as follows:
Authority: 5 U.S.C. 1302.
0
2. In Sec. 211.102, revise paragraphs (a), (b), and (g) to read as
follows:
Sec. 211.102 Definitions.
* * * * *
(a) Veteran means a person who has been discharged or released from
active duty in the armed forces under honorable conditions performed--
(1) In a war; or,
(2) In a campaign or expedition for which a campaign badge has been
authorized; or
(3) During the period beginning April 28, 1952, and ending July 1,
1955; or
(4) For more than 180 consecutive days, other than for training,
any part of which occurred during the period beginning February 1,
1955, and ending October 14, 1976; or
(5) During the period beginning August 2, 1990, and ending January
2, 1992; or
(6) For more than 180 consecutive days, other than for training,
any part of which occurred during the period beginning September 11,
2001, and ending on the date prescribed by Presidential proclamation or
by law as the last day of Operation Iraqi Freedom.
(b) Disabled Veteran means a person who has been discharged or
released from active duty in the armed forces under honorable
conditions performed at any time and who has established the present
existence of a service-connected disability or is receiving
compensation, disability retirement benefits, or pension because of a
statute administered by the Department of Veterans Affairs or a
military department.
* * * * *
(g) Discharged or released from active duty means with either an
honorable or general discharge from active duty in the armed forces.
The Department of Defense is responsible for administering and defining
military discharges.
[FR Doc. E6-8962 Filed 6-8-06; 8:45 am]
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