[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Rules and Regulations]
[Pages 33375-33376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8962]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Rules 
and Regulations  

[[Page 33375]]


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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 [email protected]; 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 [email protected].

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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