[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Proposed Rules]
[Pages 46410-46411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16285]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / 
Proposed Rules  

[[Page 46410]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 315 and 316

RIN 3206-AL29


Disabled Veterans Documentation

AGENCY: Office of Personnel Management

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to revise 
its regulation regarding documentation required for noncompetitive 
temporary and term appointments, and conversion of 30 percent or more 
disabled veterans from nonpermanent appointments. The intended purpose 
of this change is to provide consistency with the policy of the 
Department of Veterans Affairs (VA).

DATES: We will consider comments received on or before October 19, 
2007.

ADDRESSES: You may submit comments 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.
    You may also send or deliver written comments to Deputy Associate 
Director for Talent and Capacity Policy, U.S. Office of Personnel 
Management, Room 6551, 1900 E Street, NW., Washington, DC 20415-9700; 
(202) 606-2329.

FOR FURTHER INFORMATION CONTACT: Darlene Phelps by telephone at (202) 
606-0830; by TTY at (202) 606-3134; by fax at (202) 606-0390; or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs (VA) 
considers any VA disability letter issued in 1991 or later as proof of 
a permanent disability, unless the letter specifically states 
otherwise. We are modifying sections 316.302(b)(4) and 316.402(b)(4), 
and 315.707(a)(2)(ii) and (iii) to be consistent with VA's policy. 
These modifications will clarify that a 30 percent or more disabled 
veteran, who has proof of disability from the VA dated 1991 or later is 
eligible for a noncompetitive temporary or term appointment. The 
employee may be noncompetitively converted to the competitive service 
at any time during such an appointment. In addition, we are adding a 
reference to section 315.707(a)(2)(ii) and (iii) to include disability 
determinations from a branch of the Armed Forces, as these entities may 
also certify the existence of 30 percent or more disability.

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 will not have a significant economic 
impact on a substantial number of small entities because it would apply 
only to Federal agencies and employees.

Paperwork Reduction Act

    The information collection requirements contained in this proposed 
rule are currently approved by OMB under 3206-0001. This proposed 
regulation does not seek to modify this approved collection.

List of Subjects in 5 CFR Parts 315 and 316

    Government employees.

U.S. Office of Personnel Management.
Linda M. Springer,
Director.

    Accordingly, OPM proposes to amend 5 CFR parts 315 and 316 as 
follows:

PART 315--CAREER AND CAREER CONDITIONAL EMPLOYMENT

    1. The authority citation for part 315 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR, 
1954-1958 Comp., p. 218, unless otherwise noted; and E.O. 13162; 
sections 315.601 and 315.609 also issued under 5 U.S.C. 8151. 
Section 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp., p. 
111. Section 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 
Comp., p. 303. Sec 315.607 also issued under 22 U.S.C. 2506. Section 
315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp., p. 293. 
Section 315.610 also issued under 5 U.S.C. 3304(d). Section 315.611 
also issued under Section 511, Pub. L. 106-117, 113 Stat. 1575-76 
Section 315.708 also issued under E.O. 13318. Section 315.710 also 
issued under E.O. 12596, 3 CFR, 1987 Comp., p. 229. Subpart I also 
issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 Comp., p. 264.

Subpart G--Conversion to Career or Career-Conditional Employment 
From Other Types of Employment

    2. In Sec.  315.707 revise paragraphs (a)(2)(ii) and (iii) to read 
as follows:


Sec.  315.707  Disabled veterans.

    (a) * * *
    (2) * * *
    (ii) Have been rated by the Department of Veterans Affairs since 
1991 or later, or by a branch of the Armed Forces at any time, as 
having a compensable service-connected disability of 30 percent or 
more; or
    (iii) Have been rated by the Department of Veterans Affairs at the 
time of a qualifying temporary appointment effected within the year 
immediately preceding, or a term appointment effected within four years 
immediately preceding the conversion.
* * * * *

PART 316--TEMPORARY AND TERM EMPLOYMENT

    3. The authority citation for part 316 continues to read as 
follows:

    Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958 
Comp., p. 218.

Subpart C--Term Employment

    4. In Sec.  316.302 revise paragraph (b)(4) to read as follows:


Sec.  316.302  Selection of term employees.

    (b) * * *
    (4) Appointment under 5 U.S.C. 3112 (veterans with compensable 
service-connected disability of 30 percent or more). The disability 
must be documented by a notice of retirement of discharge due to 
service-connected disability from active military service dated at any 
time, or by a notice of compensable disability rating from the 
Department of Veterans Affairs, dated 1991 or later;
* * * * *

Subpart D--Temporary Limited Employment

    5. In Sec.  316.402 revise paragraph (b)(4) to read as follows:


Sec.  316.402  Procedures for making temporary appointments.

    (b) * * *

[[Page 46411]]

    (4) Appointment under 5 U.S.C. 3112 (veterans with compensable 
service-connected disability of 30 percent or more). The disability 
must be documented by a notice of retirement of discharge due to 
service-connected disability from active military service dated at any 
time, or by a notice of compensable disability rating from the 
Department of Veterans Affairs, dated 1991 or later;
* * * * *
 [FR Doc. E7-16285 Filed 8-17-07; 8:45 am]
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