[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63041-63042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26265]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / 
Rules and Regulations  

[[Page 63041]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 211

RIN 3206-AN47


Veterans' Preference

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
final rule to implement a statutory change pertaining to veterans' 
preference. This change is made in response to the Gold Star Fathers 
Act of 2015. The Act broadens 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.

DATES: This rule will be effective January 7, 2019.

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 [email protected].

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.
    On December 27, 2016, OPM issued an interim rule at 81 FR 94909, 
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.'' The amendment replaced the word ``mother'' with the 
word ``parent'' to conform to the statutory definition.

Discussion of Comments

    During the 60-day comment period between December 27, 2016 and 
February 27, 2017, OPM received one comment from an individual. The 
individual expressed concern that absent oversight, agencies will use 
this change to (1) replace their older career employees with a non-
career workforce, and (2) circumvent unspecified special hiring 
authorities. The commenter did not articulate how giving the fathers of 
certain permanently-disabled or deceased veterans the same rights as 
mothers would have these effects. Because the commenter's concern is 
unclear and speculative, OPM cannot address it.
    OPM acknowledges that oversight of veterans' preference is 
critical. OPM conducts regular reviews of veterans hiring across the 
Government to ensure that veterans are receiving the entitlements they 
have earned in the Federal hiring process. We have identified no 
systemic abuses or issues with veterans' preference or veterans hiring 
practices.

Regulatory Impact Analysis

    OPM has examined the impact of this rule as required by Executive 
Order 12866 and Executive Order 13563, which directs agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public, 
health, and safety effects, distributive impacts, and equity). A 
regulatory impact analysis must be prepared for major rules with 
economically significant effects of $100 million or more in any one 
year. This rule was not designated as a ``significant regulatory 
action,'' under Executive Order 12866 and was not reviewed by the 
Office of Management and Budget.

Reducing Regulation and Controlling Regulatory Costs

    This final rule is not an E.O. 13771 regulatory action because this 
rule is not significant under E.O. 12866.

Regulatory Flexibility Act

    The Office of Personnel Management certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of nonagency parties and, accordingly, is not a ``rule'' as 
that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

Paperwork Reduction Act of 1995

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork

[[Page 63042]]

Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number.
    This rule involves a collection of information subject to the PRA--
Standard Form (SF) 15, Application for 10-Point Veteran Preference, OMB 
No. 3206-0001. OPM is currently reinstating this expired collection 
with changes to include an expanded population. The systems of record 
notice for this collection is: OPM GOVT-1 (https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-govt-1-general-personnel-records.pdf).

List of Subjects in 5 CFR Part 211

    Government employees, Veterans.

U.S. Office of Personnel Management
Alexys Stanley,
Regulatory Affairs Analyst.

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

PART 211--VETERAN PREFERENCE

0
1. The authority citation for part 211 continues to read as follows:

    Authority: 5 U.S.C. 1302, 2108, 2108a.


0
2. In Sec.  211.102, revise 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. 2018-26265 Filed 12-6-18; 8:45 am]
 BILLING CODE 6325-39-P