83_FR_63276 83 FR 63041 - Veterans' Preference

83 FR 63041 - Veterans' Preference

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range63041-63042
FR Document2018-26265

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.

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018) 
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63041-63042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26265]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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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

63041 Rules and Regulations Federal Register Vol. 83, No. 235 Friday, December 7, 2018 This section of the FEDERAL REGISTER forces during a war, in a campaign or 12866 and Executive Order 13563, contains regulatory documents having general expedition for which a campaign badge which directs agencies to assess all costs applicability and legal effect, most of which has been authorized, or during the and benefits of available regulatory are keyed to and codified in the Code of period beginning April 28, 1952, and alternatives and, if regulation is Federal Regulations, which is published under ending July 1, 1955, is eligible for necessary, to select regulatory 50 titles pursuant to 44 U.S.C. 1510. preference if the spouse of that parent approaches that maximize net benefits The Code of Federal Regulations is sold by is totally and permanently disabled; or (including potential economic, the Superintendent of Documents. that parent, when preference is claimed, environmental, public, health, and is unmarried or, if married, legally safety effects, distributive impacts, and separated from his or her spouse. equity). A regulatory impact analysis OFFICE OF PERSONNEL The Act also replaces 5 U.S.C. must be prepared for major rules with MANAGEMENT 2108(3)(G) to state that the parent of a economically significant effects of $100 service-connected permanently and million or more in any one year. This 5 CFR Part 211 totally disabled veteran is eligible for rule was not designated as a ‘‘significant RIN 3206–AN47 preference if the spouse of that parent regulatory action,’’ under Executive is totally and permanently disabled; or Order 12866 and was not reviewed by Veterans’ Preference that parent, when preference is claimed, the Office of Management and Budget. is unmarried or, if married, legally AGENCY: Office of Personnel separated from his or her spouse. Reducing Regulation and Controlling Management. On December 27, 2016, OPM issued Regulatory Costs ACTION: Final rule. an interim rule at 81 FR 94909, This final rule is not an E.O. 13771 amending 5 CFR 211.102(d) to state that regulatory action because this rule is not SUMMARY: The U.S. Office of Personnel a ‘‘preference eligible’’ is ‘‘a veteran, significant under E.O. 12866. Management (OPM) is issuing a final disabled veteran, sole survivor veteran, rule to implement a statutory change spouse, widow, widower, or parent who Regulatory Flexibility Act pertaining to veterans’ preference. This meets the definition of ‘preference The Office of Personnel Management change is made in response to the Gold eligible’ in 5 U.S.C. 2108.’’ The certifies that this rule will not have a Star Fathers Act of 2015. The Act amendment replaced the word significant economic impact on a broadens the category of individuals ‘‘mother’’ with the word ‘‘parent’’ to substantial number of small entities. eligible for veterans’ preference to conform to the statutory definition. provide that fathers of certain Unfunded Mandates Act of 1995 permanently disabled or deceased Discussion of Comments This rule will not result in the veterans shall be included with mothers During the 60-day comment period expenditure by state, local, and tribal of such veterans as preference eligibles between December 27, 2016 and governments, in the aggregate, or by the for treatment in the civil service. February 27, 2017, OPM received one private sector, of $100 million or more DATES: This rule will be effective comment from an individual. The in any year and it will not significantly January 7, 2019. individual expressed concern that or uniquely affect small governments. absent oversight, agencies will use this Therefore, no actions were deemed FOR FURTHER INFORMATION CONTACT: change to (1) replace their older career necessary under the provisions of the Roseanna Ciarlante by telephone on employees with a non-career workforce, Unfunded Mandates Reform Act of (267) 932–8640, by fax at (202) 606– and (2) circumvent unspecified special 1995. 4430, by TTY at (202) 418–3134, or by hiring authorities. The commenter did email at Roseanna.Ciarlante@opm.gov. Congressional Review Act not articulate how giving the fathers of SUPPLEMENTARY INFORMATION: On certain permanently-disabled or This action pertains to agency October 7, 2015, the Gold Star Fathers deceased veterans the same rights as management, personnel, and Act of 2015 (the ‘‘Act’’) was enacted as mothers would have these effects. organization and does not substantially Public Law 114–62. The Act provides an Because the commenter’s concern is affect the rights or obligations of amendment to the eligibility criteria for unclear and speculative, OPM cannot nonagency parties and, accordingly, is veterans’ preference purposes by address it. not a ‘‘rule’’ as that term is used by the amending subparagraphs (F) and (G) to OPM acknowledges that oversight of Congressional Review Act (Subtitle E of 5 U.S.C. 2108(3). The amendment veterans’ preference is critical. OPM the Small Business Regulatory provides that fathers of certain conducts regular reviews of veterans Enforcement Fairness Act of 1996 permanently disabled or deceased hiring across the Government to ensure (SBREFA)). Therefore, the reporting veterans shall be included with mothers that veterans are receiving the requirement of 5 U.S.C. 801 does not of such veterans as preference eligibles entitlements they have earned in the apply. for treatment in the civil service. The Federal hiring process. We have Act also changes the requirements for Paperwork Reduction Act of 1995 amozie on DSK3GDR082PROD with RULES identified no systemic abuses or issues parents of such veterans to qualify for with veterans’ preference or veterans Notwithstanding any other provision this preference. hiring practices. of law, no person is required to respond The Act replaces 5 U.S.C. 2108(3)(F) to, nor shall any person be subject to a to state that the parent of an individual Regulatory Impact Analysis penalty for failure to comply with a who lost his or her life under honorable OPM has examined the impact of this collection of information subject to the conditions while serving in the armed rule as required by Executive Order requirements of the Paperwork VerDate Sep<11>2014 15:58 Dec 06, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

63042 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations Reduction Act of 1995 (44 U.S.C. 3501 two locality pay areas. Those changes in propose modifying the standard et seq.) (PRA), unless that collection of locality pay area definitions are commuting and GS employment criteria information displays a currently valid applicable on the first day of the first used in the locality pay program to Office of Management and Budget pay period beginning on or after January evaluate, as possible areas of (OMB) Control Number. 1, 2019. Locality pay rates for the six application, locations adjacent to the This rule involves a collection of new locality pay areas will be set by the metropolitan area comprising the basic information subject to the PRA— President. locality pay area. (A basic locality pay Standard Form (SF) 15, Application for DATES: The regulations are effective area is an OMB-defined MSA or CSA on 10-Point Veteran Preference, OMB No. January 5, 2019, and are applicable on which the definition of a locality pay 3206–0001. OPM is currently reinstating the first day of the first pay period area is based, and an area of application this expired collection with changes to beginning on or after January 1, 2019. is a location that is not part of a basic include an expanded population. The FOR FURTHER INFORMATION CONTACT: Joe locality pay area but is included in the systems of record notice for this Ratcliffe by email at pay-leave-policy@ locality pay area. Criteria used to collection is: OPM GOVT–1 (https:// opm.gov or by telephone at (202) 606– establish areas of application were www.opm.gov/information- 2838. explained in the proposed rule.) management/privacy-policy/sorn/opm- SUPPLEMENTARY INFORMATION: Section sorn-govt-1-general-personnel- The proposed rule provided a 30-day 5304 of title 5, United States Code records.pdf). comment period. Accordingly, the Pay (U.S.C.), authorizes locality pay for Agent reviewed comments received List of Subjects in 5 CFR Part 211 General Schedule (GS) employees with through August 8, 2018. After duty stations in the United States and Government employees, Veterans. considering those comments, the Pay its territories and possessions. Section U.S. Office of Personnel Management 5304(f) authorizes the President’s Pay Agent has decided to implement the Alexys Stanley, Agent (the Secretary of Labor, the locality pay area definitions in the Regulatory Affairs Analyst. Director of the Office of Management proposed rule, with two additional and Budget (OMB), and the Director of changes based on recommendations Accordingly, OPM amends part 211 of received from the Federal Salary title 5, Code of Federal Regulations, as the Office of Personnel Management (OPM)) to determine locality pay areas. Council on July 10, 2018. Those changes follows: are the establishment of a new Corpus The boundaries of locality pay areas PART 211—VETERAN PREFERENCE must be based on appropriate factors, Christi-Kingsville-Alice, TX, locality which may include local labor market pay area and establishment of a new ■ 1. The authority citation for part 211 patterns, commuting patterns, and the Omaha-Council Bluffs-Fremont, NE-IA, continues to read as follows: practices of other employers. The Pay locality pay area. Authority: 5 U.S.C. 1302, 2108, 2108a. Agent must give thorough consideration On July 10, 2018—the day after the to the views and recommendations of proposed rule was published—the Pay ■ 2. In § 211.102, revise paragraph (d) the Federal Salary Council, a body introductory text to read as follows: Agent received the Federal Salary composed of experts in the fields of Council’s recommendations for locality § 211.102 Definitions. labor relations and pay policy and pay for January 2019, which included a * * * * * representatives of Federal employee recommendation to establish a Corpus (d) Preference eligible means a organizations. The President appoints Christi-Kingsville-Alice, TX, locality veteran, disabled veteran, sole survivor the members of the Federal Salary pay area and an Omaha-Council Bluffs- veteran, spouse, widow, widower, or Council, which submits annual Fremont, NE-IA, locality pay area. (The parent who meets the definition of recommendations on the locality pay Council’s recommendations for locality ‘‘preference eligible’’ in 5 U.S.C. 2108. program to the Pay Agent. The pay for January 2019 are posted at establishment or modification of locality https://www.opm.gov/policy-data- * * * * * pay area boundaries must conform to [FR Doc. 2018–26265 Filed 12–6–18; 8:45 am] oversight/pay-leave/pay-systems/ the notice and comment provisions of BILLING CODE 6325–39–P general-schedule/federal-salary-council/ the Administrative Procedure Act (5 recommedation17.pdf.) Because the U.S.C. 553). On July 9, 2018, OPM published a Council based that recommendation on OFFICE OF PERSONNEL the same criteria as used for the four proposed rule in the Federal Register on MANAGEMENT new locality pay areas included in the behalf of the Pay Agent. (See 83 FR 31694.) The proposed rule proposed proposed rule, we have approved the 5 CFR Part 531 Council’s recommendation regarding linking locality pay area definitions to RIN 3206–AN64 metropolitan statistical areas (MSAs) the two additional locality pay areas. In and combined statistical areas (CSAs) addition, a number of commenters on General Schedule Locality Pay Areas defined by OMB in OMB Bulletin No. the proposed rule supported the AGENCY: Office of Personnel 18–03, and proposed establishing four establishment of these two additional Management. new locality pay areas: Birmingham- locality pay areas. Accordingly, these Hoover-Talladega, AL; Burlington-South final regulations establish a Corpus ACTION: Final rule. Burlington, VT; San Antonio-New Christi-Kingsville-Alice, TX, locality SUMMARY: On behalf of the President’s Braunfels-Pearsall, TX; and Virginia pay area and an Omaha-Council Bluffs- Pay Agent, the Office of Personnel Beach-Norfolk, VA-NC. The proposed Fremont, NE-IA, locality pay area. As amozie on DSK3GDR082PROD with RULES Management (OPM) is issuing final rule also proposed adding two ‘‘Rest of with the four new locality pay areas regulations to establish six new General U.S.’’ locations to the geographic included in the proposed rule, locality Schedule locality pay areas, make definitions of two existing locality pay pay rates for the two additional new certain changes to the definitions of areas and making minor, clarifying locality pay areas will be set by the existing locality pay areas, and make changes to the names of two locality pay President at a later date after they are minor clarifying changes to the names of areas. The proposed rule did not established by these final regulations. VerDate Sep<11>2014 15:58 Dec 06, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1


Document Created: 2018-12-07 01:52:47
Document Modified: 2018-12-07 01:52:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective January 7, 2019.
ContactRoseanna 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]
FR Citation83 FR 63041 
RIN Number3206-AN47
CFR AssociatedGovernment Employees and Veterans
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