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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

77833 

Vol. 79, No. 248 

Monday, December 29, 2014 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 211 

RIN 3206–AM79 

Veterans’ Preference 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is issuing an 

interim rule to implement statutory 

changes pertaining to veterans’ 

preference. We are making this change 

in response to the Hubbard Act, which 

broadened the category of individuals 

eligible for veterans’ preference; and to 

implement the VOW (Veterans 

Opportunity to Work) to Hire Heroes 

Act of 2011, which requires Federal 

agencies to treat certain active duty 

service members as preference eligibles 

for purposes of an appointment to the 

competitive service, even though the 

service members have not been 

discharged or released from active duty 

and do not have a Department of 

Defense (DD) Form 214, Certificate of 

Release or Discharge from Active Duty. 

In addition, OPM is updating its 

regulations to reference existing 

requirements for the order of 

consideration for traditional rating and 

ranking of candidates, as well as the 

alternative ranking and selection 

procedure called ‘‘category rating;’’ to 

more clearly state the existing 

requirements for order of consideration 

in excepted service hiring; and to add a 

reference to the end date of Operation 

Iraqi Freedom, which affected veteran 

status and preference eligibility. This 

action will align OPM’s regulations with 

the existing statute. 

DATES: Interim rule effective December 

29, 2014; comments must be received on 

or before February 27, 2015. 

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 proposed 

rulemaking. 

You may also send, deliver, or fax 

comments to Kimberly A. Holden, 

Deputy Associate Director for 

Recruitment and Hiring, Employee 

Services, U.S. Office of Personnel 

Management, Room 6351D, 1900 E 

Street NW., Washington, DC 20415– 

9700; email at employ@opm.gov or fax 

at (202) 606–2329. 

FOR FURTHER INFORMATION CONTACT: 

Michael Gilmore by telephone on (202) 

606–2429, by fax at (202) 606–4430, by 

TTY at (202) 418–3134, or by email at 

Michael.gilmore@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Implementation of the Hubbard Act 

On August 29, 2008, the Hubbard Act 

(the ‘‘Act’’) was enacted as Public Law 

110–317. The Act provides an 

amendment to the eligibility categories 

for veterans’ preference purposes by 

adding subparagraph (H) to title 5, 

United States Code (U.S.C.) section 

2108(3). The amendment provides a 

new preference eligible category that 

includes veterans discharged or released 

from a period of active duty from the 

armed forces by reason of sole 

survivorship. The Act applies with 

respect to any sole survivorship 

discharge or release from the armed 

forces granted after August 29, 2008. 

Section 10(c) of the Act defines a 

‘‘sole survivorship discharge’’ as the 

separation of a member from the armed 

forces, at the request of the member, 

pursuant to Department of Defense 

policy permitting the early separation of 

a member who is the only surviving 

child in a family in which the father or 

mother or one or more siblings (1) 

served in the armed forces; (2) was 

killed, died as a result of wounds, 

accident, or disease, is in a captured or 

missing in action status, or is 

permanently 100 percent disabled or 

hospitalized on a continuing basis (and 

is not employed gainfully because of the 

disability or hospitalization); and (3) 

death, status, or disability did not result 

from the intentional misconduct or 

willful neglect of the parent or sibling 

and was not incurred during a period of 

unauthorized absence. 

The Act added 5 U.S.C. 2108(3)(H) to 

state that a subclass of ‘‘veteran’’ as 

defined in 5 U.S.C. 2108(1)—those with 

a sole survivorship discharge or 

release—must be treated as preference 

eligibles. Yet preexisting provisions, 5 

U.S.C. 2108(3)(A) and (B), already stated 

that a ‘‘veteran,’’ as defined in 5 U.S.C. 

2108(1), must be treated as a preference 

eligible. A plain-language reading of the 

statute therefore renders section 

2108(3)(H) superfluous. This is contrary 

to the statute’s clear purpose, however, 

which is to extend additional benefits to 

service members whose active duty 

service has been cut short by a sole 

survivorship discharge or release, as 

documented in the Act’s legislative 

history. See 154 Cong. Rec. H7276 (Feb. 

29, 2008); 154 Cong. Rec. S8004 (Aug. 

1, 2008). It is also contrary to the 

principle that laws should not be 

interpreted to render them superfluous, 

and that veterans’ statutes should be 

construed to the benefit of veterans. 

Pursuant to its interpretive authority in 

5 U.S.C. 1302, OPM has therefore 

determined that 5 U.S.C. 2108(3)(H) 

affords preference to a service member 

who would meet the definition of a 

‘‘veteran’’ in 5 U.S.C. 2108(1) if his or 

her qualifying periods of military 

service had not been interrupted by the 

sole survivorship discharge or release. 

OPM is adding a new paragraph (c) to 

section 211.102 of title 5, Code of 

Federal Regulations (CFR), to define a 

‘‘sole survivor veteran’’ in accordance 

with this interpretation. 

For example, 5 U.S.C. 2108(1)(D) 

requires 180 consecutive days of 

qualifying service, followed by a 

discharge or release under honorable 

conditions, for the individual to be a 

‘‘preference eligible’’ under this part. 

Under paragraph (c) of this interim rule, 

an individual whose active duty is cut 

short at fewer than 180 days by a sole 

survivorship discharge or release, and 

who meets the other requirements for 

veterans’ preference eligibility, would 

still be entitled to preference eligibility. 

As described in greater detail below, 

OPM is revising 5 CFR 211.102 to add 

a new paragraph (d)(4) to explain how 

veterans’ preference applies during 

examinations that use alternative 

ranking and selection procedures 

(category rating). OPM is also revising 

this section to renumber, as paragraph 

mstockstill on DSK4VPTVN1PROD with RULES

77834 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

(d)(1), a preexisting explanation of how 

veterans’ preference applies during 

examinations that use traditional 

ranking and selection procedures, and 

to add, as paragraph (d)(2), a crossreference to the existing provision, 5 

CFR 332.401, that describes the order on 

registers in greater detail. OPM is 

adding paragraph (d)(3) to explain how 

veterans’ preference applies when 

filling positions in the excepted service 

under 5 CFR part 302. This section also 

renumbers, as paragraph (d)(5), a 

preexisting explanation of how veterans’ 

preference applies in reductions in 

force. Under these paragraphs, as 

prescribed by 5 U.S.C. 3309 and 3319, 

a person who acquires veterans’ 

preference due to a sole survivorship 

discharge or release does not receive 

veterans’ preference points, but is 

entitled to be listed ahead of nonpreference eligibles under either 

numerical or category rating; and is also 

entitled to higher retention standing as 

a ‘‘preference eligible’’ in the event of a 

reduction in force as described in 5 CFR 

part 351 subpart E. 

Although outside the scope of this 

rulemaking, OPM notes that a person 

who acquires veterans’ preference due 

to a sole survivorship discharge or 

release also receives other important 

benefits, including, for example, the 

right to credit experience in the armed 

forces to meet the qualification 

requirements for Federal jobs under 5 

U.S.C. 3311, and the right to ‘‘pass over’’ 

protections during the hiring process 

under 5 U.S.C. 3318 and 5 CFR 332.406. 

OPM notes that to qualify for 

veterans’ preference, a discharge or 

release from active duty must be under 

honorable conditions. OPM expresses 

no opinion on the circumstances under 

which a sole survivorship discharge or 

release could ever be under other than 

honorable conditions and therefore 

disqualifying for veterans’ preference 

eligibility. The Department of Defense is 

responsible for administering and 

characterizing discharges from the 

armed forces, as we note in section 

211.102(g) of our interim rule. OPM 

plans to provide updated guidance in its 

Delegated Examining Operations 

Handbook, VetGuide, and all related 

materials. 

Implementation of the VOW (Veterans 

Opportunity To Work) To Hire Heroes 

Act 

On November 21, 2011, President 

Obama signed the VOW to Hire Heroes 

Act of 2011 (title II of Pub. L. 112–56). 

This Act amends chapter 21 of 5 U.S.C. 

by adding section 2108a, ‘‘Treatment of 

certain individuals as veterans, disabled 

veterans, and preference eligibles.’’ In 

this section, Federal agencies are 

required to treat active duty service 

members as veterans, disabled veterans, 

and preference eligibles consistent with 

section 2108a when they submit, at the 

time they apply for a Federal job, a 

certification that they are expected to be 

honorably discharged or released from 

active duty within 120 days after the 

date of submission. Section 2108a 

applies, by its terms, to appointments in 

the competitive service, but the VOW to 

Hire Heroes Act did not amend 5 U.S.C. 

3320, under which the veterans’ 

preference requirements of 5 U.S.C. 

3308 through 3318 also apply to the 

excepted service when possible. See 5 

CFR part 302. 

A member of the armed forces may 

start his or her civilian job search prior 

to discharge or release from active duty 

and thus will not have a Department of 

Defense (DD) Form 214, Certificate of 

Release or Discharge from Active Duty, 

when applying for Federal jobs. Section 

2108a ensures that an individual does 

not lose the opportunity to be 

considered for Federal jobs (and 

awarded their veterans’ preference 

entitlements) despite not having a DD 

Form 214 to submit along with a 

re ́sume ́. 

Federal agencies must accept an 

application from, and consider for 

appointment and apply veterans’ 

preference to, any service member who 

submits a ‘‘certification’’ in lieu of a DD 

Form 214, assuming he or she is 

otherwise eligible. Under 5 U.S.C. 

2108a(a)(2) and (b)(2), the 

‘‘certification’’ is a ‘‘certification that the 

individual is expected to be separated 

from active duty service in the armed 

forces under honorable conditions not 

later than 120 days after the date of the 

submission of the certification.’’ Also, 

under 5 U.S.C. 2108a(a)(1)(B) and 

(b)(1)(B), the submission must be made 

‘‘to the Federal officer making the 

appointment.’’ To comply with 5 U.S.C. 

2108a, OPM is amending the existing 

definitions of a ‘‘veteran’’ and a 

‘‘disabled veteran’’ in 5 CFR 211.102(a) 

and 211.102(b) to include a service 

member with a certification, as 

described in a new paragraph (h) of this 

section, that he or she is expected to be 

discharged or released from active duty 

in the armed forces under honorable 

conditions within 120 days. 

However, OPM does not construe the 

statute to require the submission to be 

made in the first instance to the officer 

who makes the appointment. Veterans’ 

preference for Federal employment is 

not adjudicated and awarded by the 

appointing officer. Rather, by statute, 

veterans’ preference is awarded earlier 

in the hiring process, at the time of 

examination. See 5 U.S.C. 3313(2) and 

3319(b). The specific requirements for 

documenting veterans’ preference, 

including the deadlines for submitting 

documentation, are prescribed by each 

agency in its job opportunity 

announcements under 5 U.S.C. 

3330(c)(2) and 5 CFR 330.104(a)(13). 

Further, agencies operate under 

established application receipt 

procedures, pursuant to delegated 

examining agreements under 5 CFR 

250.102. To require one class of 

applicants—those still in active duty 

service—to wait until the end of the 

appointment process to submit their 

veterans’ preference documentation, 

after veterans’ preference has already 

been awarded to the other applicants, 

would have the effect of either 

depriving this class of applicants of 

their preference, or of requiring 

disruptive retroactive corrections in the 

selection process. OPM therefore, in 

paragraph (h) of the regulations, 

construes the statute to require the 

submission of the certification at that 

stage of the examination when, by 

statute and regulation, it can actually be 

considered: during the hiring process, at 

the time of application and in the 

manner prescribed by the job 

opportunity announcement. 

This rule supersedes OPM’s previous 

guidance issued on June 15, 2012 in a 

Chief Human Capital Officer 

memorandum—VOW (Veterans 

Opportunity to Work) to Hire Heroes 

Act of 2011), which defines 

‘‘certification as any written document 

from the armed forces that certifies the 

service member is expected to be 

discharged or released from active duty 

service in the armed forces under 

honorable conditions not later than 120 

days after the date the certification is 

signed.’’ To clarify, under the interim 

rule, as well as the statute, the 

certification is of an expected discharge 

or release within 120 days after the 

certificate is submitted, not within 120 

days after the certificate is signed. 

Further, under paragraph (h) of the rule, 

agencies are required to verify a 

qualifying separation from military 

service prior to appointment, through 

the DD 214 or other appropriate 

documentation. 

OPM plans to clarify in implementing 

guidance that the certification letter 

should be on letterhead of the 

appropriate military branch of the 

service and contain (1) the military 

service dates including the expected 

discharge or release date; and (2) the 

character of service. The service 

member’s military service dates are 

necessary in order to determine whether 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77835 

he or she meets the definition of 

‘‘veteran’’ under 5 U.S.C. 2108(1). 

In the definition of a ‘‘disabled 

veteran,’’ OPM is retaining the reference 

to service members who have been 

‘‘discharged or released,’’ even though 

the term used in 5 U.S.C. 2108a(b) is 

‘‘separated.’’ This conforms to OPM’s 

longstanding interpretation that 5 U.S.C. 

2108(2) extends disabled veterans’ 

preference eligibility to qualifying 

individuals who have been ‘‘discharged 

or released’’ from active duty under 

honorable conditions, even though that 

section, like section 2108a(b), refers 

only to those who have ‘‘separated.’’ See 

72 FR 12031, 12032 (March 15, 2007); 

71 FR 33375, 33376 (June 9, 2006). OPM 

does not propose to amend the 

requirements for proof of disability in 5 

CFR 211.102(b). The VOW to Hire 

Heroes Act did not change the 

requirements related to proof of 

disability prescribed by 5 U.S.C. 

2108(2). 

OPM is amending section 211.102(d) 

to state that for reductions in force 

(RIFs), veterans’ preference does not 

apply to persons not yet discharged or 

released from active duty. This is 

because the VOW Act, in 5 U.S.C. 

2108a(a)(1) and 2108a(b)(1), makes such 

persons eligible for veterans’ preference 

only for purposes of ‘‘making an 

appointment in the competitive 

service,’’ not for retention standing 

during RIFs. 

End of Operation Iraqi Freedom 

Veterans’ preference eligibility has 

also changed with President Obama’s 

announcement of the official end of 

combat missions in Iraq (Operation Iraqi 

Freedom) as of August 31, 2010 (see 

Daily Comp. Pres. Docs., DCPD No. 

201000716, p. 1). Under 5 U.S.C. 

2108(1)(D), any individual serving on 

active duty for more than 180 days, any 

part of which occurred between 

September 11, 2001, and the end date of 

Operation Iraqi Freedom is entitled to 

veterans’ preference, regardless of 

whether he or she was deployed to Iraq. 

Because the specific end date of August 

31, 2010, has been set for Operation 

Iraqi Freedom, individuals whose initial 

active duty military service begins on or 

after September 1, 2010, will not be 

entitled to veterans’ preference under 

section 2108(1)(D). OPM is therefore 

updating the definition of ‘‘Veteran’’ in 

5 CFR 211.102(a)(6) by replacing the 

reference to the last day of Operation 

Iraqi Freedom with a specific reference 

to August 31, 2010. Veterans’ preference 

is still available to service members 

whose initial active duty military 

service begins on or after September 1, 

2010, under a separate provision of 

statute, 5 U.S.C. 2108(1)(A), if service is 

‘‘during a war, [or] in a campaign or 

expedition for which a campaign badge 

has been authorized.’’ This is reflected 

in paragraphs (a)(1) and (a)(2) of section 

211.102 of the interim rule. 

Category Rating 

OPM is amending 5 CFR 211.102 to 

reference, in new paragraph (d)(4), the 

existing requirements for veterans’ 

preference under the alternative ranking 

and selection procedure called 

‘‘category rating.’’ Under category rating, 

within each quality category established 

by the agency, preference eligibles are 

listed ahead of individuals who are not 

preference eligibles. For other than 

scientific and professional positions at 

GS–9 (or equivalent) grade level or 

higher, qualified preference eligibles 

who have a compensable serviceconnected disability of 10 percent or 

more are listed in the highest quality 

category. The regulations governing 

category rating are in 5 CFR part 337, 

subpart C. 

Excepted Service Examinations 

Under 5 U.S.C. 3313, ‘‘[t]he names of 

preference eligibles shall be entered 

ahead of others having the same rating.’’ 

By operation of 5 U.S.C. 3320, OPM’s 

examining procedures in 5 CFR 302.304 

for appointment in the excepted service 

must follow these requirements. Yet 

section 302.304 does not explicitly say 

that preference eligibles are to be listed 

ahead of persons with the same ratings 

who are not preference eligibles. OPM is 

adding a new paragraph (d)(3) in section 

211.102 to state this requirement. 

Moreover, OPM notes its June 15, 2012 

memo to agencies, titled ‘‘VOW 

(Veterans Opportunity to Work) to Hire 

Heroes Act of 2011,’’ stated that 5 U.S.C. 

2108a does not apply to excepted 

appointments. OPM has reconsidered 

this position and has concluded that by 

operation of 5 U.S.C. 3320, section 

2108a does apply to appointments in 

the excepted service. OPM has also 

clarified that preference eligibles are 

listed ahead of non-preference eligibles 

if numerical scores are not assigned. 

Technical Amendments 

OPM is amending the authority 

citation to add a reference to 5 U.S.C. 

2108a. OPM is also amending 5 CFR 

211.102(d) to state that a ‘‘preference 

eligible’’ is ‘‘a veteran, disabled veteran, 

sole survivor veteran, spouse, widow, 

widower, or mother who meets the 

definition of ‘preference eligible’ in 5 

U.S.C. 2108.’’ This amendment expands 

the regulatory definition to better 

conform to the statutory definition. 

OPM is removing the definition of 

‘‘uniformed services.’’ The definition is 

unnecessary because the term is not 

used anywhere else in the regulation. 

Finally OPM is internally renumbering 

section 211.102. 

Waiver of Notice of Proposed 

Rulemaking 

Pursuant to 5 U.S.C. 553(b)(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 that agencies 

understand their obligations under 5 

U.S.C. 2108(3) and 2108a and do not 

unwittingly deny veterans’ preference 

based upon the outdated existing 

regulations. If OPM’s regulations were 

permitted to remain as written while 

OPM solicited comments upon its 

proposed revisions, service members 

who expect to be honorably discharged 

within 120 days, or whose prior release 

or discharge from active duty was on the 

basis of sole survivorship, may be 

inadvertently denied veterans’ 

preference in Federal hiring based upon 

the current language in regulations. 

Accordingly, the notice otherwise 

required is impracticable because it 

would impede due and timely execution 

of agencies’ functions. The revised 

language in this interim rule will ensure 

service members receive their statutory 

entitlement to veterans’ preference. 

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. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director. 

Accordingly, OPM revises part 211 of 

title 5, Code of Federal Regulations to 

read as follows: 

PART 211—VETERAN PREFERENCE 

Sec. 

211.101 Purpose. 

211.102 Definitions. 

211.103 Administration of preference. 

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

§ 211.101 Purpose. 

The purpose of this part is to define 

veterans’ preference and the 

mstockstill on DSK4VPTVN1PROD with RULES

77836 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

administration of preference in Federal 

employment. (5 U.S.C. 2108, 2108a) 

§ 211.102 Definitions. 

For the purposes of preference in 

Federal employment, the following 

definitions apply: 

(a) Veteran means a person who has 

been discharged or released from active 

duty in the armed forces under 

honorable conditions, or who has a 

certification as defined in paragraph (h) 

of this section, if the active duty service 

was performed: 

(1) In a war; 

(2) In a campaign or expedition for 

which a campaign badge has been 

authorized; 

(3) During the period beginning April 

28, 1952, and ending July 1, 1955; 

(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; 

(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 August 31, 2010, 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, or who has a certification 

as defined in paragraph (h) of this 

section, and who has established the 

present existence of a service-connected 

disability or is receiving compensation, 

disability retirement benefits, or a 

pension because of a statute 

administered by the Department of 

Veterans Affairs or a military 

department. 

(c) Sole survivor veteran means a 

person who was discharged or released 

from a period of active duty after August 

29, 2008, by reason of a sole 

survivorship discharge (as that term is 

defined in 10 U.S.C. 1174(i)), and who 

meets the definition of a ‘‘veteran’’ in 

paragraph (a) of this section, with the 

exception that he or she is not required 

to meet any of the length of service 

requirements prescribed by paragraph 

(a). 

(d) Preference eligible means a 

veteran, disabled veteran, sole survivor 

veteran, spouse, widow, widower, or 

mother who meets the definition of 

‘‘preference eligible’’ in 5 U.S.C. 2108. 

(1) Preference eligibles other than sole 

survivor veterans are entitled to have 5 

or 10 points added to their earned score 

on a civil service examination in 

accordance with 5 U.S.C. 3309. 

(2) Under numerical ranking and 

selection procedures for competitive 

service hiring, preference eligibles are 

entered on registers in in the order 

prescribed by section 332.401 of this 

chapter. 

(3) Under excepted service examining 

procedures in part 302 of this chapter, 

preference eligibles are listed ahead of 

persons with the same ratings who are 

not preference eligibles, or listed ahead 

of non-preference eligibles if numerical 

scores have not been assigned. 

(4) Under alternative raking and 

selection procedures, i.e., category 

rating, preference eligibles are listed 

ahead of individuals who are not 

preference eligibles in accordance with 

5 U.S.C. 3319. 

(5) Preference eligibles, other than 

those who have not yet been discharged 

or released from active duty, are 

accorded a higher retention standing 

than non-preference eligibles in the 

event of a reduction in force in 

accordance with 5 U.S.C. 3502. 

(6) Veterans’ preference does not 

apply, however, to inservice placement 

actions such as promotions. 

(e) Armed forces means the United 

States Army, Navy, Air Force, Marine 

Corps, and Coast Guard. 

(f) Active duty or active military duty: 

(1) For veterans defined in paragraphs 

(a)(1) through (3) and disabled veterans 

defined in paragraph (b) of this section, 

means active duty with military pay and 

allowances in the armed forces, and 

includes training, determining physical 

fitness, and service in the Reserves or 

National Guard; and 

(2) For veterans defined in paragraphs 

(a)(4) through (6) of this section, means 

full-time duty with military pay and 

allowances in the armed forces, and 

does not include training, determining 

physical fitness, or service in the 

Reserves or National Guard. 

(g) Discharged or released from active 

duty means with either an honorable or 

general discharge from active duty in 

the armed forces. The Departments of 

Defense is responsible for administering 

and defining military discharges. 

(h) Certification means any written 

document from the armed forces that 

certifies the service member is expected 

to be discharged or released from active 

duty service in the armed forces under 

honorable conditions not later than 120 

days after the date the certification is 

submitted for consideration in the 

hiring process, at the time and in the 

manner prescribed by the applicable job 

opportunity announcement. Prior to 

appointment, the service member’s 

character of service and qualifying 

discharge or release must be verified 

through a DD form 214 or equivalent 

documentation. 

§ 211.103 Administration of preference. 

Agencies are responsible for making 

all preference determinations except for 

preference based on a common law 

marriage. Such a claim must be referred 

to OPM’s General Counsel for decision. 

[FR Doc. 2014–30295 Filed 12–24–14; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 37 

RIN 1601–AA74 

[Docket No. DHS–2006–0030] 

Minimum Standards for Driver’s 

Licenses and Identification Cards 

Acceptable by Federal Agencies for 

Official Purposes 

AGENCY: Office of the Secretary, DHS. 

ACTION: Final rule. 

SUMMARY: Pursuant to REAL ID 

regulations, beginning December 1, 

2014, federal agencies may not accept 

State-issued driver’s licenses or 

identification cards for official purposes 

from individuals born after December 1, 

1964, unless the license or card is REAL 

ID-compliant and was issued by a 

compliant State as determined by DHS. 

Also, beginning December 1, 2017, 

federal agencies may not accept driver’s 

licenses or identification cards for 

official purposes from any individual 

unless the card is REAL ID-compliant 

and was issued by a compliant State as 

determined by DHS. This final rule 

changes both document enrollment 

dates to October 1, 2020. Nothing in this 

rule affects the prohibition against 

federal agencies accepting for official 

purposes licenses and identification 

cards issued by noncompliant States, 

pursuant to the REAL ID Act and in 

accordance to the phased enforcement 

schedule. 

DATES: Effective on December 29, 2014. 

FOR FURTHER INFORMATION CONTACT: Ted 

Sobel, Director, Office of State-Issued 

Identification Support, Screening 

Coordination Office, Department of 

Homeland Security, Washington, DC 

20528, (202) 282–9570. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with RULES