Rule2021-20308
Noncompetitive Appointment of Certain Military Spouses
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2021
Effective
October 21, 2021
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is issuing final regulations to modify the provisions governing the recruitment and employment of certain military spouses in Federal agencies to conform to statutory mandates affecting the rules governing this hiring authority and to carry out certain provisions of an Executive order of May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of Military Spouses. OPM is revising the current text to conform the eligibility criteria for appointment of military spouses to intervening statutory requirements and add agency reporting requirements. The intent of this hiring authority is to enhance the recruitment and noncompetitive appointment of certain military spouses for permanent Federal positions in the competitive service.
Full Text
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<title>Federal Register, Volume 86 Issue 180 (Tuesday, September 21, 2021)</title>
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[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Rules and Regulations]
[Pages 52395-52397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20308]
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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. 86, No. 180 / Tuesday, September 21, 2021 /
Rules and Regulations
[[Page 52395]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 315
RIN 3206-AM76
Noncompetitive Appointment of Certain Military Spouses
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to modify the provisions governing the recruitment and
employment of certain military spouses in Federal agencies to conform
to statutory mandates affecting the rules governing this hiring
authority and to carry out certain provisions of an Executive order of
May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of
Military Spouses. OPM is revising the current text to conform the
eligibility criteria for appointment of military spouses to intervening
statutory requirements and add agency reporting requirements. The
intent of this hiring authority is to enhance the recruitment and
noncompetitive appointment of certain military spouses for permanent
Federal positions in the competitive service.
DATES: This rule is effective October 21, 2021.
FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-
1571, fax: 202-606-3340, TDD: 202-418-3134, or email:
<a href="/cdn-cgi/l/email-protection#8ee3e7ede6ebe2e2eba0e9e2f7e0e0cee1fee3a0e9e1f8"><span class="__cf_email__" data-cfemail="b2dfdbd1dad7deded79cd5decbdcdcf2ddc2df9cd5ddc4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 29, 2020, the Office of Personnel
Management (OPM) published proposed regulations in the Federal Register
at 85 FR 32304 to modify the provisions governing the hiring authority
for certain military spouses. OPM made these changes to effect
provisions contained in the Fiscal Year (FY) 2013 National Defense
Authorization Act (NDAA), Public Law 112-239, section 566, subsequently
codified at 5 U.S.C. 3330d; the FY 2017 NDAA, Public Law 114-328,
section 1131, which amended 5 U.S.C. 3330d(c); and the FY 2019 NDAA,
Public Law 115-232, section 573, which temporarily amends 5 U.S.C.
3330d and imposes a temporary reporting requirement on OPM; as well as
certain provisions of E.O. 13832 of May 9, 2018, Enhancing
Noncompetitive Civil Service Appointments of Military Spouses, imposing
permanent agency reporting requirements. OPM received one comment on
the proposed rule from an individual.
The individual recommends that OPM use the term ``temporary'' in
conjunction with ``noncompetitive'' when describing or referring to
this hiring authority. OPM is not adopting this suggestion. Agencies
may appoint eligible spouses to positions on a permanent, term, or
temporary basis under this authority. The regulations in 5 CFR part 316
currently provide for noncompetitive appointment of certain military
spouses on a term or temporary basis (Sec. 316.301.302(b)(3) for term
employment and Sec. 316.402(b)(3) for temporary limited employment).
OPM is adopting the proposed regulation with one minor change to
the email address for submission of agency's yearly reports to
Department of Labor.
Regulatory Flexibility Act
The Office of Personnel Management Director certifies that this
regulation will not have a significant economic impact on a substantial
number of small entities because it applies only to Federal agencies
and employees.
E.O. 13563 and E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 13563 and 12866.
E.O. 13132, Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
E.O. 12988, Civil Justice Reform
This regulation meets the applicable standard set forth in section
3(a) and (b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local or
tribal governments of more than $100 million annually. Thus, no written
assessment of unfunded mandates is required.
Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules
(as defined in 5 U.S.C. 804) to be submitted to Congress before taking
effect. OPM will submit to Congress and the Comptroller General of the
United States a report regarding the issuance of this action before its
effective date, as required by 5 U.S.C. 801. OMB's Office of
Information and Regulatory Affairs has determined that this is not a
``major rule'' as defined by the Congressional Review Act (5 U.S.C.
804(2)).
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)
This final regulatory action will not impose any additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects in 5 CFR Part 315
Government employees.
Office of Personnel Management
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is amending 5 CFR part 315 as follows:
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
1. The authority citation for part 315 is revised to read as follows:
Authority: 5 U.S.C. 1302, 2301, 2302, 3301, and 3302; E.O.
10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; and E.O. 13162,
65 FR 43211, 3 CFR, 2000 Comp., p. 283, unless otherwise noted.
Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and
3652.
Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104.
Sec. 315.603 also issued under 5 U.S.C. 8151.
Sec. 315.605 also issued under E.O. 12034, 43 FR 1917, 3 CFR,
1978 Comp., p. 111.
[[Page 52396]]
Sec. 315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR,
1964-1965 Comp., p. 303.
Sec. 315.607 also issued under 22 U.S.C. 2560.
Sec. 315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR,
1990 Comp., p. 293.
Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611
also issued under 5 U.S.C. 3304(f).
Sec. 315.612 also issued under E.O. 13473, 73 FR 56703, 3 CFR,
2008 Comp., p. 241; Sec. 566, Pub. L. 112-239, 126 Stat. 1632 (5
U.S.C. 3330d); Sec. 1131, Pub. L. 114-328, 130 Stat. 2000 (5 U.S.C.
3330d(c)); Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C.
3330d); and E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 808.
Sec. 315.708 also issued under E.O. 13318, 68 FR 66317, 3 CFR,
20043 Comp., p. 265.
Sec. 315.710 also issued under E.O. 12596, 52 FR 17537, 3 CFR,
1987 Comp., p. 229; E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p.
808; and Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C. 3330d).
Subpart F--Career or Career Conditional Appointment Under Special
Authorities
0
2. In Sec. 315.612, revise paragraphs (a) through (e) and add
paragraph (h) to read as follows:
Sec. 315.612 Noncompetitive appointment of certain military spouses.
(a) Agency authority. In accordance with the provisions of this
section, an agency head may appoint noncompetitively a spouse of a
member of the armed forces serving on active duty, a spouse of a 100
percent disabled service member injured while on active duty, or the
un-remarried widow or widower of a service member who was killed while
performing active duty.
(b) Definitions--(1) Active duty means full-time duty in the armed
forces, including full-time National Guard duty, except that for
Reserve Component members the term ``active duty'' does not include
training duties or attendance at service schools.
(2) Armed forces has the meaning given that term in 10 U.S.C. 101.
(3) Duty station means the permanent location to which a member of
the armed forces is assigned for duty as specified on the individual's
permanent change of station (PCS) orders.
(4) Member of the armed forces or service member means an
individual who:
(i) Is serving on active duty in the armed forces or serving under
orders specifying the individual is called or ordered to active duty
for more than 180 consecutive days;
(ii) Retired or was released or discharged from active duty in the
armed forces and has a disability rating of 100 percent as documented
by the Department of Veterans Affairs; or
(iii) Was killed while serving on active duty in the armed forces.
(5) Spouse means the husband or wife of a member of the armed
forces.
(c) Eligibility. (1)(i) A spouse of a member of the armed forces as
defined in paragraph (b)(4)(i) of this section must be currently
married to the member of the armed forces on active duty.
(ii) For appointments made on or after August 13, 2023, the
following additional criteria must be met for eligibility for
appointment (for appointments made prior to or on August 12, 2023, the
criteria in this paragraph (c)(1)(ii) does not apply):
(A) The member of the armed forces must have received orders
authorizing a permanent change of station.
(B) The spouse must have married the member of the armed forces on,
or prior to, the date of such orders authorizing the permanent change
of station.
(C) The spouse must have relocated or is relocating with the member
of the armed forces to the new duty station specified in the
documentation ordering the permanent change of station.
(2) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(ii) of this section must be currently married to the
member of the armed forces.
(3) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(iii) of this section must be the un-remarried widow or
widower of the member of the armed forces killed on active duty in the
armed forces.
(4) Except as indicated in paragraph (c)(5) of this section,
noncompetitive appointment of eligible spouses under this section are
not restricted to a geographical location.
(5) Beginning August 13, 2023, the noncompetitive appointment of a
relocating spouse of a member of the armed forces as defined in
paragraph (b)(4)(i) of this section is limited to the geographic area
of the permanent duty station of the member of the armed forces, unless
there is no agency with a position within the geographic area of the
permanent duty station of the member of the armed forces.
(d) Conditions. (1) In accordance with the provisions of this
section, a spouse is eligible for noncompetitive appointment:
(i) From the date of documentation verifying the spouse's marriage
to a member of the armed forces as defined in paragraph (b)(4)(i) of
this section, where the spouse seeks appointment based upon marriage to
an active duty member of the armed forces;
(ii) From the date of documentation verifying that the member of
the armed forces is 100 percent disabled, where the spouse seeks
appointment based upon marriage to a member defined in paragraph
(b)(4)(ii) of this section; or
(iii) From the date of documentation verifying that the member of
the armed forces was killed while on active duty where the spouse seeks
appointment as the widow or widower of a member defined in paragraph
(b)(4)(iii) of this section.
(2) The spouse of a member of the armed forces as defined in
paragraph (b)(4)(i) of this section may receive unlimited
noncompetitive appointments under this section to permanent positions
through August 12, 2023. Beginning August 13, 2023, the spouse of such
a member may receive a noncompetitive appointment under this section if
the member receives permanent change of station orders and is limited
to one such appointment per permanent change of station.
(3) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(ii) or (iii) of this section may receive only one
noncompetitive appointment under this section to a permanent position.
(4) Any law, Executive order, or regulation that disqualifies an
applicant for appointment also disqualifies a spouse for appointment
under this section.
(e) Proof of eligibility. (1)(i) Prior to appointment, the spouse
of a member of the armed forces as defined in paragraph (b)(4)(i) of
this section must submit to the employing agency copies of:
(A) Documentation verifying active duty status; and
(B) Documentation verifying marriage to the member of the armed
forces (i.e., a marriage certificate or other legal documentation
verifying marriage).
(ii) For appointments made on or after August 13, 2023, the spouse
must also submit to the employing agency a copy of the service member's
orders reflecting a permanent change of station, dated August 13, 2023,
or later. (For appointments made on or before August 12, 2023, the
requirement of this paragraph (e)(1)(ii) does not apply.)
(2) Prior to appointment, the spouse of a member of the armed
forces as defined in paragraph (b)(4)(ii) of this section must submit
to the employing agency copies of:
(i) Documentation showing the member of the armed forces retired,
or was released or discharged from active duty, with a disability
rating of 100 percent; and
(ii) Documentation verifying marriage to the member of the armed
forces (i.e.,
[[Page 52397]]
a marriage license or other legal documentation verifying marriage).
(3) Prior to appointment, the spouse of a member of the armed
forces as defined in paragraph (b)(4)(iii) of this section must submit
to the employing agency copies of:
(i) Documentation showing the member was released or discharged
from active duty due to his or her death while on active duty;
(ii) Documentation verifying the member of the armed forces was
killed while serving on active duty;
(iii) Documentation verifying the widow or widower's marriage to
the member of the armed forces (i.e., a marriage license or other legal
documentation verifying marriage); and
(iv) A statement certifying that the individual seeking to use the
authority is the un-remarried widow or widower of the service member.
* * * * *
(h) Agency reporting requirements. (1) As required by Executive
Order 13832, each agency shall report annually (by December 31st of
each year) to OPM and the Department of Labor on:
(i) The number of positions made available under the military
spouse hiring authority;
(ii) The number of applications submitted under the military spouse
hiring authority;
(iii) The number of military spouses appointed under the military
spouse hiring authority during the preceding fiscal year; and
(iv) Actions taken to advertise the military spouse hiring
authority, and any other actions taken to promote the hiring of
military spouses.
(2) As required by section 573(d) of Public Law 115-232, each
agency shall report annually until August 13, 2023, and separate from
the report required in paragraph (h)(1) of this section on the
following:
(i) The number of relocating and non-relocating spouses of current
military members appointed under this authority;
(ii) The types of positions filled (by title, series, and grade
level); and
(iii) The effectiveness of this hiring authority.
(3) Agencies should send their reports electronically to OPM's
Employee Services, VETS Office at <a href="/cdn-cgi/l/email-protection#95f8fcf9fce1f4e7ece6e5fae0e6f0d5fae5f8bbf2fae3"><span class="__cf_email__" data-cfemail="cfa2a6a3a6bbaebdb6bcbfa0babcaa8fa0bfa2e1a8a0b9">[email protected]</span></a>.
(4) Agencies are also required to send their reports separately and
directly to Department of Labor (DOL) at <a href="/cdn-cgi/l/email-protection#b9d4d0d5cac9d6cccadcf9ddd6d597ded6cf"><span class="__cf_email__" data-cfemail="264b4f4a5556495355436642494a08414950">[email protected]</span></a>.
[FR Doc. 2021-20308 Filed 9-20-21; 8:45 am]
BILLING CODE 6325-39-P
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