Rule2023-21254
Noncompetitive Appointment of Certain Military Spouses
Primary source
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Published
September 28, 2023
Effective
September 28, 2023
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is issuing interim regulations to implement the changes authorized by the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 on the noncompetitive appointment authority for certain military spouses. These changes extend certain temporary provisions and remove the reporting requirements that were imposed by the NDAA for FY 2019. These changes will continue to enhance the recruitment and hiring of military spouses for permanent Federal positions in the competitive service.
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66677-66679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21254]
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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. 88 , No. 187 / Thursday, September 28, 2023 /
Rules and Regulations
[[Page 66677]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 315
[Docket ID: OPM-2023-0026]
RIN 3206-AO57
Noncompetitive Appointment of Certain Military Spouses
AGENCY: Office of Personnel Management.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to implement the changes authorized by the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2023 on the
noncompetitive appointment authority for certain military spouses.
These changes extend certain temporary provisions and remove the
reporting requirements that were imposed by the NDAA for FY 2019. These
changes will continue to enhance the recruitment and hiring of military
spouses for permanent Federal positions in the competitive service.
DATES: The interim regulations are effective on September 28, 2023.
Comments must be received on or before November 27, 2023.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulation Identifier Number (RIN) and by title, by the following
method:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
All submissions received must include the agency name and docket
number or RIN for this document. The general policy for comments and
other submissions from members of the public is to make these
submissions available for public viewing at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-
1571, fax: 202-606-4430, TDD: 202-418-3134, or email:
<a href="/cdn-cgi/l/email-protection#f69b9f959e939a9a93d8919a8f9898b699869bd8919980"><span class="__cf_email__" data-cfemail="9bf6f2f8f3fef7f7feb5fcf7e2f5f5dbf4ebf6b5fcf4ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 23, 2022, the President signed
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023
(Pub. L. 117-263) (``FY 2023 NDAA''). Section 573(d) of Public Law 115-
232 (``FY 2019 NDAA'') provided for a temporary amendment to 5 U.S.C.
3330d to expand the eligibility for noncompetitive appointment of
spouses currently married to a member of the armed forces on active
duty. Under the FY 2019 NDAA, this authority would have sunset on
August 13, 2023, which is reflected in OPM's current regulations.
Section 1111 of the FY 2023 NDAA extended the temporary amendment until
December 31, 2028.
Section 573(d) of the FY 2019 NDAA required agencies to report
annually to OPM on the number of relocating and non-relocating spouses
of current military members appointed; the types of positions filled
(by title, series, and grade level); and the effectiveness of this
hiring authority. Section 573(d) also required a report to Congress 18
months after enactment that had become obsolete. The FY 2023 NDAA
removed these temporary agency reporting requirements established under
the FY 2019 NDAA. Although the reporting requirements have been removed
from statute, section 3(f) of Executive Order 13832, of May 9, 2018,
Enhancing Noncompetitive Civil Service Appointments of Military
Spouses, imposed similar agency reporting requirements that are still
in effect.
The changes in the FY 2023 NDAA became effective upon the
President's signature. OPM is amending its regulations through this
interim final rule to reflect the provisions of the FY 2023 NDAA.
Waiver of Notice of Proposed Rule Making
OPM is issuing this rulemaking as an interim final rule because it
has determined that, under the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(3)(B), it would be impracticable and contrary to the
public interest to delay a final regulation until a public notice and
comment process has been completed. OPM is also waiving general notice
of proposed rulemaking under the Civil Service Reform Act's parallel
rulemaking provisions at 5 U.S.C. 1103(b)(3) because the interim rule
is necessary to be implemented expeditiously as a result of a statutory
change to enhance the recruitment and employment of military spouses in
the Federal government.
Accordingly, to ensure the regulations accurately reflect the
current state of the law, OPM finds that good cause exists to waive the
general notice of proposed rulemaking pursuant to 5 U.S.C.
553(b)(3)(B). Expeditious issuance of this interim final regulation is
required to prevent confusion in light of the (now invalid) August 13,
2023 sunset date reflected in the regulations for the expanded
eligibility for noncompetitive appointment of spouses married to
members of the armed forces on active duty. OPM will promulgate a final
rule as soon as practical after receiving public comments on the
interim final rule.
Waiver of Delay in Effective Date
Pursuant to 5 U.S.C. 553(d)(3), OPM finds that good cause exists to
waive the delay in effective date and make these regulations effective
in less than 30 days. The delay in effective date is being waived
because the provisions of the law extending the noncompetitive
appointment authority became effective upon enactment, December 23,
2022, and a delay could result in certain military spouses improperly
losing consideration for appointment.
Expected Impact of This Interim Final Rule
A. Statement of Need
OPM is issuing this interim rule to implement statutory changes
codified at 5 U.S.C. 3330d, which extends the eligibility date for
noncompetitive appointment of military spouses married to a member of
the armed forces on active duty; and removes the temporary agency
reporting requirements established under section 573(d) of Public Law
115-232. These changes are required under the provisions of the FY 2023
NDAA.
B. Impact
OPM's interim final rule allows spouses married to members of the
armed forces on active duty to remain
[[Page 66678]]
eligible for noncompetitive appointment under this hiring authority
until December 31, 2028. On May 25, 2023, OPM issued CHCO Memo with
updated guidance for this hiring authority, to include announcing the
sunsetting date, the December 31, 2028 eligibility date, for spouses
married to active duty members of the armed forces.\1\
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\1\ <a href="https://www.chcoc.gov/content/noncompetitive-appointment-certain-military-spouses-questions-and-answers">https://www.chcoc.gov/content/noncompetitive-appointment-certain-military-spouses-questions-and-answers</a>.
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Under the FY 2019 NDAA provisions, these spouses were eligible
until August 12, 2023. We anticipate that these statutory changes will
improve and enhance the effectiveness of the noncompetitive appointment
of these spouses consistent with E.O. 13832, which instructs agencies
to consider military spouses to the greatest extent possible when
filling positions in the competitive service.
C. Regulatory Alternatives
There are no regulatory alternatives to this interim final rule
because OPM is required to implement the statute.
D. Costs
The costs associated with the interim final rule are minimal and
include: the costs associated with the resources needed to process a
potentially higher volume of job applicants for Federal jobs, and the
usual learning curve of implementing a regulatory change. To help
minimize the latter costs, OPM intends to provide technical assistance
upon request to any agency that may require such assistance. Because
agency resources and the potential volume of increased job applicants
vary, OPM cannot monetize the costs of these rules.
E. Benefits
The interim final rule will benefit military spouses married to
military members on active duty and hiring agencies as well. This rule
will make clear that these spouses are eligible for noncompetitive
appointment under this hiring authority until December 31, 2028, the
sunset date of the FY 2023 NDAA provisions. Additionally, this rule
benefits agencies by relieving them of the duplicative reporting
requirements established under the FY 2019 NDAA provisions.
Regulatory Review
Executive Orders 13563, 12866, and 14094 direct 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). In
accordance with the provisions of Executive Order 12866, this interim
final rule was reviewed by the Office of Management and Budget as a
significant regulatory action, but not significant under Section
(3)(f)(1) of Executive Order 14094.
Regulatory Flexibility Act
The Director of OPM 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. 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, OPM has determined that this interim final rule does not
have federalism implications that require preparation of a federalism
summary impact statement.
E.O. 12988, Civil Justice Reform
OPM has determined this interim final rule meets the relevant
standards of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This interim final rule will not result in the expenditure by
State, local or tribal governments or the private sector 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 regulatory action will not impose any reporting or
recordkeeping requirements under the Paperwork Reduction Act.
List of Subjects in 5 CFR Part 315
Government employees.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM amends 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. 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), Sec. 1111, Pub. L. 117-
263, 136 Stat. 2395 (5 U.S.C. 3330d).
Subpart F--Career or Career Conditional Appointment Under Special
Authorities
0
2. Amend Sec. 315.612 by:
0
a. Revising paragraphs (c), (d), and (e) by replacing each occurrence
of ``August 12, 2023'' with ``December 31, 2028''.
0
b. Revising paragraphs (c), (d), and (e) by replacing each occurrence
of ``August 13, 2023'' with ``January 1, 2029''.
0
c. Revising paragraph (h) to read as follows.
Sec. 315.612 Noncompetitive appointment of certain military spouses.
* * * * *
(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;
[[Page 66679]]
(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) Agencies must send their reports electronically to OPM's
Employee Services, VETS Office at <a href="/cdn-cgi/l/email-protection#9ef3f7f2f7eaffece7edeef1ebedfbdef1eef3b0f9f1e8"><span class="__cf_email__" data-cfemail="cca1a5a0a5b8adbeb5bfbca3b9bfa98ca3bca1e2aba3ba">[email protected]</span></a>.
(3) Agencies are also required to send their reports separately and
directly to Department of Labor (DOL) at <a href="/cdn-cgi/l/email-protection#b1dcd8ddc2c1dec4c2d4f1d5dedd9fd6dec7"><span class="__cf_email__" data-cfemail="64090d0817140b11170124000b084a030b12">[email protected]</span></a>.
[FR Doc. 2023-21254 Filed 9-27-23; 8:45 am]
BILLING CODE 6325-39-P
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