Rule2024-11825
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
May 31, 2024
Effective
May 31, 2024
Issuing agencies
Personnel Management Office
Abstract
This final rule adopts, without change, an interim final rule implementing the changes authorized by the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 regarding 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 89 Issue 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47067-47068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11825]
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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. 89, No. 106 / Friday, May 31, 2024 / Rules
and Regulations
[[Page 47067]]
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: Final rule.
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SUMMARY: This final rule adopts, without change, an interim final rule
implementing the changes authorized by the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2023 regarding 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: This final rule is effective on May 31, 2024.
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#abc6c2c8c3cec7c7ce85ccc7d2c5c5ebc4dbc685ccc4dd"><span class="__cf_email__" data-cfemail="15787c767d707979703b72796c7b7b557a65783b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 28, 2023, the Office of
Personnel Management (OPM) published an interim final rule in the
Federal Register at 88 FR 66677 to implement changes authorized by the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 on
the noncompetitive appointment authority for certain military spouses.
OPM made these changes to implement provisions in the FY 2023 NDAA,
Public Law 117-263. 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
was reflected in OPM's 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 amended its regulations through the interim
final rule to reflect the provisions of the FY 2023 NDAA.
Comments Received on the Interim Final Rule
Although the interim final rule was effective immediately upon
publication, OPM provided a 60-day comment period, which ended November
27, 2023. OPM received nine comments on the interim rule: one comment
from a federal agency and four individual comments. Four other
individual comments were not responsive to the subject matter discussed
in the rule and contained privacy protected information.
One Federal agency (comment OPM-2023-0026-006) recommended OPM
remove the reference to ``. . . January 1, 2029, or later . . .'' in 5
CFR 315.612(e)(1)(ii). The interim final rule allows spouses married to
members of the armed forces on active duty to remain eligible for non-
competitive appointment until December 31, 2028. In accordance with the
FY 2023 NDAA, on January 1, 2029, eligibility for spouses married to
members of the armed forces on active duty will require the spouse to
be indicated on the service member's permanent change of station (PCS)
orders. The agency suggested that a military spouse should be eligible
for appointment after January 1, 2029, regardless of the date of the
PCS orders. OPM cannot adopt this suggestion. Section 573 of the FY
2019 NDAA amended 5 U.S.C. 3330d by, among other things, authorizing
the head of an agency to appoint noncompetitively the spouse of a
member of the armed forces on active duty. This amendment was
originally to sunset in August 2023, but has since been extended until
December 31, 2028, by the FY 2023 NDAA. After December 31, 2028, the
statutory provisions will require a military spouse to have PCS orders
dated January 1, 2029, or later to be eligible for noncompetitive
appointment. The statute did not give OPM the authority to waive or
modify this date.
Another individual (OPM-2023-0026-0004) did not support OPM's
interim final rule. This commenter stated that special considerations
for military spouses negatively impacts recruitment of the best and
brightest individuals for Federal jobs. OPM does not share this view
and does not have discretion in implementing this provision, which was
mandated by statute. Furthermore, OPM notes that several noncompetitive
and excepted service hiring authorities have been codified to groups of
applicants in obtaining Federal employment.
Another individual (OPM-2023-0026-0005) suggested OPM apply these
rules to spouses of the Department of State's Foreign Service. This
commenter stated Foreign Service spouses face strains similar to those
of military families, such as frequent moves overseas, without
receiving the same level of support that military spouses receive. OPM
cannot adopt this suggestion because the implementing statute does not
provide for noncompetitive appointment of spouses of Foreign Service
personnel unless otherwise eligible under these provisions.
Another commenter (OPM-2023-0026-0002) provided positive feedback
and fully supported the swift implementation and expedited effective
date, saying that the interim final rule ensured that the regulations
accurately
[[Page 47068]]
reflect the current statute. OPM appreciates this comment.
A different commenter (OPM-2023-0026-0003) generally supported the
interim final rule. This individual stated that, although spouses of
active-duty members face the hardship challenges of finding employment,
the change to the recruitment date would give them a positive
advantage. This commenter suggested that if the intent of the rule is
to enhance the recruitment and hiring of military spouses for permanent
Federal positions in the competitive service then OPM should remove the
January 1, 2029 date. OPM appreciates this comment but notes the
January 1, 2029 recruitment date is specified in statute and that OPM
cannot alter it via regulation.
OPM is adopting the interim final rule with no changes.
Expected Impact of This Final Rule
This final rule adopts, without change, the interim final rule
implementing statutory changes codified at 5 U.S.C. 3330d, which
extended the eligibility date for noncompetitive appointment of
military spouses married to a member of the armed forces on active duty
until December 31, 2028, and removed the temporary agency reporting
requirements established under section 573(d) of Public Law 115-232.
OPM did not receive any comments on the costs identified in the interim
final rule. The final rule will benefit military spouses married to
military members on active duty and hiring agencies by reflecting the
statutorily revised sunset date for the noncompetitive appointment
hiring authority in the FY 2023 NDAA. This rule also benefits agencies
by removing duplicative reporting requirements originally established
under the FY 2019 NDAA provisions.
Administrative Procedure Act
On September 28, 2023, OPM published an interim final rule (88 FR
66677) and determined that there was a basis under the Administrative
Procedure Act for issuing the interim final rule with immediate effect.
OPM has considered all relevant input and information contained in the
comments submitted in response to the interim final rule and has
concluded that no changes to the interim final rule are warranted. OPM
is adopting the provisions of the interim final rule as a final rule
with no changes.
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). The
Office of Management and Budget has determined that this final rule is
not a ``significant regulatory action'' under Section (3)(f) Executive
Order 12866, as amended by Executive Order 14094.
Regulatory Flexibility Act
The Director of OPM certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
because it applies only to Federal agencies and employees.
Federalism
This final rule 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 final rule does not have
federalism implications that require preparation of a federalism
summary impact statement.
Civil Justice Reform
OPM has determined this final rule meets the relevant standards of
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This final rule will not result in the expenditure by State, local
or tribal governments, in the aggregate, or by the private sector of
more than $100 million annually. Thus, no written assessment of
unfunded mandates is required.
Congressional Review Act
OMB's Office of Information and Regulatory Affairs has determined
this final rule does not satisfy the criteria listed in 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.
Kayyonne Marston,
Federal Register Liaison.
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
Accordingly, the interim rule published in the Federal Register on
September 28, 2023, at 88 FR 66677, amending 5 CFR part 315, is adopted
as final without change.
[FR Doc. 2024-11825 Filed 5-30-24; 8:45 am]
BILLING CODE 6325-39-P
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