Noncompetitive Appointment of Certain Military Spouses, 32304-32308 [2020-10768]

Agencies

• Office of Personnel Management

[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32304-32308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10768]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Proposed 
Rules

[[Page 32304]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 315

RIN 3206-AM76


Noncompetitive Appointment of Certain Military Spouses

AGENCY: Office of Personnel Management.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is proposing 
regulations which will 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 
authority and to carry out certain provisions of Executive Order 13832 
of May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of 
Military Spouses. OPM is proposing to revise the current text to: 
Conform the eligibility criteria for appointment of military spouses to 
intervening statutory requirements and add agency reporting 
requirements.

DATES: Comments must be received on or before July 28, 2020.

ADDRESSES: You may submit comments, identified by the docket number or 
Regulation Identifier Number (RIN) for this proposed rulemaking, by any 
of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for sending comments.
    All submissions must include the agency name and docket number or 
RIN for this rulemaking. Please arrange and identify your comments on 
the regulatory text by subpart and section number; if your comments 
relate to the supplementary information, please refer to the heading 
and page number. All comments received will be posted without change, 
including any personal information provided. Please ensure your 
comments are submitted within the specified open comment period. 
Comments received after the close of the comment period will be marked 
``late,'' and OPM is not required to consider them in formulating a 
final decision. Before acting on this proposal, OPM will consider all 
comments we receive on or before the closing date for comments. Changes 
to this proposal may be made in light of the comments we receive.

FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-
1571, fax: 202-606-3340, TDD: 202-418-3134, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: OPM is making these changes to give effect 
to 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 imposing permanent agency reporting 
requirements.

2008, E.O. 13473--The Original Authority and OPM's Implementing 
Regulations

    On September 25, 2008, the President issued Executive Order (E.O.) 
13473 allowing agencies to make noncompetitive appointments of certain 
military spouses of members of the Armed Forces. OPM implemented this 
E.O. via final regulations which were published in the Federal Register 
(FR) on August 12, 2009, at 74 FR 40471, and amended on August 31, 
2011, at 76 FR 54071. OPM's rules implemented the noncompetitive hiring 
authority for certain military spouses created by the Executive Order. 
Under this hiring authority, eligible spouses included, subject to 
other criteria specified in the final rule, the following categories of 
military spouses: Those who were relocating with their service member 
spouse as a result of permanent change of station (PCS) orders, spouses 
of service members who incurred a 100 percent disability because of the 
service member's active duty service, and the un-remarried widows or 
widowers of service members killed while on active duty. For a spouse 
using this authority pursuant to a member's PCS orders, OPM's 
implementing rules restricted the number of permanent appointments an 
eligible spouse could receive to one per each set of PCS orders. (OPM 
did not restrict the number of permanent appointments the spouse of a 
disabled or deceased member of the Armed Forces could receive under its 
original regulations.) OPM's original implementing rules also 
established a two-year limitation on the period of time during which 
the authority could be used.
    2011, 76 Federal Register 54071--In 2011, OPM amended these rules 
to eliminate the 2-year eligibility limitation for spouses of service 
members who incurred a 100 percent disability or who were killed while 
on active duty. 76 FR 54071 (Aug. 31, 2011). This change was based upon 
findings provided by the Department of the Navy demonstrating that 
spouses experienced difficulty using the authority, in these 
circumstances, within the 2 years provided. 76 FR 13100, 13100 (March 
10, 2011).

The FY 2013 NDAA

    On January 2, 2013, the President signed the FY 2013 NDAA. Section 
566(a) of this Act codified in statute, at 5 U.S.C. 3330d, the hiring 
authority previously created by E.O. 13743 and added a provision 
limiting the spouse of a disabled or deceased member of the Armed 
Forces to one permanent appointment pursuant to this authority. OPM is 
proposing to amend the current text of its regulations to reflect this 
change and expressly limit to one the number of permanent appointments 
an eligible spouse of a disabled or deceased member of the Armed Forces 
may receive under these provisions. We are proposing these changes to 
conform our regulations to this statutory provision. When positing a 
job opportunity announcement (JOA) on USAJOBS agencies can specify this 
requirement in the JOA and/or use the assessment questionnaire to ask 
whether military spouse applicants have previously received a permanent 
appointment under this hiring authority.
    The FY 2013 NDAA also addressed the question of geographic 
location. OPM's current regulation at Sec.  315.612(c)(3) states that, 
for spouses of relocating members, use of the military

[[Page 32305]]

spouse authority ``is limited to the geographic area, as specified on 
the service member's permanent change of station orders,'' and that 
this area ``includes the service member's duty station and the 
surrounding area from which people reasonably can be expected to travel 
daily to and from work,'' but also provides that ``[t]he head of an 
agency, or his or her designee, may waive this limitation . . . if no 
Federal agency exists in the spouse's geographic area.'' The FY 2013 
NDAA, however, addressed geographic area in a manner that superseded an 
aspect of OPM's regulations. The statute provided that the appointment 
of a relocating spouse ``may only be to a position the duty station for 
which is within the geographic area of the permanent duty station of 
the member of the Armed Forces, unless there is no agency with a 
position with a duty station within the geographic area of the 
permanent duty station of the member of the Armed Forces.'' (Emphasis 
supplied). That statute, therefore, eliminated the need for the 
relocating spouse to obtain a waiver in order for the spouse to apply, 
or an agency to consider the spouse, for a position outside the 
geographic area when no agency exists in the spouse's geographic area. 
OPM proposes to amend the text of its current regulation to align with 
this provision, in a new paragraph (c)(5). In light of subsequent 
developments, discussed below, however, neither the changes imposed by 
the FY 2013 NDAA nor the conforming amendments to OPM's regulation will 
take effect until 12:01 a.m. Eastern Time on August 13, 2023.\1\
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    \1\ The FY 2019 NDAA temporarily makes spouses of active duty 
members generally eligible without having to establish a relocation 
pursuant to PCS orders. Accordingly, at present, there is no need to 
reference conditions of eligibility under that prong of the original 
authority. That provision will expire on August 12, 2023.
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The FY 2017 NDAA

    Currently, the text of OPM's regulations, as amended through 2011, 
purports to limit the eligibility of relocating spouses of members of 
the Armed Forces to 2 years from the date of the Armed Forces member's 
PCS orders. On December 23, 2016, however, the President signed the FY 
2017 NDAA. Section 1131 of that Act amended section 3330d(c) of title 
5, United States Code to specify that, thereafter, there would be no 
time limitation on eligibility for relocating spouses of the Armed 
Forces. Under the amended statute, a spouse of a member of the Armed 
Forces relocating pursuant to the member's PCS orders would remain 
eligible for noncompetitive appointment under this section for the 
duration of the spouse's relocation to the permanent duty station of 
the service member. OPM proposes to amend its regulations to align with 
this provision, although this statutory provision and the conforming 
OPM amendments also will have no effect until August 13, 2023.\2\
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    \2\ See note 1, above.
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2018, E.O. 13832

    On May 9, 2018, the President issued E.O. 13832, which was intended 
to enhance noncompetitive civil service appointments of military 
spouses. The E.O. states the policy of the United States is to enhance 
employment support for military spouses. Agencies are directed, to the 
greatest extent possible consistent with hiring needs, to indicate in 
their Job Opportunity announcement (JOA) for positions in the 
competitive service that they will consider candidates under the 
noncompetitive military spouse authority in addition to any other 
hiring authority the JOA indicates the agency will consider. Section 
3(b) of the E.O. directs agencies to actively advertise and promote the 
military spouse hiring authority and solicit applications from military 
spouses for positions advertised via USAJOBS and any other means the 
agency wishes to use.
    Section 3(f) of the Executive Order imposes an annual reporting 
requirement upon agencies, beginning in December 2019, so that OPM can 
fulfill its obligation in section 4 to provide an annual report to the 
President regarding the implementation of his order. The Executive 
Order requires agencies to report to OPM and the Department of Labor on 
the following information:
     The number of positions made available under the military 
spouse hiring authority,
     the number of applications submitted under the military 
spouse hiring authority,
     the number of military spouses appointed under the 
military spouse hiring authority during the preceding fiscal year, and
     actions taken to advertise the military spouse hiring 
authority, and any other actions taken to promote the hiring of 
military spouses.
    OPM is proposing to amend its regulations to add this requirement 
to the permanent text. OPM proposes to amend its permanent regulations 
to add a new paragraph (h) to align with this provision.
    Agencies will have to decide how they will keep track of the 
information collected from the effective date of E.O. 13832, to the 
effective date of this proposal as this E.O. required agencies to begin 
reporting by December 2019. The timeframes regarding OPM's issuance of 
final regulations for this hiring authority does not impact the 
reporting date required by the E.O.
    As stated in E.O. 13832 dated May 9, 2018, agencies are required to 
begin reporting to OPM and the Department of Labor in Fiscal Year 2019, 
by December 31 of each year. On March 1, 2019, and September 27, 2019, 
OPM issued Memorandums for Human Resources Directors advising agencies 
that they must submit reports no later than December 31, 2019. As a 
reminder, these OPM policy guidance memorandums, which include 
information on agency reporting requirements, are located on the OPM 
website, on the Chief Human Capital Officer's webpage at: https://www.chcoc.gov/content/recent-changes-noncompetitive-hiring-authority-military-spouses and https://www.chcoc.gov/content/agency-non-competitive-hiring-authority-military-spouses-annual-reporting. As 
contained in proposed section 315.612(h)(1), E.O. 13832 further 
requires agencies to report separately to the Department of Labor. OPM 
will remind agencies of this requirement in its supplemental policy Q&A 
guidance.
    The FY 2019 NDAA, discussed immediately below, contained a 
temporary reporting requirement, apparently limited to the spouses of 
current members of the Armed Forces on active duty, regardless of 
whether or not they relocate with the member. See Public Law 115-232 
section 573(d) (Aug. 13, 2018). That temporary reporting requirement 
overlaps the requirement in the E.O. to a degree but is also somewhat 
different. In other words, the data being reported is a subset of the 
data being reported in accordance with the E.O. We discuss our 
resolution of these separate requirements below.

FY 2019 NDAA

    On August 13, 2018, the President signed the FY 2019 NDAA. Section 
573 of the NDAA, which sunsets in five years from the date of enactment 
(i.e., the end of the day on August 12, 2023), temporarily amends 
several provisions of 5 U.S.C. 3330d, governing the military spouse 
noncompetitive hiring authority, including the need for spouses of 
members currently on active duty to meet existing eligibility criteria 
relating to relocation pursuant to PCS

[[Page 32306]]

orders. Section 573(a) eliminates the eligibility criterion that was 
based on the contingency that the spouse was relocating with a military 
member on PCS orders and replaced it with one that includes all spouses 
of members of the armed forces on active duty. Section 573(a) also 
eliminates 5.U.S.C. 3330d(c), Special rules regarding relocating 
spouses. In accordance with revised 5 U.S.C. 3330d(b), the head of an 
agency may now appoint noncompetitively: The spouse of a member of the 
armed forces on active duty, or a spouse of a 100 percent disabled or 
deceased member of the armed forces. The NDAA makes any spouse of a 
military member on active duty eligible for noncompetitive appointment 
under this hiring authority and eliminates geographic restrictions that 
would otherwise apply under the statute.
    On March 1, 2019, OPM issued a Memorandum for Chief Human Capital 
Officers advising of two provisions (FY 2019 NDAA and E.O. 13832) that 
would significantly impact this hiring authority; and imposes temporary 
reporting requirements. As another reminder, OPM encourages readers to 
view OPM's more detailed policy guidance at: https://www.chcoc.gov/content/recent-changes-noncompetitive-hiring-authority-military-spouses.
    Because of the sunset provision, OPM's proposed rule provides both 
for temporary exceptions to the permanent rules necessitated by the FY 
2019 NDAA and for eventual changes to the permanent regulations, which 
will be revived on August 13, 2023 but which do not yet conform to 
changes effected by the FY 2013 and 2017 NDAAs. These changes appear at 
Sec. Sec.  315.612(a) Agency Authority, 315.612(b) Definitions, 
315.612(c) Eligibility, 315.612(d) Conditions, and 315.612(e) Proof of 
Eligibility. Renumbering of these sections is proposed where 
appropriate. The definition of Permanent change of station was 
intentionally removed as it no longer applies for the next five years 
(i.e., until August 13, 2023).
    As noted above, the FY 2019 NDAA also contained a temporary 
reporting requirement specific to the spouses of active duty service 
members that will sunset on August 13, 2023. Section 573(d) requires 
agencies to report to OPM on an annual basis (i.e., by December 31 of 
each year) on:
     The number of relocating and non-relocating spouses of 
current military members appointed under this authority;
     the types of positions filled; and
     the effectiveness of this hiring authority.
    OPM is proposing to add temporary text to section 315.612(h)(2) to 
cover agency reporting requirements that differ from the President's 
requirement. The proposed rule at subsection 315.612(h)(2)(ii) requires 
agencies to collect information on both types of spouses and to record 
these distinctions as appointments are made for inclusion in their 
reports to OPM.
    Proposed section 315.612(h)(2)(ii) requires agencies to report on 
the types of positions filled under this authority. OPM is proposing 
that agencies provide data specific to the title, series, and grade 
level of positions filled under this authority.
    Agencies must comply with the reporting requirements in both 
proposed 5 CFR 315.612(h)(1) and (2) until August 13, 2023. On August 
13, 2023, and thereafter agencies will comply with only proposed 5 CFR 
315.612(h)(1). OPM is proposing to make these necessary changes to 
conform our regulations to permanent changes to 5 U.S.C. 3330d required 
by the 2013 and 2017 NDAAs and a new reporting requirement imposed by 
E.O. 13832, as well to reflect the temporary requirements added by the 
2019 NDAA. Following sunset of the temporary requirements, OPM's 
regulations will be deemed to revert to the permanent regulations, 
i.e., the current regulations, as revised pursuant to the FY 2013 NDAA 
and the FY 2017 NDAA.
    How agencies should report in 2023, will depend on whether Congress 
chooses to continue these provisions after the August 13, 2023, date. 
In the absence of Congress passing any new statutes on this issue, 
agencies should comply with only proposed 5 CFR 315.612(h)(1) 
pertaining to E.O. 13832.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant 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.

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 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

    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 (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 proposing to amend 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, 3301, and 3302; E.O. 10577, 3 CFR, 
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.

    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, 3 CFR, 1978 Comp. p. 
111.

[[Page 32307]]

    Sec. 315.606 also issued under E.O. 11219, 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, 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, Pub. L. 112-239, Sec. 
566; Pub. L. 114-328, Sec. 1131; Pub. L. 115-232, Sec. 573; and E.O. 
13832.
    Sec. 315.708 also issued under E.O. 13318, 3 CFR, 2004 Comp. p. 
265.
    Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1978 Comp. p. 
264, also issued under E.O. 13832 and Pub. L. 115-232, Sec. 573.

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. For purposes of this section:
    (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) 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. 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, these criteria do not apply):
    (i) The member of the armed forces must have received orders 
authorizing a permanent change of station.
    (ii) 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.
    (iii) 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) Effective 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 
(b)(4)(i) of this section may receive unlimited noncompetitive 
appointments under this section to permanent positions through August 
12, 2023. Effective 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 
(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) 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 documentation 
verifying active duty status and documentation verifying marriage to 
the member of the armed forces (i.e., a marriage certificate or other 
legal documentation verifying marriage). 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, this requirement 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., 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:

[[Page 32308]]

    (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; and
    (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 section 
573(d), 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 at [email protected].
    (4) Agencies are also required to send their reports separately and 
directly to Department of Labor (DOL) at [email protected].

[FR Doc. 2020-10768 Filed 5-28-20; 8:45 am]
BILLING CODE 6325-39-P