Noncompetitive Appointment of Certain Military Spouses, 32304-32308 [2020-10768]
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32304
Proposed Rules
Federal Register
Vol. 85, No. 104
Friday, May 29, 2020
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.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 315
RIN 3206–AM76
Noncompetitive Appointment of
Certain Military Spouses
Office of Personnel
Management.
ACTION: Proposed rule; request for
comments.
AGENCY:
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.
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SUMMARY:
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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: michelle.glynn@
opm.gov.
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
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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
§ 315.612(c)(3) states that, for spouses of
relocating members, use of the military
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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
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
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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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
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.
2 See
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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-changesnoncompetitive-hiring-authoritymilitary-spouses and https://
www.chcoc.gov/content/agency-noncompetitive-hiring-authority-militaryspouses-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
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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-noncompetitivehiring-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 §§ 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 nonrelocating spouses of current military
members appointed under this
authority;
• the types of positions filled; and
• the effectiveness of this hiring
authority.
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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,
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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
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.
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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 CareerConditional Appointment Under
Special Authorities
2. In § 315.612, revise paragraphs (a)
through (e) and add paragraph (h) to
read as follows:
■
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§ 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.
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(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 unremarried 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
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(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:
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jbell on DSKJLSW7X2PROD with PROPOSALS
32308
Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Proposed Rules
(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 nonrelocating 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 militaryspouse@opm.gov.
(4) Agencies are also required to send
their reports separately and directly to
Department of Labor (DOL) at
Merens.Nathan.P@DOL.gov.
[FR Doc. 2020–10768 Filed 5–28–20; 8:45 am]
BILLING CODE 6325–39–P
VerDate Sep<11>2014
16:14 May 28, 2020
Jkt 250001
Response; telephone: 301–287–3789;
email: Eric.Schrader@nrc.gov; both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 50 and 52
RIN 3150–AJ68
Emergency Preparedness for Small
Modular Reactors and Other New
Technologies
Nuclear Regulatory
Commission.
ACTION: Proposed rule and guidance;
correction.
AGENCY:
The Nuclear Regulatory
Commission (NRC) is correcting a
proposed rule that appeared in the
Federal Register on May 12, 2020. The
NRC is proposing to amend its
regulations to include new alternative
emergency preparedness requirements
for small modular reactors and other
new technologies, such as non-lightwater reactors and certain non-power
production or utilization facilities. This
action is necessary to correct a
definition.
SUMMARY:
Effective May 29, 2020.
You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0225. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Robert Beall, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington DC
20555; telephone: 301–415–3874; email:
Robert.Beall@nrc.gov; or Eric Schrader,
Office of Nuclear Security and Incident
DATES:
ADDRESSES:
PO 00000
Frm 00005
Fmt 4702
The NRC
published a proposed rule in the
Federal Register on May 12, 2020 (85
FR 28436), to amend its regulations to
create an alternative emergency
preparedness framework for small
modular reactors and other new
technologies.
On page 28460, in the first column,
second paragraph, fourth line correct
the definition ‘‘Non-power production
or utilization facility’’ to read as follows:
Non-power production or utilization
facility means a production or
utilization facility, licensed under
§ 50.21(a) or (c), or § 50.22, as
applicable, that is not a nuclear power
reactor or a production facility as
defined under paragraphs (1) and (2) of
the definition of Production facility in
this section.
SUPPLEMENTARY INFORMATION:
[NRC–2015–0225]
Sfmt 4702
Dated May 20, 2020.
For the Nuclear Regulatory Commission.
Pamela J. Shepherd-Vladimir,
Acting Chief, Regulatory Analysis and
Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial
Support, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2020–11228 Filed 5–28–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0049; Product
Identifier 2017–CE–031–AD]
RIN 2120–AA64
Airworthiness Directives; Textron
Aviation Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
The FAA is revising an earlier
proposal for certain Textron Aviation
Inc. (Textron) Model 172N, 172P, 172Q,
172RG, F172N, F172P, FR172K, R172K,
182E, 182F, 182G, 182H, 182J, 182K,
182L, 182M, 182N, 182P, 182Q, 182R,
T182, F182P, F182Q, F182RG, R182,
TR182, 206, P206/TP206, U206/TU206,
207/T207, 210–5 (205), 210–5A (205A),
210B, 210C, 210D, 210E, 210F, and
T210F airplanes. This action revises the
SUMMARY:
E:\FR\FM\29MYP1.SGM
29MYP1
Agencies
[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]
========================================================================
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.
========================================================================
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\2\ See note 1, above.
---------------------------------------------------------------------------
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