Noncompetitive Appointment of Certain Military Spouses, 52395-52397 [2021-20308]
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52395
Rules and Regulations
Federal Register
Vol. 86, No. 180
Tuesday, September 21, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 315
RIN 3206–AM76
Noncompetitive Appointment of
Certain Military Spouses
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing final
regulations to modify the provisions
governing the recruitment and
employment of certain military spouses
in Federal agencies to conform to
statutory mandates affecting the rules
governing this hiring authority and to
carry out certain provisions of an
Executive order of May 9, 2018,
Enhancing Noncompetitive Civil Service
Appointments of Military Spouses. OPM
is revising the current text to conform
the eligibility criteria for appointment of
military spouses to intervening statutory
requirements and add agency reporting
requirements. The intent of this hiring
authority is to enhance the recruitment
and noncompetitive appointment of
certain military spouses for permanent
Federal positions in the competitive
service.
DATES: This rule is effective October 21,
2021.
FOR FURTHER INFORMATION CONTACT:
Michelle Glynn, telephone: 202–606–
1571, fax: 202–606–3340, TDD: 202–
418–3134, or email: michelle.glynn@
opm.gov.
SUPPLEMENTARY INFORMATION: On May
29, 2020, the Office of Personnel
Management (OPM) published proposed
regulations in the Federal Register at 85
FR 32304 to modify the provisions
governing the hiring authority for
certain military spouses. OPM made
these changes to effect provisions
contained in the Fiscal Year (FY) 2013
National Defense Authorization Act
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SUMMARY:
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(NDAA), Public Law 112–239, section
566, subsequently codified at 5 U.S.C.
3330d; the FY 2017 NDAA, Public Law
114–328, section 1131, which amended
5 U.S.C. 3330d(c); and the FY 2019
NDAA, Public Law 115–232, section
573, which temporarily amends 5 U.S.C.
3330d and imposes a temporary
reporting requirement on OPM; as well
as certain provisions of E.O. 13832 of
May 9, 2018, Enhancing Noncompetitive
Civil Service Appointments of Military
Spouses, imposing permanent agency
reporting requirements. OPM received
one comment on the proposed rule from
an individual.
The individual recommends that
OPM use the term ‘‘temporary’’ in
conjunction with ‘‘noncompetitive’’
when describing or referring to this
hiring authority. OPM is not adopting
this suggestion. Agencies may appoint
eligible spouses to positions on a
permanent, term, or temporary basis
under this authority. The regulations in
5 CFR part 316 currently provide for
noncompetitive appointment of certain
military spouses on a term or temporary
basis (§ 316.301.302(b)(3) for term
employment and § 316.402(b)(3) for
temporary limited employment).
OPM is adopting the proposed
regulation with one minor change to the
email address for submission of
agency’s yearly reports to Department of
Labor.
to warrant preparation of a Federalism
Assessment.
Regulatory Flexibility Act
List of Subjects in 5 CFR Part 315
Government employees.
The Office of Personnel Management
Director certifies that this regulation
will not have a significant economic
impact on a substantial number of small
entities because it applies only to
Federal agencies and employees.
E.O. 13563 and E.O. 12866, Regulatory
Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with E.O. 13563 and 12866.
E.O. 13132, Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
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E.O. 12988, Civil Justice Reform
This regulation meets the applicable
standard set forth in section 3(a) and
(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local or tribal
governments of more than $100 million
annually. Thus, no written assessment
of unfunded mandates is required.
Congressional Review Act
The Congressional Review Act (5
U.S.C. 801 et seq.) requires rules (as
defined in 5 U.S.C. 804) to be submitted
to Congress before taking effect. OPM
will submit to Congress and the
Comptroller General of the United
States a report regarding the issuance of
this action before its effective date, as
required by 5 U.S.C. 801. OMB’s Office
of Information and Regulatory Affairs
has determined that this is not a ‘‘major
rule’’ as defined by the Congressional
Review Act (5 U.S.C. 804(2)).
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35)
This final regulatory action will not
impose any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Office of Personnel Management
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is amending 5 CFR
part 315 as follows:
PART 315—CAREER AND CAREER–
CONDITIONAL EMPLOYMENT
1. The authority citation for part 315
is revised to read as follows:
■
Authority: 5 U.S.C. 1302, 2301, 2302, 3301,
and 3302; E.O. 10577, 19 FR 7521, 3 CFR,
1954–1958 Comp., p. 218; and E.O. 13162, 65
FR 43211, 3 CFR, 2000 Comp., p. 283, unless
otherwise noted.
Secs. 315.601 and 315.609 also issued
under 22 U.S.C. 3651 and 3652.
Secs. 315.602 and 315.604 also issued
under 5 U.S.C. 1104.
Sec. 315.603 also issued under 5 U.S.C.
8151.
Sec. 315.605 also issued under E.O. 12034,
43 FR 1917, 3 CFR, 1978 Comp., p. 111.
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
Sec. 315.606 also issued under E.O. 11219,
30 FR 6381, 3 CFR, 1964–1965 Comp., p. 303.
Sec. 315.607 also issued under 22 U.S.C.
2560.
Sec. 315.608 also issued under E.O. 12721,
55 FR 31349, 3 CFR, 1990 Comp., p. 293.
Sec. 315.610 also issued under 5 U.S.C.
3304(c). Sec. 315.611 also issued under 5
U.S.C. 3304(f).
Sec. 315.612 also issued under E.O. 13473,
73 FR 56703, 3 CFR, 2008 Comp., p. 241; Sec.
566, Pub. L. 112–239, 126 Stat. 1632 (5 U.S.C.
3330d); Sec. 1131, Pub. L. 114–328, 130 Stat.
2000 (5 U.S.C. 3330d(c)); Sec. 573, Pub. L.
115–232, 132 Stat. 1636 (5 U.S.C. 3330d); and
E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp.,
p. 808.
Sec. 315.708 also issued under E.O. 13318,
68 FR 66317, 3 CFR, 20043 Comp., p. 265.
Sec. 315.710 also issued under E.O. 12596,
52 FR 17537, 3 CFR, 1987 Comp., p. 229; E.O.
13832, 83 FR 22343, 3 CFR, 2018 Comp., p.
808; and Sec. 573, Pub. L. 115–232, 132 Stat.
1636 (5 U.S.C. 3330d).
Subpart F—Career or Career
Conditional Appointment Under
Special Authorities
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—(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
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(iii) Was killed while serving on
active duty in the armed forces.
(5) Spouse means the husband or wife
of a member of the armed forces.
(c) Eligibility. (1)(i) A spouse of a
member of the armed forces as defined
in paragraph (b)(4)(i) of this section
must be currently married to the
member of the armed forces on active
duty.
(ii) For appointments made on or after
August 13, 2023, the following
additional criteria must be met for
eligibility for appointment (for
appointments made prior to or on
August 12, 2023, the criteria in this
paragraph (c)(1)(ii) does not apply):
(A) The member of the armed forces
must have received orders authorizing a
permanent change of station.
(B) The spouse must have married the
member of the armed forces on, or prior
to, the date of such orders authorizing
the permanent change of station.
(C) The spouse must have relocated or
is relocating with the member of the
armed forces to the new duty station
specified in the documentation ordering
the permanent change of station.
(2) A spouse of a member of the
armed forces as defined in paragraph
(b)(4)(ii) of this section must be
currently married to the member of the
armed forces.
(3) A spouse of a member of the
armed forces as defined in paragraph
(b)(4)(iii) of this section must be the 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) Beginning August 13, 2023, the
noncompetitive appointment of a
relocating spouse of a member of the
armed forces as defined in paragraph
(b)(4)(i) of this section is limited to the
geographic area of the permanent duty
station of the member of the armed
forces, unless there is no agency with a
position within the geographic area of
the permanent duty station of the
member of the armed forces.
(d) Conditions. (1) In accordance with
the provisions of this section, a spouse
is eligible for noncompetitive
appointment:
(i) From the date of documentation
verifying the spouse’s marriage to a
member of the armed forces as defined
in paragraph (b)(4)(i) of this section,
where the spouse seeks appointment
based upon marriage to an active duty
member of the armed forces;
(ii) From the date of documentation
verifying that the member of the armed
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forces is 100 percent disabled, where
the spouse seeks appointment based
upon marriage to a member defined in
paragraph (b)(4)(ii) of this section; or
(iii) From the date of documentation
verifying that the member of the armed
forces was killed while on active duty
where the spouse seeks appointment as
the widow or widower of a member
defined in paragraph (b)(4)(iii) of this
section.
(2) The spouse of a member of the
armed forces as defined in paragraph
(b)(4)(i) of this section may receive
unlimited noncompetitive appointments
under this section to permanent
positions through August 12, 2023.
Beginning August 13, 2023, the spouse
of such a member may receive a
noncompetitive appointment under this
section if the member receives
permanent change of station orders and
is limited to one such appointment per
permanent change of station.
(3) A spouse of a member of the
armed forces as defined in paragraph
(b)(4)(ii) or (iii) of this section may
receive only one noncompetitive
appointment under this section to a
permanent position.
(4) Any law, Executive order, or
regulation that disqualifies an applicant
for appointment also disqualifies a
spouse for appointment under this
section.
(e) Proof of eligibility. (1)(i) Prior to
appointment, the spouse of a member of
the armed forces as defined in
paragraph (b)(4)(i) of this section must
submit to the employing agency copies
of:
(A) Documentation verifying active
duty status; and
(B) Documentation verifying marriage
to the member of the armed forces (i.e.,
a marriage certificate or other legal
documentation verifying marriage).
(ii) For appointments made on or after
August 13, 2023, the spouse must also
submit to the employing agency a copy
of the service member’s orders reflecting
a permanent change of station, dated
August 13, 2023, or later. (For
appointments made on or before August
12, 2023, the requirement of this
paragraph (e)(1)(ii) does not apply.)
(2) Prior to appointment, the spouse
of a member of the armed forces as
defined in paragraph (b)(4)(ii) of this
section must submit to the employing
agency copies of:
(i) Documentation showing the
member of the armed forces retired, or
was released or discharged from active
duty, with a disability rating of 100
percent; and
(ii) Documentation verifying marriage
to the member of the armed forces (i.e.,
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
a marriage license or other legal
documentation verifying marriage).
(3) Prior to appointment, the spouse
of a member of the armed forces as
defined in paragraph (b)(4)(iii) of this
section must submit to the employing
agency copies of:
(i) Documentation showing the
member was released or discharged
from active duty due to his or her death
while on active duty;
(ii) Documentation verifying the
member of the armed forces was killed
while serving on active duty;
(iii) Documentation verifying the
widow or widower’s marriage to the
member of the armed forces (i.e., a
marriage license or other legal
documentation verifying marriage); and
(iv) A statement certifying that the
individual seeking to use the authority
is the un-remarried widow or widower
of the service member.
*
*
*
*
*
(h) Agency reporting requirements. (1)
As required by Executive Order 13832,
each agency shall report annually (by
December 31st of each year) to OPM and
the Department of Labor on:
(i) The number of positions made
available under the military spouse
hiring authority;
(ii) The number of applications
submitted under the military spouse
hiring authority;
(iii) The number of military spouses
appointed under the military spouse
hiring authority during the preceding
fiscal year; and
(iv) Actions taken to advertise the
military spouse hiring authority, and
any other actions taken to promote the
hiring of military spouses.
(2) As required by section 573(d) of
Public Law 115–232, each agency shall
report annually until August 13, 2023,
and separate from the report required in
paragraph (h)(1) of this section on the
following:
(i) The number of relocating and 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, VETS Office at
militaryspouse@opm.gov.
(4) Agencies are also required to send
their reports separately and directly to
Department of Labor (DOL) at
milspouse@dol.gov.
[FR Doc. 2021–20308 Filed 9–20–21; 8:45 am]
BILLING CODE 6325–39–P
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1205
[Doc. No. AMS–CN–20–0097A]
Cotton Research and Promotion
Program: Procedures for Conduct of
Sign-Up Period
Agricultural Marketing Service
(AMS), Department of Agriculture
(USDA).
ACTION: Direct final rule.
AGENCY:
This direct final rule reopens
the voting period and amends rules and
regulations regarding dates for a sign-up
period for eligible cotton producers and
importers to request a continuance
referendum on the 1991 amendments to
the Cotton Research and Promotion
Order (Order) provided for in the Cotton
Research and Promotion Act (Act)
amendments of 1990.
DATES: This direct rule is effective
October 18, 2021, without further action
or notice, unless significant adverse
comment is received by October 6, 2021.
If significant adverse comment is
received, AMS will publish a timely
withdrawal of the amendment in the
Federal Register.
ADDRESSES: Written comments may be
submitted to the addresses specified
below. All comments will be made
available to the public. Please do not
include personally identifiable
information (such as name, address, or
other contact information) or
confidential business information that
you do not want publicly disclosed. All
comments may be posted on the internet
and can be retrieved by most internet
search engines. Comments may be
submitted anonymously.
Comments, identified by AMS–CN–
20–0097A, may be submitted
electronically through the Federal
eRulemaking Portal at https://
www.regulations.gov. Please follow
instructions for submitting comments.
In addition, comments may be
submitted by mail or hand delivery to
Cotton Research and Promotion, Cotton
and Tobacco Program, AMS, USDA, 100
Riverside Parkway, Suite 101,
Fredericksburg, Virginia 22406.
Comments should be submitted in
triplicate. All comments received will
be made available for public inspection
at Cotton and Tobacco Program, AMS,
USDA, 100 Riverside Parkway, Suite
101, Fredericksburg, Virginia 22406. A
copy of this document may be found at:
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Shethir M. Riva, Director, Research and
SUMMARY:
PO 00000
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52397
Promotion, Cotton and Tobacco
Program, AMS, USDA, 100 Riverside
Parkway, Suite 101, Fredericksburg,
Virginia 22406; telephone (540) 361–
2726, facsimile (540) 361–1199, or email
at CottonRP@usda.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Cotton Research and Promotion
Order (7 CFR part 1205) was amended
in 1991, following a referendum that
July. These amendments provided for:
(1) Importer representation on the
Cotton Board by an appropriate number
of persons, to be determined by USDA,
who import cotton or cotton products
into the U.S. and who USDA selects
from nominations submitted by
importer organizations certified by
USDA; (2) assessments levied on
imported cotton and cotton products at
a rate determined in the same manner
as for U.S. cotton; (3) increased amount
USDA can be reimbursed for conducting
a referendum from $200,000 to
$300,000; (4) reimbursement of
government agencies that assist in
administering the collection of
assessments on imported cotton and
cotton products; and (5) termination of
producers’ right to demand a refund of
assessments.
On December 18, 2020, USDA issued
a determination based on its review (85
FR 82426) not to conduct a referendum
regarding the 1991 amendments to the
Order; however, the Act provides that
USDA shall nevertheless conduct a
referendum at the request of 10 percent
or more of the total number of eligible
producers and importers that voted in
the most recent referendum.
Furthermore, the Act provides for a
sign-up period during which eligible
cotton producers and importers may
request that USDA conduct a
referendum on continuation of the 1991
amendments to the Order.
Pursuant to section 8(c) of the Act,
USDA provided all eligible Upland
cotton producers and importers of
cotton and cotton-containing products
an opportunity to sign up and request a
continuance referendum regarding the
1991 amendments to the Order from
June 21, 2021, until July 2, 2021 (86 FR
20255). During the counting and
verification of sign-up requests, the
AMS learned that the United States
Postal Service (USPS) erroneously
closed the Post Office Box AMS used to
receive sign-up requests, and USPS
returned mail contained within the box.
Given this error by the USPS and not
knowing how many pieces of mail were
contained in the box, the AMS
determined it is necessary to reopen the
sign-up period to allow for any eligible
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]]>Agencies
[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Rules and Regulations]
[Pages 52395-52397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20308]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 /
Rules and Regulations
[[Page 52395]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 315
RIN 3206-AM76
Noncompetitive Appointment of Certain Military Spouses
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to modify the provisions governing the recruitment and
employment of certain military spouses in Federal agencies to conform
to statutory mandates affecting the rules governing this hiring
authority and to carry out certain provisions of an Executive order of
May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of
Military Spouses. OPM is revising the current text to conform the
eligibility criteria for appointment of military spouses to intervening
statutory requirements and add agency reporting requirements. The
intent of this hiring authority is to enhance the recruitment and
noncompetitive appointment of certain military spouses for permanent
Federal positions in the competitive service.
DATES: This rule is effective October 21, 2021.
FOR FURTHER INFORMATION CONTACT: Michelle Glynn, telephone: 202-606-
1571, fax: 202-606-3340, TDD: 202-418-3134, or email:
[email protected].
SUPPLEMENTARY INFORMATION: On May 29, 2020, the Office of Personnel
Management (OPM) published proposed regulations in the Federal Register
at 85 FR 32304 to modify the provisions governing the hiring authority
for certain military spouses. OPM made these changes to effect
provisions contained in the Fiscal Year (FY) 2013 National Defense
Authorization Act (NDAA), Public Law 112-239, section 566, subsequently
codified at 5 U.S.C. 3330d; the FY 2017 NDAA, Public Law 114-328,
section 1131, which amended 5 U.S.C. 3330d(c); and the FY 2019 NDAA,
Public Law 115-232, section 573, which temporarily amends 5 U.S.C.
3330d and imposes a temporary reporting requirement on OPM; as well as
certain provisions of E.O. 13832 of May 9, 2018, Enhancing
Noncompetitive Civil Service Appointments of Military Spouses, imposing
permanent agency reporting requirements. OPM received one comment on
the proposed rule from an individual.
The individual recommends that OPM use the term ``temporary'' in
conjunction with ``noncompetitive'' when describing or referring to
this hiring authority. OPM is not adopting this suggestion. Agencies
may appoint eligible spouses to positions on a permanent, term, or
temporary basis under this authority. The regulations in 5 CFR part 316
currently provide for noncompetitive appointment of certain military
spouses on a term or temporary basis (Sec. 316.301.302(b)(3) for term
employment and Sec. 316.402(b)(3) for temporary limited employment).
OPM is adopting the proposed regulation with one minor change to
the email address for submission of agency's yearly reports to
Department of Labor.
Regulatory Flexibility Act
The Office of Personnel Management Director certifies that this
regulation will not have a significant economic impact on a substantial
number of small entities because it applies only to Federal agencies
and employees.
E.O. 13563 and E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 13563 and 12866.
E.O. 13132, Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
E.O. 12988, Civil Justice Reform
This regulation meets the applicable standard set forth in section
3(a) and (b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local or
tribal governments of more than $100 million annually. Thus, no written
assessment of unfunded mandates is required.
Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules
(as defined in 5 U.S.C. 804) to be submitted to Congress before taking
effect. OPM will submit to Congress and the Comptroller General of the
United States a report regarding the issuance of this action before its
effective date, as required by 5 U.S.C. 801. OMB's Office of
Information and Regulatory Affairs has determined that this is not a
``major rule'' as defined by the Congressional Review Act (5 U.S.C.
804(2)).
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)
This final regulatory action will not impose any additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects in 5 CFR Part 315
Government employees.
Office of Personnel Management
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is amending 5 CFR part 315 as follows:
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT
0
1. The authority citation for part 315 is revised to read as follows:
Authority: 5 U.S.C. 1302, 2301, 2302, 3301, and 3302; E.O.
10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; and E.O. 13162,
65 FR 43211, 3 CFR, 2000 Comp., p. 283, unless otherwise noted.
Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and
3652.
Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104.
Sec. 315.603 also issued under 5 U.S.C. 8151.
Sec. 315.605 also issued under E.O. 12034, 43 FR 1917, 3 CFR,
1978 Comp., p. 111.
[[Page 52396]]
Sec. 315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR,
1964-1965 Comp., p. 303.
Sec. 315.607 also issued under 22 U.S.C. 2560.
Sec. 315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR,
1990 Comp., p. 293.
Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611
also issued under 5 U.S.C. 3304(f).
Sec. 315.612 also issued under E.O. 13473, 73 FR 56703, 3 CFR,
2008 Comp., p. 241; Sec. 566, Pub. L. 112-239, 126 Stat. 1632 (5
U.S.C. 3330d); Sec. 1131, Pub. L. 114-328, 130 Stat. 2000 (5 U.S.C.
3330d(c)); Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C.
3330d); and E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 808.
Sec. 315.708 also issued under E.O. 13318, 68 FR 66317, 3 CFR,
20043 Comp., p. 265.
Sec. 315.710 also issued under E.O. 12596, 52 FR 17537, 3 CFR,
1987 Comp., p. 229; E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., p.
808; and Sec. 573, Pub. L. 115-232, 132 Stat. 1636 (5 U.S.C. 3330d).
Subpart F--Career or Career Conditional Appointment Under Special
Authorities
0
2. In Sec. 315.612, revise paragraphs (a) through (e) and add
paragraph (h) to read as follows:
Sec. 315.612 Noncompetitive appointment of certain military spouses.
(a) Agency authority. In accordance with the provisions of this
section, an agency head may appoint noncompetitively a spouse of a
member of the armed forces serving on active duty, a spouse of a 100
percent disabled service member injured while on active duty, or the
un-remarried widow or widower of a service member who was killed while
performing active duty.
(b) Definitions--(1) Active duty means full-time duty in the armed
forces, including full-time National Guard duty, except that for
Reserve Component members the term ``active duty'' does not include
training duties or attendance at service schools.
(2) Armed forces has the meaning given that term in 10 U.S.C. 101.
(3) Duty station means the permanent location to which a member of
the armed forces is assigned for duty as specified on the individual's
permanent change of station (PCS) orders.
(4) Member of the armed forces or service member means an
individual who:
(i) Is serving on active duty in the armed forces or serving under
orders specifying the individual is called or ordered to active duty
for more than 180 consecutive days;
(ii) Retired or was released or discharged from active duty in the
armed forces and has a disability rating of 100 percent as documented
by the Department of Veterans Affairs; or
(iii) Was killed while serving on active duty in the armed forces.
(5) Spouse means the husband or wife of a member of the armed
forces.
(c) Eligibility. (1)(i) A spouse of a member of the armed forces as
defined in paragraph (b)(4)(i) of this section must be currently
married to the member of the armed forces on active duty.
(ii) For appointments made on or after August 13, 2023, the
following additional criteria must be met for eligibility for
appointment (for appointments made prior to or on August 12, 2023, the
criteria in this paragraph (c)(1)(ii) does not apply):
(A) The member of the armed forces must have received orders
authorizing a permanent change of station.
(B) The spouse must have married the member of the armed forces on,
or prior to, the date of such orders authorizing the permanent change
of station.
(C) The spouse must have relocated or is relocating with the member
of the armed forces to the new duty station specified in the
documentation ordering the permanent change of station.
(2) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(ii) of this section must be currently married to the
member of the armed forces.
(3) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(iii) of this section must be the un-remarried widow or
widower of the member of the armed forces killed on active duty in the
armed forces.
(4) Except as indicated in paragraph (c)(5) of this section,
noncompetitive appointment of eligible spouses under this section are
not restricted to a geographical location.
(5) Beginning August 13, 2023, the noncompetitive appointment of a
relocating spouse of a member of the armed forces as defined in
paragraph (b)(4)(i) of this section is limited to the geographic area
of the permanent duty station of the member of the armed forces, unless
there is no agency with a position within the geographic area of the
permanent duty station of the member of the armed forces.
(d) Conditions. (1) In accordance with the provisions of this
section, a spouse is eligible for noncompetitive appointment:
(i) From the date of documentation verifying the spouse's marriage
to a member of the armed forces as defined in paragraph (b)(4)(i) of
this section, where the spouse seeks appointment based upon marriage to
an active duty member of the armed forces;
(ii) From the date of documentation verifying that the member of
the armed forces is 100 percent disabled, where the spouse seeks
appointment based upon marriage to a member defined in paragraph
(b)(4)(ii) of this section; or
(iii) From the date of documentation verifying that the member of
the armed forces was killed while on active duty where the spouse seeks
appointment as the widow or widower of a member defined in paragraph
(b)(4)(iii) of this section.
(2) The spouse of a member of the armed forces as defined in
paragraph (b)(4)(i) of this section may receive unlimited
noncompetitive appointments under this section to permanent positions
through August 12, 2023. Beginning August 13, 2023, the spouse of such
a member may receive a noncompetitive appointment under this section if
the member receives permanent change of station orders and is limited
to one such appointment per permanent change of station.
(3) A spouse of a member of the armed forces as defined in
paragraph (b)(4)(ii) or (iii) of this section may receive only one
noncompetitive appointment under this section to a permanent position.
(4) Any law, Executive order, or regulation that disqualifies an
applicant for appointment also disqualifies a spouse for appointment
under this section.
(e) Proof of eligibility. (1)(i) Prior to appointment, the spouse
of a member of the armed forces as defined in paragraph (b)(4)(i) of
this section must submit to the employing agency copies of:
(A) Documentation verifying active duty status; and
(B) Documentation verifying marriage to the member of the armed
forces (i.e., a marriage certificate or other legal documentation
verifying marriage).
(ii) For appointments made on or after August 13, 2023, the spouse
must also submit to the employing agency a copy of the service member's
orders reflecting a permanent change of station, dated August 13, 2023,
or later. (For appointments made on or before August 12, 2023, the
requirement of this paragraph (e)(1)(ii) does not apply.)
(2) Prior to appointment, the spouse of a member of the armed
forces as defined in paragraph (b)(4)(ii) of this section must submit
to the employing agency copies of:
(i) Documentation showing the member of the armed forces retired,
or was released or discharged from active duty, with a disability
rating of 100 percent; and
(ii) Documentation verifying marriage to the member of the armed
forces (i.e.,
[[Page 52397]]
a marriage license or other legal documentation verifying marriage).
(3) Prior to appointment, the spouse of a member of the armed
forces as defined in paragraph (b)(4)(iii) of this section must submit
to the employing agency copies of:
(i) Documentation showing the member was released or discharged
from active duty due to his or her death while on active duty;
(ii) Documentation verifying the member of the armed forces was
killed while serving on active duty;
(iii) Documentation verifying the widow or widower's marriage to
the member of the armed forces (i.e., a marriage license or other legal
documentation verifying marriage); and
(iv) A statement certifying that the individual seeking to use the
authority is the un-remarried widow or widower of the service member.
* * * * *
(h) Agency reporting requirements. (1) As required by Executive
Order 13832, each agency shall report annually (by December 31st of
each year) to OPM and the Department of Labor on:
(i) The number of positions made available under the military
spouse hiring authority;
(ii) The number of applications submitted under the military spouse
hiring authority;
(iii) The number of military spouses appointed under the military
spouse hiring authority during the preceding fiscal year; and
(iv) Actions taken to advertise the military spouse hiring
authority, and any other actions taken to promote the hiring of
military spouses.
(2) As required by section 573(d) of Public Law 115-232, each
agency shall report annually until August 13, 2023, and separate from
the report required in paragraph (h)(1) of this section on the
following:
(i) The number of relocating and non-relocating spouses of current
military members appointed under this authority;
(ii) The types of positions filled (by title, series, and grade
level); and
(iii) The effectiveness of this hiring authority.
(3) Agencies should send their reports electronically to OPM's
Employee Services, VETS Office at [email protected].
(4) Agencies are also required to send their reports separately and
directly to Department of Labor (DOL) at [email protected].
[FR Doc. 2021-20308 Filed 9-20-21; 8:45 am]
BILLING CODE 6325-39-P
