[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Proposed Rules]
[Pages 13100-13101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5459]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / 
Proposed Rules  

[[Page 13100]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 315

RIN 3206-AM36


Noncompetitive Appointment of Certain Military Spouses

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing 
proposed regulations to eliminate the 2-year eligibility limitation for 
noncompetitive appointment for spouses of certain deceased or 100 
percent disabled veterans. OPM is removing this restriction to provide 
spouses of certain deceased or 100 percent disabled veterans with 
unlimited eligibility for noncompetitive appointment. The intended 
effect of this change is to further facilitate the entry of these 
military spouses into the Federal civil service.

DATES: Comments must be received on or before May 9, 2011.

ADDRESSES: You may submit comments, which are identified by RIN 3206-
AM36, by any of the following methods:
     E-mail: [email protected]. Include ``RIN 3206-AM36, Career 
and Career-Conditional Employment'' in the subject line of the message.
     Fax: (202) 606-2329.
     Mail: Angela Bailey, Deputy Associate Director for 
Employee Services, U.S. Office of Personnel Management, Room 6566, 1900 
E Street, NW., Washington, DC 20415-9700.

FOR FURTHER INFORMATION CONTACT: Michelle Glynn, 202-606-1571, Fax: 
202-606-2329 by TDD: 202-418-3134, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: On September 25, 2008, the President issued 
Executive Order (E.O.) 13473 allowing agencies to make noncompetitive 
appointments of spouses of certain 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 (74 FR 40471). OPM's 
implementing rules established a noncompetitive hiring authority for 
certain military spouses. Under this hiring authority, eligible spouses 
include, subject to other criteria specified in the final rule, the 
following categories of military spouses: Those who are 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 widow or widower of a service member killed while on 
active duty. A spouse remains eligible for a noncompetitive appointment 
for a maximum of 2 years from the date of: (a) The service member's 
orders authorizing a permanent change of station; (b) the documentation 
showing the service member is 100 percent disabled; or (c) the 
documentation showing the service member was killed while on active 
duty.
    Paragraph (d) of proposed Sec.  315.612 provides conditions under 
which an agency may appoint a military spouse noncompetitively under 
this section. In this paragraph, OPM is proposing to eliminate the 2-
year eligibility window for spouses of service members who incurred a 
100 percent disability because of the service member's active duty 
service, and spouses of service members killed while on active duty. 
This paragraph extends without time limitation the eligibility of these 
spouses from the date of documentation showing the service member is 
100 percent disabled because of active duty service, or documentation 
showing the service member was killed while on active duty.
    On February 4, 2011, the Department of the Navy presented OPM with 
the findings of a Spouse Employment and Empowerment Integrated Process 
Team that was initiated by the Chairman of the Joint Chiefs of Staff. 
The Integrated Process Team found that spouses of service members who 
were killed or who became 100 percent disabled while on active duty had 
been unable to make use of the noncompetitive hiring authority within 
the 2-year eligibility period prescribed by regulation, due to their 
bereavement, their convalescent care responsibilities, their dependant 
care responsibilities, or their need to undergo education or training. 
OPM believes that it is inconsistent with the purpose of E.O. 13473 to 
deny a military spouse the opportunity to make use of the 
noncompetitive hiring authority when the very condition that gives rise 
to eligibility--the death or disability of a service member--also 
places unique burdens on the service member's spouse that delay his or 
her workforce reentry.
    For this reason, OPM is proposing to eliminate the 2-year 
eligibility period for noncompetitive appointment for spouses of 
service members who incurred a 100 percent disability because of the 
service member's active duty service, and for spouses of service 
members killed while on active duty. The 2-year eligibility period will 
remain in effect for spouses whose eligibility is based on relocating 
with their service member spouse as a result of PCS orders.

E.O. 12866 and E.O. 13563 Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866 and Executive Order 13563.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only Federal agencies and employees.

List of Subjects in 5 CFR Part 315

    Government employees.

U.S. Office of Personnel Management.
John Berry,
Director.

    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 continues 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. Sec. 315.606 also issued 
under E.O. 11219, 3 CFR, 1964-1965 Comp.

[[Page 13101]]

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 under E.O. 13473. 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.

Subpart F--Career or Career Conditional Appointment Under Special 
Authorities

    2. In Sec.  315.612, revise paragraph (d)(1) to read as follows:


Sec.  315.612  Noncompetitive appointment of certain military spouses.

* * * * *
    (d) Conditions. (1) In accordance with the provisions of this 
section, spouses are eligible for noncompetitive appointment:
    (i) For a maximum of 2 years from the date of the service member's 
permanent change of station orders;
    (ii) From the date of documentation verifying the member of the 
armed forces is 100 percent disabled; or
    (iii) From the date of documentation verifying the member of the 
armed forces was killed while on active duty.
* * * * *
[FR Doc. 2011-5459 Filed 3-9-11; 8:45 am]
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