[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]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  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.

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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