81 FR 4900 - Noncompetitive Appointment of Certain Military Spouses

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 81, Issue 18 (January 28, 2016)

Page Range		4900-4900
FR Document		2016-01476

The U.S. Office of Personnel Management (OPM) is issuing a proposed regulation limiting to one the number of permanent appointments spouses of 100 percent disabled and spouses of deceased members of the Armed Forces may receive under these provisions. OPM is making this change based on a provision contained in the Fiscal Year (FY) 2013 National Defense Authorization Act (NDAA). The intended effect of this change is to conform our regulation with the statute.

Federal Register, Volume 81 Issue 18 (Thursday, January 28, 2016)

[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Proposed Rules]
[Page 4900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01476]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

========================================================================


Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / 
Proposed Rules

[[Page 4900]]



 OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 315

RIN 3206-AM76


Noncompetitive Appointment of Certain Military Spouses

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
proposed regulation limiting to one the number of permanent 
appointments spouses of 100 percent disabled and spouses of deceased 
members of the Armed Forces may receive under these provisions. OPM is 
making this change based on a provision contained in the Fiscal Year 
(FY) 2013 National Defense Authorization Act (NDAA). The intended 
effect of this change is to conform our regulation with the statute.

DATES: Comments must be received on or before March 28, 2016.

ADDRESSES: You may submit comments, which are identified by RIN 3206-
AM76, by any of the following methods:
     Email: [email protected]. Include ``RIN 3206-AM76, Career and 
Career-Conditional Employment'' in the subject line of the message.
     Fax: (202) 606-2329
     Mail: Kimberly A. Holden, Deputy Associate Director for 
Recruitment and Hiring, 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 email: [email protected]

SUPPLEMENTARY INFORMATION: 
    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 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. OPM's 
implementing rules did not restrict the number of permanent 
appointments the spouse of a disabled or deceased member of Armed 
Forces may receive under these provisions.
    On January 2, 2013, the President signed the FY 13 NDAA. Section 
566(a) of this Act codifies in statute, at 5 U.S.C. 3330d, the hiring 
authority previously created by E.O. 13743 and, in so doing, limits to 
one the number of permanent appointments the spouse of a disabled or 
deceased member of Armed Forces may receive under section 3330d. OPM is 
proposing to limit to one the number of permanent appointments an 
eligible spouse may receive under its regulatory provisions. We are 
making this change to conform our regulations to 5 U.S.C. 3330d(d)(2).

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.
Beth F. Cobert,
Acting Director.

    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. 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 and Pub. L. 112-239, Sec. 
566. 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

0
2. In Sec.  315.612, revise paragraph (d)(3) and add paragraph (d)(4) 
to read as follows:


Sec.  315.612  Noncompetitive appointment of certain military spouses.

* * * * *
    (d) * * *
    (3) Spouses of 100 percent disabled or deceased members of the 
armed forces 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.
* * * * *
[FR Doc. 2016-01476 Filed 1-27-16; 8:45 am]
 BILLING CODE 6325-39-P

4900

Proposed Rules Federal Register
Vol. 81, No. 18

Thursday, January 28, 2016

This section of the FEDERAL REGISTER published in the Federal Register (FR) PART 315—CAREER AND CAREER-
contains notices to the public of the proposed on August 12, 2009, at 74 FR 40471, and CONDITIONAL EMPLOYMENT
issuance of rules and regulations. The amended on August 31, 2011, at 76 FR
purpose of these notices is to give interested 54071. OPM’s implementing rules
persons an opportunity to participate in the ■ 1. The authority citation for part 315
established a noncompetitive hiring is revised to read as follows:
rule making prior to the adoption of the final
rules.
authority for certain military spouses.
Under this hiring authority, eligible Authority: 5 U.S.C. 1302, 3301, and 3302;
spouses include, subject to other criteria E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218,
specified in the final rule, the following unless otherwise noted; and E.O. 13162.
OFFICE OF PERSONNEL Secs. 315.601 and 315.609 also issued under
MANAGEMENT categories of military spouses: Those
who are relocating with their service 22 U.S.C. 3651 and 3652. Secs. 315.602 and
315.604 also issued under 5 U.S.C. 1104. Sec.
5 CFR Part 315 member spouse as a result of permanent
315.603 also issued under 5 U.S.C. 8151. Sec.
RIN 3206–AM76
change of station (PCS) orders, spouses
315.605 also issued under E.O. 12034, 3 CFR,
of service members who incurred a 100
1978 Comp. p. 111. Sec. 315.606 also issued
Noncompetitive Appointment of percent disability because of the service
under E.O. 11219, 3 CFR, 1964–1965 Comp.
Certain Military Spouses member’s active duty service, and the
p. 303. Sec. 315.607 also issued under 22
un-remarried widow or widower of a
AGENCY: U.S. Office of Personnel U.S.C. 2560. Sec. 315.608 also issued under
service member killed while on active E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec.
Management. duty. OPM’s implementing rules did not 315.610 also issued under 5 U.S.C. 3304(c).
ACTION: Proposed rule with request for restrict the number of permanent Sec. 315.611 also issued under 5 U.S.C.
comments. appointments the spouse of a disabled 3304(f). Sec. 315.612 also issued under E.O.
or deceased member of Armed Forces 13473 and Pub. L. 112–239, Sec. 566. Sec.
SUMMARY: The U.S. Office of Personnel may receive under these provisions.
Management (OPM) is issuing a 315.708 also issued under E.O. 13318, 3 CFR,
proposed regulation limiting to one the On January 2, 2013, the President 2004 Comp. p. 265. Sec. 315.710 also issued
number of permanent appointments signed the FY 13 NDAA. Section 566(a) under E.O. 12596, 3 CFR, 1978 Comp. p. 264.
spouses of 100 percent disabled and of this Act codifies in statute, at 5 U.S.C.
spouses of deceased members of the 3330d, the hiring authority previously Subpart F—Career or Career
Armed Forces may receive under these created by E.O. 13743 and, in so doing, Conditional Appointment Under
provisions. OPM is making this change limits to one the number of permanent Special Authorities
based on a provision contained in the appointments the spouse of a disabled
Fiscal Year (FY) 2013 National Defense or deceased member of Armed Forces ■ 2. In § 315.612, revise paragraph (d)(3)
Authorization Act (NDAA). The may receive under section 3330d. OPM and add paragraph (d)(4) to read as
intended effect of this change is to is proposing to limit to one the number follows:
conform our regulation with the statute. of permanent appointments an eligible
spouse may receive under its regulatory § 315.612 Noncompetitive appointment of
DATES: Comments must be received on certain military spouses.
provisions. We are making this change
or before March 28, 2016. * * * * *
to conform our regulations to 5 U.S.C.
ADDRESSES: You may submit comments,
3330d(d)(2). (d) * * *
which are identified by RIN 3206–
AM76, by any of the following methods: E.O. 12866 and E.O. 13563, Regulatory (3) Spouses of 100 percent disabled or
• Email: employ@opm.gov. Include Review deceased members of the armed forces
‘‘RIN 3206–AM76, Career and Career- may receive only one noncompetitive
Conditional Employment’’ in the subject This rule has been reviewed by the
appointment under this section to a
line of the message. Office of Management and Budget in
permanent position.
• Fax: (202) 606–2329 accordance with Executive Order 12866
and Executive Order 13563. (4) Any law, Executive order, or
• Mail: Kimberly A. Holden, Deputy
Associate Director for Recruitment and regulation that disqualifies an applicant
Regulatory Flexibility Act for appointment also disqualifies a
Hiring, U.S. Office of Personnel
Management, Room 6566, 1900 E Street I certify that this regulation will not spouse for appointment under this
NW., Washington, DC 20415–9700. have a significant economic impact on section.
FOR FURTHER INFORMATION CONTACT: a substantial number of small entities * * * * *
Michelle Glynn, 202–606–1571, Fax: because it affects only Federal agencies [FR Doc. 2016–01476 Filed 1–27–16; 8:45 am]
202–606–2329 by TDD: 202–418–3134, and employees. BILLING CODE 6325–39–P
or email: michelle.glynn@opm.gov List of Subjects in 5 CFR Part 315
wgreen on DSK2VPTVN1PROD with PROPOSALS

SUPPLEMENTARY INFORMATION:
On September 25, 2008, the President Government employees.
issued Executive Order (E.O.) 13473 U.S. Office of Personnel Management.
allowing agencies to make Beth F. Cobert,
noncompetitive appointments of certain Acting Director.
military spouses of members of the
Armed Forces. OPM implemented this Accordingly, OPM is proposing to
E.O. via final regulations which were amend 5 CFR part 315 as follows:

VerDate Sep<11>2014 13:21 Jan 27, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 9990 E:\FR\FM\28JAP1.SGM 28JAP1

Document Created: 2018-02-02 12:40:53
Document Modified: 2018-02-02 12:40:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule with request for comments.
Dates		Comments must be received on or before March 28, 2016.
Contact		Michelle Glynn, 202-606-1571, Fax: 202-606-2329 by TDD: 202-418-3134, or email: [email protected]
FR Citation		81 FR 4900
RIN Number		3206-AM76