Noncompetitive Appointment of Certain Military Spouses

Published date29 May 2020
Citation85 FR 32304
Record Number2020-10768
SectionProposed rules
CourtPersonnel Management Office
Federal Register, Volume 85 Issue 104 (Friday, May 29, 2020)
[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]
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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. 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: http://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\
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                 \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\
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                 \2\ See note 1, above.
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                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
                

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