[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
________________________________________________________________________
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]
BILLING CODE 6325-39-P