This document summarizes changes made to regulations regarding the noncompetitive appointment of certain military spouses. Specifically, it eliminates the 2-year eligibility limitation for such appointments of spouses of service members who are deceased or 100% disabled. It received public comments on the proposed changes and addresses those comments, providing rationale for both adopting and not adopting certain suggestions. The final rule amends the relevant section of the Code of Federal Regulations to reflect the removal of the 2-year eligibility restriction.

1. 54071
Rules and Regulations Federal Register
Vol. 76, No. 169
Wednesday, August 31, 2011
This section of the FEDERAL REGISTER expressed their general support for the action. OPM is not adopting this
contains regulatory documents having general proposed changes. suggestion because we do not believe
applicability and legal effect, most of which Four individuals and one national clarification is necessary. Our
are keyed to and codified in the Code of military association suggested that OPM implementing guidance at http://
Federal Regulations, which is published under also remove the 2-year window for www.fedshirevets.gov/hire/hrp/
50 titles pursuant to 44 U.S.C. 1510.
appointment eligibility for military qaspouse/index.aspx clearly states that,
The Code of Federal Regulations is sold by spouses whose eligibility is based on for these purposes, a service member is
the Superintendent of Documents. Prices of relocating with their service-member considered to have been ‘‘killed’’ while
new books are listed in the first FEDERAL spouses as a result of permanent change on active duty if he or she dies for any
REGISTER issue of each week. of station (PCS) orders. OPM is not reason while serving on active duty in
adopting this suggestion. The proposed the armed forces. Additionally, the
regulation sought to remove the 2-year language in the proposed regulation is
OFFICE OF PERSONNEL window for appointment eligibility only consistent with the language used in
MANAGEMENT for spouses of service members who Executive Order (E.O.) 13473 of
incurred a 100 percent disability September 30, 2008, which is the basis
5 CFR Part 315 because of the service members’ active of the authority for these
RIN 3206–AM36 duty service, and spouses of service noncompetitive appointments.
members killed while on active duty. One individual commented that the
Noncompetitive Appointment of OPM proposed to eliminate the 2-year proposed rule excludes surviving
Certain Military Spouses window for spouses of certain deceased spouses of service members who died of
AGENCY: U.S. Office of Personnel and 100 percent disabled service a service-connected cause, but not while
Management. members based on the findings on active duty. OPM has no authority to
presented to us by the Department of the extend noncompetitive appointment
ACTION: Final rule.
Navy’s Spouse Employment and eligibility to surviving spouses of
SUMMARY: The U.S. Office of Personnel Empowerment Integrated Process Team. service members who died of a service-
Management is issuing final regulations The Integrated Process Team (IPT) connected cause, but not while on
to eliminate the 2-year eligibility found that spouses of service members active duty. As noted above, E.O. 13473
limitation for noncompetitive who were killed or who became 100 is the source of the authority for
appointment for spouses of certain percent disabled while on active duty noncompetitive appointment of certain
deceased or 100 percent disabled had been unable to make use of the military spouses, and that Order limits
veterans. OPM is removing this noncompetitive hiring authority within eligibility for noncompetitive
restriction to provide spouses of certain the 2-year eligibility period due to their appointment to military spouses who
deceased or 100 percent disabled bereavement, convalescent care are relocating with their service-member
veterans with unlimited eligibility for responsibilities, dependent care spouses as a result of permanent change
noncompetitive appointment. The responsibilities, or their need to of station (PCS) orders, spouses of
intended effect of this change is to undergo education or training. The IPT service members who incurred a 100
further facilitate the entry of these did not indicate the 2-year window for percent disability because of the service
military spouses into the Federal civil appointment eligibility for PCS military members’ active duty service, and
service. spouses was problematic. Accordingly, spouses of service members killed while
OPM’s proposal was limited to the on active duty.
DATES: This rule is effective September problem the IPT did identify. Further, Two individuals suggested OPM
30, 2011. OPM believes 2 years is a reasonable change the date a PCS spouse’s
FOR FURTHER INFORMATION CONTACT: period for spouses authorized to eligibility begins from the date of the
Michelle Glynn, 202–606–1571; Fax: relocate on PCS orders to obtain Federal PCS orders to the date the military
202–606–2329 by TDD: 202–418–3134, employment using this hiring authority. spouse actually reports to the new
or e-mail: michelle.glynn@opm.gov. All other noncompetitive hiring location. OPM is not adopting the
SUPPLEMENTARY INFORMATION: On March authorities have a time limitation for suggestions to change the effective date
10, 2011, the Office of Personnel appointment eligibility. Elimination of of eligibility for PCS spouses. We
Management (OPM) published proposed the 2-year window for PCS military believe the PCS document provides an
regulations in the Federal Register at 76 spouses would create an inconsistency appropriate, standardized basis on
FR 13100 to eliminate the 2-year between this group and other which to establish when an individual’s
eligibility limitation for noncompetitive individuals eligible for noncompetitive eligibility for noncompetitive
appointment for spouses of certain entry into Federal service. For these appointment begins. Further, we see no
deceased or 100 percent disabled reasons, we find no basis for adopting reliable way to verify when a military
veterans in part 315 of title 5, Code of this suggestion. spouse actually relocates to the new
Federal Regulations (CFR). OPM Five individuals suggested we change geographic area, short of imposing a
erowe on DSK5CLS3C1PROD with RULES
received 23 comments on the proposed all references to ‘‘killed while serving burdensome process on both the
rule: 19 from individuals, one from a on active duty in the armed forces’’ to military spouse and the potential hiring
Federal agency, and three from national ‘‘died while serving on active duty in agency.
military associations. the armed forces’’ to clarify that Another individual suggested we
Six individuals, two national military eligibility under this part is not limited clarify the effective date of a military
associations, and one Federal agency to spouses of service members killed in spouse’s eligibility, when based on
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2. 54072 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
relocation due to PCS orders. This hiring preference or a selection priority are eligible for noncompetitive
commenter believes agencies have been for eligible military spouses. appointment:
applying the 2-year eligibility period for Two of the comments we received (i) For a maximum of 2 years from the
PCS spouses inconsistently. As noted in were beyond the scope of the proposed date of the service member’s permanent
the preceding paragraph, eligibility for changes. One individual asked that change of station orders;
PCS spouses begins on the date of the OPM reinstitute the Defense Civilian (ii) From the date of documentation
service member’s PCS orders. We Intelligence Personnel System (DCIPS) verifying the member of the armed
believe this is a clear standard that can interchange agreement. The other forces is 100 percent disabled; or
and should be applied consistently. commenter suggested an improvement (iii) From the date of documentation
One commenter stated these in the USAJOBS Web site. verifying the member of the armed
provisions do not apply to military forces was killed while on active duty.
Executive Order 13563 and Executive
spouses in the Department of Defense’s * * * * *
Order 12855, Regulatory Review
(DoD) Priority Placement Program. [FR Doc. 2011–22268 Filed 8–30–11; 8:45 am]
Neither E.O. 13473 nor OPM’s This rule has been reviewed by the
BILLING CODE 6325–39–P
implementing regulation prevents an Office of Management and Budget in
individual in any DoD military spouse accordance with E.O. 13563 and E.O.
program from utilizing these provisions, 12866.
DEPARTMENT OF AGRICULTURE
assuming that individual is otherwise Regulatory Flexibility Act
eligible under 5 CFR 315.612. Farm Service Agency
Another commenter stated that I certify that this regulation will not
service members should have the same have a significant economic impact on
a substantial number of small entities 7 CFR Part 760
hiring advantage as military spouses.
Executive Order 13473 authorizes because it affects only Federal agencies RIN 0560–AH95
noncompetitive appointment only for and employees.
certain military spouses. We do note Emergency Assistance for Livestock,
List of Subjects in 5 CFR Part 315 Honeybees, and Farm-Raised Fish
that service members may be eligible
under several veterans-specific hiring Government employees. Program, Livestock Indemnity
authorities, including Veterans U.S. Office of Personnel Management. Program, and General Provisions for
Recruitment Act (VRA) appointments. John Berry, Supplemental Agricultural Disaster
In addition, service members may be Director. Assistance Programs
entitled to veterans’ preference, Accordingly, OPM is amending 5 CFR AGENCY:Farm Service Agency, USDA.
depending on when they served on part 315 as follows: Final rule, technical
ACTION:
active duty and the character of that
service. amendment.
PART 315—CAREER AND CAREER-
One individual asked that we clarify CONDITIONAL EMPLOYMENT SUMMARY: The Farm Service Agency
whether these provisions apply to (FSA) is making several clarifying
military spouses who are current ■ 1. The authority citation for part 315 amendments and corrections to the
Federal employees, or individuals who continues to read as follows: regulations for the Emergency
have never been in Federal service. Authority: 5 U.S.C. 1302, 3301, and 3302; Assistance for Livestock, Honeybees,
These provisions apply to any military E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218, and Farm-Raised Fish Program (ELAP)
spouse who is otherwise eligible under unless otherwise noted; and E.O. 13162. and the Livestock Indemnity Program
section 315.612. Secs. 315.601 and 315.609 also issued under
(LIP) to clarify when livestock death
Another commenter asked whether 22 U.S.C. 3651 and 3652. Secs. 315.602 and
315.604 also issued under 5 U.S.C. 1104. Sec. losses must have occurred to be eligible
the proposed changes apply to all
315.603 also issued under 5 U.S.C. 8151. Sec. losses for LIP and ELAP benefits. This
widows of 100 percent disabled
315.605 also issued under E.O. 12034, 3 CFR, rule also clarifies when adverse weather
veterans. Per E.O. 13473, the proposed
1978 Comp. p. 111. Sec. 315.606 also issued events or loss conditions must have
changes apply to any spouse of a service under E.O. 11219, 3 CFR, 1964–1965 Comp. occurred to be eligible losses of
member who incurred a 100 percent p. 303. Sec. 315.607 also issued under 22 livestock, honeybee, crops, and farm-
disability because of the service U.S.C. 2506. Sec. 315.608 also issued under raised fish for ELAP and Supplemental
member’s active duty service, provided E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec.
315.610 also issued under 5 U.S.C. 3304(c). Revenue Assistance Payments Program
the individual is otherwise eligible
Sec. 315.611 also issued under 5 U.S.C. (SURE) benefits. This rule clarifies an
under section 315.612.
One individual commented that non- 3304(f). Sec. 315.612 also under E.O. 13473. equitable relief provision for the risk
military spouses should have the same Sec. 315.708 also issued under E.O. 13318, management purchase requirement that
3 CFR, 2004 Comp. p. 265. Sec. 315.710 also applies to the Supplemental
opportunity for obtaining a Federal job issued under E.O. 12596, 3 CFR, 1978 Comp.
as do military spouses. As noted above, Agricultural Disaster Assistance
p. 229. Subpart I also issued under 5 U.S.C. Programs, authorized by the Food,
E.O. 13473 authorizes noncompetitive 3321, E.O. 12107, 3 CFR, 1978 Comp. p. 264.
appointment only for certain military Conservation, and Energy Act of 2008
spouses. Individuals not eligible under Subpart F—Career or Career- (the 2008 Farm Bill), except LIP.
this authority must seek consideration Conditional Appointment Under DATES: Effective Date: August 31, 2011.
under any hiring authority for which Special Authorities FOR FURTHER INFORMATION CONTACT:
they are eligible, or apply through the ■ 2. In § 315.612, revise paragraph (d)(1) Candace Thompson; phone (202) 720–
competitive examining process. Use of to read as follows: 7641; e-mail:
erowe on DSK5CLS3C1PROD with RULES
the military spouse hiring authority, as Candy.Thompson@wdc.usda.gov.
is the case with all other § 315.612 Noncompetitive appointment of Persons with disabilities or who require
noncompetitive hiring authorities, is certain military spouses. alternative means for communication
completely discretionary on the part of * * * * * (Braille, large print, audio tape, etc.)
the hiring agency. This authority does (d) Conditions. (1) In accordance with should contact the USDA Target Center
not constitute, establish, or convey a the provisions of this section, spouses at (202) 720–2600 (voice and TDD).
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