Daily Rules, Proposed Rules, and Notices of the Federal Government
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
Paragraph (d) of proposed § 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.
This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866 and Executive Order 13563.
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.
Accordingly, OPM is proposing to amend 5 CFR part 315 as follows:
1. The authority citation for part 315 continues to read as follows:
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.
2. In § 315.612, revise paragraph (d)(1) to read as follows:
(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.