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Rules and Regulations
Federal Register Vol. 86, No. 180
Tuesday, September 21, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 315
RIN 3206AM76

Noncompetitive Appointment of Certain Military Spouses Office of Personnel Management.
ACTION: Final rule.
AGENCY:

The Office of Personnel Management OPM is issuing final regulations to 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 hiring authority and to carry out certain provisions of an Executive order of May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of Military Spouses. OPM
is revising the current text to conform the eligibility criteria for appointment of military spouses to intervening statutory requirements and add agency reporting requirements. The intent of this hiring authority is to enhance the recruitment and noncompetitive appointment of certain military spouses for permanent Federal positions in the competitive service.
DATES: This rule is effective October 21, 2021.
FOR FURTHER INFORMATION CONTACT:
Michelle Glynn, telephone: 202606
1571, fax: 2026063340, TDD: 202
4183134, or email: michelle.glynn@
opm.gov.
SUPPLEMENTARY INFORMATION: On May 29, 2020, the Office of Personnel Management OPM published proposed regulations in the Federal Register at 85
FR 32304 to modify the provisions governing the hiring authority for certain military spouses. OPM made these changes to effect provisions contained in the Fiscal Year FY 2013
National Defense Authorization Act
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SUMMARY:

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NDAA, Public Law 112239, section 566, subsequently codified at 5 U.S.C.
3330d; the FY 2017 NDAA, Public Law 114328, section 1131, which amended 5 U.S.C. 3330dc; and the FY 2019
NDAA, Public Law 115232, 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 of May 9, 2018, Enhancing Noncompetitive Civil Service Appointments of Military Spouses, imposing permanent agency reporting requirements. OPM received one comment on the proposed rule from an individual.
The individual recommends that OPM use the term temporary in conjunction with noncompetitive when describing or referring to this hiring authority. OPM is not adopting this suggestion. Agencies may appoint eligible spouses to positions on a permanent, term, or temporary basis under this authority. The regulations in 5 CFR part 316 currently provide for noncompetitive appointment of certain military spouses on a term or temporary basis 316.301.302b3 for term employment and 316.402b3 for temporary limited employment.
OPM is adopting the proposed regulation with one minor change to the email address for submission of agencys yearly reports to Department of Labor.

to warrant preparation of a Federalism Assessment.

Regulatory Flexibility Act
List of Subjects in 5 CFR Part 315
Government employees.

The Office of Personnel Management Director certifies that this regulation will not have a significant economic 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.
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
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E.O. 12988, Civil Justice Reform This regulation meets the applicable standard set forth in section 3a and b2 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 The Congressional Review Act 5
U.S.C. 801 et seq. requires rules as defined in 5 U.S.C. 804 to be submitted to Congress before taking effect. OPM
will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this action before its effective date, as required by 5 U.S.C. 801. OMBs Office of Information and Regulatory Affairs has determined that this is not a major rule as defined by the Congressional Review Act 5 U.S.C. 8042.
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.

Office of Personnel Management Alexys Stanley, Regulatory Affairs Analyst.

Accordingly, OPM is amending 5 CFR
part 315 as follows:
PART 315CAREER AND CAREER
CONDITIONAL EMPLOYMENT
1. The authority citation for part 315
is revised to read as follows:

Authority: 5 U.S.C. 1302, 2301, 2302, 3301, and 3302; E.O. 10577, 19 FR 7521, 3 CFR, 19541958 Comp., p. 218; and E.O. 13162, 65
FR 43211, 3 CFR, 2000 Comp., p. 283, unless otherwise noted.
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, 43 FR 1917, 3 CFR, 1978 Comp., p. 111.

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