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.

Rules and Regulations Federal Register

52395 

Vol. 86, No. 180 

Tuesday, September 21, 2021 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 315 

RIN 3206–AM76 

Noncompetitive Appointment of 

Certain Military Spouses 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: 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: 202–606– 

1571, fax: 202–606–3340, TDD: 202– 

418–3134, 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 

(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 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 (§ 316.301.302(b)(3) for term 

employment and § 316.402(b)(3) for 

temporary limited employment). 

OPM is adopting the proposed 

regulation with one minor change to the 

email address for submission of 

agency’s yearly reports to Department of 

Labor. 

Regulatory Flexibility Act 

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 

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 

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. OMB’s 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. 804(2)). 

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 amending 5 CFR 

part 315 as follows: 

PART 315—CAREER 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, 

1954–1958 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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Sec. 315.606 also issued under E.O. 11219, 

30 FR 6381, 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, 

55 FR 31349, 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, 

73 FR 56703, 3 CFR, 2008 Comp., p. 241; Sec. 

566, Pub. L. 112–239, 126 Stat. 1632 (5 U.S.C. 

3330d); Sec. 1131, Pub. L. 114–328, 130 Stat. 

2000 (5 U.S.C. 3330d(c)); Sec. 573, Pub. L. 

115–232, 132 Stat. 1636 (5 U.S.C. 3330d); and 

E.O. 13832, 83 FR 22343, 3 CFR, 2018 Comp., 

p. 808. 

Sec. 315.708 also issued under E.O. 13318, 

68 FR 66317, 3 CFR, 20043 Comp., p. 265. 

Sec. 315.710 also issued under E.O. 12596, 

52 FR 17537, 3 CFR, 1987 Comp., p. 229; E.O. 

13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 

808; and Sec. 573, Pub. L. 115–232, 132 Stat. 

1636 (5 U.S.C. 3330d). 

Subpart F—Career or Career 

Conditional Appointment Under 

Special Authorities 

■ 2. In § 315.612, revise paragraphs (a) 

through (e) and add paragraph (h) to 

read as follows: 

§ 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—(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)(i) 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. 

(ii) 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, the criteria in this 

paragraph (c)(1)(ii) does not apply): 

(A) The member of the armed forces 

must have received orders authorizing a 

permanent change of station. 

(B) 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. 

(C) 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 unremarried 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) Beginning 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 paragraph 

(b)(4)(i) of this section may receive 

unlimited noncompetitive appointments 

under this section to permanent 

positions through August 12, 2023. 

Beginning 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 paragraph 

(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)(i) 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: 

(A) Documentation verifying active 

duty status; and 

(B) Documentation verifying marriage 

to the member of the armed forces (i.e., 

a marriage certificate or other legal 

documentation verifying marriage). 

(ii) 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, the requirement of this 

paragraph (e)(1)(ii) 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., 


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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52397 

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: 

(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; 

(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, 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 nonrelocating 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, VETS Office at 

militaryspouse@opm.gov. 

(4) Agencies are also required to send 

their reports separately and directly to 

Department of Labor (DOL) at 

milspouse@dol.gov. 

[FR Doc. 2021–20308 Filed 9–20–21; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1205 

[Doc. No. AMS–CN–20–0097A] 

Cotton Research and Promotion 

Program: Procedures for Conduct of 

Sign-Up Period 

AGENCY: Agricultural Marketing Service 

(AMS), Department of Agriculture 

(USDA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule reopens 

the voting period and amends rules and 

regulations regarding dates for a sign-up 

period for eligible cotton producers and 

importers to request a continuance 

referendum on the 1991 amendments to 

the Cotton Research and Promotion 

Order (Order) provided for in the Cotton 

Research and Promotion Act (Act) 

amendments of 1990. 

DATES: This direct rule is effective 

October 18, 2021, without further action 

or notice, unless significant adverse 

comment is received by October 6, 2021. 

If significant adverse comment is 

received, AMS will publish a timely 

withdrawal of the amendment in the 

Federal Register. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. All comments will be made 

available to the public. Please do not 

include personally identifiable 

information (such as name, address, or 

other contact information) or 

confidential business information that 

you do not want publicly disclosed. All 

comments may be posted on the internet 

and can be retrieved by most internet 

search engines. Comments may be 

submitted anonymously. 

Comments, identified by AMS–CN– 

20–0097A, may be submitted 

electronically through the Federal 

eRulemaking Portal at http://

www.regulations.gov. Please follow 

instructions for submitting comments. 

In addition, comments may be 

submitted by mail or hand delivery to 

Cotton Research and Promotion, Cotton 

and Tobacco Program, AMS, USDA, 100 

Riverside Parkway, Suite 101, 

Fredericksburg, Virginia 22406. 

Comments should be submitted in 

triplicate. All comments received will 

be made available for public inspection 

at Cotton and Tobacco Program, AMS, 

USDA, 100 Riverside Parkway, Suite 

101, Fredericksburg, Virginia 22406. A 

copy of this document may be found at: 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shethir M. Riva, Director, Research and 

Promotion, Cotton and Tobacco 

Program, AMS, USDA, 100 Riverside 

Parkway, Suite 101, Fredericksburg, 

Virginia 22406; telephone (540) 361– 

2726, facsimile (540) 361–1199, or email 

at CottonRP@usda.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Cotton Research and Promotion 

Order (7 CFR part 1205) was amended 

in 1991, following a referendum that 

July. These amendments provided for: 

(1) Importer representation on the 

Cotton Board by an appropriate number 

of persons, to be determined by USDA, 

who import cotton or cotton products 

into the U.S. and who USDA selects 

from nominations submitted by 

importer organizations certified by 

USDA; (2) assessments levied on 

imported cotton and cotton products at 

a rate determined in the same manner 

as for U.S. cotton; (3) increased amount 

USDA can be reimbursed for conducting 

a referendum from $200,000 to 

$300,000; (4) reimbursement of 

government agencies that assist in 

administering the collection of 

assessments on imported cotton and 

cotton products; and (5) termination of 

producers’ right to demand a refund of 

assessments. 

On December 18, 2020, USDA issued 

a determination based on its review (85 

FR 82426) not to conduct a referendum 

regarding the 1991 amendments to the 

Order; however, the Act provides that 

USDA shall nevertheless conduct a 

referendum at the request of 10 percent 

or more of the total number of eligible 

producers and importers that voted in 

the most recent referendum. 

Furthermore, the Act provides for a 

sign-up period during which eligible 

cotton producers and importers may 

request that USDA conduct a 

referendum on continuation of the 1991 

amendments to the Order. 

Pursuant to section 8(c) of the Act, 

USDA provided all eligible Upland 

cotton producers and importers of 

cotton and cotton-containing products 

an opportunity to sign up and request a 

continuance referendum regarding the 

1991 amendments to the Order from 

June 21, 2021, until July 2, 2021 (86 FR 

20255). During the counting and 

verification of sign-up requests, the 

AMS learned that the United States 

Postal Service (USPS) erroneously 

closed the Post Office Box AMS used to 

receive sign-up requests, and USPS 

returned mail contained within the box. 

Given this error by the USPS and not 

knowing how many pieces of mail were 

contained in the box, the AMS 

determined it is necessary to reopen the 

sign-up period to allow for any eligible 


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