2019 Statutory changes and Proposed OPM Regulations for Hiring of Military Spouses

The National Defense Authorization Act (“NDAA” for Fiscal Year 2019 amended provisions of 5 U.S.C. 3330d, governing the military spouse hiring authority. “In accordance with revised 5 U.S.C. 3330d(b), the head of an agency may now appoint noncompetitively: the spouse of a member of the armed forces on active duty, the spouse of a 100 percent disabled member of the armed forces, or the spouse of a deceased member of the armed forces.” See Friday, March 1, 2019 Memorandum for: Chief Human Capital Officers From: Margaret M. Weichert, OPM Acting Director “ Recent Changes to the Noncompetitive Hiring Authority of Military Spouses.”

Now, the Office of Personnel Management (OPM) has proposed regulations to give effect to the NDAA FY19 provisions but also to implement other statutory and Executive Order modifications concerning the employment of military spouses in Federal agencies . [Federal Register Volume 85, Number 104 (Friday, May 29, 2020)] [Proposed Rules] [Pages 32304-32308] [FR Doc No: 2020-10768] https://www.govinfo.gov/content/pkg/FR-2020-05-29/html/2020-10768.htm OPM makes these changes to give effect to 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.

If interested in employment rights of military spouses pursuant to the NDAA FY 19 provisions, read the OPM Acting Director‘s guidance sent to heads of federal agencies. https://www.chcoc.gov/content/recent-changes-noncompetitive-hiring-authority-military-spouses. If after reading the May 29, 2020 proposed regulations, you want to comment on the proposed regulations, submit comments, identified by the docket number or Regulation Identifier Number (RIN) for this proposed rulemaking, at Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for sending comments. If you have an employment issue with this hiring authority or another regulation or statute, then call me. Have a great and safe weekend

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