White House Excutive Order: Civil Appointments of Spouses of Armed Force Members

EXECUTIVE ORDER by The President of the United States

TO AUTHORIZE CERTAIN NONCOMPETITIVE APPOINTMENTS IN THE CIVIL SERVICE FOR SPOUSES OF CERTAIN MEMBERS OF THE ARMED FORCES

by George W. Bush

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows:

Section 1.  Policy.  It shall be the policy of the United States to provide for the appropriately expedited recruitment and selection of spouses of members of the Armed Forces for appointment to positions in the competitive service of the Federal civil service as part of the effort of the United States to recruit and retain in military service, skilled and experienced members of the Armed Forces and to recognize and honor the service of such members injured, disabled, or killed in connection with their service.

Sec. 2.  Definitions.  As used in this order:

(a)  the term "agency" has the meaning specified for the term "executive agency" in section 105 of title 5, United States Code, but does not include the Government Accountability Office;

(b)  the term "Armed Forces" has the meaning specified for that term in section 101 of title 10, United States Code;

(c)  the term "active duty" means full-time duty in an armed force and includes 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.

(d)  the term "permanent change of station" means the assignment, detail, or transfer of a member of the Armed Forces serving at a present permanent duty station to a different permanent duty station under a competent authorization or order that does not:

(i)    specify the duty as temporary;
(ii)   provide for assignment, detail, or transfer, after that different permanent duty station, to a further different permanent duty station; or
(iii)  direct return to the present permanent duty station; and
(e)  the term "totally disabled retired or separated member" means a member of the Armed Forces who:
(i)   retired under chapter 61 of title 10, United States Code, with a disability rating at the time of retirement of 100 per cent; or
(ii)  retired or separated from the Armed Forces and has a disability rating of 100 percent from the Department of Veterans Affairs.

Sec. 3.  Noncompetitive Appointment Authority.  Consistent with the policy set forth in section 1 of this order and such regulations as the Director of the Office of Personnel Management may prescribe, the head of an agency may make a noncompetitive appointment to any position in the competitive service, for which the individual is qualified, of an individual who is:

(a)  the spouse of a member of the Armed Forces who, as determined by the Secretary of Defense, is performing active duty pursuant to orders that authorize a permanent change of station move, if such spouse relocates to the member’s new permanent duty station;

(b)  the spouse of a totally disabled retired or separated member of the Armed Forces; or

(c)  the unremarried widow or widower of a member of the Armed Forces killed while performing active duty.

Sec. 4.  Administrative Provisions.  The heads of agencies shall employ, as appropriate, appointment authority available to them, in addition to the authority granted by section 3 of this order, to carry out the policy set forth in section 1.

Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   authority granted by law to a department or agency or the head thereof; and
(ii)  functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative functions.

(b)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

GEORGE W. BUSH