Presidential Documents

56703 

Federal Register 

Vol. 73, No. 190 

Tuesday, September 30, 2008 

Title 3— 

The President 

Executive Order 13473 of September 25, 2008 

To Authorize Certain Noncompetitive Appointments in the 

Civil Service for Spouses of Certain Members of the Armed 

Forces 

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 


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56704 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Presidential Documents 

(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. 

THE WHITE HOUSE, 

September 25, 2008 

[FR Doc. E8–23125 

Filed 9–29–08; 8:45 am] 

Billing code 3195–01–P 


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