Enhancing Noncompetitive Civil Service Appointments of Military Spouses

Executive Order 13832 of May 9, 2018

Enhancing Noncompetitive Civil Service
Appointments of Military Spouses

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 1784 of title 10, United
States Code, and sections 3301 and 3302 of title 5,
United States Code, it is hereby ordered as follows:

Section 1. Definitions. (a) “Military spouse” means:

(i) the husband or wife 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 husband or wife
relocates to the member's new permanent duty station;

(ii) the husband or wife of a totally disabled retired or separated member
of the Armed Forces; or

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

    (b) “Member of the Armed Forces” has the meaning
set forth in 5 CFR 315.612(b)(4).
    (c) “Agency” has the meaning set forth in section
3330d of title 5, United States Code.
    (d) “Military spouse hiring authority” shall
refer to the appointment authority set forth in 5
U.S.C. 3330d and 5 CFR 315.612.

Sec. 2. Policy. (a) Military spouses make critical
contributions to the personal and financial success of
our military families. Military service of spouses,
however, often impairs the spouse's ability to obtain
and maintain employment, and to achieve career goals.
Multiple and frequent relocations make it challenging
for military spouses to maintain the home front, to
comply with licensure and other job requirements, and
to obtain adequate childcare.

    (b) It shall be the policy of the United States to
enhance employment support for military spouses. This
policy will assist agencies in tapping into a pool of
talented individuals and will promote the national
interest of the United States and the well-being of our
military families. It will also help retain members of
the Armed Forces, enhance military readiness, recognize
the tremendous sacrifices and service of the members of
our Armed Forces and their families, and decrease the
burden of regulations that can inhibit the entry of
military spouses into the workforce.

Sec. 3. Promoting Hiring for Military Spouses. (a) To
the greatest extent possible consistent with hiring
needs, agencies shall, when filling vacant positions in
the competitive service, indicate in job opportunity
announcements (JOAs) that they will consider candidates
under the military spouse hiring authority in addition
to candidates identified on the competitive or merit
promotion certificate for the position as well as those
candidates identified through any other hiring
authority a JOA indicates an agency will consider.

    (b) Agencies shall actively advertise and promote
the military spouse hiring authority and actively
solicit applications from military spouses for posted
and other agency positions (including through USAJOBS).
    (c) The Office of Personnel Management (OPM) shall
consider whether changes to 5 CFR 315.612 are
appropriate to account for cases in which

there are no agency job openings within the geographic
area of the permanent duty station of the member of the
Armed Forces for which the member's spouse is
qualified.
    (d) OPM shall also periodically circulate
notifications concerning the military spouse hiring
authority and its eligibility requirements to each
agency's Chief Human Capital Officer or the agency's
equivalent officer, for such officer to transmit to
appropriate offices and to notify eligible populations.
Within 180 days of the date of this order, OPM shall
post to its website, and circulate to each agency's
Chief Human Capital Officer or the agency's equivalent
officer, information about the military spouse hiring
authority. That posting shall include a discussion of
section 1131 of the National Defense Authorization Act
for Fiscal Year 2017, Public Law 114-328, which amended
5 U.S.C. 3330d(c) to eliminate the time limitation on
noncompetitive appointment for a relocating spouse of a
member of the Armed Forces.
    (e) Within 180 days of the date of this order, OPM
shall educate agencies concerning the military spouse
hiring authority and ensure human resources personnel
and hiring managers are briefed on techniques for its
effective use. Concurrently, within 180 days of the
date of this order, OPM shall provide any additional
clarifying guidance it deems appropriate to agencies on
provisions of the Telework Enhancement Act of 2010,
Public Law 111-292, and agencies shall ensure that
human resources personnel and hiring managers are
briefed as needed on techniques for the effective use
of telework.
    (f) Beginning in Fiscal Year 2019, agencies shall
report annually (by December 31 of each year) to OPM
and the Department of Labor the number of positions
made available under the military spouse hiring
authority, the number of applications submitted under
the military spouse hiring authority, and the number of
military spouses appointed under the military spouse
hiring authority during the preceding fiscal year. Such
report shall also describe actions taken during that
period to advertise the military spouse hiring
authority, as well as any other actions taken to
promote the hiring of military spouses.

Sec. 4. Administrative Provisions. (a) The Director of
OPM shall administer this order and shall, in
coordination with the Secretary of Labor, through the
Assistant to the President for Domestic Policy, provide
an annual report to the President regarding the
implementation of this order and any recommendations
for improving the hiring of military spouses, including
steps to enhance the effectiveness of the military
spouse hiring authority.

    (b) The annual report described in subsection (a)
of this section shall also include recommendations,
developed in consultation with the Secretary of Defense
and the Secretary of Homeland Security, for actions
that could be taken to improve license portability and
remove barriers to the employment of military spouses.

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

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) 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 departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    May 9, 2018.