[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Presidential Documents]
[Pages 39111-39116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12974]
Presidential Documents
Federal Register / Vol. 88 , No. 115 / Thursday, June 15, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 39111]]
Executive Order 14100 of June 9, 2023
Advancing Economic Security for Military and
Veteran Spouses, Military Caregivers, and Survivors
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. Military-connected families are
American working families. Military and veteran
families, military caregivers, and survivors face many
of the same challenges as their neighbors, but they can
carry the additional strains of multiple deployments;
frequent moves with little control over their
geographic location; caring for wounded, ill, and
injured service members or veterans; time apart for
training and other demands of military life; and more.
The unique demands of military life continue to affect
veteran families, military caregivers, and survivors
for years after a service member's time in uniform.
Military families, like their civilian counterparts,
increasingly look to rely upon dual incomes; however,
the 21 percent unemployment rate experienced by active-
duty military spouses in the workforce makes that a
difficult goal to achieve and maintain. Nearly one in
five military families cite challenges with spousal
employment as a reason when considering leaving active-
duty service. The challenges associated with the
military lifestyle, including permanent change-of-
station moves every 2 to 3 years on average for active-
duty families, mean that military spouses often
struggle to find options for work that are portable or
allow them to build a sustainable long-term career.
Employment challenges are not limited to active-duty
spouses, as Reserve and National Guard spouses must
balance their careers against the unpredictable nature
of the service member's schedule, activations, and
deployments. Employment challenges can continue to
affect the employability and career trajectory of
veteran spouses well after a service member leaves the
service.
Recognizing the importance of military family economic
well-being to the all-volunteer force, the Federal
Government employs more than 16,000 military, veteran,
and surviving spouses. As the Nation's largest
employer, we must be a model for diversity, equity,
inclusion, and accessibility, and, in doing so, we
recognize that military spouses are an underserved
community. Whether they choose public service,
employment in the private sector, or entrepreneurship
through building a small business, it is the policy of
my Administration to advance economic opportunity for
military spouses. My Administration also recognizes the
imperative of promoting economic security for military
spouses--the vast majority of whom are women--under the
National Strategy on Gender Equity and Equality.
In addition, my Administration understands that access
to high-quality, affordable child care is a necessity
for working families, and a military readiness issue.
While the Department of Defense offers the largest
employer-sponsored child care network in the country,
military families still face challenges related to
capacity and non-traditional work schedules. Many
military families seeking care outside of the gates of
our military bases struggle to find care they can
afford. Because access to child care should not be an
impediment to service, I have directed the Secretary of
Defense to ensure the Fourteenth Quadrennial Review of
Military Compensation, undertaken in January 2023,
includes an assessment of child care access and cost in
its review of military benefits and pay, along with
consideration
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of factors such as the challenge of military spouse
unemployment, frequent military moves, and periods of
geographic separation between service members and their
spouses, including dual military couples.
Military spouses can also be service members
themselves, wearing the Nation's uniform in our Active
Components, National Guard, or Reserve forces, with a
higher percentage of women service members in a dual
military marriage than their male counterparts. As we
recognize the 75th anniversary of women's integration
into the Armed Forces, my Administration is committed
to removing barriers to women's ability to serve,
including difficulty in accessing child care, which
poses a challenge for both spouses, but
disproportionately affects retention for women,
especially women in dual military couples, and can play
a factor in women's early separation from the Armed
Forces.
As we commemorate the 50th anniversary of the all-
volunteer force, we must appreciate now more than ever
that the commitment and resilience of military-
connected families are essential to the recruitment,
retention, and readiness of our Armed Forces and the
enduring strength of our Nation. Meeting the economic,
social, and emotional needs of our military and veteran
families, military caregivers, and survivors is a
national security imperative. In times of peace and of
war, military and veteran families, military
caregivers, and survivors have sacrificed much for our
country, answering the call to duty time and again. We
owe them nothing less than the dignity of a meaningful
career and the opportunity to build economic security
for their families.
Sec. 2. Government-wide Military and Veteran Spouse,
Military Caregiver, and Survivor Hiring and Retention
Strategic Plan and Training. Given the considerable
Federal footprint around many military installations,
military spouses are often interested in pursuing
careers in the Federal civil service. To ensure that
the Federal Government is an employer of choice for
military and veteran spouses, military caregivers, and
survivors, executive departments and agencies
(agencies) must strengthen their ability to recruit,
hire, develop, promote, and retain this skilled and
diverse pool of talent. To that end:
(a) The Director of the Office of Personnel
Management (OPM) and the Deputy Director for Management
of the Office of Management and Budget, in consultation
with the Secretary of State, the Secretary of Defense,
the Secretary of Labor, the Secretary of Veterans
Affairs, and the Secretary of Homeland Security, shall
develop and issue a Government-wide Military and
Veteran Spouse, Military Caregiver, and Survivor Hiring
and Retention Strategic Plan (Military-Connected Plan)
within 180 days of the date of this order that builds
upon the Government-wide plans required by Executive
Order 13583 of August 18, 2011 (Establishing a
Coordinated Government-Wide Initiative to Promote
Diversity and Inclusion in the Federal Workforce), and
Executive Order 14035 of June 25, 2021 (Diversity,
Equity, Inclusion, and Accessibility in the Federal
Workforce). The Military-Connected Plan shall be
updated as appropriate and at a minimum every 4 years.
The Military-Connected Plan shall:
(i) define measures of success for the recruitment, hiring, and retention
of military and veteran spouses, military caregivers, and survivors based
on leading policies and practices in the public, private, and nonprofit
sectors;
(ii) include plans for OPM to consult with the Department of Defense and
the Department of Homeland Security in developing enhanced support for the
retention of military spouses in Federal careers, consistent with merit
system principles as defined in 5 U.S.C. 2301;
(iii) consistent with merit system principles, identify strategies--
including pursuing development of a legislative proposal, as appropriate--
to eliminate, where applicable, barriers to the employment of military and
veteran spouses, military caregivers, and survivors in the Federal
workforce, including with respect to recruitment; hiring, including an
assessment of whether
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to pursue expanded eligibility for derivative preference; promotion;
retention; performance evaluations and awards; professional development
programs; mentoring programs or sponsorship initiatives; internship,
fellowship, and registered apprenticeship programs; employee resource group
and affinity group programs; and training, learning, and onboarding
programs;
(iv) identify strategies for marketing the talent, experience, and
diversity of military and veteran spouses, military caregivers, and
survivors to agencies; and
(v) develop a data-driven approach to increasing transparency and
accountability in hiring and retention--including by encouraging agencies
to set goals for hiring under the Military Spouse Noncompetitive
Appointment Authority established by 5 U.S.C. 3330d and hiring individuals
eligible for derivative preference, to use data internally to improve
performance, and to use data to publicly report on progress--which would
build upon, as appropriate, the reporting requirements of Executive Order
13832 of May 9, 2018 (Enhancing Noncompetitive Civil Service Appointments
of Military Spouses).
(b) Beginning with Fiscal Year 2025, the Director
of OPM shall revise the title of the ``Employment of
Veterans in the Federal Executive Branch'' annual
report to ``Employment of Veterans and Military-
Connected Spouses and Survivors in the Federal
Executive Branch,'' and shall include in the report the
existing data previously reported in the ``Employment
of Veterans in the Federal Executive Branch'' report,
including statistics on the hiring of military and
veteran spouses and survivors in a manner that allows
for comparison and analysis of the distinct populations
and hiring mechanisms.
(c) The Secretary of Veterans Affairs and the
Director of OPM shall collaborate on opportunities to
better share Federal employee survey data to enable
analysis and reporting relevant to the employment of
military and veteran spouses and survivors.
(d) In collaboration with the Director of OPM and
consistent with 5 U.S.C. 4103, agencies shall provide
annual training for agency human resources personnel
and hiring managers concerning the employment of
military and veteran spouses, military caregivers, and
survivors, including training on special authorities
for the hiring of military spouses and survivors, and
the provision of tools to build the agencies' capacity
to make use of applicable hiring authorities, including
distribution of the Joining Forces military spouse
hiring toolkit, which OPM shall publish on the
FedsHireVets website.
(e) The Office of Science and Technology Policy
(OSTP) National Science and Technology Council
Subcommittee on Equitable Data, as designated by
Executive Order 14091 of February 16, 2023 (Further
Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government), shall
develop recommendations on ways in which agencies can
expand Federal datasets to track outcomes for military
and veteran spouses, military caregivers, and
survivors. Such recommendations shall be included in
the Director of OSTP's reports to the White House
Steering Committee on Equity under section 9 of
Executive Order 14091.
(f) The Secretaries of Defense, Labor, Veterans
Affairs, and Homeland Security shall work together
through existing interagency collaborations, including
the Transition Assistance Program, to increase training
and employment opportunities for military spouses in
the workforce through the transition to veteran spouse
status.
Sec. 3. Updates to Federal Training and Hiring
Authorities. To strengthen the ability of the Federal
Government to train, develop, and hire military and
veteran spouses and survivors:
(a) Beginning with Fiscal Year 2025, agencies shall
list the Military Spouse Noncompetitive Appointment
Authority established by 5 U.S.C. 3330d when
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soliciting applications from outside of their workforce
for positions announced on USAJOBS or other job posting
sites. This requirement applies when using merit
promotion procedures to fill competitive service
positions.
(b) The Secretary of Labor shall examine the
eligibility of military and veteran spouses for
programs that provide education, job training,
employment services, employer engagement, and other
relevant programs, and, as appropriate, shall work to
reduce barriers that military and veteran spouses may
face in accessing those programs.
(c) The Director of OPM shall examine the
eligibility criteria for the Recent Graduates Program
established by section 2 of Executive Order 13562 of
December 27, 2010 (Recruiting and Hiring Students and
Recent Graduates), and, as appropriate, including by
recommending Presidential action as necessary, shall
work to reduce barriers that military spouses may face
in accessing the Program.
Sec. 4. Retention of Military and Veteran Spouses and
Military Caregivers, Including Those Employed by the
Federal Government. In order to support military and
veteran spouses and military caregivers, including
those who are employed by the Federal Government:
(a) The Director of OPM shall issue guidance to
agencies:
(i) reinforcing existing telework and remote work flexibility options
pursuant to 5 U.S.C. 6502 for Federal employees, including military spouses
and military caregivers, and encouraging agency leaders to consider these
as options for retaining Federal employee military spouses and military
caregivers;
(ii) encouraging agencies to support the policies set forth in section 1 of
this order by granting up to 5 days of administrative leave to military
spouses during a geographic relocation occurring as directed by a service
member's orders; and
(iii) encouraging agencies to collaborate so that a military spouse or
military caregiver Federal employee may be placed in another Federal agency
position when arrangements to retain a military spouse or military
caregiver--including following changes to support continuity of care or
relocation due to permanent change-of-station orders for the active-duty
service member--are unavailable to allow them to continue in their existing
position.
(b) The Secretary of State and the Secretary of
Defense, when reevaluating or entering agreements with
host nations, shall consider work options for military
spouses who are performing remote work for non-
Department of Defense entities, so as to reduce
barriers for military spouses seeking to continue their
private sector- or self-employment.
(c) The Secretary of Defense shall coordinate with
the heads of the Military Departments, and the
Secretary of Homeland Security shall coordinate with
the Commandant of the United States Coast Guard, to
amend their respective legal assistance instructions to
allow for consultation, advice, and assistance to
military families on Status of Forces Agreements and
other agreements with host nations affecting family
employment, so as to provide support for military
spouses navigating complex employment requirements
related to working remotely while their active-duty
service member spouse is stationed overseas. Those
amendments shall specify that legal assistance is
limited to the personal civil legal affairs of military
dependents affected by employment restrictions related
to a Status of Forces Agreement or other host nation
agreement, and does not extend to their employers or
the establishment, management, or taxation of small
business organizations.
Sec. 5. Domestic Employees Teleworking Overseas Policy.
In order to ensure that military spouses are able to
equitably and reasonably access opportunities for
remote work in their Federal jobs when their service-
member spouse receives orders overseas, promote
togetherness for military families, and enable agencies
that employ military spouses--resilient and talented
civil servants--to retain them, the following
improvements shall be made to the
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Domestic Employees Teleworking Overseas (DETO) program
implemented by agencies pursuant to the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81):
(a) The Secretary of State and the Secretary of
Defense shall enter into a Memorandum of Understanding
(MOU) to address residential security and safety
requirements for military spouses employed by the
Federal Government and working overseas through the
DETO program. The MOU shall be communicated to
sponsoring agencies, and the Secretaries of State and
Defense shall develop appropriate guidance to
communicate the provisions of the MOU to military
spouses who are civilian employees of the Federal
Government.
(b) To promote consistency and effective
coordination in the implementation of the DETO program
across the executive branch, agencies shall:
(i) develop common standards for DETO policies, including identification of
points of contact and creation of guidelines to ensure that such policies
are communicated and advertised in a manner accessible to military spouse
employees;
(ii) establish a DETO application system and develop a method to track DETO
applications received and processed, as well as application processing
timelines; and
(iii) establish time frames for DETO application processing and approvals,
considering the time-sensitive nature of decisions for applications by
military spouses due to permanent change-of-station moves and other factors
unique to military families.
Sec. 6. Expanding Support for Military and Veteran
Spouse Entrepreneurs. Many military spouses start their
own businesses because of a need for flexibility or
inability to find or maintain other employment. When
military spouses must discontinue their businesses,
however, they often cite military moves, rather than
lack of profitability, as the reason. To support
military spouse entrepreneurs in starting and
sustaining their businesses, the Administrator of the
Small Business Administration shall:
(a) expand access to resources tailored to military
and veteran spouses who are interested in starting or
growing a small business, including guidance to help
military spouses with relocating a business following a
military move; and
(b) evaluate access to capital gaps for military
spouse entrepreneurs.
Sec. 7. Child Care for Military Families. The
Department of Defense operates the largest employer-
sponsored child care program in the United States in
order to provide military families with support that is
essential to overall mission readiness, retention, and
recruitment. To build on the existing support and
ensure that military families have access to
affordable, high-quality child care allowing both the
service member and the spouse to pursue professional
opportunities, the Secretary of Defense shall:
(a) in coordination with the Director of OPM,
establish flexible spending accounts for the care of
military dependents, available to military personnel no
later than January 1, 2024; and
(b) expand pathways for military spouses to provide
certified, home-based child care on military
installations, including by providing them with support
in seeking licensure and achieving government-mandated
quality benchmarks.
Sec. 8. Definitions. For the purposes of this order:
(a) The term ``active duty'' has the meaning set
forth in 10 U.S.C. 101(d)(1), except that the term also
includes ``active Guard and Reserve duty,'' as defined
in 10 U.S.C. 101(d)(6)(a).
(b) The term ``agency'' means any authority of the
United States that is an ``agency'' under 44 U.S.C.
3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
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(c) The term ``derivative preference'' means those
who are ``preference eligible,'' as defined in 5 U.S.C.
2108(3), because they are eligible spouses and parents
who use a veteran's preference when the veteran is
unable to do so.
(d) The term ``military caregiver'' means the
spouse, child, parent, or next of kin of a veteran who
is the primary caregiver for a veteran undergoing
medical treatment, recuperation, or therapy for a
serious injury or illness who was a member of the Armed
Forces (including a member of the National Guard or
Reserves) and who was discharged or released under
conditions other than dishonorable.
(e) The term ``military spouse'' means an
individual married to a member of the Armed Forces who
is performing active duty.
(f) The term ``survivor'' means the spouse, child,
parent, or next of kin of a service member who died
while on active duty, or from a service-connected
disability following discharge or release under
conditions other than dishonorable.
(g) The term ``veteran spouse'' means an individual
married to a retired or separated member of the Armed
Forces who was discharged or released under conditions
other than dishonorable, so long as the marriage
occurred prior to or during the service member's active
service.
Sec. 9. 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,
June 9, 2023.
[FR Doc. 2023-12974
Filed 6-14-23; 8:45 am]
Billing code 3395-F3-P