[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Presidential Documents]
[Pages 56703-56704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23125]


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

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 Title 3--
 The President

[[Page 56703]]

                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

[[Page 56704]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 25, 2008

[FR Doc. E8-23125
Filed 9-29-08; 8:45 am]
Billing code 3195-01-P