[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]


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                         Presidential Documents 
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  Federal Register / Vol. 88 , No. 115 / Thursday, June 15, 2023 / 
Presidential Documents  

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 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

[[Page 39112]]

                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

[[Page 39113]]

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

[[Page 39114]]

                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

[[Page 39115]]

                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).

[[Page 39116]]

                    (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