[Weekly Compilation of Presidential Documents Volume 44, Number 38 (Monday, September 29, 2008)]
[Pages 1257-1259]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
 Executive Order 13473--To Authorize Certain Noncompetitive Appointments 
in the Civil Service for Spouses of Certain Members of the Armed Forces

 September 25, 2008

    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:

[[Page 1258]]

     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
    (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.
                                                George W. Bush
 The White House,
 September 25, 2008.

 [Filed with the Office of the Federal Register, 8:45 a.m., September 
29, 2008]

  Note:  This Executive order was released by the Office of the Press 
Secretary on September 26,

[[Page 1259]]

and it will be published in the  Federal Register  on September 30.