Advancing Economic Security for Military and Veteran Spouses, Military Caregivers, and Survivors

[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.

eographic 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.

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.

uilding 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.

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

ry-

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:

hat

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:

e

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

elopment

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.

rt 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.

l 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:

nd 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.

gram

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.

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

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):

pouses--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

) 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

he 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:

y 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.

ss 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.

uthority 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