Enhancing Safeguards To Prevent the Undue Denial of Federal Employment Opportunities to the Unemployed and Those Facing Financial Difficulty Through No Fault of Their Own, 7045-7046 [2014-02627]

Download as PDF Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Presidential Documents 7045 Presidential Documents Memorandum of January 31, 2014 Enhancing Safeguards To Prevent the Undue Denial of Federal Employment Opportunities to the Unemployed and Those Facing Financial Difficulty Through No Fault of Their Own Memorandum for the Heads of Executive Departments and Agencies The Federal Government is America’s largest employer. While seeking to employ a talented and productive workforce, it has a responsibility to lead by example. Although executive departments and agencies (agencies) generally can, and do, take job applicants’ employment history and other factors into account when making hiring decisions, it is the policy of my Administration that applicants should not face undue obstacles to Federal employment because they are unemployed or face financial difficulties. The Government must continue to take steps to ensure the fair treatment of applicants, as well as incumbent Federal employees, who face financial difficulties through no fault of their own and make good faith efforts to meet those obligations. Therefore, I hereby direct as follows: Section 1. Individuals Who Are Unemployed or Facing Financial Difficulty. (a) Agencies shall not make an unfavorable determination with respect to the suitability, fitness, or qualifications of an applicant for Federal employment because that applicant: (i) is or was unemployed; or (ii) has experienced or is experiencing financial difficulty through no fault of the applicant, if the applicant has undertaken a good-faith effort to meet his or her financial obligations. (b) Consistent with existing law, agencies shall not remove, suspend, or demote a current Federal employee if the basis of the action is that the employee has experienced, or is experiencing, financial difficulty through no fault of the employee, and the employee has undertaken a good-faith effort to meet his or her financial obligations. tkelley on DSK3SPTVN1PROD with O1 (c) Agencies shall review their recruiting and hiring practices to determine whether such processes intentionally or inadvertently place applicants at an undue disadvantage because of the factors set forth in subsection (a) of this section and report the results to the Director of the Office of Personnel Management (OPM) within 90 days of the date of this memorandum. Taking into account the results, the Director of OPM shall issue guidance to Chief Human Capital Officers to assist agencies with implementation of this memorandum. Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to a department or agency, or the head thereof; (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; (iii) the authority granted by law, Executive Order, or regulation to a department or agency, or the head thereof, to determine eligibility for access to classified information or to occupy a sensitive position; or VerDate Mar<15>2010 17:27 Feb 04, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEO1.SGM 05FEO1 7046 Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Presidential Documents (iv) the authority granted by law or Executive Order to a department or agency, or the head thereof, to take adverse actions against Federal employees for their failure to comply with any law, rule, or regulation imposing upon them an obligation to satisfy in good faith their just financial obligations, including Federal, State, or local taxes. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum 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. (d) The Director of OPM is authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, January 31, 2014. [FR Doc. 2014–02627 Filed 2–4–14; 11:15 am] VerDate Mar<15>2010 17:27 Feb 04, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEO1.SGM 05FEO1 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with O1 Billing code 6325–01

Agencies

[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Presidential Documents]
[Pages 7045-7046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02627]




                        Presidential Documents 



Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / 
Presidential Documents

[[Page 7045]]


                Memorandum of January 31, 2014

                
Enhancing Safeguards To Prevent the Undue Denial 
                of Federal Employment Opportunities to the Unemployed 
                and Those Facing Financial Difficulty Through No Fault 
                of Their Own

                Memorandum for the Heads of Executive Departments and 
                Agencies

                The Federal Government is America's largest employer. 
                While seeking to employ a talented and productive 
                workforce, it has a responsibility to lead by example. 
                Although executive departments and agencies (agencies) 
                generally can, and do, take job applicants' employment 
                history and other factors into account when making 
                hiring decisions, it is the policy of my Administration 
                that applicants should not face undue obstacles to 
                Federal employment because they are unemployed or face 
                financial difficulties. The Government must continue to 
                take steps to ensure the fair treatment of applicants, 
                as well as incumbent Federal employees, who face 
                financial difficulties through no fault of their own 
                and make good faith efforts to meet those obligations. 
                Therefore, I hereby direct as follows:

                Section 1. Individuals Who Are Unemployed or Facing 
                Financial Difficulty. (a) Agencies shall not make an 
                unfavorable determination with respect to the 
                suitability, fitness, or qualifications of an applicant 
                for Federal employment because that applicant:

(i) is or was unemployed; or

(ii) has experienced or is experiencing financial difficulty through no 
fault of the applicant, if the applicant has undertaken a good-faith effort 
to meet his or her financial obligations.

                    (b) Consistent with existing law, agencies shall 
                not remove, suspend, or demote a current Federal 
                employee if the basis of the action is that the 
                employee has experienced, or is experiencing, financial 
                difficulty through no fault of the employee, and the 
                employee has undertaken a good-faith effort to meet his 
                or her financial obligations.
                    (c) Agencies shall review their recruiting and 
                hiring practices to determine whether such processes 
                intentionally or inadvertently place applicants at an 
                undue disadvantage because of the factors set forth in 
                subsection (a) of this section and report the results 
                to the Director of the Office of Personnel Management 
                (OPM) within 90 days of the date of this memorandum. 
                Taking into account the results, the Director of OPM 
                shall issue guidance to Chief Human Capital Officers to 
                assist agencies with implementation of this memorandum.

                Sec. 2. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to a department or agency, or the head 
thereof;

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals;

(iii) the authority granted by law, Executive Order, or regulation to a 
department or agency, or the head thereof, to determine eligibility for 
access to classified information or to occupy a sensitive position; or

[[Page 7046]]

(iv) the authority granted by law or Executive Order to a department or 
agency, or the head thereof, to take adverse actions against Federal 
employees for their failure to comply with any law, rule, or regulation 
imposing upon them an obligation to satisfy in good faith their just 
financial obligations, including Federal, State, or local taxes.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum 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.
                    (d) The Director of OPM is authorized and directed 
                to publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 31, 2014.

[FR Doc. 2014-02627
Filed 2-4-14; 11:15 am]
Billing code 6325-01