81 FR 87391 - Providing for the Appointment in the Competitive Service of Certain Employees of the Foreign Service

Executive Office of the President

Federal Register Volume 81, Issue 232 (December 2, 2016)

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Presidential Documents]
[Pages 87391-87392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29165]



[[Page 87389]]

Vol. 81

Friday,

No. 232

December 2, 2016

Part VI





The President





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Executive Order 13749--Providing for the Appointment in the Competitive 
Service of Certain Employees of the Foreign Service



Executive Order 13750--Providing for the Appointment of Alumni of the 
Fulbright U.S. Student Program, the Benjamin A. Gilman International 
Scholarship Program, and the Critical Language Scholarship Program to 
the Competitive Service


                        Presidential Documents 



Federal Register / Vol. 81 , No. 232 / Friday, December 2, 2016 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 87391]]

                Executive Order 13749 of November 29, 2016

                
Providing for the Appointment in the Competitive 
                Service of Certain Employees of the Foreign Service

                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, and section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                Section 1. Policy. The Federal Government benefits from 
                a workforce that can be recruited from the broadest and 
                deepest pools of qualified candidates for our highly 
                competitive, merit-based positions. The recruitment and 
                retention of workforce participants who serve in the 
                Foreign Service of the Department of State under a 
                Limited Non-Career Appointment under section 309 of the 
                Foreign Service Act of 1980, Public Law 96-465 (22 
                U.S.C. 3949), as amended, are critical to our ability 
                to meet consular staffing levels (now in substantial 
                deficit) and thereby enhance our capacity to meet high 
                national security standards and efficiently process 
                visas in accordance with our policy of ``open doors, 
                safe borders.'' Program participants undergo a rigorous 
                merit-based evaluation process, which includes a 
                written test and an oral assessment and to which a 
                veteran preference applies, and develop advanced- to 
                superior-level skills in languages and in cultural 
                competence in particular regions, skills that are 
                essential for mission-critical positions throughout the 
                entire Federal workforce.

                Executive Order 13597 of January 19, 2012, sought to 
                ensure that 80 percent of nonimmigrant visa applicants 
                be interviewed within three weeks of receiving an 
                application. The Department of State's ability to 
                maintain this 80 percent benchmark will come under 
                increasing pressure in the future given current and 
                projected staffing shortfalls through 2023. These 
                staffing gaps could adversely affect the Department of 
                State's ability to sustain border security and 
                immigration control at peak efficiency and 
                effectiveness, which will have effects on tourism, job 
                creation, and U.S. economic growth. Use of the Limited 
                Non-Career Appointment hiring authority will provide 
                flexibility to address, for the foreseeable future, 
                both this increased demand and recurring institutional 
                and national needs across the Federal Government.

                Accordingly, pursuant to my authority under 5 U.S.C. 
                3302(1), and in order to achieve a workforce that 
                represents all segments of society as provided in 5 
                U.S.C. 2301(b)(1), I find that conditions of good 
                administration make necessary an exception to the 
                competitive hiring rules for certain positions in the 
                Federal civil service.

                Sec. 2. The head of any agency in the executive branch 
                may appoint in the competitive service an individual 
                who served for at least 48 months of continuous service 
                in the Foreign Service of the Department of State under 
                a Limited Non-Career Appointment under section 309 of 
                the Foreign Service Act of 1980, and who passes such 
                examination as the Office of Personnel Management (OPM) 
                may prescribe.

                Sec. 3. In order to be eligible for noncompetitive 
                appointment to positions under section 2 of this order, 
                such an individual must:

                    (a) have received a satisfactory or better 
                performance rating (or equivalent) for service under 
                the qualifying Limited Non-Career Appointment; and
                    (b) exercise the eligibility for noncompetitive 
                appointment within a period of 1 year after completion 
                of the qualifying Limited Non-Career Appointment.

[[Page 87392]]

                Such period may be extended to not more than 3 years in 
                the case of persons who, following such service, are 
                engaged in military service, in the pursuit of studies 
                at an institution of higher learning, or in other 
                activities that, in the view of the appointing 
                authority, warrant an extension of such period. Such 
                period may also be extended to permit the adjudication 
                of a background investigation.

                Sec. 4. A person appointed under section 2 of this 
                order shall become a career conditional employee.

                Sec. 5. Any law, Executive Order, or regulation that 
                would disqualify an applicant for appointment in the 
                competitive service shall also disqualify a person for 
                appointment under section 2 of this order. Examples of 
                disqualifying criteria include restrictions on 
                employing persons who are not U.S. citizens or 
                nationals, who have violated the anti-nepotism 
                provisions of the Civil Service Reform Act, 5 U.S.C. 
                2302(b)(7), 3110, who have knowingly and willfully 
                failed to register for Selective Service when required 
                to do so, 5 U.S.C. 3328(a)(2), who do not meet 
                occupational qualifying standards prescribed by OPM, or 
                who do not meet suitability factors prescribed by OPM.

                Sec. 6. The Office of Personnel Management is 
                authorized to issue such additional regulations as may 
                be necessary to implement this order. Any individual 
                who meets the terms of this order, however, is eligible 
                for noncompetitive eligibility with or without 
                additional regulations.

                Sec. 7. 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, agency, or the 
head thereof, or the status of that department or agency within the Federal 
Government; 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,

                    November 29, 2016.

[FR Doc. 2016-29165
Filed 12-1-16; 11:15 am]
Billing code 3295-F7-P