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

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.

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.

THE WHITE HOUSE,

November 29, 2016.