EXECUTIVE ORDER GRANTS NON-COMPETITIVE ELIGIBILITY TO USG SPOUSES WORKING OVERSEAS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10-00750R000101480001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 22, 2016
• Document Release Date: December 20, 2011
• Sequence Number: 1
• Publication Date: April 30, 1983
• Content Type: MISC

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Page 19 A-939
Part VI
Attachment A of
QyerseAs Employment
Packet
EXECUTIVE ORDER GRANTS NON-COMPETITIVE ELIGIBILITY
TO USG SPOUSES WORKING OVERSEAS
Executive Order 12362 which will offer U.S. Government (USG)
spouses working in temporary positions abroad non-competitive
eligibility for Civil Service career positions upon their return
to the United States was signed on May 12, 1.982 by President
Reagan. The Executive order will apply to all U.S. citizen family
members who accumulate a total of two years experience overseas in
appropriated fund positions (PITS, AFM/FSNs, LIRs, RHs, etc.) over
a ten-year period. Upon return to the U.S., a family member is
given two years in which to locate a federal Civil Service career-
conditional position for which he/she is qualified and be hired
directly by a federal agency without obtaining certification on
an office of Personnel Management (OPM) register.* Credit may be
earned equally for full-time and part-time employment. E.O. 12362
is retroactive to January 1980, so many individuals have already
earned their eligibility (see page 2).
A privilege granted to returned Peace Corps Volunteers in the
early 1960's through a similar Executive Order, this E.O. will go
far to alleviate the hardships imposed upon USG spouses who frequent-
ly have no other employment opportunities overseas than what the
Mission has to. offer. Many spouses thus build a long USG service
record through intermittent USG employment in temporary non-career
positions overseas which previously gav= them no rights or privileges
upon their return. In the past, depending on the spouse's skills and
qualifications, she/he might have spent months (even a year or more)
upon return to the U.S. obtaining certification on an OPM register
and then locating the federal job opening. Even though the federal
job market is retrenching in Washington, D.C., at least spouses will
no longer have the added burden of having to compete for available
jobs as "outsiders."
Interim regulations to implement E.O. 12362 were published July
2, 1982, in the Federal Register and are included on page 3. Until
final regulations and procedures are issued, family members should
retain all personnel action forms (SF-50s), efficiency reports, travel
orders, etc. relating to overseas temporary employment since January
1980 in order to verify qualifying service under this E.O. For
additional information, contact the Employment Program Coordinator,
M/FLO, Room 1212A, Department of State, Washington, D.C. 20520.
Telephone: [phone] or 3179.
Note: Once in a career-conditional position, the individual must
work satisfactorily for three years before earning permanent
re-employment rights; however, should this three year period
be interrupted by further overseas service, the new regulations
recently issued by OPM in FMP Letter 315-18 (see pages 5&6)
would apply. See also, State magazine, March 1982, p. 25.
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SUBCHAPTER 6. CAREER OR CAREER-CONDITIONAL APPOINTMENT UNDER SPECIAL AUTHORITIES
6-15. APPOINTMENT OF FORMER OVERSEAS EMPLOYEES
a. Eligibility. A former overseas employee may be appointed on a career-
conditional basis noncompetitively to a competitive service position in the United
States under the authority of Executive Order 12362 provided that he or she:
(1) is a United States citizen;
(2) accumulated 24 months of creditable overseas service in
an appropriated fund position(s) under an overseas local hire appointment(s)
within a 10-year period beginning on or after January 1, 1980;
(3) received a satisfactory or better performance rating for
the period of creditable overseas service (this requirement applies to
service accrued after January 1, 1984);
(4) was a family member of a Federal civilian employee or of
a member of a uniformed service (the civilian or uniformed sponsor) who
was officially assigned to the overseas area during the period of creditable
overseas service;
(5) accompanied the civilian or uniformed sponsor on official
assignment in the overseas area while serving in the overseas position
during the period of creditable overseas service.
(6) is appointed within two years of returning to the United
States from the overseas tour of duty during which he or she acquired
eligibility; and
(7) meets all qualification requirements for the position in
the United States for which he or she is applying.
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b. Definitions.
(1) "accompanied the civilian or uniformed sponsor on official
assignment in the overseas area" means a family member residing in the
overseas area while their sponsor is officially assigned to an overseas
post of duty. This definition does not require the family member to
have physically resided with the sponsor at all times or to have travelled
with the sponsor to or from the overseas area.
(2) "Creditable Overseas Service" means the period of employment,
determined in accordance with applicable service crediting procedures
for determining service computation date, when the employee was serving
under a local hire appointment(s) with a satisfactory or better performance
rating and residing in the overseas area as a family member of a Federal
civilian employee or member of a uniformed service on official assignment.
(3) "Family member" means spouses and unmarried children (under
23 years of age) of a member of a uniformed service or Federal civilian
employee officially assigned to the overseas area.
(4) "Federal civilian employee" means employees of the executive,
judicial, and legislative branches of the Government of the United States
who are officially assigned to the overseas area and serve in appropriated
fund positions.
(5) "Local hire appointments" are excepted or competitive service
appointments made from applicants residing in the overseas area which are
not actually or potentially permanent. For purposes of this subpart only,
this definition includes nonpermanent employment as a local national
employee paid from appropriated funds, or under 50 U.S.C. 403j, Public Law
86-36, or the Berlin Tarriff Agreement, overseas limited appointments
under 5 CFR 301.201, nonpermanent excepted appointments under Schedule A
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213.3106(b)(6) or Schedule A 213.3106(d)(1), or an "American Family Member"
or "Part-time--Intermittent--Temporary" appointment in U.S. diplomatic
establishments.
(6) "Member of a uniformed service" means personnel of the
Armed Forces (including the Coast Guard), the commissioned corps of the
Public Health Service, and the commissioned corps of the National Oceanic
and Atmospheric Administration officially assigned to the overseas area.
(7) "Overseas area" means duty locations outside the 50 States
of the United States, the District of Columbia, Guam, Puerto Rico and
the Virgin Islands.
(8) "Sponsor" means a member of a uniformed service or civilian
employee on official assignment to the overseas area who is the spouse
or parent of the family member.
(9) "United States" means the 50 States, the District of Columbia,
Guam, Puerto Rico and the Virgin Islands.
c. Determining Creditable Overseas Service. To be creditable for non-
competitive appointment under E.O. 12362, 24 months of overseas employment
must have been served:
(1) after January 1, 1980; and
(2) under a local hire appointment(s) as defined in paragraph b.5
of this section; and
(3) while the dependent was physically residing in the overseas
area as a family member of a civilian employee or member of
a uniformed service who was officially assigned to the overseas
area; and,
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(4) for service accrued after January 1, 1984, with a satisfactory
or better performance rating.
There is no authority to waive any of the above requirements. Service
crediting procedures of FPM Supplement 296-33 for determining service
computation date are applicable in determining whether former overseas em-
ployees meet the length of service requirements for non-competitive appoint-
ment. Creditable service may have been under several different appointments
and need not have been continuous. Periods of leave without pay which
occurred after the employee left the overseas area are not considered
creditable overseas service for purposes of earning non-competitive
appointment eligibility. Former overseas employees cannot use service
under career-conditional or career appointments, or permanent appointments in
the excepted service to meet service requirements under this order.
d. Overseas local hire appointments. Overseas local hire appointments
are those forms of non-permanent employment designated in paragraph b (5) of
this section. The requirement that local hire appointments be made from
applicants residing in the overseas area does-not preclude agencies from
considering candidates, whose sponsors are being assigned overseas, in
advance of their arrival in the overseas area. Non-permanent appointments
in both the competitive and excepted service are usually indicated by
placement of the employee in tenure group "0" or "3". Appointments under
which the employee is assigned to tenure group 1 or 2 are not considered
local hire appointments.
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Visecurity e. Documentation of overseas local hire employment with national
organizations. In rare cases, security considerations may preclude
the disclosure of specific information on a former employee's overseas
service. Where such employees meet the requirements for noncompetitive
appointment under Executive Order 12362, the overseas employing agency
will issue the employee a certification to this effect. Agencies in the
United States may make noncompetitive appointments on the basis of
this certification.
f. Satisfactory Performance Rating. For service after January 1, 1984,
to be creditable for noncompetitive appointment, the employee must have
received a performance rating of satisfactory or better. Periods of
employment after January 1, 1984 for which the employee did not receive
a satisfactory or better performance rating are not considered as credit-
able overseas service for purposes of meeting non-competitive appointment
elibility requirements under this section. Ratings must be determined in
accordance with the agency's performance appraisal plan established under
Chapter'43 of title 5, U.S. Code unless the overseas agency is exempt from
provisions of this chapter. Periods of overseas employment after January 1,
1984, for which the employee did not receive a satisfactory performance
rating are not considered as creditable overseas service for purposes of
meeting non-competitive appointment eligibility requirements under this
section.
g. Status as a Family Member. Eligibles must have been family members
of U.S. Government civilian or military personnel only during the period
of creditable overseas service. No credit can be given for periods of
overseas service when the individual was not a family member. However,
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eligibles need not be family members of U.S. personnel or unmarried and
under 23 years of age at the time they aply for noncompetitive appointment
in the United States.
h. Requirement for U.S. Citizenship. The requirement that eligibles
be United States citizens applies only at the time they apply for non-
competitive appointment in the United States. Individuals who are otherwise
eligible for noncompetitive appointment, but who were not U.S. citizens
during the period of overseas employment, can be given noncompetitive
appointments if they have since become U.S. citizens.
i. Qualifications Requirements. Eligibles may be appointed to any
position or grade level for which they qualify, subject to meeting qualification
requirements and time-in-grade restrictions. Eligibles must meet all
qualification standards including any written test requirement for the
position for which they are applying in the United States. If the eligible
has served overseas in a higher grade of the same occupational series for
which he or she is applying in the United States, the eligible is considered
to meet the qualification requirements for all lower graded positions in
the same series. Written test requirements for lower graded positions in
the same series may be waived in such cases.
j. Time-in-Grade Restrictions. Time-in-grade restrictions (FPM
Chapter 300) apply to employees appointed under this authority who have
served in a General Schedule position during the previous year.
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k. Appointment Eligibility. Individuals eligible for noncompetitive
appointment under E.0 12362 may be considered for appointment on the same
basis as candidates with civil service status. Eligibles may also receive
noncompetitive, term, or temporary limited appointments (FPM Chapter 316).
Eligibles may receive more than one appointment under this authority as
long as all appointments are made within 2 years of returning to the United
States. Legal authority code and legal authority to be shown on appointments
are ZJK, E.O. 12362.
1. Status and Tenure. Upon nontemporary appointment, the former
overseas employee is a career-conditional employee. Both initial appointment
probation period and the 3-year period for conversion to career appointment
begin with the date of the career-conditional appointment; service under a
local hire appointment overseas is not creditable for either the probationary
period or the service requirement for conversion to career tenure.
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OPM STAFF DRAFT- APRIL 30,1983 tom.`/ ljL ~P~3
PART 315 -- CAREER ANO CAREER - CONDITIONAL EPIPLOYM=^iT
1. In subpart F, 5315.608 is added to read as folows:
?315.608 Noncompetitive appointment of certain former overseas employees.
(a) An agency in the executive branch may appoint noncompeti-
tively to a competitive service position within the United States a
United States citizen who:
(1) accumulated 24 months of creditable overseas service in an
appropriated fund position(s) or equivalent under a local hire
appointment(s) within any ten-year period beginning on or after
January 1, 1980, t: r' t~ :- ,
_. ;
(2) received a satisfactory or better performance rating for ch
the period of creditable overseas service;
(3) -zscurpeni }was a family member of a civilian employee or of a
member of a uniformed service (the civilian or uniformed sponsor)
30
MAY2 I3
who was officially assigned to the overseas area in this
1 while the - e :(s} during the
period of creditable overseas service;
(4) accompanied the civilian or uniformed sponsor on official
(5
assignment 4e- in the overseas post Qf dot,' area while serving in
the overseas position(s) during the period of creditable overseas
service;
is appointed
'6)
within two years-eafter returning to the United States from the
overseas tour of duty during which he or she acquired eligibility; and
meets all qualification requirements for the positions in the
United States for which he or she is applying.
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(b) Definitions
In this Subpart:
11"r662rir l4E?e ei'~~=-11 i r uni =rte : c r or ~^ official
ssi e9 r t o a e ' 0 2 ._ .
r .t, + . u
h o a t, e^ d t 1 1 o-. b a f t ,mo o f ._ a `L: -C a o r
~TC~.~J~T?'lZ'3'~T ~ 1 '1 i c C i 7f t7 ~~ J r\ 1
Feder 4 civi14 an -'p';:yee off; to the oyerscar
;-r-ea Chile cervnJ the versa nn~ t n ^r s t one
"Creditable Overseas Service means the period of employment,
determined in accordance with applicable service crediting proce-
dures, when the enplo::ee was serving under a local hire appointment(s)
with a satisfactory or better performance rating and residing in
the overseas area as = fa-lily mercer accompanying a civilian
employee or member of a uniformed service on official assignment
"Family member"'-eans spouses and unmarried children (under
23 years of age) of a member of a uniformed service or Federal
civilian employee officially assigned to the overseas area.
"Federal "civili=-n employee" means employees of the executive,
judicial, and legislative branches of the Government of the
United States who are officially assigned to the overseas area
and serve in appropr'_ted fund positions.
t
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seas aFzear-
"Local hire appointments" are appointments made from applicants
residing in the overseas area which are not actually or potentially
permanent. For purposes of this subpart, this definition includes
non- permanent employment as a local national employee paid from
appropriated funds, or under 50 U.S.C. 4031111 Public Law 86-36,
or the Berlin Tarr'iff Agreement, overseas limited appointments
under 5 CFR 301.201, nonpermanent excepted appointments under
Schedule A 213.3106(b)(6) or Schedule A 213.3105(d)(1), an "American
Family Member" or "Part-time Intermittent Temporary" appointment
in U.S. diplomatic establishments or any other nonpermanent overseas
appointment in the competitive or excepted service so designated
by the Office of Personnel Management in the Federal Personnel-
Manual.
"Member of a uniformed service" means personnel of the Armed
Forces (including the Coast Guard), the commissioned corps of the
Public Health Service, and the commissioned corps of the National
Oceanic and Atmospheric Administration officially assigned to the
overseas area.
"Overseas area" means duty locations outside the 50 States
of the United States, the District of Cola7bia, Guam, Puerto
Rico and the Virgin Islands.
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"Sponsor" means a member of a uniformed service or civilian
employee on official assign-lent to the overseas area who is the
spouse or parent of the family merrber.
"United States" means the 50 States, the District of Columbia,
Guam, Puerto Rico and the Virgin Islands.
(c) Conditions
(1)
,ploy@es as well as
ant -L egs fort cirr oi':r--__ __:-yla2.
Selection of employees in the overseas area should be made
on the basis of the ability, kno,rledce and skills of eligible
candidates, in accordance with applicable law and regulation.
(2) Any law, Executive order or regulation that disqualifies an
applicant for appointment also disqualifies an applicant for
- appointment under this section.
(3) As soon as practicable but not later than January 1, 1934,
determination of satisfactory performance ratings for periods
of creditable overseas service under this subpart must be made
in accordance with the agency's performance appraisal plan
established under Chapter 43 of Title 5, U.S. Code, unless
the overseas employing agency is exemot from the provisions
of this Chapter.
(d) Tenure of Appointment
A person appointed under th's section oeco-ies a career-conditional
employee.
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5.
(e) Acquisition of Competitive Status
A person appointed under this section acquires competitive status
automatically upon completion of probation.
PART 316 -- TEMPORARY AND TERM EMPLOYMENT
2. In Subpart C, ?316.302(c)(3) is revised to read as follows:
?316.302 Selection of term employees.
(c)
(3)
* * *
A person eligible for career or career-conditional appointment
under ??315.601, 315.605, 315.606, or ?315.608 of this chapter;
* * * *
3. In Subpart D, ?316/402(b)(2) is revised to read as follows:
?316.402 Authorities for temporary appointments.
(b) * * *
(2) A person eligible for career or career-conditional appointment
under ??315.601, 315.605, 315.606, 315.607 or ?315.608 of this
chapter;
* * * *
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