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Policy guidance on Executive Orders – Noncompetitive Appointment in the Competitive Service for Certain State Department Student Scholarship Programs and Certain Employees of the Foreign Service

Wednesday, January 11, 2017
From: 
BETH F. COBERT, ACTING DIRECTOR

On November 29, 2016, President Barack Obama signed Executive Orders (EO) providing for noncompetitive appointment in the competitive service for certain participants in the State Department Student Scholarship Programs and certain employees of the Foreign Service.  These EOs provide alumni of the Fulbright U.S. Student Program, the Benjamin A. Gilman International Scholarship Program, and the Critical Language Scholarship Program; and certain employees of the Foreign Service with noncompetitive appointment eligibility into the competitive service under certain conditions. 

The U.S. Office of Personnel Management (OPM) is advising that agencies must use these authorities in the same manner as other noncompetitive hiring authorities contained in 5 CFR part 315.  This means agencies must adhere to the following conditions before making appointments using these authorities:

  • Public Notice requirements per 5 CFR part 330 subpart A;
  • Agency Career Transition Assistance Plans (CTAP) for Local Surplus and Displaced Employees per 5 CFR part 330 subpart F;
  • Interagency Career Transition Assistance Plan (ICTAP) for Displaced Employees per 5 CFR part 330 subpart G; and
  • Reemployment Priority List (RPL) per 5 CFR part 330 subpart B.

In addition, agencies must apply OPM-approved or Government-wide qualification standards when filling positions under these authorities.  The intended effect of these EOs is to achieve a workforce that is drawn from all segments of society into the competitive service.

OPM will be updating its regulations at 5 CFR part 315 to include these two authorities.  If you or members of your staff have questions or need information, please contact Michelle Glynn at Michelle.Glynn@opm.gov or (202) 606-1571.

Listed below are the links for the EOs on the White House website:

https://www.whitehouse.gov/the-press-office/2016/11/29/executive-order-providing-appointment-alumni-fulbright-us-student

https://www.whitehouse.gov/the-press-office/2016/11/29/executive-order-providing-appointment-competitive-service-certain

cc:  Human Resources Directors