Federal Register

Executive Order 12362--Overseas employment

Source: The provisions of Executive Order 12362 of May 12, 1982, appear at 47 FR 21231, 3 CFR, 1982 Comp., p. 182, unless otherwise noted.

By the authority vested in me as President of the United States of America by Sections 3301 and 3302 of Title 5 and Section 301 of Title 3 of the United States Code, and in order to permit certain overseas employees to acquire competitive status upon returning to the United States, it is hereby ordered as follows:

Section 1. A United States citizen who is a family member of a civilian employee, a nonappropriated fund employee, or of a member of a uniformed service and who has completed a total of 18 months of fully satisfactory service under one or more overseas appointments in the excepted or competitive civil service, may be appointed noncompetitively to a competitive service position in the Executive branch within the United States (including Guam, Puerto Rico and the Virgin Islands) if he or she meets the qualifications and other requirements established by the Director of the Office of Personnel Management and the provisions of this Order. The employing agency in the United States may waive a requirement for a written test for an individual appointed under this Order if the agency determines that the duties and responsibilities of the position occupied overseas were similar enough to those of the position to which the individual is being appointed under this Order to make the written test unnecessary.

[Sec. 1 amended by Executive Order 12585 of Mar. 3, 1987, 52 FR 6773, 3 CFR, 1987 Comp., p. 203]

Sec. 2. In order to be eligible for noncompetitive appointment to positions within the United States under this authority, such an individual must:
(a) have been appointed to an overseas position or positions while residing in the overseas area under local hire procedures approved by the Director of the Office of Personnel Management;
(b) have completed 18 months of overseas service in an appropriated fund position after January 1, 1980 within a ten year period from the date of initial appointment;
(c) have received a satisfactory or better performance rating for such overseas service;
(d) have been a family member of an appropriate sponsor (a civilian employee, a nonappropriated fund employee, or a member of a uniformed service) while serving in the overseas position or positions;
(e) have accompanied the sponsor on official assignment to an overseas post of duty while serving in the overseas position or positions; and
(f) exercise the eligibility for noncompetitive appointment within three years of returning to the United States, unless a longer period of eligibility is approved by the Office of Personnel Management in a particular case due to hardship.

[Sec. 2 amended by Executive Order 12585 of Mar. 3, 1987, 52 FR 6773, 3 CFR, 1987 Comp., p. 203]

Sec. 3. The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to implement this Order, including uniform local hire procedures to assure merit selection of overseas employees.

Sec. 4. To the extent there is any conflict between this Order and Civil Service Rule 8.2 (5 CFR 8.2), the provisions of this Order shall control.


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