EO 12362Executive OrderReagan · R

Executive Order 12362

Overseas employment

This executive order creates a pathway for family members of U.S. civilian employees, nonappropriated fund employees, and uniformed service members to gain competitive civil service status upon returning from overseas employment. Eligible individuals who complete 18 months of satisfactory overseas service can be appointed noncompetitively to competitive service positions within the United States, subject to qualifications set by the Office of Personnel Management.

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Impact dates

  1. 18 months of overseas service must be completed after January 1, 1980 within ten year period from initial appointment

  2. Eligibility for noncompetitive appointment must be exercised within three years of returning to United States

  3. OPM to prescribe regulations to implement the Order

Key directives

  • Authorize noncompetitive appointment to competitive service positions for qualifying family members of overseas employees
  • Require 18 months of fully satisfactory overseas service in excepted or competitive civil service
  • Allow employing agencies to waive written test requirements based on similar overseas duties
  • Require OPM to prescribe implementing regulations and uniform local hire procedures
  • Establish eligibility criteria including local hire appointment, post-January 1, 1980 service, satisfactory performance, family member status, accompaniment on official assignment, and 3-year exercise window
  • Specify EO provisions control over conflicting Civil Service Rule 8.2

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing; eligible individuals may begin seeking noncompetitive appointments

Near term (90d)

  • OPM to develop implementing regulations and uniform local hire procedures

Long term

  • Ongoing eligibility for qualifying family members returning from overseas service; potential expansion of competitive federal workforce pool

Risks & tensions

  • Vague timeline for OPM regulatory implementation—no explicit deadline stated
  • Potential tension between merit system principles and noncompetitive appointment pathway
  • Hardship exception to 3-year eligibility window creates administrative discretion without defined hardship criteria
  • Service requirement 'after January 1, 1980' creates retroactive eligibility window that may complicate record verification
Executive Order 12362: Overseas employment · Executive Orders