New Executive Order Provides Limited Non-Career Appointees a Pathway to the Competitive Service

Posted: 2:23 pm ET

 

On November 29, President Obama signed an executive order that allows the appointment of certain limited non-career appointees into the competitive service.  The E.O says “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.”  It looks like LNAs can be appointed to any civil service position at any agency but does not provide for their appointment into the Foreign Service.

Republished below in full, the original text is available here.

PROVIDING FOR THE APPOINTMENT IN THE COMPETITIVE SERVICE OF CERTAIN EMPLOYEES OF THE FOREIGN SERVICE
BARACK OBAMA
THE WHITE HOUSE
November 29, 2016.

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.

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.

#

New Executive Order Provides Certain USG Program Alumni a Pathway to Competitive Service

Posted: 2:07 pm ET

 

On November 29, President Obama signed an executive order that allows the appointment of alumni of the Fulbright, Gilman, and CLS programs into the Federal civil service.  Republished below in full, the original text is available here.

EXECUTIVE ORDER

– – – – – – –
PROVIDING FOR THE APPOINTMENT OF ALUMNI OF THE FULBRIGHT U.S. STUDENT PROGRAM, THE BENJAMIN A. GILMAN INTERNATIONAL SCHOLARSHIP PROGRAM, AND THE CRITICAL LANGUAGE SCHOLARSHIP PROGRAM TO THE COMPETITIVE SERVICE

BARACK OBAMA
THE WHITE HOUSE
November 29, 2016

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 issuance of an order granting Non-Competitive Eligibility (NCE) to certain alumni of the Fulbright U.S. Student Program, the Benjamin A. Gilman International Scholarship Program, and the Critical Language Scholarship (CLS) Program, all of which are academic exchange programs carried out under the authorities of the Mutual Educational and Cultural Exchange Act of 1961, Public Law 87-256, as amended, also known as the Fulbright-Hays Act, and the International Academic Opportunity Act of 2000, title III of Public Law 106-309, would be in the best interest of the Federal Government. Participants in these programs develop advanced- to superior-level skills in languages and cultural competence in regions that are strategically, diplomatically, and economically important to the United States. It is in the interest of the Federal Government to retain the services of these highly skilled individuals, particularly given that the Federal Government aided them in the acquisition of their skills. Participants in the Fulbright, Gilman, and CLS programs are drawn from highly competitive, merit-based national selection processes to which a veterans’ preference applies to ensure that the most qualified individuals are selected.

Accordingly, pursuant to my authority under 5 U.S.C. 3302(1), and in order to achieve a workforce that is drawn from 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. Establishment. The head of any agency in the executive branch may appoint in the competitive service any person who is certified by the Secretary of State or designee as having participated successfully in the Fulbright, Gilman, or CLS international exchange programs, and who passes such examination as the Office of Personnel Management (OPM) may prescribe.

Sec. 3. The Secretary of State or designee shall issue certificates, upon request, to persons whom the Department of State determines have completed the requirements of a program described in section 1 of this order.

Sec. 4. Any appointment under this order shall be effected within a period of 1 year after completion of the appointee’s participation in the programs described in section 1. Such period may be extended to not more than 3 years for persons who, following participation in the programs described in section 1, are engaged in military service, in the pursuit of studies at an institution of higher learning, or in other activities which, 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. 5. A person appointed under section 2 of this order becomes a career conditional employee.

Sec. 6. Any law, Executive Order, or regulation that would disqualify an applicant for appointment in the competitive service shall also disqualify an applicant for appointment under 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. 7. 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 hiring with or without additional regulations.

Sec. 8. 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.

 

#

Will the US Embassy Move From Tel Aviv to Jerusalem?

Posted: 12:50 am ET

 

The Jerusalem Embassy Act of 1995 declares that it is the policy of the United States that (1) Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected;(2) Jerusalem should be recognized as the capital of the State of Israel; and (3) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.

Since passage, the law has never been implemented, because of opposition from Presidents Clinton, Bush, and Obama.  Via CRS (pdf):

Successive U.S. Administrations of both political parties since 1948 have maintained that the fate of Jerusalem is to be decided by negotiations and have discouraged the parties from taking actions that could prejudice the final outcome of those negotiations. Moreover, the Palestinians envisage East Jerusalem as the capital of their future state. However, the House of Representatives passed H.Con.Res. 60 in June 1997, and the Senate passed S.Con.Res. 21 in May 1997. Both resolutions called on the Clinton Administration to affirm that Jerusalem must remain the undivided capital of Israel.

A related issue is the possible future relocation of the U.S. embassy from Tel Aviv to Jerusalem. Proponents argue that Israel is the only country where a U.S. embassy is not in the capital identified by the host country, that Israel’s claim to West Jerusalem—proposed site of an embassy—is unquestioned, and/or that Palestinians must be disabused of their hope for a capital in Jerusalem. Opponents say such a move would undermine prospects for Israeli-Palestinian peace and U.S. credibility with Palestinians and in the Muslim world, and could prejudge the final status of the city. The Jerusalem Embassy Act of 1995 (P.L. 104-45) provided for the embassy’s relocation by May 31, 1999, but granted the President authority, in the national security interest, to suspend limitations on State Department expenditures that would be imposed if the embassy did not open. Presidents Clinton, Bush, and Obama have consistently suspended these spending limitations, and the embassy’s status has remained unchanged.

The State Department Authorization Act for FY2002-FY2003 (P.L. 107-228) urged the President to begin relocating the U.S. embassy “immediately.” The act also sought to (1) prohibit the use of appropriated funds for the operation of U.S. diplomatic facilities in Jerusalem unless such facilities were overseen by the U.S. ambassador to Israel; and (2) allow Israel to be recorded as the place of birth of U.S. citizens born in Jerusalem. When signing the act into law, President George W. Bush wrote in an accompanying “signing statement” that the various provisions on Jerusalem would, “if construed as mandatory … impermissibly interfere with the president’s constitutional authority to conduct the nation’s foreign affairs.” The State Department declared, “our view of Jerusalem is unchanged. Jerusalem is a permanent status issue to be negotiated between the parties.”

There are currently two related ongoing construction work at USG properties in Israel. There is a $50M renovation at US Embassy Tel Aviv, and ongoing work at an annex for US Consulate General Jerusalem. As of November 9, we understand that both projects have been put on hold.

Hmmmnn ….

 

#

For Foreign Diplomats, Trump WashingtonDC Hotel Is the Place To Be

Posted: 12:25 am ET

 

For those interested in the subject of conflicts of interest and the presidency, here is a good read from the Congressional Research Service:

Does federal law require the President to relinquish control of his or her business interests? Federal regulation of financial conflicts of interest is aimed at preventing opportunities for officials to personally benefit from influence they may have in their official capacity. As a general rule, public officials in the executive branch are subject to criminal penalties if they personally and substantially participate in matters in which they (or their immediate families, business partners or associated organizations) hold financial interests. However, because of concerns regarding interference with the exercise of constitutional duties, Congress has not applied these restrictions to the President. Consequently, there is no current legal requirement that would compel the President to relinquish financial interests because of a conflict of interest.

Read more:

#

Inauguration Day Countdown: Is the prospect of mass resignations a real thing?

Posted: 12:06 pm ET

Via Politico:

Foreign policy veterans may be in especially high demand at the State Department, where career foreign service officers have talked for months about whether they could serve under a President Donald Trump—a debate many considered academic but which now presents them with a grueling choice between their values and their country.

The prospect of mass resignations “is a real thing,” according to one career diplomat who has had several such conversations with State Department colleagues.

Eliot Cohen, an influential Republican who served as counsellor to Secretary of State Condoleezza Rice, and who vehemently opposed Trump, urged longtime diplomatic and national security professionals not to quit in disgust.

“Career people, I think, have an obligation to serve faithfully, and not least to ensure that the principles and letter of our Constitutional system of government are respected,” Cohen said.

Via DPB:

QUESTION:  — I mean, do you expect an exodus from this building over the next few weeks?  I mean, there’s a lot of people that feel that Trump’s – that what he said he was going to do going forward doesn’t gel with how they believe.  So is there any evidence of it yet?  Have you got notices or do you expect —

MR TONER:  Sure.  Well, it’s a valid question.  I wouldn’t attempt to speak for my colleagues in the State Department.  I’m a career diplomat.  I’m a public servant.  And with that, frankly, comes an awareness that you’re there to serve the U.S. Government regardless of whether they – that’s a Republican or a Democratic administration.  Obviously, there are political appointees in the State Department, but I can tell you that what I’ve seen firsthand this morning is very serious professionalism and commitment, as I said, to making sure that this incoming administration, whether these people agree with their policies or not, are given every opportunity for a smooth transition and are as informed as possible before that transition takes place.
[…]
QUESTION:  — as has been mentioned here today, the president-elect differs so greatly on so many issues: Iran, trade, climate, Cuba, Syria, NATO alliances, nuclear proliferation – just basic tenets of the things that – and assumptions that this Administration has been working under.  What about – if you haven’t seen people saying, “I’m leaving today,” career diplomats, which is what I gather you’re saying, are you and is the Secretary worried about morale in these last days?  He – the first thing in his statement basically tells people, his staff, to continue focus moving ahead.  So given the disparity between the president-elect and this Administration, what do you see the morale here being in the coming days and weeks?

MR TONER:  Look, I think – again, it’s a fair question.  I think when you choose a path of public service, you do so with the recognition that – and again, I’m not speaking to the incoming administration or the present Administration – you have to compartmentalize your own political beliefs from your professional duties.  That is something that is incumbent on any public servant, whether it’s at the State Department or any other federal agency, or the military for that matter.  That’s what, frankly, provides continuity and institutional knowledge for our government.  So I wouldn’t predict any mass exodus, far from it.

I think that under Secretary Kerry and under President Obama and under Secretary Clinton as well, this State Department has achieved great things.  I think they’re focused on continuing to work on the priorities.  Some of the urgent ones, like getting a ceasefire or a cessation of hostilities in Syria that is attainable in two months, or next week, if we can get there through our multilateral efforts.  I don’t think any – there’s any kind of attitude that – of resignation or of – or any other attitude other than that, focused on the priorities of this Administration and ensuring that the new administration, incoming administration, has a smooth transition.

Video below, transcript of the DPB here: http://www.state.gov/r/pa/prs/dpb/2016/11/264198.htm.

We are aware that some  folks are considering whether to stay or to leave, below are some clips that might be helpful:

#

69th Secretary of State Watch: Giuliani Gets Dinged, Bolton Writes an OpEd, Paul Spikes Transition Ball

Posted: 2:47 am ET

 

The other most mentioned name, John Bolton now calls for major NATO and UN reforms, and took to the pages of the NYPost to prescribe what Trump needs to do with Iran.

Meanwhile, Senator Rand Paul who sits in the Senate Foreign Relations Committee (SFRC) came out early and quickly to register disapproval over the potential nomination of John Bolton or Rudy Giuliani.

The Senate can approve or reject a nomination. A majority of Senators present and voting, a quorum being present, is required to approve a nomination. Read more here (PDF).

#

 

@StateDept Transition Names: Jim Carafano, Kristie Kenney, Patrick Kennedy, Joseph MacManus

Posted: 1:58 am ET

Per State Department, three senior State Department career officials have been designated several months ago by Secretary Kerry to ensure a professional and orderly transfer of power at the State Department.  The three experienced senior career officials tasked to oversee that transition are Counselor Kristie Kenney and Under Secretary Patrick Kennedy, and they’re working closely with Executive Secretary Joseph MacManus.

On November 15, the State Department was asked if it is normal that at this stage the agency does not yet have any contact with the Trump transition team.  The State Department spox Elizabeth  Trudeau said that “It’s up to the president-elect and his team. We stand ready to welcome them, provide the briefing materials, the facilitation, as we look towards inauguration in January.”

The NYT published a list of the Trump Transition team and assignments. The list names Jim Carafano, the director of the Douglas and Sarah Allison Center for Foreign Policy Studies and the deputy director of the Kathryn and Shelby Cullom Davis Institute for International Studies at The Heritage Foundation as the transition person for the State Department. Here he is talking about an August meeting with the president-elect.

Here is the transition list via the NYT, although given that it has apparently been re-shaped, the list might be OBE already:

#

More transition news:

#

Trump Transition Help Wanted: 4,000 Presidential Appointees (Updated)

Posted: 8:28 pm ET
Updated: Nov 12 2:11 pm PT correcting the original source

Via GreatAgain.Gov  from presidentialtransition.org of the Partnership for Public Service:

More than 4,000 political appointees, many of whom hold important leadership and policymaking positions, will be heading out the door next year with the change in administrations. Finding qualified people to fill these jobs is an enormous undertaking, but it is critically important to making the federal government work effectively for the American public.

There are four basic types of appointments:

  • Presidential Appointments with Senate Confirmation (PAS): There are 1,212 senior leaders, including the Cabinet secretaries and their deputies, the heads of most independent agencies and ambassadors, who must be confirmed by the Senate. These positions first require a Senate hearing in addition to background checks and other vetting.
  • Presidential Appointments without Senate Confirmation (PA): There are 353 PA positions which make up much of the White House staff, although they are also scattered throughout many of the smaller federal agencies.
  • Non-career Senior Executive Service (NA): Members of the Senior Executive Service (SES) work in key positions just below the top presidential appointees, bridging the gap between the political leaders and the civil service throughout the federal government. Most SES members are career officials, but up to 10 percent of the SES can be political appointees. (For more information see the Office of Personnel Management’s website.) There are 680 non-career members of the SES.
  • Schedule C Appointments (SC): There are 1,403 Schedule C appointees who serve in a confidential or policy role. They range from schedulers and confidential assistants to policy experts.

Source: Plum Book, Government Printing Office, December.

#

No wonder we could not find the “chart below” in the greatagain.gov website. The chart below is available to see in the original post of the PPS here: http://presidentialtransition.org/blog/posts/160316_help-wanted-4000-appointees.php

The  Trump Transition website accepts job applications from those interested in serving the incoming administration at https://www.greatagain.gov/serve-america.html (Thanks, E!). It has also rolled out a new Twitter handle @transition2017.

 

#

Donald J. Trump Elected 45th POTUS: World Reactions, Global Market Shock and Awe

Posted: 5:41 am ET

 

#

No Drama Obama Gets Lots of Drama in Asia, Plus Special G20 Surprise in South China Sea

Posted: 3:24 am ET

 

President Obama’s trip to Asia this week got off on a wrong foot. See POTUS in China: A ‘Staircase Snub’, Shouting Matches, and an Apology For a ‘Mistaken’ Tweet. Then on Monday, Philippine President Rodrigo Duterte got foul-mouthy with his early warning threat to President Obama potentially discussing the drug killings in the Philippines (also see Philippine President Calls the US Ambassador to Manila WHAT?). According to the CRS,  the Philippines has been one of the largest recipients of U.S. foreign assistance in Southeast Asia in the past decade, including both military and development aid. It also relies heavily upon the United States for its external security.  According to this 2015 piece, “the archipelago’s sailing force is made up of half-century-old antiques—and is falling apart.” And yet, here is President Duterte with his lovely manners.

 

#