Establishing an Exception to Competitive Examining Rules for Appointment to Certain Positions in the United States Marshals Service, Department of Justice

Executive Order 13842 of July 10, 2018

Establishing an Exception to Competitive
Examining Rules for Appointment to Certain Positions in
the United States Marshals Service, Department of
Justice

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, it is hereby ordered as follows:

Section 1. Providing Appointment Authority. (a) Good
administration of the executive branch necessitates
that the U.S. Marshals Service (USMS), a component of
the Department of Justice, have a hiring authority that
is currently available to other Federal law enforcement
agencies and that would, among other things, enable the
USMS to be competitive in recruiting high-quality
Deputy U.S. Marshals and Criminal Investigators, to
better hire and retain qualified individuals in certain
duty locations, and to more expeditiously fill vacant
positions consistent with law enforcement needs.
Accordingly, it is appropriate to place Deputy U.S.
Marshals and Criminal Investigators of the USMS in
Schedule B of the excepted service, as it is
impracticable to hold open competition or to apply
usual competitive examining procedures for those
positions related to Federal law enforcement.

    (b) Appointments to the positions identified in
subsection (a) of this section:

(i) may not be made to positions of a confidential or policy-determining
character or to positions in the Senior Executive Service; and

(ii) shall constitute Schedule B appointments that are:

(A) excepted from the competitive service; and

(B) subject to laws and regulations governing Schedule B appointments,
including basic qualification standards established by the Director of the
Office of Personnel Management (Director) for the applicable occupation and
grade level.

Sec. 2. Providing Conversion Authority. (a) Deputy U.S.
Marshals and Criminal Investigators of the USMS
appointed under Schedule B may, upon completion of 3
years of substantially continuous, fully satisfactory
service, be converted non-competitively to career
appointments, provided they meet the qualifications and
other requirements established by the Director.

    (b) The Director shall prescribe such regulations
as may be necessary to implement this order.

Sec. 3. 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

(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.

    (Presidential Sig.)

THE WHITE HOUSE,

    July 10, 2018.