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

Executive Order 13750 of November 29, 2016

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

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.

THE WHITE HOUSE,

November 29, 2016.