81 FR 87393 - 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 Office of the President

Federal Register Volume 81, Issue 232 (December 2, 2016)

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Presidential Documents]
[Pages 87393-87394]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29169]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 232 / Friday, December 2, 2016 / 
Presidential Documents

[[Page 87393]]


                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.

[[Page 87394]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 29, 2016.

[FR Doc. 2016-29169
Filed 12-1-16; 11:15 am]
Billing code 3295-F7-P