Executive Order 13750-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
Issued 2016-11-29 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13750 creates a special pathway for alumni of three competitive international scholarship programs—the Fulbright U.S. Student Program, the Benjamin A. Gilman International Scholarship Program, and the Critical Language Scholarship Program—to be hired for federal government jobs without going through the standard competitive hiring process. Instead of competing openly for positions, graduates of these programs can receive what's called "Non-Competitive Eligibility," meaning agency heads can directly appoint them to positions in the competitive service if they pass an examination prescribed by the Office of Personnel Management and receive certification from the Secretary of State confirming their program completion.
This executive order affects people who successfully completed one of these three international exchange programs, which focus on developing advanced language skills and cultural knowledge in regions considered strategically, diplomatically, and economically important to the United States. To use this special hiring authority, applicants must apply within one year of completing their program, though this window can be extended up to three years for those serving in the military, attending college, or engaged in other qualifying activities. Standard disqualifications for federal employment still apply, including restrictions on hiring non-U.S. citizens.
The stated reasoning is that the federal government benefits from retaining people with these specialized international skills, particularly since the government helped them develop these abilities through the scholarship programs. The order notes that all three programs already use competitive, merit-based national selection processes that include veterans' preference, and President Obama determined that an exception to normal competitive hiring rules serves good administration.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13750 addresses "Executive Order 13750-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". The President's stated reasoning: "conditions of good administration make necessary an exception to the competitive hiring rules for certain positions in the Federal civil service." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
Administration of Barack Obama, 2016 Executive Order 13750—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 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,