80 FR 64319 - Appointment of Foreign Service Officers

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range		64319-64324
FR Document		2015-27026

The Department of State amends provisions in the Code of Federal Regulations related to the appointment of Foreign Service Officers. The revised rules will be substantially the same as, and will supplement, Department of State guidance currently in the Foreign Affairs Manual, which is also available to the public.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)

[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64319-64324]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-27026]

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DEPARTMENT OF STATE

22 CFR Part 11

[Public Notice: 9324]
RIN 1400-AD59

Appointment of Foreign Service Officers

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State amends provisions in the Code of
Federal Regulations related to the appointment of Foreign Service
Officers. The revised rules will be substantially the same as, and will
supplement, Department of State guidance currently in the Foreign
Affairs Manual, which is also available to the public.

DATES: This rule will be effective on November 23, 2015.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Office of the Legal
Adviser, who may be reached at (202) 647-2318.

SUPPLEMENTARY INFORMATION: Pursuant to Section 206 of the Foreign
Service Act of 1980 (the Act), codified at 22 U.S.C. 3926, the
Secretary of State may prescribe regulations to carry out functions
under the Act. The Secretary has done so in the Department's Foreign
Affairs Manual (FAM).
The FAM is the formal written document for recording, maintaining,
and issuing Department directives, which are written communications
establishing and prescribing the organizations, policies, or procedures
that provide an official basis of Department operation.
The Foreign Service includes personnel not only from the
Department, but U.S. Agency for International Development, and certain
offices within the Departments of Commerce and Agriculture, among
others. FSOs may be recruited both from current federal personnel (for
example, from the civil service) and from the general public.
Recruitment from current federal service is covered by the FAM.
The procedures relating to recruitment of FSOs from the general
public are covered by rules published in the CFR, in part 11. However,
since many of the policies and procedures dealing with the latter
appointments are the same as those used to appoint current federal
personnel to the Foreign Service, the provisions of part 11 and the FAM
must be consistent. Therefore, where part 11 uses the same procedures
as the FAM, it refers to the relevant FAM provisions.
Other than a minor amendment in 2002 (see 67 FR 46108), part 11 has
remained as it was drafted 31 years ago; whereas, the relevant
provisions of the FAM were updated in 2013. This rulemaking harmonizes
the two authorities. The Department believes that a revised part 11,
together with the FAM, provide comprehensive guidance for both internal
stakeholders and interested members of the general public on the
appointment of Foreign Service Officers.
The Department's revision of part 11 is part of its Retrospective
Review conducted pursuant to Executive Order 13563.

[[Page 64320]]

Regulatory Findings

Administrative Procedure Act

The revision to part 11 of 22 CFR relates to the Department's
organization, procedure, or practice and is not subject to the notice-
and-comment procedures of 5 U.S.C. 553(b).

Regulatory Flexibility Act/Executive Order 13272: Small Business

The Department certifies that this rulemaking is not expected to
have a significant impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 601-612,
and Executive Order 13272, section 3(b).

The Congressional Review Act

This rulemaking is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking.

The Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532, generally requires agencies to prepare a statement before
proposing or adopting any rule that may result in an annual expenditure
of $100 million or more by state, local, or tribal governments, or by
the private sector. This rulemaking will not result in any such
expenditure nor will it significantly or uniquely affect small
governments.

Executive Orders 12372 and 13132: Federalism

This rulemaking will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders 12372 and
13132.

Executive Orders 12866 and 13563: Regulatory Review

Although the Department of State is generally exempt from the
provisions of Executive Order 12866, it has reviewed this rulemaking to
ensure its consistency with the regulatory philosophy and principles
set forth in these Executive Orders, and has determined that the
benefits of this rulemaking justify any costs. The Department cannot
identify any cost to the public associated with this rulemaking. The
Department does not consider this rulemaking to be a significant
regulatory action within the scope of section 3 of Executive Order
12866. The Department considers this rule to be part of its
Retrospective Review conducted pursuant to Executive Order 13563.

Executive Order 12988: Civil Justice Reform

The Department has reviewed this rulemaking in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Section 5 of Executive Order 13175 do
not apply to this rulemaking.

The Paperwork Reduction Act of 1995

The Department of State has determined that this rulemaking does
not affect any existing collection of information under the Paperwork
Reduction Act, nor does it create new information collections. The
Department invites public comment on whether the Foreign Service Office
Test Registration (OMB Control Number 1405-0008) burden estimates
should be modified as a result of the notification requirements in
Section 11.20(d)(2)(i)(B).

List of Subjects in 22 CFR Part 11

Foreign service, Foreign officials, Government employees.

Accordingly, revise 22 CFR part 11 to read as follows:

PART 11--APPOINTMENT OF FOREIGN SERVICE OFFICERS

Sec.
11.10 Links to relevant provisions of the Foreign Affairs Manual.
11.20 Entry-level Foreign Service Officer career candidate
appointments.
11.30 Mid-level Foreign Service Officer career candidate
appointments. [Reserved]
11.40 Senior Foreign Service Officer career candidate appointments.
[Reserved]
11.50 Foreign Service specialist career candidate appointments.
11.60 Limited non-career appointments.

Authority: 22 U.S.C. 2651a, 3926, 3941.

Sec. 11.10 Links to relevant provisions of the Foreign Affairs
Manual.

(a) The Foreign Affairs Manual (FAM) is the formal written document
for recording, maintaining, and issuing Department of State
(Department) directives that address personnel and other matters. It is
the primary authority for appointment of current Department employees
to the Foreign Service. This part is the primary authority for the
appointment of non-employees to the Foreign Service. The FAM provides
Department procedures and policies that are not repeated in this part.
It is an important resource for understanding the provisions of this
part.
(b) The two FAM volumes relevant to this part are Volume 3,
Personnel, and Volume 16, Medical. FAM provisions are cited by volume
followed by chapter or subchapter--for example, Chapter 210 of Volume
16 would be cited 16 FAM 210. All of the relevant FAM provisions are on
the Department's public Web site. The links for the relevant FAM
provisions are as follows:

----------------------------------------------------------------------------------------------------------------

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3 FAM 2215................... http://www.state.gov/documents/organization/84854.pdf.
3 FAM 2216.2
3 FAM 2216.3
3 FAM 2217
3 FAM 2218
3 FAM 2245................... http://www.state.gov/documents/organization/84851.pdf.
3 FAM 2250................... http://www.state.gov/documents/organization/84850.pdf.
3 FAM 2251.3
3 FAM 2290................... http://www.state.gov/documents/organization/84846.pdf.
16 FAM 210................... http://www.state.gov/documents/organization/89692.pdf.
----------------------------------------------------------------------------------------------------------------

[[Page 64321]]

Sec. 11.20 Entry-level Foreign Service Officer career candidate
appointments.

(a) General considerations--(1) Authority. Pursuant to section 302
of the Foreign Service Act of 1980 (hereinafter referred to as ``the
Act''), all Foreign Service Officers shall be appointed by the
President, by and with the advice and consent of the Senate. All
appointments shall be made to a class and not to a particular post. No
person shall be eligible for appointment as a Foreign Service Officer
unless that person is a citizen of the United States, is twenty-one,
and is world-wide available. Pursuant to section 306 of the Act, such
appointment is initially a career-candidate appointment. The tenuring
of Foreign Service Officer career candidates is governed by the
provisions of 3 FAM 2245.
(2) Veterans' preference. Pursuant to section 301 of the Act, the
fact that an applicant for appointment as a Foreign Service Officer
candidate is a veteran or disabled veteran, as defined in 5 U.S.C.
2108, must be considered as an affirmative factor in making such
appointments.
(3) Policy. Appointment as an Entry Level Foreign Service Officer
career candidate of class 6, 5, or 4 is governed by these regulations.
Successful applicants will be appointed as career candidates for a
period not to exceed 5 years. Under precepts of the Commissioning and
Tenure Board, career candidates may be granted tenure and recommended
for appointment as career Foreign Service Officers. Those who are not
granted tenure prior to the expiration of their career-candidate
appointments will be separated from the Foreign Service. Separated
candidates who originally were employees of an agency and who accepted
a limited appointment to the Foreign Service with the consent of the
head of the agency in which they were employed will be entitled to
reemployment rights in their former agency in accordance with section
310 of the Act.
(b) The Foreign Service Officer Test (FSOT). The following
regulations apply to the FSOT:
(1) Purpose. The FSOT is designed to enable the Board of Examiners
for the Foreign Service to test the applicant's knowledge, skills, and
abilities, including writing skills that are necessary to the work of a
Foreign Service Officer.
(2) Eligibility. Before each FSOT, the Board of Examiners will
establish a closing date for the receipt of applications for
designation to take the test. No person will be designated to take the
test who has not, as of that closing date, filed a complete application
with the Board. To be designated to take the FSOT, an applicant, as of
the date of the test, must be a citizen of the United States and at
least 20 years of age.
(3) When and where given. The FSOT will be given periodically, in
designated cities in the United States and at selected locales abroad,
on dates established by the Board of Examiners and publicly announced
on careers.state.gov.
(4) Scoring. The several parts of the FSOT will be weighted and
graded according to standards established by the Board of Examiners.
The Board of Examiners may adjust the passing score of the FSOT to
reflect the projected hiring needs of the Foreign Service.
(c) Qualifications Evaluation Panel (QEP). The following
regulations apply to the QEP:
(1) Purpose. Each QEP is designed to enable the Board of Examiners
for the Foreign Service to review each candidate's file and evaluate it
against established precepts of successful Foreign Service Officer
performance. The QEPs rank order candidates within each career track.
(2) Panels. QEPs are career track specific and are staffed by
panelists approved by the Board of Examiners from a roster of qualified
active duty and retired Foreign Service Officers. At least one of the
panelists will be from the same career track as those in the candidate
pool.
(3) Eligibility. Candidates whose score on the FSOT is at or above
the passing level set by the Board of Examiners will be invited to
submit their responses to Personal Narrative Questions. The questions,
linked to the Foreign Service performance precepts, are designed to
elicit specific examples of past performance where the candidate
demonstrated the requisite precept.
(4) When administered. The Board of Examiners holds one session of
QEPs following each FSOT.
(5) Scoring. Panelists will score files according to standards
established by the Board of Examiners. The candidacy of anyone whose
score is at or above the passing level set by the Board of Examiners
will continue. The candidacy of anyone whose score is below the passing
level will be ended and may not be considered again until the candidate
has passed a new FSOT, at minimum of a year later. The Board of
Examiners sets the passing score for each QEP based on the projected
hiring needs of the Foreign Service. All candidates exempt from the
FSOT, except Mustang applicants, are also exempt from review by a QEP.
(i) The Board of Examiners may authorize QEPs to give special
consideration in the selection of candidates to certain factors, e.g.,
demonstrating language ability, which the Board will publicly announce
on careers.state.gov.
(ii) The Board of Examiners may choose to verify accounts given by
candidates in their personal narratives.
(d) Foreign Service Oral Assessment (FSOA). The following
regulations apply to the FSOA:
(1) Purpose. The FSOA is designed to enable the Board of Examiners
for the Foreign Service to test the candidate's ability to demonstrate
the qualities or dimensions that are essential to the successful
performance of Foreign Service work. The FSOA for the Entry Level
Foreign Service Officer Career Candidate Program will consist of an
assessment procedure publicly announced by the Board of Examiners on
careers.state.gov. The process is generally referred to as the Foreign
Service Oral Assessment or FSOA.
(2) Eligibility--(i) Through the FSOT and QEP review. (A)
Candidates who pass the FSOT and whose score on the QEP review is at or
above the passing level set by the Board of Examiners will be invited
to take the FSOA.
(B) Candidates must schedule the FSOA within 12 months of receiving
their invitation to take the FSOA unless they receive an extension of
time. Candidates may request an extension of up to an additional 12
months. Active duty military have unrestricted time to take an FSOA if
they notify the Board of Examiners of their active duty status. Failure
to take the FSOA within 12 months of the invitation will result in the
cancellation of the candidacy, unless the candidate has requested and
obtained an extension of eligibility. The candidacy of anyone for whom
the scheduling period is extended by the Board due to being outside of
the United States will automatically be terminated if the candidate
fails to notify his or her registrar of the change in status within
three months of returning to the United States. The candidate must
schedule an FSOA, but if a candidate fails to appear for a scheduled
FSOA, the candidacy is automatically terminated. The Director of the
Office of Recruitment, Examination, and Employment in the Bureau of
Human Resources, or his/her designee, will consider requests to
reschedule on a case-by-case basis if a candidate so requests prior to
his/her scheduled FSOA.
(ii) Through the Mustang Program. Career employees of the
Department of State in classes FS-6 and above or grades GS-5 and above
who are at least 21 years of age and who have at least three years of
service with the

[[Page 64322]]

Department may be selected by the Board of Examiners for admission to
the FSOA for Entry Level Career Candidates under the Department's
Mustang Program. Mustang candidates must meet all program requirements
and submit all application material to be considered for the Mustang
Program. See the procedures set forth in 3 FAM 2216.2-4 (Foreign
Service Officer Oral Assessment (FSOA)).
(iii) Through a mid-level conversion program. Employees of the
Department of State in grade GS-13 and above are eligible to apply to
enter the Foreign Service through a mid-level conversion program (see 3
FAM 2216.3-2) whenever held.
(iv) Through other programs. (A) Under programs established
pursuant to section 105(d)(1) of the Act, which addresses diversity
within the Foreign Service.
(B) Under any other special entry programs created by the
Department to meet specific needs of the Foreign Service.
(3) When and where given. The FSOA will be held intermittently in
Washington, DC, and may be held in selected cities in the United States
or abroad as necessary, as publicly announced.
(4) Assessment panel. (i) The FSOA will be given by a panel of
assessors approved by the Board of Examiners from a roster of active
duty and/or retired Foreign Service Officers.
(ii) Service as an assessor shall be limited to a maximum of 5
years, unless a further period is specifically authorized by the Board.
Normally assessment panels shall be chaired by a career officer of the
Foreign Service, trained in personnel testing and evaluation.
Determinations of duly constituted panels of assessors are final unless
modified by specific action of the Board of Examiners.
(5) Scoring. Candidates taking the FSOA will be scored numerically
according to standards established and publicly announced by the Board
of Examiners, in places such as careers.state.gov. The candidacy of
anyone whose score is at or above the passing level set by the Board
will be continued. The candidacy of anyone whose score is below the
passing level will be terminated.
(e) Background investigation. Candidates who pass the FSOA and
elect to continue the hiring process will be subject to a background
investigation. The background investigation must be conducted to
determine the candidate's eligibility for a security clearance and
serves as the basis for determining suitability for appointment to the
Foreign Service (see 3 FAM 2212.1 (Security Investigation)).
(f) Medical examination--(1) Eligibility. Candidates who pass the
oral assessment and elect to continue the hiring process must undergo a
medical examination. See the procedures in of 16 FAM 210 (Medical
Clearances).
(2) [Reserved]
(g) Suitability Review Panel. Generally after the medical clearance
has been issued and the background investigation is received, the
candidate's entire file (excluding any medical records) is reviewed and
evaluated by the Suitability Review Panel to determine the candidate's
suitability for the Foreign Service. See the procedures in 3 FAM 2215
(Suitability Review). The candidacy of any candidate who is determined
by the Suitability Review Panel to be unsuitable for appointment shall
be terminated and the candidate so informed. According to procedures
established by the Board of Examiners, a candidate may appeal this
decision to the Board of Examiners Staff Director or designee whose
decision will be final. The Bureau of Diplomatic Security (DS) will re-
submit applicants to the Suitability Review Panel if they are found to
have falsified information in the application process or are found to
have disqualifying factors.
(h) Certification for appointment--(1) Eligibility. (i) A candidate
will not be certified as eligible for appointment as a Foreign Service
Officer Career Candidate unless that candidate is at least 21 years of
age and a citizen of the United States.
(ii) Except for preference eligible individuals, career candidate
appointments must be made before the candidate's 60th birthday.
Preference eligible individuals must be appointed before their 65th
birthday. The maximum age for appointment under this program is based
on the requirement that all career candidates must be able to:
(A) Complete at least two full tours of duty, exclusive of
orientation and training;
(B) Complete the requisite eligibility period for tenure
consideration; and
(C) Complete the requisite eligibility period to receive retirement
benefits, prior to reaching the mandatory retirement age of 65
prescribed by the Act.
(iii) A candidate may be certified as eligible for direct
appointment to classes FS-6, FS-5 or FS-4 based on established,
publicly available, criteria.
(iv) Employees who receive a career candidate appointment, i.e.,
who are untenured, have five years to obtain tenure. These career-
candidate appointments, including the appointment of an individual who
is the employee of any agency, may not exceed five years in duration,
and may not be renewed or be extended beyond five years. A candidate
denied tenure under 3 FAM 2250 may not be reappointed as a career
candidate to become a generalist.
(2) Career-track rank-order registers. The Board of Examiners
maintains separate rank-order registers for career candidates in
administrative, consular, economic, public diplomacy and political
career tracks within the Department of State. Appointments from each
career-track register will be made in rank order according to hiring
needs.
(3) Special programs. Mustang candidates who are career employees
of the Department of State and who have satisfactorily completed all
aspects of the assessment process will be certified by the Board of
Examiners for placement on the Hiring Register to compete for a hiring
opportunity as a Foreign Service Officer. Mustang candidates who have
previously passed the FSOT/QEP will continue in the career track they
selected when registering for the FSOT and be placed on the appropriate
career track register.
(4) Foreign language requirement. A candidate may be certified for
appointment to classes FS-6, FS-5, or FS-4 without first having passed
an examination in a foreign language, but the appointment will be
subject to the condition that the newly appointed career candidate may
not be appointed as a career Foreign Service Officer unless, within a
specified period of time, proficiency in a foreign language is
achieved.
(i) Termination of eligibility--(1) Time limit. Candidates who have
qualified but have not been appointed because of lack of openings will
be removed from the rank-order register 18 months after the date of
placement on the rank-order register. Time spent in civilian Federal
Government service abroad (to a maximum of 2 years of such service),
including Peace Corps volunteer service, spouses of Foreign Service
officers, or in active regular or reserve military service (no
maximum), will not be counted as part of the 18-month eligibility
period.
(2) Extension. The Board of Examiners may extend the eligibility
period when such extension is, in its discretion, justified by the
needs of the Foreign Service.
(3) Postponement of entrance on duty. Postponement of entrance on
duty because of civilian Federal Government service abroad (to a
maximum of 2 years

[[Page 64323]]

of such service), including Peace Corps volunteer service, or as spouse
of a Foreign Service Officer, or active regular or reserve military
service (to a maximum of the limit of such required service), may be
authorized by the Board.
(j) Travel expenses. The travel and other personal expenses of
candidates incurred in connection with the written and oral examination
will not be borne by the Government. However, the participating foreign
affairs departments may issue round-trip invitational travel orders to
bring candidates to Washington, DC, at government expense, when it is
determined by the agencies that this is necessary in the interest of
the Foreign Service.

Sec. 11.30 Mid-level Foreign Service Officer career candidate
appointments. [Reserved]

Sec. 11.40 Senior Foreign Service Officer career candidate
appointments. [Reserved]

Sec. 11.50 Foreign Service specialist career candidate appointments.

(a) General considerations. (1) Pursuant to section 303 of the Act,
the Secretary may appoint individuals to the Foreign Service (other
than those who are in the personnel categories specified in section
302(a) of the Act). Pursuant to section 306 of the Act, such
appointment is initially a career candidate appointment. Section 303
governs the appointment by the Department of State of Foreign Service
specialist career candidates to classes FS-1 and all classes below.
Specialist candidates comprise all candidates for career appointment in
all career tracks other than generalist career tracks (i.e.,
management, consular, economic, political, and public diplomacy). The
tenuring of specialist career candidates is governed by the procedures
in 3 FAM 2250.
(2) Veterans' preference shall apply to the selection and
appointment of Foreign Service specialist career candidates. Veterans'
preference is an affirmative factor once the candidate has been
qualified for the position. As soon as veterans go on the Hiring
Register, they may apply for additional points to increase their rank
order standing.
(b) Specialist career candidate appointments--(1) Certification of
need. (i) Candidates for appointment as specialist career candidates
must be world-wide available and must have a professional or a
functional skill for which there is a continuing need in the Foreign
Service. No applicant shall be appointed for which there is no
certified need established at a specific class level. Either the
Director General may determine in advance which specialties are
routinely or frequently in shortage or need periodic recruitment
through publicly posted vacancy announcements, or the Director General
may certify that there is a need for an applicant in a specific
specialist category and at a specific class.
(ii) Candidates who receive a career candidate appointment, i.e.,
who are untenured, have four years with the possibility of five years
(see 3 FAM 2251.3) to obtain tenure. These appointments, including the
appointment of an individual who is the employee of any agency, may not
exceed five years in duration, and may not be renewed or be extended
beyond five years. A specialist candidate denied tenure under 3 FAM
2250 generally may not be reappointed as a career candidate in the same
career track.
(2) Eligibility. An applicant must be a citizen of the United
States and at least 20 years of age. The minimum age for appointment as
a career candidate is 21. Except for preference eligible candidates,
all career candidate appointments shall be made before the candidate's
60th birthday. Preference eligible candidates may be appointed up to
their 65th birthday. The maximum age for appointment under the program
is based on the requirement that all career candidates shall be able
to:
(i) Complete at least two full tours of duty, exclusive of
orientation and training,
(ii) Complete the requisite eligibility period for tenure
consideration, and
(iii) Complete the requisite eligibility period to receive
retirement benefits, prior to reaching the mandatory retirement age of
65 prescribed by the Act.
(3) Screening. (i) Specialist career candidates will be screened
initially on the basis of education and experience.
(ii) Based on a job analysis, the Board of Examiners, in
coordination with any bureau responsible for the specialty, will
establish the knowledge, skills, and abilities required to perform
successfully the tasks and duties of Foreign Service specialists in
that functional field. Assessors working for the Board of Examiners
will screen applications under those approved criteria and select those
who meet the requirements to invite to an oral assessment.
(4) Oral assessment. Candidates are selected through the initial
screening process. The oral assessment will be given by a panel of
assessors, at least one of whom will be a career Foreign Service
employee proficient in the functional field for which the candidate is
being tested. The assessment may include a writing sample. Candidates
taking the oral assessment will be scored numerically according to
standards set by the Board of Examiners. The candidacy of anyone whose
score is at or above the passing level set by the Board will be
continued. The candidacy of anyone whose score is below the passing
level will be terminated. The candidate may only reapply after the
first anniversary date of the original application.
(5) Background investigation. Specialist candidates who pass the
oral assessment and elect to continue the hiring process will be
subject to a background investigation. The background investigation
must be conducted to determine the candidate's eligibility for a
security clearance and serves as the basis for determining suitability
for appointment to the Foreign Service (see 3 FAM 2212.1-1 (Security
Investigation)).
(6) Medical examination. Candidates who pass the oral assessment
and elect to continue the hiring process must undergo a medical
examination. See the procedures in 16 FAM 210 (Medical Clearances).
(7) Suitability Review Panel. After the medical examination
clearance has been issued and the background investigation is received,
the candidate's entire file (excluding any medical records) is reviewed
and evaluated by a Suitability Review Panel to determine the
candidate's suitability for the Foreign Service. See the procedures in
3 FAM 2215 (Suitability Review). According to procedures established by
the Board of Examiners, a candidate may appeal this decision to the
Board of Examiners Staff Director or designee, whose decision will be
final. DS will re-submit applicants to the Suitability Review Panel if
they are found to have falsified information on their application or
are found to have disqualifying factors.

Sec. 11.60 Limited non-career appointments.

Consistent with section 303 of the Act (22 U.S.C. 3943), the
Secretary of State may also appoint Civil Service employees and other
individuals to the Foreign Service, and, consistent with section 309 of
the Act (22 U.S.C. 3949), such appointments may include limited non-
career appointments (LNAs). After meeting the job specific
requirements, candidates must meet applicable medical, security, and
suitability requirements. Limited non-career appointments are covered
under 3 FAM 2290.

[[Page 64324]]

Dated: September 11, 2015.
Arnold A. Chacon,
Director General of the Foreign Service and Director of Human
Resources.
[FR Doc. 2015-27026 Filed 10-22-15; 8:45 am]
BILLING CODE 4710-15-P

Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64319

Availability and Summary of Lists of Subjects in 14 CFR Part 71 the same as, and will supplement,
Documents for Incorporation by Airspace, Incorporation by reference, Department of State guidance currently
Reference Navigation (air). in the Foreign Affairs Manual, which is
also available to the public.
This document amends FAA Order Adoption of the Amendment DATES: This rule will be effective on
7400.9Z, Airspace Designations and November 23, 2015.
In consideration of the foregoing, the
Reporting Points, dated August 6, 2015, Federal Aviation Administration FOR FURTHER INFORMATION CONTACT:
and effective September 15, 2015. FAA amends 14 CFR part 71 as follows: Alice Kottmyer, Office of the Legal
Order 7400.9Z is publicly available as
Adviser, who may be reached at (202)
listed in the ADDRESSES section of this PART 71—DESIGNATION OF CLASS A, 647–2318.
document. FAA Order 7400.9Z lists B, C, D, AND E AIRSPACE AREAS; AIR SUPPLEMENTARY INFORMATION: Pursuant
Class A, B, C, D, and E airspace areas, TRAFFIC SERVICE ROUTES; AND
air traffic service routes, and reporting to Section 206 of the Foreign Service
REPORTING POINTS Act of 1980 (the Act), codified at 22
points.
■ 1. The authority citation for Part 71 U.S.C. 3926, the Secretary of State may
The Rule continues to read as follows: prescribe regulations to carry out
functions under the Act. The Secretary
This amendment to Title 14, Code of Authority: 49 U.S.C. 106(f), 106(g); 40103, has done so in the Department’s Foreign
Federal Regulations (14 CFR) part 71 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Affairs Manual (FAM).
establishes Class E surface area airspace, 1959–1963 Comp., p. 389.
The FAM is the formal written
at Pearson Field, Vancouver, WA. A § 71.1 [Amended] document for recording, maintaining,
review of the airspace revealed current and issuing Department directives,
standard instrument approach ■ 2. The incorporation by reference in
which are written communications
procedures not being fully contained 14 CFR 71.1 of FAA Order 7400.9Z,
establishing and prescribing the
within controlled airspace. Class E Airspace Designations and Reporting
organizations, policies, or procedures
surface area airspace is established Points, dated August 6, 2015, and
that provide an official basis of
within an area 4.9 miles west, 4 miles effective September 15, 2015, is
Department operation.
east, 2.9 miles north, and 1.8 miles amended as follows:
The Foreign Service includes
south of Pearson Field. Paragraph 6002 Class E Airspace personnel not only from the
Designated as Surface Areas. Department, but U.S. Agency for
Regulatory Notices and Analyses
* * * * * International Development, and certain
The FAA has determined that this ANM OR E2 Vancouver, WA [New]
offices within the Departments of
regulation only involves an established Commerce and Agriculture, among
Pearson Field, WA others. FSOs may be recruited both from
body of technical regulations for which (Lat. 45°37′14″ N., Long. 122°39′23″ W.)
frequent and routine amendments are current federal personnel (for example,
That airspace extending upward from the from the civil service) and from the
necessary to keep them operationally surface bounded by a line beginning at Lat.
current, is non-controversial and 45°36′06″ N., Long. 122°46′29″ W.; to Lat.
general public. Recruitment from
unlikely to result in adverse or negative 45°38′27″ N., Long. 122°46′19″ W.; to Lat. current federal service is covered by the
comments. It, therefore: (1) Is not a 45°40′21″ N., Long. 122°44′08″ W.; to Lat. FAM.
‘‘significant regulatory action’’ under 45°39′49″ N., Long. 122°33′23″ W.; to Lat. The procedures relating to
Executive Order 12866; (2) is not a 45°34′51″ N., Long. 122°33′53″ W.; thence to recruitment of FSOs from the general
‘‘significant rule’’ under DOT the point of beginning. public are covered by rules published in
Regulatory Policies and Procedures (44 the CFR, in part 11. However, since
Issued in Seattle, Washington, on October many of the policies and procedures
FR 11034; February 26, 1979); and (3) 15, 2015.
does not warrant preparation of a dealing with the latter appointments are
Christopher Ramirez, the same as those used to appoint
Regulatory Evaluation as the anticipated Manager, Operations Support Group, Western
impact is so minimal. Since this is a current federal personnel to the Foreign
Service Center. Service, the provisions of part 11 and
routine matter that only affects air traffic [FR Doc. 2015–26948 Filed 10–22–15; 8:45 am]
procedures and air navigation, it is the FAM must be consistent. Therefore,
certified that this rule, when
BILLING CODE 4910–13–P where part 11 uses the same procedures
as the FAM, it refers to the relevant
promulgated, does not have a significant
FAM provisions.
economic impact on a substantial
DEPARTMENT OF STATE Other than a minor amendment in
number of small entities under the
2002 (see 67 FR 46108), part 11 has
criteria of the Regulatory Flexibility Act. 22 CFR Part 11 remained as it was drafted 31 years ago;
Environmental Review [Public Notice: 9324] whereas, the relevant provisions of the
FAM were updated in 2013. This
The FAA has determined that this RIN 1400–AD59 rulemaking harmonizes the two
action qualifies for categorical exclusion authorities. The Department believes
under the National Environmental Appointment of Foreign Service
that a revised part 11, together with the
Policy Act in accordance with FAA Officers
FAM, provide comprehensive guidance
Order 1050.1F, ‘‘Environmental AGENCY: Department of State. for both internal stakeholders and
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Impacts: Policies and Procedures,’’ ACTION: Final rule. interested members of the general
paragraph 311a. This airspace action is public on the appointment of Foreign
not expected to cause any potentially SUMMARY: The Department of State Service Officers.
significant environmental impacts, and amends provisions in the Code of The Department’s revision of part 11
no extraordinary circumstances exist Federal Regulations related to the is part of its Retrospective Review
that warrant preparation of an appointment of Foreign Service Officers. conducted pursuant to Executive Order
environmental assessment. The revised rules will be substantially 13563.

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64320 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

Regulatory Findings Executive Orders 12866 and 13563: modified as a result of the notification
Regulatory Review requirements in Section
Administrative Procedure Act 11.20(d)(2)(i)(B).
Although the Department of State is
The revision to part 11 of 22 CFR generally exempt from the provisions of List of Subjects in 22 CFR Part 11
relates to the Department’s organization, Executive Order 12866, it has reviewed
procedure, or practice and is not subject this rulemaking to ensure its Foreign service, Foreign officials,
to the notice-and-comment procedures consistency with the regulatory Government employees.
of 5 U.S.C. 553(b). philosophy and principles set forth in Accordingly, revise 22 CFR part 11 to
these Executive Orders, and has read as follows:
Regulatory Flexibility Act/Executive determined that the benefits of this
Order 13272: Small Business rulemaking justify any costs. The PART 11—APPOINTMENT OF
Department cannot identify any cost to FOREIGN SERVICE OFFICERS
The Department certifies that this
the public associated with this
rulemaking is not expected to have a rulemaking. The Department does not Sec.
significant impact on a substantial consider this rulemaking to be a 11.10 Links to relevant provisions of the
number of small entities under the significant regulatory action within the Foreign Affairs Manual.
criteria of the Regulatory Flexibility Act, 11.20 Entry-level Foreign Service Officer
scope of section 3 of Executive Order
5 U.S.C. 601–612, and Executive Order career candidate appointments.
12866. The Department considers this 11.30 Mid-level Foreign Service Officer
13272, section 3(b). rule to be part of its Retrospective career candidate appointments.
The Congressional Review Act Review conducted pursuant to [Reserved]
Executive Order 13563. 11.40 Senior Foreign Service Officer career
This rulemaking is not a major rule as candidate appointments. [Reserved]
Executive Order 12988: Civil Justice 11.50 Foreign Service specialist career
defined by 5 U.S.C. 804, for purposes of Reform
congressional review of agency candidate appointments.
rulemaking. The Department has reviewed this 11.60 Limited non-career appointments.
rulemaking in light of sections 3(a) and Authority: 22 U.S.C. 2651a, 3926, 3941.
The Unfunded Mandates Reform Act of 3(b)(2) of Executive Order 12988 to
1995 eliminate ambiguity, minimize § 11.10 Links to relevant provisions of the
litigation, establish clear legal Foreign Affairs Manual.
Section 202 of the Unfunded standards, and reduce burden. (a) The Foreign Affairs Manual (FAM)
Mandates Reform Act of 1995, 2 U.S.C. is the formal written document for
1532, generally requires agencies to Executive Order 13175: Consultation
and Coordination With Indian Tribal recording, maintaining, and issuing
prepare a statement before proposing or Department of State (Department)
adopting any rule that may result in an Governments
directives that address personnel and
annual expenditure of $100 million or The Department has determined that
other matters. It is the primary authority
more by state, local, or tribal this rulemaking will not have tribal
for appointment of current Department
governments, or by the private sector. implications, will not impose
employees to the Foreign Service. This
This rulemaking will not result in any substantial direct compliance costs on
part is the primary authority for the
such expenditure nor will it Indian tribal governments, and will not
appointment of non-employees to the
significantly or uniquely affect small pre-empt tribal law. Accordingly, the
Foreign Service. The FAM provides
governments. requirements of Section 5 of Executive
Department procedures and policies
Order 13175 do not apply to this
Executive Orders 12372 and 13132: that are not repeated in this part. It is
rulemaking.
Federalism an important resource for understanding
The Paperwork Reduction Act of 1995 the provisions of this part.
This rulemaking will not have The Department of State has (b) The two FAM volumes relevant to
substantial direct effects on the states, determined that this rulemaking does this part are Volume 3, Personnel, and
on the relationship between the national not affect any existing collection of Volume 16, Medical. FAM provisions
government and the states, or on the information under the Paperwork are cited by volume followed by chapter
distribution of power and Reduction Act, nor does it create new or subchapter—for example, Chapter
responsibilities among the various information collections. The 210 of Volume 16 would be cited 16
levels of government. Nor will the rule Department invites public comment on FAM 210. All of the relevant FAM
have federalism implications warranting whether the Foreign Service Office Test provisions are on the Department’s
the application of Executive Orders Registration (OMB Control Number public Web site. The links for the
12372 and 13132. 1405–0008) burden estimates should be relevant FAM provisions are as follows:

3 FAM 2215 ..................................................................................................... http://www.state.gov/documents/organization/84854.pdf.
3 FAM 2216.2
3 FAM 2216.3
3 FAM 2217
3 FAM 2218
3 FAM 2245 ..................................................................................................... http://www.state.gov/documents/organization/84851.pdf.
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3 FAM 2250 ..................................................................................................... http://www.state.gov/documents/organization/84850.pdf.
3 FAM 2251.3
3 FAM 2290 ..................................................................................................... http://www.state.gov/documents/organization/84846.pdf.
16 FAM 210 ..................................................................................................... http://www.state.gov/documents/organization/89692.pdf.

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64321

§ 11.20 Entry-level Foreign Service Officer application with the Board. To be consideration in the selection of
career candidate appointments. designated to take the FSOT, an candidates to certain factors, e.g.,
(a) General considerations—(1) applicant, as of the date of the test, must demonstrating language ability, which
Authority. Pursuant to section 302 of the be a citizen of the United States and at the Board will publicly announce on
Foreign Service Act of 1980 (hereinafter least 20 years of age. careers.state.gov.
referred to as ‘‘the Act’’), all Foreign (3) When and where given. The FSOT (ii) The Board of Examiners may
Service Officers shall be appointed by will be given periodically, in designated choose to verify accounts given by
the President, by and with the advice cities in the United States and at candidates in their personal narratives.
and consent of the Senate. All selected locales abroad, on dates (d) Foreign Service Oral Assessment
appointments shall be made to a class established by the Board of Examiners (FSOA). The following regulations apply
and not to a particular post. No person and publicly announced on to the FSOA:
shall be eligible for appointment as a careers.state.gov. (1) Purpose. The FSOA is designed to
Foreign Service Officer unless that (4) Scoring. The several parts of the enable the Board of Examiners for the
person is a citizen of the United States, FSOT will be weighted and graded Foreign Service to test the candidate’s
is twenty-one, and is world-wide according to standards established by ability to demonstrate the qualities or
available. Pursuant to section 306 of the the Board of Examiners. The Board of dimensions that are essential to the
Act, such appointment is initially a Examiners may adjust the passing score successful performance of Foreign
career-candidate appointment. The of the FSOT to reflect the projected Service work. The FSOA for the Entry
tenuring of Foreign Service Officer hiring needs of the Foreign Service. Level Foreign Service Officer Career
career candidates is governed by the (c) Qualifications Evaluation Panel Candidate Program will consist of an
provisions of 3 FAM 2245. (QEP). The following regulations apply assessment procedure publicly
(2) Veterans’ preference. Pursuant to to the QEP: announced by the Board of Examiners
section 301 of the Act, the fact that an (1) Purpose. Each QEP is designed to on careers.state.gov. The process is
applicant for appointment as a Foreign enable the Board of Examiners for the generally referred to as the Foreign
Service Officer candidate is a veteran or Foreign Service to review each Service Oral Assessment or FSOA.
disabled veteran, as defined in 5 U.S.C. candidate’s file and evaluate it against (2) Eligibility—(i) Through the FSOT
2108, must be considered as an established precepts of successful and QEP review. (A) Candidates who
affirmative factor in making such Foreign Service Officer performance. pass the FSOT and whose score on the
appointments. The QEPs rank order candidates within QEP review is at or above the passing
(3) Policy. Appointment as an Entry each career track. level set by the Board of Examiners will
Level Foreign Service Officer career (2) Panels. QEPs are career track be invited to take the FSOA.
candidate of class 6, 5, or 4 is governed specific and are staffed by panelists (B) Candidates must schedule the
by these regulations. Successful approved by the Board of Examiners FSOA within 12 months of receiving
applicants will be appointed as career from a roster of qualified active duty their invitation to take the FSOA unless
candidates for a period not to exceed 5 and retired Foreign Service Officers. At they receive an extension of time.
years. Under precepts of the least one of the panelists will be from Candidates may request an extension of
Commissioning and Tenure Board, the same career track as those in the up to an additional 12 months. Active
career candidates may be granted tenure candidate pool. duty military have unrestricted time to
and recommended for appointment as (3) Eligibility. Candidates whose score take an FSOA if they notify the Board
career Foreign Service Officers. Those on the FSOT is at or above the passing of Examiners of their active duty status.
who are not granted tenure prior to the level set by the Board of Examiners will Failure to take the FSOA within 12
expiration of their career-candidate be invited to submit their responses to months of the invitation will result in
appointments will be separated from the Personal Narrative Questions. The the cancellation of the candidacy,
Foreign Service. Separated candidates questions, linked to the Foreign Service unless the candidate has requested and
who originally were employees of an performance precepts, are designed to obtained an extension of eligibility. The
agency and who accepted a limited elicit specific examples of past candidacy of anyone for whom the
appointment to the Foreign Service with performance where the candidate scheduling period is extended by the
the consent of the head of the agency in demonstrated the requisite precept. Board due to being outside of the United
which they were employed will be (4) When administered. The Board of States will automatically be terminated
entitled to reemployment rights in their Examiners holds one session of QEPs if the candidate fails to notify his or her
former agency in accordance with following each FSOT. registrar of the change in status within
section 310 of the Act. (5) Scoring. Panelists will score files three months of returning to the United
(b) The Foreign Service Officer Test according to standards established by States. The candidate must schedule an
(FSOT). The following regulations apply the Board of Examiners. The candidacy FSOA, but if a candidate fails to appear
to the FSOT: of anyone whose score is at or above the for a scheduled FSOA, the candidacy is
(1) Purpose. The FSOT is designed to passing level set by the Board of automatically terminated. The Director
enable the Board of Examiners for the Examiners will continue. The candidacy of the Office of Recruitment,
Foreign Service to test the applicant’s of anyone whose score is below the Examination, and Employment in the
knowledge, skills, and abilities, passing level will be ended and may not Bureau of Human Resources, or his/her
including writing skills that are be considered again until the candidate designee, will consider requests to
necessary to the work of a Foreign has passed a new FSOT, at minimum of reschedule on a case-by-case basis if a
Service Officer. a year later. The Board of Examiners sets candidate so requests prior to his/her
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(2) Eligibility. Before each FSOT, the the passing score for each QEP based on scheduled FSOA.
Board of Examiners will establish a the projected hiring needs of the Foreign (ii) Through the Mustang Program.
closing date for the receipt of Service. All candidates exempt from the Career employees of the Department of
applications for designation to take the FSOT, except Mustang applicants, are State in classes FS–6 and above or
test. No person will be designated to also exempt from review by a QEP. grades GS–5 and above who are at least
take the test who has not, as of that (i) The Board of Examiners may 21 years of age and who have at least
closing date, filed a complete authorize QEPs to give special three years of service with the

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64322 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

Department may be selected by the Foreign Service (see 3 FAM 2212.1 appointments, including the
Board of Examiners for admission to the (Security Investigation)). appointment of an individual who is the
FSOA for Entry Level Career Candidates (f) Medical examination—(1) employee of any agency, may not
under the Department’s Mustang Eligibility. Candidates who pass the oral exceed five years in duration, and may
Program. Mustang candidates must meet assessment and elect to continue the not be renewed or be extended beyond
all program requirements and submit all hiring process must undergo a medical five years. A candidate denied tenure
application material to be considered for examination. See the procedures in of under 3 FAM 2250 may not be
the Mustang Program. See the 16 FAM 210 (Medical Clearances). reappointed as a career candidate to
procedures set forth in 3 FAM 2216.2– (2) [Reserved] become a generalist.
4 (Foreign Service Officer Oral (g) Suitability Review Panel. Generally (2) Career-track rank-order registers.
Assessment (FSOA)). after the medical clearance has been The Board of Examiners maintains
(iii) Through a mid-level conversion issued and the background investigation separate rank-order registers for career
program. Employees of the Department is received, the candidate’s entire file candidates in administrative, consular,
of State in grade GS–13 and above are (excluding any medical records) is economic, public diplomacy and
eligible to apply to enter the Foreign reviewed and evaluated by the political career tracks within the
Service through a mid-level conversion Suitability Review Panel to determine Department of State. Appointments
program (see 3 FAM 2216.3–2) the candidate’s suitability for the from each career-track register will be
whenever held. Foreign Service. See the procedures in made in rank order according to hiring
(iv) Through other programs. (A) 3 FAM 2215 (Suitability Review). The needs.
Under programs established pursuant to candidacy of any candidate who is (3) Special programs. Mustang
section 105(d)(1) of the Act, which determined by the Suitability Review candidates who are career employees of
addresses diversity within the Foreign Panel to be unsuitable for appointment the Department of State and who have
Service. shall be terminated and the candidate so satisfactorily completed all aspects of
(B) Under any other special entry informed. According to procedures the assessment process will be certified
programs created by the Department to established by the Board of Examiners, by the Board of Examiners for
meet specific needs of the Foreign a candidate may appeal this decision to placement on the Hiring Register to
Service. the Board of Examiners Staff Director or compete for a hiring opportunity as a
(3) When and where given. The FSOA designee whose decision will be final. Foreign Service Officer. Mustang
will be held intermittently in The Bureau of Diplomatic Security (DS) candidates who have previously passed
Washington, DC, and may be held in will re-submit applicants to the the FSOT/QEP will continue in the
selected cities in the United States or Suitability Review Panel if they are career track they selected when
abroad as necessary, as publicly found to have falsified information in registering for the FSOT and be placed
announced. the application process or are found to on the appropriate career track register.
(4) Assessment panel. (i) The FSOA have disqualifying factors. (4) Foreign language requirement. A
will be given by a panel of assessors (h) Certification for appointment—(1) candidate may be certified for
approved by the Board of Examiners Eligibility. (i) A candidate will not be appointment to classes FS–6, FS–5, or
from a roster of active duty and/or certified as eligible for appointment as FS–4 without first having passed an
retired Foreign Service Officers. a Foreign Service Officer Career examination in a foreign language, but
(ii) Service as an assessor shall be Candidate unless that candidate is at the appointment will be subject to the
limited to a maximum of 5 years, unless least 21 years of age and a citizen of the condition that the newly appointed
a further period is specifically United States. career candidate may not be appointed
authorized by the Board. Normally (ii) Except for preference eligible as a career Foreign Service Officer
assessment panels shall be chaired by a individuals, career candidate unless, within a specified period of
career officer of the Foreign Service, appointments must be made before the time, proficiency in a foreign language
trained in personnel testing and candidate’s 60th birthday. Preference is achieved.
evaluation. Determinations of duly eligible individuals must be appointed (i) Termination of eligibility—(1) Time
constituted panels of assessors are final before their 65th birthday. The limit. Candidates who have qualified
unless modified by specific action of the maximum age for appointment under but have not been appointed because of
Board of Examiners. this program is based on the lack of openings will be removed from
(5) Scoring. Candidates taking the requirement that all career candidates the rank-order register 18 months after
FSOA will be scored numerically must be able to: the date of placement on the rank-order
according to standards established and (A) Complete at least two full tours of register. Time spent in civilian Federal
publicly announced by the Board of duty, exclusive of orientation and Government service abroad (to a
Examiners, in places such as training; maximum of 2 years of such service),
careers.state.gov. The candidacy of (B) Complete the requisite eligibility including Peace Corps volunteer
anyone whose score is at or above the period for tenure consideration; and service, spouses of Foreign Service
passing level set by the Board will be (C) Complete the requisite eligibility officers, or in active regular or reserve
continued. The candidacy of anyone period to receive retirement benefits, military service (no maximum), will not
whose score is below the passing level prior to reaching the mandatory be counted as part of the 18-month
will be terminated. retirement age of 65 prescribed by the eligibility period.
(e) Background investigation. Act. (2) Extension. The Board of Examiners
Candidates who pass the FSOA and (iii) A candidate may be certified as may extend the eligibility period when
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elect to continue the hiring process will eligible for direct appointment to classes such extension is, in its discretion,
be subject to a background investigation. FS–6, FS–5 or FS–4 based on justified by the needs of the Foreign
The background investigation must be established, publicly available, criteria. Service.
conducted to determine the candidate’s (iv) Employees who receive a career (3) Postponement of entrance on duty.
eligibility for a security clearance and candidate appointment, i.e., who are Postponement of entrance on duty
serves as the basis for determining untenured, have five years to obtain because of civilian Federal Government
suitability for appointment to the tenure. These career-candidate service abroad (to a maximum of 2 years

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64323

of such service), including Peace Corps are routinely or frequently in shortage or taking the oral assessment will be
volunteer service, or as spouse of a need periodic recruitment through scored numerically according to
Foreign Service Officer, or active regular publicly posted vacancy standards set by the Board of Examiners.
or reserve military service (to a announcements, or the Director General The candidacy of anyone whose score is
maximum of the limit of such required may certify that there is a need for an at or above the passing level set by the
service), may be authorized by the applicant in a specific specialist Board will be continued. The candidacy
Board. category and at a specific class. of anyone whose score is below the
(j) Travel expenses. The travel and (ii) Candidates who receive a career passing level will be terminated. The
other personal expenses of candidates candidate appointment, i.e., who are
candidate may only reapply after the
incurred in connection with the written untenured, have four years with the
first anniversary date of the original
and oral examination will not be borne possibility of five years (see 3 FAM
by the Government. However, the 2251.3) to obtain tenure. These application.
participating foreign affairs departments appointments, including the (5) Background investigation.
may issue round-trip invitational travel appointment of an individual who is the Specialist candidates who pass the oral
orders to bring candidates to employee of any agency, may not assessment and elect to continue the
Washington, DC, at government exceed five years in duration, and may hiring process will be subject to a
expense, when it is determined by the not be renewed or be extended beyond background investigation. The
agencies that this is necessary in the five years. A specialist candidate denied background investigation must be
interest of the Foreign Service. tenure under 3 FAM 2250 generally may conducted to determine the candidate’s
not be reappointed as a career candidate eligibility for a security clearance and
§ 11.30 Mid-level Foreign Service Officer in the same career track.
career candidate appointments. [Reserved] serves as the basis for determining
(2) Eligibility. An applicant must be a suitability for appointment to the
§ 11.40 Senior Foreign Service Officer citizen of the United States and at least Foreign Service (see 3 FAM 2212.1–1
career candidate appointments. [Reserved] 20 years of age. The minimum age for
(Security Investigation)).
appointment as a career candidate is 21.
§ 11.50 Foreign Service specialist career Except for preference eligible (6) Medical examination. Candidates
candidate appointments. who pass the oral assessment and elect
candidates, all career candidate
(a) General considerations. (1) appointments shall be made before the to continue the hiring process must
Pursuant to section 303 of the Act, the candidate’s 60th birthday. Preference undergo a medical examination. See the
Secretary may appoint individuals to eligible candidates may be appointed up procedures in 16 FAM 210 (Medical
the Foreign Service (other than those to their 65th birthday. The maximum Clearances).
who are in the personnel categories age for appointment under the program
specified in section 302(a) of the Act). (7) Suitability Review Panel. After the
is based on the requirement that all medical examination clearance has been
Pursuant to section 306 of the Act, such career candidates shall be able to:
appointment is initially a career issued and the background investigation
(i) Complete at least two full tours of
candidate appointment. Section 303 is received, the candidate’s entire file
duty, exclusive of orientation and
governs the appointment by the training, (excluding any medical records) is
Department of State of Foreign Service (ii) Complete the requisite eligibility reviewed and evaluated by a Suitability
specialist career candidates to classes period for tenure consideration, and Review Panel to determine the
FS–1 and all classes below. Specialist (iii) Complete the requisite eligibility candidate’s suitability for the Foreign
candidates comprise all candidates for period to receive retirement benefits, Service. See the procedures in 3 FAM
career appointment in all career tracks prior to reaching the mandatory 2215 (Suitability Review). According to
other than generalist career tracks (i.e., retirement age of 65 prescribed by the procedures established by the Board of
management, consular, economic, Act. Examiners, a candidate may appeal this
political, and public diplomacy). The (3) Screening. (i) Specialist career decision to the Board of Examiners Staff
tenuring of specialist career candidates candidates will be screened initially on Director or designee, whose decision
is governed by the procedures in 3 FAM the basis of education and experience. will be final. DS will re-submit
2250. (ii) Based on a job analysis, the Board applicants to the Suitability Review
(2) Veterans’ preference shall apply to of Examiners, in coordination with any Panel if they are found to have falsified
the selection and appointment of bureau responsible for the specialty, information on their application or are
Foreign Service specialist career will establish the knowledge, skills, and found to have disqualifying factors.
candidates. Veterans’ preference is an abilities required to perform
affirmative factor once the candidate has successfully the tasks and duties of § 11.60 Limited non-career appointments.
been qualified for the position. As soon Foreign Service specialists in that
as veterans go on the Hiring Register, functional field. Assessors working for Consistent with section 303 of the Act
they may apply for additional points to the Board of Examiners will screen (22 U.S.C. 3943), the Secretary of State
increase their rank order standing. applications under those approved may also appoint Civil Service
(b) Specialist career candidate criteria and select those who meet the employees and other individuals to the
appointments—(1) Certification of need. requirements to invite to an oral Foreign Service, and, consistent with
(i) Candidates for appointment as assessment. section 309 of the Act (22 U.S.C. 3949),
specialist career candidates must be (4) Oral assessment. Candidates are such appointments may include limited
world-wide available and must have a selected through the initial screening non-career appointments (LNAs). After
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professional or a functional skill for process. The oral assessment will be meeting the job specific requirements,
which there is a continuing need in the given by a panel of assessors, at least candidates must meet applicable
Foreign Service. No applicant shall be one of whom will be a career Foreign medical, security, and suitability
appointed for which there is no certified Service employee proficient in the requirements. Limited non-career
need established at a specific class level. functional field for which the candidate appointments are covered under 3 FAM
Either the Director General may is being tested. The assessment may 2290.
determine in advance which specialties include a writing sample. Candidates

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Document Created: 2015-12-14 15:32:13
Document Modified: 2015-12-14 15:32:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective on November 23, 2015.
Contact		Alice Kottmyer, Office of the Legal Adviser, who may be reached at (202) 647-2318.
FR Citation		80 FR 64319
RIN Number		1400-AD59
CFR Associated		Foreign Service; Foreign Officials and Government Employees