Appointment of Foreign Service Officers, 64319-64324 [2015-27026]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
Availability and Summary of
Documents for Incorporation by
Reference
Lists of Subjects in 14 CFR Part 71
This document amends FAA Order
7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015,
and effective September 15, 2015. FAA
Order 7400.9Z is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Adoption of the Amendment
Airspace, Incorporation by reference,
Navigation (air).
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E surface area airspace,
at Pearson Field, Vancouver, WA. A
review of the airspace revealed current
standard instrument approach
procedures not being fully contained
within controlled airspace. Class E
surface area airspace is established
within an area 4.9 miles west, 4 miles
east, 2.9 miles north, and 1.8 miles
south of Pearson Field.
Regulatory Notices and Analyses
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015, and
effective September 15, 2015, is
amended as follows:
■
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
*
*
*
*
*
ANM OR E2 Vancouver, WA [New]
Pearson Field, WA
(Lat. 45°37′14″ N., Long. 122°39′23″ W.)
That airspace extending upward from the
surface bounded by a line beginning at Lat.
45°36′06″ N., Long. 122°46′29″ W.; to Lat.
45°38′27″ N., Long. 122°46′19″ W.; to Lat.
45°40′21″ N., Long. 122°44′08″ W.; to Lat.
45°39′49″ N., Long. 122°33′23″ W.; to Lat.
45°34′51″ N., Long. 122°33′53″ W.; thence to
the point of beginning.
Environmental Review
mstockstill on DSK4VPTVN1PROD with RULES
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
[Public Notice: 9324]
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
RIN 1400–AD59
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
Issued in Seattle, Washington, on October
15, 2015.
Christopher Ramirez,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2015–26948 Filed 10–22–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 11
Appointment of Foreign Service
Officers
Department of State.
Final rule.
AGENCY:
ACTION:
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
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
64319
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.
E:\FR\FM\23OCR1.SGM
23OCR1
64320
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
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
mstockstill on DSK4VPTVN1PROD with RULES
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
3 FAM 2215 .....................................................................................................
3 FAM 2216.2
3 FAM 2216.3
3 FAM 2217
3 FAM 2218
3 FAM 2245 .....................................................................................................
3 FAM 2250 .....................................................................................................
3 FAM 2251.3
3 FAM 2290 .....................................................................................................
16 FAM 210 .....................................................................................................
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
PO 00000
Frm 00014
Fmt 4700
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.
§ 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:
https://www.state.gov/documents/organization/84854.pdf.
https://www.state.gov/documents/organization/84851.pdf.
https://www.state.gov/documents/organization/84850.pdf.
https://www.state.gov/documents/organization/84846.pdf.
https://www.state.gov/documents/organization/89692.pdf.
Sfmt 4700
E:\FR\FM\23OCR1.SGM
23OCR1
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
§ 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
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
64321
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
E:\FR\FM\23OCR1.SGM
23OCR1
mstockstill on DSK4VPTVN1PROD with RULES
64322
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
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
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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
E:\FR\FM\23OCR1.SGM
23OCR1
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
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.
§ 11.30 Mid-level Foreign Service Officer
career candidate appointments. [Reserved]
§ 11.40 Senior Foreign Service Officer
career candidate appointments. [Reserved]
mstockstill on DSK4VPTVN1PROD with RULES
§ 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
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
64323
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.
§ 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.
E:\FR\FM\23OCR1.SGM
23OCR1
64324
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0973]
Drawbridge Operation Regulations;
York River, Yorktown, VA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Coleman
Memorial Bridge (US 17) across the
York River, mile 7.0, at Yorktown, VA.
This deviation allows the bridge to
remain in the closed-to-navigation
position to facilitate mechanical repairs
to the bridge.
DATES: This deviation is effective from
10 p.m. on November 14, 2015, until 7
a.m. on November 22, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0973], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard; telephone (757)
398–6222, email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
who owns and operates the Coleman
Memorial Bridge (US 17), has requested
a temporary deviation from the current
operating regulations to facilitate
mechanical repairs to the movable
grating between one of the movable
spans and the fixed bridge. The bridge
is a swing bridge and has a vertical
clearance in the closed position of 60
feet above mean high water.
The current operating schedule is set
out in 33 CFR 117.1025. Under this
temporary deviation, the bridge will
remain in the closed-to-navigation
position from 10 p.m. on November 14,
2015, until 7 a.m. on November 15,
2015. If necessary due to inclement
weather on November 14, 2015, the
bridge will remain in the closed-tonavigation position from 10 p.m. on
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:44 Oct 22, 2015
Jkt 238001
November 21, 2015, until 7 a.m. on
November 22, 2015. The York River is
used by a variety of vessels including
deep draft ocean-going vessels, U.S.
government vessels, small commercial
fishing vessels, recreational vessels and
tug and barge traffic. The Coast Guard
has carefully coordinated the
restrictions with U.S. government and
commercial waterway users.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies and there is no
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impacts caused by this temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 19, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–26969 Filed 10–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0947]
Drawbridge Operation Regulation;
Snohomish River, Marysville, WA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe Railroad Company
(BNSF) Bridge 37.0 across the
Snohomish River, mile 3.5 at
Marysville, WA. The deviation is
necessary to accommodate scheduled
bridge rail joint maintenance and
replacement. The deviation allows the
bridges to remain in the closed-tonavigation position during the
maintenance to allow safe movement of
work crews.
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
This deviation is effective from
November 1, 2015 through November
15, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0947] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email the Bridge
Administrator, Coast Guard Thirteenth
District; telephone 206–220–7234 email
d13-pf-d13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: BNSF has
requested a temporary deviation from
the operating schedule for the BNSF RR
Bridge 37.0, mile 3.5, crossing
Snohomish River, at Marysville, WA.
BNSF requested the BNSF RR Bridge
37.0 remain in the closed-to-navigation
position for rail maintenance. This
maintenance has been scheduled, and is
funded as part of the Cascade Corridor
Improvement Project.
The normal operating schedule for
this bridge operates in accordance with
33 CFR 117.5 which states it must open
promptly on signal at any time, and
requires constant attendance by with a
drawtender. BNSF RR Bridge 37.0
provides 10 feet of vertical clearance in
the closed-to-navigation position.
This deviation allows the BNSF RR
Bridge 37.0, at mile 3.5 crossing
Snohomish River, to remain in the
closed-to-navigation position, and need
not open for maritime traffic from 10
a.m. until 4 p.m. from November 1, 2015
through November 15, 2015; except, the
bridge will remain in the closed-tonavigation position from 8 a.m. until
Midnight on November 10, 2015 and
from 8 a.m. until Midnight on
November 12, 2015. The bridge shall
operate in accordance to 33 CFR part
117, subpart A at all other times.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will be required to open, if
needed, for vessels engaged in
emergency response operations during
this closure period, but any time lost to
emergency openings will necessitate a
time extension added to the approved
dates. Waterway usage on this part of
the Snohomish River includes tug and
barge to small pleasure craft. No
immediate alternate route for vessels to
pass is available on this part of the river.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
DATES:
E:\FR\FM\23OCR1.SGM
23OCR1
]]>Agencies
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64319-64324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27026]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
3 FAM 2215................... https://www.state.gov/documents/organization/84854.pdf.
3 FAM 2216.2
3 FAM 2216.3
3 FAM 2217
3 FAM 2218
3 FAM 2245................... https://www.state.gov/documents/organization/84851.pdf.
3 FAM 2250................... https://www.state.gov/documents/organization/84850.pdf.
3 FAM 2251.3
3 FAM 2290................... https://www.state.gov/documents/organization/84846.pdf.
16 FAM 210................... https://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
