Appointment of Foreign Service Officers, 64319-64324 [2015-27026]

Download as PDF 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: http://www.state.gov/documents/organization/84854.pdf. http://www.state.gov/documents/organization/84851.pdf. http://www.state.gov/documents/organization/84850.pdf. http://www.state.gov/documents/organization/84846.pdf. http://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 http://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 http://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]


=======================================================================
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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.

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

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...................  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