3 fam 2200
Appointments
3 FAM 2210
appointments
(CT:PER-932; 11-01-2018)
(Office of Origin: HR/REE)
3 FAM 2211 general policy
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The Department's policy is to recruit and select the
best qualified employees available, without regard to age, race, color,
religion, sex (including pregnancy and gender identity), national origin,
political affiliation, marital status, sexual orientation, disability, genetic
information, membership in an employee organization, parental status, military
service, or other non-merit factor.
b. The Department develops and maintains qualification
standards for various categories of positions, publishes recruitment
literature, publicizes its needs, and actively recruits to attract and examine
the personnel needed for effective operation of the Foreign Service.
3 FAM 2212 basic requirements for
employment of foreign service personnel
3 FAM 2212.1 Security
Investigation
3 FAM 2212.1-1 Authority
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
a. Executive Order 10450 of April 27, 1953, as amended,
provides:
(1) The head of each department of the U.S. Government
must be responsible for establishing and maintaining an effective program to
ensure that the employment and retention of any civilian officer or employee is
clearly consistent with the interests of national security; and
(2) The appointment of each civilian officer or
employee must be made subject to investigation.
b. Subchapter 3 FAM 2220 and 12 FAM 230
provides:
(1) Every appointment made within the Department must
be made subject to a full field investigation;
(2) No sensitive position in the Department must be
filled or occupied by any person for whom a full field investigation has not
been conducted; and
(3) The Bureau of Diplomatic Security, Diplomatic
Security Service (DS/DSS), must conduct such investigations as may be required
by the investigative responsibilities of the Secretary.
3 FAM 2212.1-2 Definitions
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees and Applicants)
National security: relates to the protection and preservation of
the military, economic, and productive strength of the United States, including
the security of the U.S. Government in domestic and foreign affairs, against or
from espionage, sabotage, and subversion, and any and all other illegal acts
designed to weaken or destroy the United States.
Sensitive position: means any position in the Department of State
the occupant of which could bring about, because of the nature of the position,
a material adverse effect on the national security. Guidelines for determining
position sensitivity are provided in 3 FAM 2220. In
view of the highly sensitive nature of the operations and activities of the
Department, all positions must be considered as critical-sensitive, except for
such positions as may be specifically designated otherwise by the Bureau of
Diplomatic Security, Diplomatic Security Service (DS/DSS).
3 FAM 2212.1-3 Personal Data
Required
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Applicants for employment with the Department in sensitive
positions, as part of the pre-employment investigative process, must submit the
following forms and information for use by the Bureau of Diplomatic Security,
Diplomatic Security Service (DS/DSS):
(1) Proof of U.S. citizenship (copy of passport, birth
certificate or certificate of naturalization);
(2) Form SF-86, Questionnaire for National Security
Positions, which is OPM's Electronic Questionnaire for Investigations
Processing (eQIP), filled out and submitted on-line. The applicant, if
married, must provide in the eQIP, the name and address of the spouse's current
employer or a statement that the spouse is not employed, and all addresses at
which the spouse has resided since the age of 21;
(3) Form FD-258, Fingerprint Chart, signed and dated,
in duplicate;
(4) Form DS-7601, if the applicant is married or
cohabiting with a U.S. citizen, the candidate must submit a signed and dated
Form DS-7601, Authorization to Conduct Criminal History Inquiry for Spouse or
Cohabitant. This applies to all applicants except those where the spouse or
cohabitant is a Department of State employee;
(5) Foreign Spouse/Cohabitant Package: If the
applicant is married or cohabiting with a non-U.S. citizen, the applicant must
submit a Foreign Spouse/Cohabitant package; and
(6) Applicants may also be required to submit the
OF-306, Declaration for Federal Employment.
3 FAM 2212.2 Assignment
Availability
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Applicants must be willing to accept assignment to any
post, foreign or domestic; this is referred to as worldwide availability.
Employees also must be willing to accept subsequent assignments to any post
according to the needs of the Service. This does not apply to locally engaged
staff or to persons employed for special programs and assigned to a certain
post or area.
3 FAM 2212.3 Employment of
Eligible Family Members
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees)
a. It is the policy of the Department to support the
employment or re-employment of spouses or domestic partners as defined in 3 FAM 1610, and
other eligible family members who wish to work at posts abroad. Such
employment is subject to the approval of the chief of mission (see 3 FAM 4120).
b. Posts should routinely survey families as they
arrive to determine which spouses, domestic partners, and other eligible family
members desire employment and have skills which may be needed at the post. The
usual provision for security clearances must be observed for all such
appointments.
3 FAM 2213 VOLUNTARY SERVICES
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Civil Service and Foreign Service Employees)
Unless permitted by statute, voluntary services must not
be accepted by the U.S. Government except in cases of sudden emergency
involving the loss of human life or the destruction of property.
3 FAM 2214 EFFECTIVE DATE OF
APPOINTMENT
3 FAM 2214.1 Chiefs of Mission
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees)
Appointment or assignment as chief of mission is effective
on a date established in accordance with the following rules, except that the
appointment or assignment cannot be effective until the appropriate commission
has been issued by the President:
(1) When a person is appointed from outside the
Service to a position in the Service as chief of mission, the appointment is
effective either on the date the person enters on official travel status for
the purpose of proceeding to a post of duty or place of temporary detail, or on
the date the person enters on duties connected with the position in question,
whichever date is earlier. The Department may, however, by administrative
action, establish the date on which the person takes the oath of office as the
effective date of appointment as chief of mission; or
(2) When a Foreign Service employee is appointed or
assigned without break in service to a position as chief of mission, the
appointment or assignment is effective on the date the employee enters on
official travel status for the purpose of proceeding to post of duty or place
of temporary detail as chief of mission. The Department may, however, by
administrative action, establish the date on which the employee takes the oath of
office in the new position as chief of mission as the effective date of
appointment or assignment to such position.
3 FAM 2214.2 Foreign Service
Officers
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees)
An appointment as a career Foreign Service Officer is
effective on a date established in accordance with the following rules:
(1) When a person is appointed from outside the
Service, or is reappointed or recalled, to a position in the Service as a
Foreign Service Officer, the appointment, reappointment, or recall is effective
either on the date the appointee enters on official travel status for the
purpose of proceeding to a post of duty or the place of temporary detail, or on
the date the appointee enters on duties connected with the position in
question, whichever date is earlier; or
(2) When a Foreign Service employee is appointed,
without a break in service, to a position as a Foreign Service Officer from a
position in some other category in the Service, the appointment as a Foreign
Service Officer is effective on the date the employee begins the duties of the
new position.
3 FAM 2215 Suitability Review
3 FAM 2215.1 Suitability Review
Panel
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to all Foreign Service applicants)
a. A Suitability Review Panel (SRP) makes suitability
determinations for appointment of career candidates in the Foreign Service, for
the reappointment of a career member to the Foreign Service, for the recall of
a career member to the Foreign Service, for Civil Service candidates converting
to the Foreign Service and for limited non-career appointments to the Foreign
Service except family member appointments. A Suitability Review Panel will
also review the candidacies of any current Foreign Service employee converting
to another skill code if derogatory information arises prior to the candidates
conversion. Except as provided below, candidates, except those applying for a
position with Diplomatic Security (DS), who have been found suitable for
appointment by a SRP within the previous two years do not require a new
suitability review.
b. After the medical examination clearance has been
issued, and the background investigation is received, a candidates entire file
(except the medical records) is reviewed and evaluated by a SRP to determine
the candidates suitability for the Foreign Service under the standards set
forth in 3 FAM
2215. DS will re-submit applicants to the qualifications panel (3 FAM 2216.2-3)
if they are found to have falsified information on their application or are
found to have other disqualifying factors.
c. Suitability Review Panels for the Department of
State must consist of two or more assessors from the Board of Examiners, or, in
the case of Diplomatic Security or Medical Specialist candidates, one of the
assessors may be a subject matter expert appointed to the Suitability Review
Panel (SRP) by the Director of HR/REE/BEX. In the case of a candidate for
appointment to the Senior Foreign Service, the SRP must consist of at least
three Assessors who are career Senior Foreign Service Officers (FSO). The
majority of the officers on the Senior Foreign Service Officer SRP, including
the panel chairperson, must be career Senior FSOs.
d. Candidates found suitable for appointment will have
their names forwarded to the Office of the Registrar in the Bureau of Human
Resources (HR/REE/REG). Prior to
appointment in the Foreign Service, the Department of State may, at its
discretion, elect to review once again the candidates suitability for employment
should information become available that the Suitability Review Panel had not
previously had access to that raises questions about the Suitability Review
Panels original suitability determination.
e. The candidacy of any candidate who is not found suitable
for appointment by a Suitability Review Panel will be terminated and the
candidate will be informed of the termination and the right to appeal in
writing. An unfavorable suitability determination for a Foreign Service
candidacy, other than a candidacy for a Diplomatic Security position based
solely on reasons found in 3 FAM 2215.2-6 (15), terminates other pending Foreign Service
candidacies. An unfavorable suitability determination for a Diplomatic
Security candidacy solely under 3 FAM 2215.2-6 (15) may not necessarily terminate other
pending, non-DS Foreign Service candidacies.
f. Candidates, other than candidates for Diplomatic
Security positions whose candidacy was terminated solely under 3 FAM 2215.2-6 (15), not found suitable for appointment by a
Suitability Review Panel are ineligible to apply for Foreign Service positions
for a period of two years from the date of the unfavorable suitability
determination. Candidates for Diplomatic Security positions whose candidacy
was terminated solely under 3 FAM 2215.2-6 (15) will remain eligible to apply for
non-Diplomatic Security positions.
3 FAM 2215.2 Suitability Standards
for Appointment to the Foreign Service
3 FAM 2215.2-1 Applicability
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
This section applies to all applicants for employment in
the Foreign Service except applicants to family member appointments. Standards
of conduct for continued employment in the Foreign Service are found in 3 FAM 4130.
3 FAM 2215.2-2 Authority
3 FAM 2215.2-2(A) General
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
Authorities:
Section 206 and Chapter 3 of the Foreign Service Act of 1980, as
amended (22 U.S.C. 3921, 3941); and
5 U.S.C. 301 authorize the Secretary of State to prescribe
regulations for appointment to the Foreign Service.
3 FAM 2215.2-2(B) USAID
(CT:PER-932; 11-01-2018)
(USAID Only)
(Applies to all Foreign Service Applicants)
Authorities:
Department of State Delegation of Authority No. 293-2, as amended, and
22 U.S.C. 2381(a) authorize the Administrator to exercise the
authorities described in section 3 FAM 2215.2-3.
3 FAM 2215.2-3 Standard
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
A candidate will be given an unfavorable suitability
determination if termination of the candidacy will protect the integrity or
promote the efficiency of the Foreign Service.
3 FAM 2215.2-4 Suitability
Action Against Applicants
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
The agencies may deny suitability to an applicant for
employment in the Foreign Service for any of the reasons in this subchapter.
3 FAM 2215.2-5 Evaluation
Factors to Consider
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
When evaluating a candidates suitability, the agencies
consider the following factors to the extent the agency, in its sole
discretion, deems them pertinent to the candidate under evaluation:
(1) Whether the candidates conduct can reasonably be
expected to interfere with or prevent effective performance in the Foreign
Service;
(2) Whether the candidates conduct can reasonably be
expected to interfere with or prevent effectively implementing the policies and
programs of the U.S. Government, including the responsibility to present a
favorable impression abroad;
(3) Whether the candidates conduct is such that it
can reasonably be expected to prevent other employees from efficiently performing
their duties and responsibilities;
(4) The notoriety of the candidates conduct;
(5) The duties and responsibilities of any position,
function or service in which the candidate may serve or is serving, including
its representational nature;
(6) The sensitivity of any position or function in
which the candidate may serve and the security clearance required;
(7) The nature, seriousness, frequency, and the date
of the conduct, including whether the candidates conduct was voluntary, and
the age of the candidate at the time the conduct occurred;
(8) Social or environmental conditions that may have
affected or contributed to the candidates conduct;
(9) The sufficiency and success of the candidates
efforts, if any, toward rehabilitation. The candidates candor in discussing a
matter of proper concern with appropriate authorities must be considered in
evaluating the sincerity of the candidates efforts toward rehabilitation;
(10) Whether the conduct occurred abroad or in the
United States, during working hours or while off-duty, and the length of
service and supervisory responsibilities, if any, of the candidate at the time
the conduct occurred; and
(11) Any other relevant circumstances or any other
relevant consideration that is brought to the attention of the Panel.
3 FAM 2215.2-6 Suitability
Criteria
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to all Foreign Service Applicants)
The following factors will be considered in determining a
candidates suitability for appointment:
(1) Any statutory or regulatory bar that prevents the
candidates lawful employment in the position in question;
(2) Misconduct or negligence in prior employment;
(3) Poor or marginal job performance in prior
employment including, but not limited to, failure to learn from past mistakes,
failure to interact effectively with others, and failure to adjust to new
stressful situations;
(4) Criminal, dishonest, or notoriously disgraceful
conduct;
(5) Lack of financial responsibility;
(6) Any material, intentional false statement, deception,
or fraud, in the examination or appointment process;
(7) Refusal to furnish testimony or information to
proper authority in response to specific and relevant inquiry concerning the
individuals job performance, conduct, or such other matters as:
(a) Qualifications for the position, function, or
service under consideration or held, or
(b) Qualification for a security clearance.
(8) Abuse of alcohol or other intoxicants, without
evidence of substantial rehabilitation, of a nature and duration that suggests
that the candidate could be prevented from, or restricted in, performing the
duties and responsibilities of the position or could constitute a threat to the
property or safety of the candidate or others;
(9) Illegal use of narcotics, drugs, or other controlled
substances, without evidence of cessation and substantial rehabilitation;
(10) Conduct that gives rise to reasonable doubt as to
the candidates loyalty to the U.S. Government;
(11) Conduct that furnishes substantial reason to
believe that the candidate is, or may be, subject to coercion, improper
influence, or pressure that is reasonably likely to cause the individual to act
contrary to the national security or foreign relations of the United States;
(12) Conduct that, in the opinion of competent medical
authority, is evidence of an unstable personality, impaired judgment, or
emotional disorder;
(13) Conduct that clearly shows poor judgment or lack
of discretion;
(14) Credible adverse information regarding multiple
factors in several criteria areas that may not be sufficient for an adverse
determination under any other single factor, but which, when considered
together indicates questionable judgment, untrustworthiness, unreliability,
lack of candor, unwillingness to comply with rules and regulations or other
characteristics;
(15) Specific considerations for applicants to DS
Special Agent positions. As law enforcement officers, DS Special Agents must
be able to fulfill certain law enforcement duties and responsibilities that are
essential to the position. Consequently, candidates for Special Agent and
Security Protective Specialist positions are subject to the following specific
considerations when determining suitability:
(a) DS Special Agents and Security Protective
Specialists are required to carry firearms in the course of their duties. 18
U.S.C. 922(g) prohibits specified categories of individuals from possessing
firearms, including: those convicted of a crime punishable by imprisonment of
more than one year; fugitives from justice; those who are unlawful users of or
addicted to any controlled substance; those who have been adjudicated as being
mentally defective or have been committed to a mental institution; those
discharged from the Armed Forces under dishonorable conditions; those convicted
of the misdemeanor crime of domestic violence; those subject to a restraining
order for domestic abuse. Applicants who are prohibited from possessing
firearms under 18 U.S.C. 922(g) are disqualified from the position;
(b) DS Special Agents and Security Protective
Specialists are prohibited from consuming alcohol while armed or any time prior
to being armed sufficient to impair an agents judgment or ability to perform
his or her duties. Accordingly, current continuing use of alcohol to the point
of intoxication will disqualify applicants for the position. A prior history
of incidents of alcohol abuse may also be disqualifying. Evidence of
rehabilitation must be carefully considered; and
(c) DS Special Agents duties require them to
investigate federal crimes and to testify in federal criminal proceedings where
their testimony can be the key evidence against a defendant. Further, under
Giglio v. United States, 405 U.S. 150 (1972), federal prosecutors are required
to disclose any information that could potentially impeach the testimony of
government witnesses, including DS Special Agents. As described in the
Department of Justices Policy Regarding the Disclosure to Prosecutors of
Potential Impeachment Information Concerning Law Enforcement Agency Witnesses
(Giglio Policy), the following may be considered potential impeachment
information:
(i) Any finding of misconduct that reflects upon the
truthfulness or possible bias of the agent, including a finding of lack of
candor during an administrative inquiry;
(ii) Any past or pending criminal charge brought
against the agent; and
(iii) Any credible allegation of misconduct that
reflects upon the truthfulness or possible bias of the agent that is the
subject of a pending investigation.
(16) Potential impeachment information in an
applicants background thus will be carefully considered and may be
disqualifying.
3 FAM 2215.2-7 Explanation of
Certain Issues
3 FAM 2215.2-7(A) Statutory or
Regulatory Bars to Foreign Service Employment
(CT:PER-772; 06-15-2015)
(State/USAID
(Applies to Foreign Service Applicants)
a. Certain Federal statutes and/or regulations may
prevent lawful employment in the Foreign Service. These include:
|
Examples (this list is not meant
to be all inclusive):
|
|
Issue
|
Debarment Period
|
Legal Authority
|
|
Knowing and willful failure to register with the
Selective Service
|
Indefinite
|
5 U.S.C. 3328
|
|
Advocating or being a knowing member of an organization
that advocates the overthrow of our constitutional form of government
|
Indefinite
|
5 U.S.C. 7311
|
|
Participating in, or asserting the right to, or being a
knowing member of a Federal union that asserts the right to, strike against
the U.S. Government
|
Indefinite
|
5 U.S.C. 7311
|
|
Inciting, organizing, promoting, encouraging, engaging
or aiding others to engage in riots or civil disorders
|
5 years
|
5 U.S.C. 7313
|
|
Interference with elections by a member of the Armed
Forces
|
Indefinite
|
18 U.S.C. 593
|
|
Unlawful trading in public property by collection or
disbursing officer
|
Indefinite
|
18 U.S.C. 1901
|
|
Willful and unlawful concealment, removal, mutilation or
destruction (or attempts) of public records and materials
|
Indefinite
|
18 U.S.C. 2071(b)
|
|
Committing treason against the United States
|
Indefinite
|
18 U.S.C. 2381
|
|
Inciting, assisting or participating in any rebellion or
insurrection against the United States
|
Indefinite
|
18 U.S.C. 2383
|
|
Knowing and willfully advocating, abetting, advising or
teaching the overthrow of the United States Government or any political
subdivision of the United States
|
5 years
|
18 U.S.C. 2385
|
|
Activities intended to impair the loyalty, morale or
discipline of the United States Armed Forces
|
5 years
|
18 U.S.C. 2387
|
b. Other federal statutes and/or regulations may
prevent candidates from performing essential elements of the position to which
they are applying:
|
Examples (this list is not meant
to be all inclusive):
|
|
Issue
|
Consequence
|
Legal Authority
|
|
Felony conviction, unlawful use of any controlled
substance, adjudicated as a mental defective, dishonorable military
discharge, conviction for misdemeanor crime of domestic violence, or subject
of restraining order for domestic abuse
|
Banned from shipment, transport, and possession of
firearms or ammunition
|
18 U.S.C. 922(g)
|
|
In default on a State Department repatriation loan
|
Ineligible for passport
|
22 U.S.C. 2671 (d)(3)
22 CFR 51.60(a)(1)
|
|
Certified by the Secretary of HHS as $2500 in arrears of
child support.
|
Ineligible for passport
|
42 U.S.C. 652(k)
22 CFR 51.60(a)(2)
|
3 FAM 2215.2-7(B) Misconduct
or Negligence in Employment
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Misconduct or negligence need not have resulted in
disciplinary action to be disqualifying. Where there was disciplinary action,
the primary focus for the suitability determination will remain on the nature
of the misconduct.
3 FAM 2215.2-7(C) Criminal
Conduct
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
a. Conduct which violates criminal laws, whether in the
United States or abroad, may create doubt about a candidates judgment,
reliability, or trustworthiness and calls into question an individual's ability
or willingness to comply with laws, rules, and regulations. The conduct need
not have resulted in arrests, charges, or convictions in order for an
unfavorable suitability determination to be made.
b. Because Foreign Service employees serving abroad may
enjoy certain privileges and immunities, the Foreign Service imposes an added
obligation that employees scrupulously refrain from activities which, but for
diplomatic privilege or courtesy, might subject the employee to local criminal
sanctions. Criminal conduct prior to employment may create doubt about a
candidates ability to comply with this obligation.
3 FAM 2215.2-7(D) Dishonesty
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Dishonesty raises questions about an individuals
character that may indicate the individual's employment would not promote the
efficiency of the Foreign Service or protect its integrity:
|
Examples (this list is not meant
to be all inclusive):
(1) Intentional lies, fraud, or deceit.
(2) Illegal activities resulting from dishonest
acts.
(3) Intentional falsification of documents.
|
3 FAM 2215.2-7(E) Notoriously
Disgraceful Conduct
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Notoriously disgraceful conduct is conduct that, were it
to become widely known, would embarrass, discredit, or subject to opprobrium or
contempt the perpetrator, the Foreign Service, or the United States:
|
Examples (this list is not meant
to be all inclusive):
(1) Frequenting prostitutes.
(2) Engaging in public sexual relations.
(3) Spousal abuse.
(4) Neglect or abuse of children.
(5) Manufacturing or distributing pornography.
(6) Entering into debts that one knows, or should
have known, one could not pay.
(7) Making use of one's position or immunity to
profit or to provide favor to another or to create the impression of gaining
or giving improper favor.
|
3 FAM 2215.2-7(F) Lack of
Financial Responsibility
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Applicants for the Foreign Service are expected to satisfy
all just financial obligations and to deal responsibly with creditors to
resolve disputes in a timely manner:
|
Examples (this list is not meant
to be all inclusive):
(1) Unwillingness to satisfy valid debts.
(2) Indebtedness caused by frivolous or
irresponsible spending and the absence of any evidence of willingness or
intent to pay the debt or establish a realistic plan to pay the debt.
(3) Failure to deal in good faith with alleged
creditors to resolve disputes in a timely manner.
(4) Failure to pay federal, state, or other taxes,
or to file a tax return when required by law or ordinance.
|
3 FAM 2215.2-7(G) Material
Statements and Fraud
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
a. A material statement is one that would tend to
influence or affect an official decision, even if the agency does not rely upon
it.
b. Fraud is an intentional deception.
3 FAM 2215.2-7(H) Obligation
to Furnish Information on Suitability
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Applicants are obliged to provide or authorize others to
provide information relevant to a determination of suitability. Refusal, upon
official notice of the purpose of the inquiry, may warrant an unfavorable
suitability determination.
3 FAM 2215.2-7(I) Abuse of
Intoxicants
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
a. Abuse of alcohol or other intoxicants may negatively
affect a candidates ability to perform the duties of the position and/or raise
questions about the candidates reliability and trustworthiness. This is
particularly true for members of the Foreign Service who are considered to be
on duty 24 hours a day and must always be fit to respond to emergency
situations.
b. Alcohol or intoxicant abuse on the part of an
applicant, in the absence of evidence of rehabilitation, will result in an
unfavorable suitability determination. Rehabilitation, if present, must be
carefully considered and evidence of rehabilitation must be substantial, for
example, a clear, lengthy break in the pattern of abuse and strong evidence the
abuse will not occur again:
|
Examples (this list is not meant
to be all inclusive):
(1) Current continuing use of alcohol to the point
of intoxication.
(2) Alcohol-related arrests and/or problems in
employment. (Note: Less serious alcohol-related conduct may still be a
concern under the criminal conduct or misconduct or negligence in employment
factors.)
|
3 FAM 2215.2-7(J) Illegal Use
of Narcotics, Drugs, or Other Controlled Substances
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
a. In 1986, Executive Order 12564 created a drug-free
federal workplace and stated that individuals who use illegal drugs are not
suitable for Federal employment.
b. Indications of illegal drug use, without evidence of
cessation and rehabilitation, will be grounds for denial of appointment. The
evidence of cessation and rehabilitation must include a clear, lengthy break in
the pattern of use with strong evidence the use will not occur again.
Cessation and rehabilitation from illegal drug use is not in itself sufficient
for a favorable suitability determination, but must be evaluated together with
all of the considerations listed in 3 FAM 2215.2-7.
3 FAM 2215.2-7(K) Loyalty and
Security
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
All Federal employees must be loyal to the United States.
When conduct raises questions of loyalty or of potential coercion, improper
influence, or pressure to act contrary to the national security of foreign
relations of the United States, they are normally handled under personnel
security procedures (see 12 FAM 230); but
when appropriate, they may be handled under suitability procedures.
3 FAM 2215.2-7(L) Sexual
Behavior
(CT:PER-772; 06-15-2015)
(State/USAID)
(Applies to Foreign Service Applicants)
Conduct surrounding sexual behavior is a suitability
concern when it may impede an individuals ability to perform the duties and
responsibilities of the position and/or when it threatens the efficiency and
integrity of the Service. The agencies recognize that, in our society, there
are considerable differences of opinion in matters of sexual conduct, and that
there are some matters which are of no concern to the U.S. Government:
|
Examples (this list is not meant
to be all inclusive):
(1) Sexual behavior of a criminal nature;
(2) Sexual behavior or surround conduct that
constitutes misconduct in employment or dishonest conduct as described
elsewhere in this chapter;
(3) Sexual behavior that could render the individual
subject to coercion, improper influence, or pressure; and
(4) Sexual behavior that creates the impression of
using one's position to gain or give improper favor.
NOTE: Under 5 U.S.C.
2302(b)(10), it is a prohibited personnel practice to discriminate for or
against any employee or applicant for employment on the basis of conduct
which does not adversely affect the performance of the employee or applicant
or the performance of others; except that nothing in this paragraph should
prohibit an agency from taking into account in determining suitability or
fitness any conviction of the employee or applicant for any crime under the
laws of any State, of the District of Columbia, or of the United States.
Further, under E.O. 11478, as amended, it is the policy
of the Government of the United States to provide equal opportunity in
Federal employment for all persons, to prohibit discrimination in employment
because of race, color, religion, sex, national origin, handicap, age, sexual
orientation or status as a parent
|
3 FAM 2216 METHODS OF APPOINTMENT
3 FAM 2216.1 Chiefs of Mission
3 FAM 2216.1-1 Appointment by
President
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Appointees)
Chiefs of mission are appointed by the President, by and
with the advice and consent of the Senate. They may be career members of the
Foreign Service or they may be appointed from outside the Service.
3 FAM 2216.1-2 Recommendation of
Foreign Service Officers
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Appointees)
The Secretary of State, as appropriate, furnishes the
President with the names of Foreign Service Officers qualified for appointment
as chiefs of mission. The names of these officers, together with pertinent
information concerning them, are given to the President to assist the President
in selecting qualified candidates for appointment as chiefs of mission.
3 FAM 2216.1-3 Status of Foreign
Service Officers Appointed as Chiefs of Mission
(CT:PER-315; 03-26-1996)
(State Only)
(Applies to Foreign Service Employees)
Foreign Service Officers who are appointed as chiefs of
mission retain their status as Foreign Service Officers.
3 FAM 2216.2 Entry Level Foreign
Service Officer Career Candidate Appointments
3 FAM 2216.2-1 General
Considerations
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
a. Authority: Pursuant to
sections 302 and 306 of the Foreign Service Act of 1980 (hereafter referred to
as the Act), all Foreign Service Officers must be appointed by the President,
by and with the advice and consent of the Senate. All appointments must be
made to a class and not to a particular post. No person should be eligible for
appointment as a Foreign Service Officer unless that person is a citizen of the
United States. Such appointment is initially to career candidate status
pursuant to section 309 of the Act with subsequent commissioning to career
status governed by the provisions of 3 FAM 2240.
b. Veterans' preference:
Pursuant to section 301 of the Act, the fact that an applicant is a veteran or
disabled veteran, as defined in section 2108 of Title 5, must be considered as
an affirmative factor in the selection of candidates for appointment as Foreign
Service Officer career candidates.
c. 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
converted to career Foreign Service Officer status. Those who are not granted
tenure prior to the expiration of their career candidate appointments will be
separated from the Foreign Service no later than the expiration date of their
appointments. 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 under section 310 of the Act.
3 FAM 2216.2-2 Foreign Service
Officer Test
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Applicants)
The following regulations apply to the written test:
(1) Purpose: The Foreign
Service Officer Test is designed to enable the Board of Examiners of 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
Foreign Service Officer Test, 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 an application with the Board. To be designated to take the
Foreign Service Officer Test, 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
Foreign Service Officer Test will be given periodically, in designated cities
in the United States and at selected Foreign Service posts, on dates established
by the Board of Examiners and publicly announced; and
(4) Scoring: The several
parts of the test will be weighted and scored according to standards
established by the Board of Examiners. The number of candidates who pass each
test will be governed by the projected hiring needs of the Foreign Service.
The Board of Examiners may adjust the passing score of the Foreign Service
Officer Test to reflect the projected hiring needs of the Foreign Service.
3 FAM 2216.2-3 Qualifications
Evaluation Panel
3 FAM 2216.2-3(A) Purpose
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
The Qualifications Evaluation Panel is designed to enable
the Board of Examiners for the Foreign Service to review each candidates file
and evaluate it against established precepts of successful Foreign Service
Officer performance. The Panel rank orders candidates within each career
track.
3 FAM 2216.2-3(B) Eligibility
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
Candidates whose score on the Foreign Service Officer Test
is at or above the passing level set by the Board of Examiners will be asked 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.
3 FAM 2216.2-3(C) When
Administered
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
The Board of Examiners of the Foreign Service holds one
session of the Qualifications Evaluation Panels following each Foreign Service
Officer Test.
3 FAM 2216.2-3(D) Evaluation
Panel
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
Qualifications Evaluation Panels are career track specific
and will be staffed by panelists approved by the Staff Director of the Board of
Examiners from a roster of qualified active duty and retired Foreign Service
Officers. Panels should be chaired, to the degree possible, by a career
Officer of the Foreign Service who is preferably an Officer in that career
track. Determinations of duly constituted panels are final.
3 FAM 2216.2-3(E) Scoring
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Applicants)
a. Candidate files will be scored numerically 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 Staff Director will be
continued. The candidacy of anyone whose score is below the passing level will
be terminated and may not be considered again until the candidate has passed a
new Foreign Service Officer Test. The Staff Director sets the passing score
for each Qualifications Evaluation Panel based on the projected hiring needs of
the Foreign Service. All candidates exempt from the Foreign Service Officer
Test, except Mustang applicants (see 2216.2-4(B)(b)), are also exempt from
review by the Qualifications Evaluation Panel.
b. The Board of Examiners may authorize special
consideration to be given in the Qualifications Evaluation Panel review of
candidates, e.g., demonstrating language ability, which the Board may approve
and publicly announce.
3 FAM 2216.2-4 Foreign Service
Officer Oral Assessment (FSOA)
3 FAM 2216.2-4(A) Purpose
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
The oral assessment is designed to enable the Board of
Examiners of 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 oral assessment for the Entry Level Foreign Service
Career Candidate Program will consist of an assessment procedure publicly
announced by the Board of Examiners and hereinafter referred to as the oral
assessment (FSOA).
3 FAM 2216.2-4(B) Eligibility
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees and Applicants)
a. Through the Foreign Service Officer Test and
Qualifications Evaluation Panel (QEP) review:
(1) Candidates who pass the Foreign Service Officer
Test and whose score on the Qualifications Evaluation Panel review is at or
above the passing level set by the Staff Director of the Board of Examiners (or
his or her designee) will be invited to take the oral assessment;
(2) Candidates who are selected to take the oral
assessment will be notified of the window of time after the Qualifications
Evaluation Panel review, as determined by the Board of Examiners, within which
the candidate should take the oral assessment. Candidates may schedule outside
the designated window but must schedule within 12 months of receiving their
invitation unless they have received an extension of time. Candidates may
request an extension of up to an additional 12 months to take their oral
assessment. Active duty military have unrestricted time to take an Oral
Assessment if they notify the Board of Examiners of their active duty status;
(3) Failure to take the oral assessment within 12
months of the invitation to an oral assessment will result in the cancellation
of the candidacy, unless the candidate has requested and obtained an extension
of eligibility, as noted above;
(4) The candidacy of anyone for whom the scheduling
period is extended by the Board because of being abroad will be terminated
automatically if the candidate fails to appear for the oral assessment within 3
months after first returning to the United States; and
(5) If a candidate fails to appear for the oral
assessment on an agreed date within the period of eligibility, the candidacy
will automatically be terminated. Requests to reschedule will be considered on
a case-by-case basis to be decided by the HR/REE Director or his/her designee.
b. Through the Mustang Program:
(1) 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 Department may be
selected by the Board of Examiners for admission to the oral assessment for
entry-level officers under the Mustang Program of the Department. Candidates
for the Mustang Program must:
(a) Have a bachelor's or advanced degree relevant to the
functions of the Foreign Service or take the Foreign Service Officer Test
(FSOT) and obtain a passing score;
(b) Complete an approved Foreign Service Institute,
university or correspondence course comparable in difficulty and duration to
one college semester and related to the general functional cone that the
candidate wishes to enter. The degree required in paragraph (1) can also
fulfill this requirement if applicable to the selected career track;
(c) Submit the required Personal Narratives Questions of
up to 250 words each, addressing the candidates substantive knowledge and
intellectual, interpersonal, communication, management and leadership skills;
(d) Sign an agreement on provisions to attain tenure;
and
(e) Be recommended by a Qualifications Evaluation Panel
of the Board of Examiners for the oral assessment.
(f) As with all applicants who pass the oral
assessment, Mustang applicants are subject to suitability review (provisions of
3 FAM 2215
apply) and must successfully update or obtain security and medical clearances.
c. Through a Mid-Level Conversion Program:
Employees of the Department of State in class GS-13 and above are
eligible to apply to enter the Foreign Service through a mid-level conversion
program (see 3
FAM 2216.3).
d. Through Other Programs:
(1) Under programs established pursuant to Section 105
(d)(1) of the Foreign Service Act of 1980, which address diversity within the
Foreign Service; and
(2) Under any other special entry programs created by
the Department to meet specific needs of the Foreign Service.
3 FAM 2216.2-4(C) When and
Where Given
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
The oral assessment will be held intermittently in
Washington, DC, and may also be held in other selected cities in the United
States or abroad as necessary.
3 FAM 2216.2-4(D) Evaluation
Panel
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees and Applicants)
a. The oral assessment will be given by a panel of
assessors approved by the Board of Examiners from a roster of active duty and
retired Foreign Service officers.
b. Service as an assessor must be limited to a maximum
of five years unless a further period is specifically authorized by the Board.
Normally assessment panels must 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.
3 FAM 2216.2-4(E) Scoring
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Candidates taking the oral assessment will be scored
numerically according to standards established and publicly announced 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.
3 FAM 2216.2-5 Background
Investigation
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Candidates who pass the oral assessment 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.
3 FAM 2216.2-6 Medical
Examination
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Candidates who pass the oral assessment and receive a
conditional offer of employment must undergo a medical examination. Relevant
provisions of 16
FAM 210 (Medical Clearances) apply.
3 FAM 2216.2-7 Final Review
Panel
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
After the medical examination clearance has been issued
and the background investigation is received, the candidates entire file
(minus the medical records) will be reviewed and evaluated by a Final Review
Panel to determine the candidates suitability for the Foreign Service. All
provisions of 3
FAM 2215 - Suitability Review apply. DS will re-submit applicants to the
qualifications panel if they are found to have falsified information on their
application or are found to have disqualifying factors.
3 FAM 2216.2-8 Certification for
Appointment
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to Foreign Service Employees and Applicants)
a. Eligibility:
(1) 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;
(2) 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, before reaching the mandatory retirement age of 65 as
prescribed by the Act.
(3) A candidate may be certified as eligible for
direct appointment to classes FS-6, FS-5, or FS-4 based on established
criteria; and
(4) Employees who receive a career-conditional
appointment, i.e., who are untenured, have five years 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 candidate denied tenure under 3 FAM 2250 may
not be reappointed as a career candidate to become a generalist.
b. Functional rank-order registers:
The Board of Examiners maintain separate rank-order registers for career
candidates in consular, economic, management, public diplomacy and political
functions within the Department of State. Appointments from each functional
register will be made in rank order according to hiring needs.
c. Special programs: Mustang
career candidates who are career employees of the Department of State will be
certified by the Board of Examiners for direct appointment on an individual
basis after satisfactorily completing all aspects of the assessment process.
d. Foreign language requirement:
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 converted to career Foreign Service Officer status unless,
within a specified period of time, adequate proficiency in a foreign language
is achieved.
3 FAM 2216.2-9 Termination of
Eligibility
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
a. Time limit: Candidates who
have qualified but who 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 two years of such service), including Peace Corps
volunteer service, or active regular or reserve military service (no maximum
established), will not be counted as part of the 18-month eligibility period.
b. Extension: The Board of
Examiners may extend the eligibility period when such extension is, in its
judgment, justified in the interest of the Foreign Service.
3 FAM 2216.2-10 Travel Expenses
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Employees and Applicants)
Travel and other personal expenses incurred by candidates
to take the Foreign Service Officer Test and oral assessment will generally not
be borne by the U.S. Government.
3 FAM 2216.3 Mid-Level Foreign
Service Officer Career Candidate Appointments to Generalist Skills Codes
3 FAM 2216.3-1 General
Considerations
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to State Department Civil Service Employees and Foreign Service
Specialist Employees)
a. The Department of State may supplement the Entry
Level Foreign Service Officer Career Candidate Program through a Mid-Level
Entry Program, designed to meet staffing requirements at the mid-level.
b. This section governs appointments to generalist
occupational categories (that is, consular, economic, management, political and
public diplomacy skill codes) at classes FS-3, FS-2, or FS-1. All appointments
above FS-1, regardless of occupational category, are governed by 3 FAM 2217.
Appointments to specialist occupational categories below the Senior Foreign
Service are governed by 3 FAM 2218.
c. This section does not cover conversion within the
Department of State to Foreign Service which is addressed in 3 FAM 2216.3-2
Mid-Level Conversion.
d. Criteria: Eligibility requirements, selection
criteria, and process for a Mid-Level Entry Program will be determined by the
Director General, based on the needs of the service and guidance provided by the
staff of the Board of Examiners, and HR/CDA, as necessary. Any program
developed under this authority would be vetted with concerned parties,
including AFSA. Successful applicants under a Mid-Level Entry Program will be
subject to the same medical, security, suitability and tenuring requirements as
entry-level officers (see 3 FAM 2216.2).
3 FAM 2216.3-2 Mid-Level
Conversion
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to State Department Civil Service Employees and Foreign Service
Specialist Employees)
a. Purpose: The HR/REE administered assessment is
designed to enable the Board of Examiners to determine a candidates aptitude
for the work of the Foreign Service at the mid-level cone and grade for which
he or she has applied, and his or her potential to be promoted and succeed over
a normal career span.
b. When and where given: The assessment for mid-level
candidates will normally be offered only in Washington, DC, at specified
periods during the year. At the discretion of the Board of Examiners, it may
be given in other U.S. cities selected by HR/REE, or abroad when necessary for
candidates serving overseas in Department of State positions.
c. Assessment procedures:
(1) The Board of Examiners (BEX) will convene panels
to review completed conversion applications, determine those recommended for
conversion, and provide a rank ordered list of all individuals competing for
designated positions. The panels will include two BEX assessors and, when
possible, a member from the affected skill code who is at least one rank higher
than the position where the conversion opportunity exists;
(2) The BEX panels consider the applications for
positions in each particular skill code, including:
(a) The complete file forwarded by HR/CDA;
(b) Personal narratives, written in a proctored setting,
that enable candidates to discuss their experience and qualifications, linked
to the Foreign Service promotion precepts; and
(c) A one-hour interview designed to assess oral
communication skills, and ability in the other precept skills, as well as the
candidates relevant experience.
(3) Using criteria based on the Foreign Service
mid-level promotion precepts, the panels will score each component of the
assessment (performance file, writing exercise, and interview) and combine them
to produce a total score that will be used to determine those recommended for
conversion and their rank order for each conversion opportunity. Once placed
on a register, candidates will be permitted to stay on the register for one
subsequent skill code conversion season, thereby allowing them the choice of
competing again during the following cycle should they not be offered
conversion during the first year. They will also be permitted to apply again
should they wish to attempt to increase their score and consequently their
relative ranking on the register. Those candidates who pass the BEX assessment
and are placed on the register, but are not subsequently offered conversion
will be notified by CDA. BEX will inform those candidates not recommended for
conversion based on the evaluation process described above;
(4) BEX will submit the rank ordered lists of those
recommended for conversion to the Skill Code Change/Conversion Coordinator in
HR/CDA. Based on the number of opportunities at each skill code and grade
recommended by HR/RMA and approved by the director General, HR/CDA will
determine who may be offered the opportunity to convert. HR/CDA will recommend
those individuals to the Director General for approval for conversion;
(5) Background investigation:
Mid-level applicants who pass the conversion assessment may need an additional
background investigation in order to maintain their candidacies for possible
appointment;
(6) Medical examination:
Mid-level civil service candidates who pass the conversion assessment and
receive a conditional offer of employment must undergo a medical examination.
Relevant provisions of 16 FAM 210
(Medical Clearances) apply;
(7) Final Review Panel: After
the medical examination clearance has been issued and the background
investigation is received, a civil service candidates entire file (minus the
medical records) will be reviewed and evaluated by a Final Review Panel to
determine the candidates suitability for the Foreign Service. All provisions
of 3 FAM 2215
- Suitability Review apply. DS will re-submit applicants to the
qualifications panel if they are found to have falsified information on their
application or are found to have disqualifying factors; and
(8) Appointment offers for mid-level career candidates:
HR/REE must offer candidates, approved by the final suitability review board,
appointments as career candidate mid-level officers based on Department hiring
needs according to the rank-ordered list of eligible hires.
3 FAM 2216.4 Limited Non-Career Appointments
(CT:PER-772; 06-15-2015)
(State Only)
(Applies to State Department Foreign Service Employees and Applicants)
a. Consistent with
Section 303 of the Foreign Service 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 Foreign Service Act (22 U.S.C.
3949), such appointments may include limited non-career appointments (LNAs).
After meeting the job specific requirements, candidates must meet the same
medical, security, and suitability requirements as all other candidates.
b. Limited
non-career appointments are covered under 3 FAM 2290.
3 FAM 2217 SENIOR FOREIGN SERVICE
OFFICER CAREER CANDIDATE APPOINTMENTS
3 FAM 2217.1 General Considerations
(CT:PER-772; 06-15-2015)
(Applies to Foreign Service Employees and Applicants)
a. Authority: Career officers
at the senior level normally must be appointed as the result of promotion of
mid-level career officers. Where the needs of the Foreign Service at the
senior-level cannot otherwise be met by this approach, a set number of
appointments, as determined by the Director General based on a recommendation
from Resource Management and Organization Analysis (HR/RMA), may be granted to
applicants as senior career candidates, but qualified by sections 305(b). As
required by section 305(b) of the Foreign Service Act of 1980, the appointment
of an individual in the Senior Foreign Service must not cause the number of
members of the Senior Foreign Service serving under those appointments to
exceed 5 percent of the total members of the Senior Foreign Service.
b. Duration: Successful
applicants under the senior-level career candidate program will receive a
career candidate appointment for a period not to exceed five years. Such
limited career candidate appointments may not be renewed or extended beyond 5
years.
c. Separated Candidates:
Under section 306 of the Act, senior career candidates may be found qualified
to become career members of the Senior Foreign Service. Those who are not
found to be so qualified before the expiration of their limited appointments
will be separated from the Foreign Service no later than the expiration date of
their appointments. 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 under section 310 of the Foreign
Service Act.
d. Criteria: Eligibility
requirements, selection criteria, and process for a Senior-Level Entry Program
will be determined by the Director General, based on the needs of the Foreign
Service and guidance provided by the staff of the Board of Examiners, and
HR/CDA, as necessary. Any program developed under this authority would be
vetted with concerned parties, including AFSA. Successful applicants under a
Senior-Level Entry Program will be subject to the same medical, security,
suitability and tenuring requirements as entry-level officers (see 3 FAM 2216.2).
e. The following regulations must be utilized in
conjunction with 3
FAM 2260, The Senior Foreign Service Officer Career Candidate Program.
3 FAM 2217.2 Senior-Level Career
Candidate Appointments
3 FAM 2217.2-1 Eligibility
Requirements
(CT:PER-772; 06-15-2015)
(Applies to Foreign Service Employees and Applicants)
Senior career candidates must meet the following
eligibility requirements:
(1) Citizenship: Each person
appointed as a senior career candidate must be a citizen of the United States.
(2) Age: Except for
preference eligible individuals, all 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.
(3) Service: Any Senior-Level
Entry Program may establish professional work experience and the job
relatedness of the candidates knowledge, skills and abilities as part of the
selection criteria.
3 FAM 2218 FOREIGN SERVICE SPECIALIST
APPOINTMENTS
3 FAM 2218.1 General
Considerations
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
a. This section governs the appointment by the
Department of State of Foreign Service specialist career candidates to classes
FS-1 and below. Specialist candidates comprise all candidates for career
appointment in all occupational categories other than generalist categories
(that is, management, consular, economic, public diplomacy and political), who
are governed by the regulations respecting Foreign Service Officer career
candidates (see 3
FAM 2216). The appointment of all senior Foreign Service career candidates
regardless of occupational category is governed by 3 FAM 2217.
Regulations governing tenuring of specialist candidates are found in 3 FAM 2250.
b. Veterans' preference must apply to the selection and
appointment of Foreign Service specialist career candidates.
3 FAM 2218.2 Specialist Career
Candidate Appointments
3 FAM 2218.2-1 Certification of
Need
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
a. Candidates for appointment as specialist career
candidates must be available for worldwide service and must have a professional
or a functional skill for which there is a continuing need in the Foreign
Service. No applicant should be appointed for which there is no certified need
established at a specific grade level. Either the Director General can
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 grade.
b. 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 occupational
category.
3 FAM 2218.2-2 Eligibility
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
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 must 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 this program is based on the requirement that all
career candidates must be able to:
(1) Complete at least two full tours of duty,
exclusive of orientation and training;
(2) Complete the requisite eligibility period for
tenure consideration; and
(3) Complete the requisite eligibility period to
receive retirement benefits, prior to reaching the mandatory retirement age of
65 prescribed by the Act.
3 FAM 2218.2-3 Screening
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
a. Specialist career candidates will be screened
initially on the basis of education and experience.
b. Based on a job analysis the Board of Examiners, in
coordination with any bureau responsible for the specialty, will identify
and/or approve the knowledge, skills, abilities required to perform
successfully the tasks and duties of Foreign Service specialists in each
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.
3 FAM 2218.2-4 Oral Assessment
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
Candidates are selected for an oral assessment through an
initial screening process. The oral assessment will be given by a panel of
assessors, at least one of whom will be proficient in the Foreign Service
functional field for which the candidate is being tested. The examination may
include a writing assessment. Candidates taking the oral assessment will be
graded 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 year anniversary date of the original application.
3 FAM 2218.2-5 Background
Investigation
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
As with officer candidates, specialist candidates who pass
the oral assessment 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 2216.2-5
Background Investigation).
3 FAM 2218.2-6 Medical
Examination
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
Candidates who pass the oral assessment, and receive a
conditional offer of employment must undergo a medical examination. Relevant
provisions of 16
FAM 210 (Medical Clearances) apply.
3 FAM 2218.2-7 Final Review
Panel
(CT:PER-711; 10-04-2013)
(State Only)
(Applies to Foreign Service Applicants)
After the medical examination clearance has been issued
and the background investigation is received, the candidates entire file
(minus the medical records) will be reviewed and evaluated by a Final Review
Panel to determine the candidates suitability for the Foreign Service. All
provisions of 3
FAM 2215 - Suitability Review apply. DS will re-submit applicants to the
qualification panel if they are found to have falsified information on their
application or are found to have disqualifying factors.
3 FAM 2219 Unassigned