[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR11.11]

[Page 72-77]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 11--APPOINTMENT OF FOREIGN SERVICE OFFICERS--Table of Contents
 
Sec. 11.11  Mid-level Foreign Service officer career candidate appointments.

    (a) General considerations--(1) Authority. Pursuant to sections 302 
and 306 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

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Foreign Service officer unless that person is a citizen of the United 
States. Such appointment is initially to career candidate status, with 
subsequent commissioning to career status governed by Volume 3 
(Personnel), Foreign Affairs Manual section 570.
    (2) Veterans' preference. Pursuant to section 301 of the Act, and 
notwithstanding the provisions of section 3320 of title 5 of the United 
States Code, the fact that an applicant is a veteran or disabled 
veteran, as defined in section 2108(3A), (3B), and (3C) of such title, 
shall be considered as an affirmative factor in the selection of 
candidates for appointment as Foreign Service officer career candidates 
(22 U.S.C. 1234).
    (3) Purpose and policy. The Mid-Level Career Candidate Program of 
the Department of State supplements the Junior Foreign Service Officer 
Career Candidate Program to meet total requirements for Foreign Service 
officers at the mid-level. The purposes of the Mid-Level Program are: 
(i) To provide expanded opportunities and upward mobility for 
outstanding members of the Foreign Service with high potential who have 
been serving with particular success in other occupational categories; 
(ii) to permit the recruitment of a limited number of highly skilled and 
qualified personnel from outside the Foreign Service to meet specific 
needs which cannot be met from within the career Service; and (iii) to 
assist in meeting the Affirmative Action goals of the Department of 
State. This section governs appointments to generalist occupational 
categories (that is, administrative, consular, economic and political) 
at classes FS-3, 2, or 1. All appointments above FS-1, regardless of 
occupational category, are govern by Sec. 11.30 (to be supplied). 
Appointments to Specialist occupational categories below the Senior 
Foreign Service are governed by Sec. 11.20. Successful applicants under 
the Mid-Level Program will be appointed to career candidate status 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 Career Candidate Program no later than the expiration 
date of their appointments. As provided in section 310 of the Act, such 
separated candidates who had originally been employed by the Department 
of State with the consent of the head of their agency shall be entitled 
to reemployment rights in their former agency under section 3597 of 
title 5, United States Code.
    (4) Sources of candidates--(i) Department. The great majority of 
mid-level entrants will be career employees of the Department of State 
and the Foreign Service of proven ability who possess high potential for 
advancement. On the basis of the needs of the Foreign Service, the 
Department will approve the mid-level appointment of Foreign Service and 
Civil Service personnel on its rolls who apply, for whom the Bureau of 
Personnel issues a certificate of need, and who are found qualified by 
the Board of Examiners for the Foreign Service.
    (ii) Other Federal Government agencies. Personnel with similar 
qualifications from other Federal Government agencies may also apply for 
the Mid-Level Program based on agreements between the Department and 
those agencies.
    (iii) Other. Other candidates may be drawn from non-Government 
sources, including minority and women applicants for the Department's 
Mid-Level Affirmative Action Program.
    (b) Eligibility requirements--(1) Citizenship. Each person appointed 
as a Foreign Service mid-level career candidate must be a citizen of the 
United States.
    (2) Service. (i) On the date of application, a candidate must have 
completed a minimum of 9 years of professional work experience, 
including at least 3 years of service in a position of responsibility in 
a Federal Government agency or agencies. For this purpose, a position of 
responsibility is defined as one in the Foreign Service at class FS-5, 
in the Civil Service at GS-9, or in the Armed Forces as first lieutenant 
or lieutenant junior grade, or higher. Academic studies, particularly 
those related to Foreign Service work, may be substituted for part of 
the required experience. The duties and responsibilities of the position 
occupied by the candidate must have been similar to or

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closely related to that of a Foreign Service officer in terms of 
knowledge, skills, abilities, and overseas work experience. In addition, 
a candidate must currently be in, or have been in, a grade or class 
comparable to FS-4 or higher.
    (ii) Candidates from outside the Department who at the time of 
application lack 3 years of service in a position of responsibility as 
defined in the preceding paragraph may, however, be considered if they 
are found to possess a combination of educational background, 
employment, experience, and skills needed by the Foreign Service at the 
mid-level.
    (3) Age. All career candidate appointments shall be made before the 
candidate's 60th birthday. The maximum age for appointment under this 
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.
    (4) Certification of need. Before the Board of Examiners may process 
a candidacy, the Director General of the Foreign Service must certify 
that there is a continuing, long-term requirement, consistent with the 
projections of personnel flows and needs mandated by section 601(c)(2) 
of the Act, for a combination of professional work experience, 
educational background, skills, and capabilities possessed by the 
applicant which cannot reasonably be met from within the ranks of the 
career service, including by special training of career personnel and/or 
limited appointments pending completion of such training, if feasible. 
No applicant may be appointed in an occupational category or at a class 
level for which the Director General has not certified a need. Such 
certifications shall take into full account the latest published skills 
resources inventory and shall be based on a written assessment of the 
assignment and promotion effects on career members of the Foreign 
Service. A separate certification of need is not required for applicants 
under the Mid-Level Affirmative Action Program, as the hiring goals 
established by the Secretary constitute the certification for applicants 
under that Program. The exclusive employee representative will be 
advised promptly in writing on request of the number, nature, and dates 
of the certifications of need issued since the last request, including a 
affirmation that each such issuance has been in accordance with the 
requirements of this section.
    (c) Recruitment--(1) From within the Department. It is the 
Department's policy to encourage eligible personnel on its rolls to 
apply for appointment as Mid-Level Foreign Service officer career 
candidates including, in particular, the following categories: (i) 
Members of the Foreign Service whose performance has been consistently 
of a high caliber, and whose background, experience, and general 
qualifications indicate that they can compete favorably with Foreign 
Service officers; and (ii) Civil Service personnel who are serving in 
positions to which Foreign Service officers are normally assigned, who 
have superior records, and whose general qualifications indicate that 
they can compete favorably with Foreign Service officers.
    (2) Other. The Department also encourages highly qualified 
applicants from other agencies of the Federal Government, and from 
outside the Federal Government, who meet the statutory and other 
eligibility requirements, to apply for the Mid-Level Program. 
Appointments from these sources for available openngs are made on a 
highly competitive basis to fill specific needs of the Foreign Service 
at the Mid-Level.
    (d) Methods of application--(1) Forms. Application is made for a 
Mid-Level Foreign Service officer career candidate appointment but not 
for a specific class. Applicants for mid-level entry must complete 
Standard Form 171, ``Personnel Qualifications Statement,'' and Form DSP-
34, ``Supplement to Application for Federal Employment,'' and forward 
them, together with an autobiography not exceeding four typewritten 
pages in length, to the Board of Examiners for the Foreign Service for 
consideration.

[[Page 75]]

    (2) Qualifications evaluation panel. The Board of Examiners 
establishes a file for each applicant, placing in it all available 
documentation of value in evaluating the applicant's potential for 
service as a Foreign Service officer. A Qualifications Evaluation Panel 
of deputy examiners of the Board of Examiners reviews the file to 
determine whether the applicant meets the statutory and other 
eligibility requirements, to assess the applicant's skills relative to 
the needs of the Foreign Service, and to recommend whether the applicant 
should be examined for possible appointment under the Mid-Level Program.
    (e) Examination for mid-level appointment. The submission of an 
application to the Board of Examiners does not in itself entitle an 
applicant to examination. The decision whether to proceed with an 
examination will be made by the Board of Examiners after a thorough 
review of the candidate's qualifications and a determination of 
eligibility for appointment following receipt of a certification of need 
for that candidate.
    (1) Purpose. The mid-level examination is designed to enable the 
Board of Examiners to determine a candidate's aptitude for the work of 
the Foreign Service at the mid-level and fitness for a Foreign Service 
career.
    (2) Class. In determining the Foreign Service officer class for 
which a candidate will be examined, the Board of Examiner's presumption 
will be for the class which is equivalent to the candidate's current 
salary level. In evaluating qualifications and in conducting 
examinations, the Board of Examiners will determine whether the 
candidate's qualifications compare favorably with Foreign Service 
officers at the candidate's current salary level. However, the Board of 
Examiners, at its discretion, may certify a candidate for appointment as 
a career candidate at a class other than that equivalent to current 
salary level in those instances where the Board determines that the 
candidate's qualifications clearly warrant such action.
    (3) Written examination. A written examination will not normally be 
required of candidates for mid-level appointment. However, if the volume 
of applications for a given class or classes, or a particular functional 
specialty, is such as to make it infeasible to examine all candidates 
orally within a reasonable time, such candidates may be required to take 
an appropriate written examination prescribed by the Board of Examiners. 
Candidates whose score on the written examination is at or above the 
passing level set by the Board of Examiners will be eligible for 
selection for the oral examination.
    (4) Oral examination--(i) Purpose. The oral examination will be 
designed to enable the Board of Examiners to determine whether 
candidates are functionally qualified for work in the Foreign Service at 
the mid-level, whether they have the potential to advance in the Foreign 
Service, and whether they have the background and experience to make a 
contribution to the Foreign Service.
    (ii) When and where given. The oral examination is individually 
scheduled throughout the year and is normally given in Washington, DC. 
At the discretion of the Board of Examiners, it may be given in other 
American cities, or at Foreign Service posts, selected by the Board.
    (iii) Examining panel. Candidates recommended by a Qualifications 
Evaluation Panel for examination will be given an oral examination by a 
panel of deputy examiners of the Board of Examiners. That panels shall 
include at least one officer from the functional or professional 
specialty for which the candidate is being examined. Examining panels 
shall be chaired by a career officer of the Foreign Service. 
Determinations of duly constituted panels of deputy examiners are final 
unless modified by specific action of the Board of Examiners.
    (iv) Content. The Examining Panel will question the candidate 
regarding the indicated functional or professional specialty; knowledge 
of American history, government, and other features of American culture; 
familiarity with current events and international affairs; and other 
matters relevant to the candidate's qualifications for appointment.

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    (v) Grading. Candidates taking the oral examination will be graded 
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 Board will be continued. The candidacy of 
anyone whose score is below the passing level will be terminated and may 
not be considered again until 1 year after that date.
    (5) Written essay. Candidates who take the oral examination will be 
asked to write an essay during the examination day, on a topic related 
to Foreign Service work, to enable the Board of Examiners to measure the 
candidate's effectiveness of written expression.
    (6) Other exercises. Candidates who take the oral examination also 
may be asked to complete other exercises during the examination day, to 
enable the Board of Examiners to measure additional aspects of 
performance related to Foreign Service work at the mid-level.
    (7) Background investigation. Candidates who pass the oral 
examination will be eligible for selection for the background 
investigation. The background investigation shall be conducted to 
determine suitability for appointment to the Foreign Service.
    (8) Medical examination. Candidates who pass the oral examination, 
and their dependents, will be eligible for selection for the medical 
examination. The medical examination shall be conducted to determine the 
candidate's physical fitness to perform the duties of a Foreign Service 
officer on a world-wide basis and, for candidates and dependents, to 
determine the presence of any physical, neurological, or mental 
condition of such a nature as to make it unlikely that they would be 
able to function on a world-wide basis.
    (9) Final review panel. The entire file of candidates who pass the 
oral examination will be reviewed and graded by a Final Review Panel, 
consisting of two or more deputy examiners of the Board of Examiners, 
after the results of the background investigation and the medical 
examination are received. The Final Review Panel will take into account 
the grade assigned by the oral Examining Panel, as well as all other 
available information concerning the candidate, and decide whether or 
not to recommend the candidate for appointment. The candidate's file 
will then be submitted to the Board of Examiners for approval. If 
approved by the Board, the candidate's name will be entered on the rank-
order register for the class and functional specialty for which the 
candidate has been found qualified. The candidacy of anyone who is not 
recommended for appointment by the Final Review Panel shall be 
terminated and the candidate so informed.
    (10) Foreign language requirement. All candidates who pass the oral 
examination will be required to take a subsequent test to measure their 
fluency in foreign languages or their aptitude for learning them. A 
candidate may be appointed 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. For 
limitations on promotions see Volume 3 (Personnel), Foreign Affairs 
Manual, section 874.
    (11) Certification for appointment--(i) Departmental employees. A 
candidate who is a career employee of the Department, for whom a 
certification of need has been issued, will be certified by the Board of 
Examiners for appointment after satisfactorily completing all aspects of 
the examination process. The appointment certification will specify the 
class and salary for which the candidate has been found qualified.
    (ii) Others. Other successful candidates will, after being approved 
by the board of Examiners, have their names placed on the rank-order 
register for the class and functional specialty for which they have been 
found qualified. A separate rank-order register may be established for 
candidates under the Mid-Level Affirmative Action Program. Appointments 
to available openings will be made from the registers in rank-order 
according to the needs of the Foreign Service.
    (12) Termination of eligibility. Candidates who have qualified but 
have not been appointed because of lack of openings will be removed from 
the

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rank-order register 18 months after the date of placement on the rank-
order register. The Board of Examiners may extend the eligibility period 
when such extension is, in its judgment, justified in the interests of 
the Foreign Service.

(Secs. 206(a) and 301(b), Foreign Service Act of 1980 (secs. 206(a) and 
301(b), Pub. L. 96-465, 94 Stat. 2079 and 2083 (22 U.S.C. 3926 and 
3941)))

[48 FR 19702, May 2, 1983]