[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Rules and Regulations]
[Pages 46108-46109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17585]


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DEPARTMENT OF STATE

22 CFR Part 11

[Public Notice 4065]
RIN 1400-AB-42


Waivers of the Worldwide Availability Requirement for Foreign 
Service Candidates

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This Final Rule amends the regulations on the appointment of 
Foreign Service Officers to allow the Director General (DG) of the 
Foreign Service, or the Director General's delegatee, to review the 
case of a Department of State Foreign Service candidate who has been 
denied an unlimited medical clearance for assignment worldwide to 
determine whether or not it is in the best interest of the Service to 
appoint the candidate despite the medical disqualification. This 
decision, as to whether or not to grant a waiver of the Foreign Service 
worldwide availability requirement, was previously made by a committee 
created solely for that purpose. The shifting of this decision to the 
Director General, or the Director General's delegatee, in no way alters 
the rights or interests of any parties, nor does it alter the 
substantive criteria by which a decision whether or not to waive the 
worldwide availability requirement will be made. As with the 
committee's decisions at present, the decisions of the Director 
General, or the Director General's delegatee, will be final and will 
not be subject to further appeal.
    In addition, while candidates must still be medically cleared for 
full overseas duty, the Department of State no longer considers the 
medical condition of eligible family members for pre-employment 
purposes. References to previous practices in this regard are therefore 
being removed as are references to the procedures of the former United 
States Information Agency.

DATES: This rule is effective August 12, 2002.

FOR FURTHER INFORMATION CONTACT: Elizabeth Amory, Office of the Legal 
Adviser, 202-647-4646.

[[Page 46109]]


SUPPLEMENTARY INFORMATION: When requested and authorized by the 
candidate, the Director General of the Foreign Service, or the Director 
General's delegatee, will review the case of any Department of State 
Foreign Service candidate who has been denied an unlimited medical 
clearance for assignment worldwide and will determine whether or not it 
is in the best interest of the Service to appoint the candidate despite 
the medical disqualification. This decision, as to whether or not to 
grant a waiver of the Foreign Service worldwide availability 
requirement, was previously made by a committee established solely for 
that purpose. The shifting of responsibility for this decision to the 
Director General, or the Director General's delegatee, is being made in 
appreciation of the magnitude of such decisions for the Service and as 
part of a general effort to increase the efficiency and transparency of 
the Foreign Service appointment process. This change in no way alters 
the rights or interests of any parties nor does it alter the 
substantive criteria by which a decision whether or not to waive the 
worldwide availability requirement will be made. As with the 
committee's decisions, the decisions of the Director General, or the 
Director General's delegatee, are final and are not subject to further 
appeal.
    In addition, while candidates must still be medically cleared for 
full overseas duty, the Department of State no longer considers the 
medical condition of eligible family members for pre-employment 
purposes. References in 22 CFR Sec. 11.1 (e)(4) to previous practices 
in this regard are hereby removed and the citation to the Foreign 
Affairs Manual has been updated. It should be noted, however, that the 
Department still requires medical clearances for family members before 
they can travel overseas to accompany an employee on assignment at US 
Government expense. Finally, references in 22 CFR Part Sec. 11.1(e)(5) 
to the procedures of the former United States Information Agency are 
hereby removed pursuant to the Foreign Affairs Reform and Restructuring 
Act of 1998.

List of Subjects in 22 CFR Part 11

    Foreign Service.


    As stated in the preamble, the Department of State amends 22 CFR 
part 11 as follows:

PART 11--APPOINTMENT OF FOREIGN SERVICE OFFICERS

    1. The authority citation for part 11 is revised to read as 
follows:

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

    2. Amend Sec. 11.1 to revise paragraphs (e)(4) and (5) and the 
second sentence in paragraph (f) as follows:


Sec. 11.1  Junior Foreign Service officer career candidate 
appointments.

* * * * *
    (e) * * *
    (4) Determination. The Medical Director of the Department of State 
will determine, on the basis of the report of the physician(s) who 
conducted the medical examination, whether the candidate has met the 
required medical standards for appointment (see section 1930, Volume 3, 
Foreign Affairs Manual).
    (5) Waiver of worldwide availability requirement. When authorized 
and requested by the candidate, the Director General of the Foreign 
Service, or the Director General's delegatee, will review the case of 
any Department of State Foreign Service candidate who has been denied 
an unlimited medical clearance for assignment worldwide, and determine 
whether or not the candidate should be appointed despite the medical 
disqualification. Decisions of the Director General of the Foreign 
Service, or the Director General's delegatee, are final and are not 
subject to further appeal by the candidate.
    (f) * * * Candidates who have completed the examination process; 
have passed their medical examination, or have obtained a waiver from 
the Director General of the Foreign Service, or his or her delegatee, 
or the equivalent in accordance with the procedures of the other 
participating agencies; and on the basis of their background 
investigation, have been found suitable to represent the United States 
abroad, will have their names placed on the functional rank-order 
register(s), or a special register, for the agency or agencies for 
which they have been found qualified. * * *
* * * * *

Grant S. Green, Jr.,
Under Secretary for Management, Department of State.
[FR Doc. 02-17585 Filed 7-11-02; 8:45 am]
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