3 FAM 7000
OVERSEAs employment
3 FAM 7100
GENERAL
3 FAM 7110
INTRODUCTION
(CT:PER-917; 08-20-2018)
(Office of Origin: HR/OE)
3 FAM 7111 SCOPE
(CT:PER-635; 03-01-2011)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
a. The Bureau of Human Resources, Office of Overseas
Employment (HR/OE), under the authority established in 1 FAM 235.5 is
responsible for developing and administering the policies, regulations,
procedures and guidelines used to manage the Department of States and
participating agencies Overseas Employment program at Foreign Service posts
abroad.
b. Overseas Employees include:
(1) Locally employed staff (LE staff) paid under local
compensation plans; and
(2) Family members and other not ordinarily resident
employees paid under the Foreign Service schedule.
c. The regulations set forth in 3 FAM 7000 and 3 FAM
8000 are developed to meet the Department of States and participating
agencies human resources management requirements for Overseas Employees. They
are under continuous review and subject to modifications to meet changing
conditions in host countries, evolving organizational needs, and new statutory
requirements. Posts and other user organizations are encouraged to provide
HR/OE with suggestions and recommendations for improving the substance,
content, effectiveness, and usefulness of these regulations and other Overseas
Employment human resources management guidance.
d. See 3 FAM 7120 for
definitions that apply throughout 3 FAM 7000 and 3 FAM 8000.
e. Chapters in 3 FAM 7000 and 3 FAM 8000 and 3 FAH-1
and 3 FAH-2 as well as HR/OEs intranet website contain the preponderance of
the policies, regulations, procedures, and other guidelines covering Overseas
Employees. Other relevant regulations and procedures, not limited to the
following, may also apply to Overseas Employees:
(1) 3 FAM 3630
Workers Compensation;
(2) 3 FAM 3300 U.S. Leave Administration;
(3) 3 FAM 3650
Death Gratuity;
(4) 3 FAM 4120
Employee Responsibilities Abroad; and
(5) 3 FAM 4800 State and USAID Awards Program.
Note: Participating Agency/Establishment-specific
regulations, to the extent they are not in conflict with State regulations, procedures,
policies, and guidance.
3 FAM 7111.1 Requirements
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
All employees are required to comply with these
regulations and other guidance issued by State. The requirements and guidance
contained in these regulations are designed to cover the wide variety of
situations and cases posts and employing organizations encounter in the
management of Overseas Employees. It is neither possible nor desirable,
however, to develop and issue regulations and guidance covering all possible
situations that arise in the management of our multi-agency, worldwide
workforce. Responsible officers and employees are expected to use sound
judgment in applying these regulations and guidance, not only in their
performance of routine day-to-day activities, but also when encountering
unusual and unique situations. Actions taken and decisions made must reflect
equitable and respectful treatment of affected employees, be fiscally
responsible, and reflect the best of American values. Responsible officials
may not disregard or make unauthorized exceptions to these regulations.
Failure to comply with these requirements may result in personal fiscal
liability and/or disciplinary action.
3 FAM 7111.2 Other Agencies and
Establishments
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
These regulations and any supplementary State guidelines,
controls and procedures used to manage Overseas Employees are applicable to any
agency/establishment under chief of mission (COM) authority with the exception
of the Foreign Broadcast Information Service, the Veterans Administration (VA),
and the American Battle Monuments Commission. These agencies have separate
statutory authority for overseas human resources management systems.
3 FAM 7111.3 Waiver of Regulations
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
In addition to existing authorities regarding waiver of
FAM provisions, upon the recommendation of the Director of the Office of
Overseas Employment, the Director General of the Foreign Service and Director
of Human Resources may waive provisions of 3 FAM 7000 if not contrary to law
and with the concurrence of the Office of the Legal Adviser.
3 FAM 7112 ResponsibilitIES
3 FAM 7112.1 Chief of mission
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
Under the direction of the President and the general
supervision of the Secretary of State, the COM is in charge of the entire
United States diplomatic mission and supervises all of its activities. The
COMs authority encompasses not only the personnel of the Department of State
and the Foreign Service, but also personal representatives of other United
States Executive Branch agencies (excluding those personnel under the command
of a U.S. area military commander) that have programs or activities in the
country. (1 FAM
013.2)
3 FAM 7112.2 Other Roles and
Responsibilities
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
a. The Bureau of Human Resources Office of Overseas
Employment (HR/OE):
(1) Leads the development of interagency policy,
legislative, regulatory, and procedural framework for the management of
Overseas Employees;
(2) Develops and authorizes local compensation and
benefit plans and monitors posts administration of these plans;
(3) Develops and monitors Overseas Employment
recruitment and employment procedures;
(4) Develops, implements, and monitors the
Computer-Aided Job Evaluation system covering positions encumbered by Overseas
Employees; and
(5) Provides policy interpretations and procedural
guidance on the management of Overseas Employees.
b. Other Agencies/Establishments.
Any agency or other U.S. Government establishment
operating under the authority of a COM will ensure that, in coordination with
the Department of State, the COMs approval is sought on any proposed changes
in the size, composition, or mandate of staff elements regardless of hiring
authority in accordance with NSDD-38 and other State guidance.
Agencies/establishments are responsible for delegating
appropriate employment authorities and providing guidance to their
representatives at posts abroad.
c. The Embassy Human Resources Officer
The Human Resources Officer (HRO) is responsible for
managing and administering the Overseas Employment program for and in
cooperation with the agencies and establishments under a COMs authority.
These responsibilities are performed in accordance with the provisions of 3 FAM
7000 and 8000, and any other State guidance, procedures, and policies used to
manage locally employed (LE) and Family Member (FM) staffs. At those embassies
without an HRO, the Embassy Management Officer (MO) has this authority and
responsibility.
3 FAM 7113 LEGAL AUTHORITY
3 FAM 7113.1 State
(CT:PER-917; 08-20-2018)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
a. The following authorities, among others, permit the Secretary
of State (or designee) to:
(1) Administer and direct the Foreign Service (Ch. 2,
Section 201, of the Foreign Service Act of 1980, as amended, hereinafter
referred to as the Act, 1 FAM 020);
(2) Appoint members of the Foreign Service and
compensate them (Chapter 2, Sections 303, 309, 311 of the Act; 3 FAM 7520; 3
FAM 8200);
(3) Establish salaries, benefits, death gratuities,
and awards programs for Overseas Employees (Chapter 3, Sections 408, 410, 413,
and 614 of the Act; 3 FAM 7500, 3650, 4800);
(4) Consider Appointment Eligible Family Member status
as an affirmative factor for employment (Chapter 3, Section 311 of the Act, 3
FAM 8200);
(5) Authorize other agencies/establishments to use the
Foreign Service human resources management system and to appoint Family Members
and U.S. citizens (Chapter 2, Section 202(a), (4) (A and B));
(6) Employ individuals, for services abroad, under a
contract which is not subject to Federal Acquisition Regulations (Section 2(c)
of the Basic Authorities Act (BAA) of 1956 (22 U.S.C 2669)), as amended the
basis for the Department of States Personal Services Agreements (PSA) method
of employment;
(7) Exercise the authority in Section 2(c) of the
Basic Authorities Act on behalf of any department or agency so requesting
(Section 2(n) of the Basic Authorities Act of 1956, 22 U.S.C. 2669); and,
(8) Prescribe regulations and delegate functions
(Chapter 2, Section 206, and Chapter 3, Section 408 (c) of the Act; 2 FAM, 3
FAM).
b. The following authorities require the Secretary of
State (or designee) to:
(1) Administer the Foreign Service human resources
management system to the extent practical in a manner that will assure maximum
compatibility among the agencies authorized by law to utilize the Foreign
Service human resources management system (Chapter 2, Section 203 of the Act; 3
FAM 7000/8000), and
(2) Consider the need for uniformity on a continuing
basis of human resources management policies and procedures and for
consolidation of human resources functions among agencies utilizing the Foreign
Service human resources system,(Section 204 of the Act).
3 FAM 7113.2 Other Agencies or
Establishments
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
Other agencies and U.S. Government establishments may:
(1) Administer employment programs for their overseas
employees (Section 408(b) of the Act);
(2) Seek authority from the Secretary of State to use
the Foreign Service human resources management system and to appoint Family
Members and U.S. citizens (Chapter 2, Section 202 (a), (4) (A) and (B) of the
Act);
(3) Use an overseas limited appointment for a U.S.
citizen recruited overseas (5 CFR 8.2 and 301.201 et seq.); and
(4) Appoint persons not citizens of the United States
(5 CFR 8.3).
3 FAM 7113.3 Host Country Law
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Locally Employed Staff ONLY)
It is the policy of the U.S. Government that all agencies
and establishments under COM authority employ locally employed (LE) staff
consistent with host country law insofar as U.S. law is not violated and
adoption of local law is consistent with the U.S. public interest.
3 FAM 7114 DELEGATION OF EMPLOYMENT
AUTHORITIES TO Other agencies and establishments
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
a. The Secretary of State (or designee) may authorize
the head of any agency or other Government establishment (including any establishment
in the legislative or judicial branch), to:
(1) Appoint U.S. citizens hired abroad as members of
the Service and to utilize the Foreign Service human resources system (Chapter
2, Section 202 (a), (4) (A) and (B);
(2) Exercise authority under Section 2 (c) and (n) of
the Basic Authorities Act of 1956 (22 U.S.C 2669) on behalf of the head of any
other department or agency; and
(3) Enter into Personal Services Agreements with
individuals hired
abroad to perform services in support of such other department or
agency.
b. This authority may not be extended to any department
or agency not under COM authority. Examples of situations where employees are
not under COM authority include:
(1) U.S. military forces operating in the field under
the command of a U.S. area military commander, or
(2) Such other military activities as the President
elects to conduct through military channels.
See 1 FAM 021.1
for military operations that fall under COM authority.
c. The Secretary of State (or designee) will only
exercise Department of State Personal Services Agreement authority on behalf of
an agency under COM authority when there is a duly executed Memorandum of
Agreement (MOA) Regarding the Department of States Overseas Personal Services
Agreement Authority. MOAs between the Department of State and the
agency/department are signed at the headquarters level, not at post.
3 FAM 7114.1 State Embassy Human
Resources Officer
(CT:PER-526; 04-07-2005)
(State only)
(Applies to Overseas Employees)
Employment authority, including direct-hire appointment
authority and Personal Services Agreement (PSA) hiring authority, is delegated
to the Embassy Human Resources Officer (HRO) and in the absence of the HRO, the
Embassy Management Officer (MO) or Acting MO. Employment authority includes
authority to approve direct-hire appointments, personal service contractors
(PSC) and PSA hiring, promotions, within grade increases, separations, adverse
actions, and other human resources actions requiring the preparation and
authorization of Form SF-50, Notification of Personnel Action, Form JF-62
Personal Services Contracting Action, Form JF-62a Personal Services Agreement
Action, and Form DS-1990 Limited Personal Services Agreement.
3 FAM 7114.2 Agencies/Establishments
(CT:PER-526; 04-07-2005)
(Establishments under Chief of Mission Authority)
(Applies to Overseas Employees)
a. Depending on the authority delegated to them, heads
of Participating agencies/establishments may or may not delegate employment
authority to the Human Resources Officer (HRO) at post. Delegations must be
made in writing and maintained at post.
b. To ensure the USG acts as a single employer in the
host country, the Embassy HRO is responsible for the coordination of
interagency employment policy and actions.
3 FAM 7115 through 7119 UNASSIGNED