3 FAM 8900
CONSULAR AGENT HUMAN RESOURCES ADMINISTRATION
3 FAM 8910
GENERAL
(CT:PER-943; 05-07-2019)
(Office of Origin: CA/EX/HRD)
3 FAM 8911 APPOINTMENT AUTHORITIES
(CT:PER-817; 06-01-2016)
(State Only)
a. Section 303 of the Foreign Service Act of 1980 (the,
Act) (22 U.S.C. 3943) provides general
authority for the Secretary of State (the Secretary) to appoint certain members of the Foreign
Service, including consular agents, under such regulations as the Secretary may
prescribe.
b. New consular agents are appointed as intermittent
employees for an initial limited appointment under section 309 of the Act (22
U.S.C. 3949) and the regulations contained in this subchapter that does not
exceed one year. Service as a temporary consular agent may be counted towards
the initial one-year limitation. Extensions of the initial limited appointment
may be made upon expiration of the initial limited appointment in any amount of
time that is not in excess of three years, although a three-year extension will
be typical.
c. Section 309 of the Act provides that limited
appointments for consular agents may be extended so that cumulative service may
exceed five years. The consular agent appointment authority is retained in the
Department under the procedures of this regulation and has not been delegated
to post.
d. Consular agents (including temporary consular
agents) are appointed by the Department to assist the post having territorial
jurisdiction (the supervisory post) in the performance of limited consular
services, which are defined and authorized by certain international agreements
(primarily the Vienna Convention on Consular Relations), statutes and
regulations. (See sections 22 CFR 72.1(b), 22 CFR 72.17 and 22 CFR 92.4(e))
e. Consular agents work under the direct oversight of a
supervisory consular officer at the embassy or consulate responsible for the
consular district in which the agency is located (see 2 FAM Exhibit 461). In small posts, the supervisory consular
officer is generally the chief of the consular section. In larger posts, the
consular chief can designate another officer to supervise the consular agent.
If delegated, this responsibility must be designated in writing. In countries
that have multiple consular agencies, the senior consular officer (generally a
countrywide consular coordinator) may also designate a consular agency
coordinator to oversee countrywide policy management and procedural guidance
for multiple consular agencies.
f. Consular agents are not transferable and are
appointed for specific duties at specific locations.
g. Consular agents, including citizens of the United
States and non-citizens, are members of the Foreign Service as defined under
section 103(7) of the Act (22 U.S.C. 3903).
3 FAM 8912 APPOINTMENT OF CONSULAR
AGENTS
3 FAM 8912.1 Request for
Recommendation
(CT:PER-802; 01-08-2016)
(State Only)
When a consular agent position is vacant, the supervisory
post nominates a suitable candidate for the position to the Office of the
Executive Director, Bureau of Consular Affairs (see 2 FAM 422.1-4).
Such nominations require the concurrence of the countrywide consular
coordinator in countries where such an officer is present.
3 FAM 8912.2 Standards for
Employment and Ethics Requirements
(CT:PER-802; 01-08-2016)
(State Only)
Supervisory posts must apply the following standards in
making recommendations to the Department for appointment of consular agents:
(1) A properly qualified U.S. citizen is preferred for
appointment over a noncitizen. If a properly qualified U.S. citizen is not
available for appointment, the post may recommend a properly qualified
noncitizen for the position;
(2) The person recommended for the position of
consular agent must be of good reputation in the community, capable and
reliable, with a clear concept of the nature of the work for which he or she
will be responsible. The supervisory post should carefully review the
candidates other business, affiliations, and interests to determine whether
such service could create a conflict of interest, and to ensure that the
candidate would not derive any inappropriate personal benefit as a result of
his or her service as a consular agent;
(3) A person already employed in any other capacity by
the United States, or who holds an office under a foreign government or any
other public office, may not be appointed as consular agent while so employed.
Embassy or consulate locally employed (LE) staff may not be employed
concurrently as a consular agent; and
(4) The person selected must receive the new entrant
ethics orientation as provided in 5 CFR 2638.703(a).
3 FAM 8912.3 Forms Required
(CT:PER-817; 06-01-2016)
(State Only)
When recommending a candidate for appointment as consular
agent, the supervisory post submits electronically the following forms to
CA/EX/HRD, or, in the case of forms related to security vetting, the local
Regional Security Officer:
(1) Resume;
(2) Form OF-612, Optional Application for Federal
Employment;
(3) Form SF-85-P, Questionnaire for Public Trust
Positions and Form SF-85P-S, Supplemental Questionnaire for Selected Positions
for Moderate Risk Public Trust Certification;
(4) Form DS-4002, Disclosure and Authorization
Pertaining to Consumer Reports (if applicant has a SSN);
(5) Form FD-258, FBI Fingerprint Card (2 copies, with
DOS in ORI Block);
(6) Form DS-1143, Request for Security Clearance (to
be completed by CA/EX/HRD upon receipt of the security and employment forms
from post);
(7) Verification of date of birth (copy of passport
data page or birth certificate);
(8) Form SF-144, Statement of Prior Federal Service;
(9) Form SF-181, Ethnicity and Race Identification;
and
(10) Form SF-256, Self-Identification of Disability.
3 FAM 8912.4 Completion of
Security Processing
(CT:PER-817; 06-01-2016)
(State Only)
Executive Order 10450 (E.O.
10450) Security Requirements for Government Employment and Title 5 Code of
Federal Regulations Part 731 (5 CFR 731) require applicants to undergo an
investigation prior to employment. Consular Agents, including temporary
Consular Agents, may not be appointed prior to the completion of the
investigation and suitability determination.
3 FAM 8912.5 Approval, Commission,
and Exequatur
(CT:PER-939; 03-26-2019)
(State Only)
a. After the approval of the recommendation for
appointment and the satisfactory completion of the necessary security and
suitability investigation, the supervisory post will initiate an electronic
Form SF-52, Request for Personnel Action, to appoint the selectee as a consular
agent. The Department will transmit Form SF-50, Notification of Personnel
Action, to the supervisory post and the consular agents assignment commission
to the embassy.
b. After receipt of the commission, post must apply for
an exequatur or comparable host government document, which, upon receipt, is
forwarded with the commission to the consular agent.
c. Once the appointee has been converted to a full
consular agent, upon authorization from the Bureau of Human Resources, Office
of Presidential Appointments (HR/PAS) (see 3 FAH-1
H-2432.1-4(2)), the supervisory post
may annotate the regular, fee-paid passport of a U.S. citizen agent,
designating the bearer as a consular agent: The bearer is a Consular Agent of
the United States resident in (city), (country). See Endorsement 15, 8 FAM 505.2-2.
3 FAM 8912.6 Effective Dates of
Employment, Termination and Length of Appointments
3 FAM 8912.6-1 Employment
(CT:PER-802; 01-08-2016)
(State Only)
Upon notification of approval from the Department and
notice of the provisional recognition of the consular agents accreditation
from the host government, post should notify a newly hired consular agent that
s/he may assume duties on or after one of the following dates, as applicable:
(1) If the consular agency is being established upon
the closure of a consulate, the closing date of that consulate; or
(2) If the incoming agent is taking over the duties
from another consular agent, the date of relinquishment of duties by the agent
on duty. See 2
FAM 422.1-4.
3 FAM 8912.6-2 Termination
(CT:PER-802; 01-08-2016)
(State Only)
The period of official duty of a consular agent terminates
at the close of business on one of the following dates, as applicable:
(1) The closing date of the consular agency or the
date the agent is relieved of duties by the supervisory post, whichever is
sooner; or
(2) The date the agent relinquishes duties to another
consular agent; or
(3) Upon expiration or termination of a temporary or
limited appointment that is not extended; or
(4) At the discretion of the Bureau of Consular
Affairs, in consultation with a supervisory post, where suitability, conduct or
performance issues warrant removal.
3 FAM 8912.6-3 Length of
Appointments
(CT:PER-802; 01-08-2016)
(State Only)
All consular agent appointments are limited appointments
under Section 309 of the Foreign Service Act. The initial limited appointment
may be made for a period up to, but not in excess of, one year. Service as a
temporary consular agent may be counted towards the initial one-year
limitation. At the request of the supervisory post, and with the approval of
the Office of the Executive Director, Bureau of Consular Affairs, Human
Resources Division, the initial one-year limited appointment may be extended
for a period of up to three years. Thereafter, additional extensions may be
made for a period of up to three years each. The supervisory post will
initiate an electronic Form SF-52, Request for Personnel Action, for each
extension. There is no statutory or regulatory limit on the number of limited
appointment extensions for consular agents in good standing.
3 FAM 8912.7 Forms Executed Upon
Entry on Duty
(CT:PER-802; 01-08-2016)
(State Only)
a. The following forms must be executed by the consular
agent and submitted to the Office of the Executive Director, Bureau of Consular
Affairs, Human Resources Division immediately upon initial entry on duty:
(1) Form SF-61, Appointment Affidavit;
(2) Form OF-306, Declaration for Federal Employment;
(3) Form DS-1031-A, Biographic Data Sheet;
(4) Form SF-1199A, Direct Deposit; and
(5) Form W-4, Employees
Withholding Allowance Certificate.
b. Form SF-61 must
be executed before any salary payments are made (see 3 FAM 8914.4 a). The effective dates shown on Form SF-61,
Form OF-306 and Form SF-50 should all be the same. Noncitizens appointed
as consular agents are not required to complete the Oath of Office (Part "A"
of Form SF-61); when not used, this part should be stricken.
3 FAM 8913 APPOINTMENT OF TEMPORARY
CONSULAR AGENTS
3 FAM 8913.1 Recommendation
(CT:PER-817; 06-01-2016)
(State Only)
a. Temporary consular agents are appointed in unusual
circumstances:
(1) An emergency situation requiring the temporary
services of a consular agent; or
(2) To provide for continuity of services during an
extended absence of a consular agent.
NOTE: A temporary consular
agent may be appointed by the Department by the same procedure as outlined in 3 FAM 8912.1
through 8912.3, including the completion of the investigation and suitability
determination.
b. In the event of an emergency in which there is
insufficient time for submission of the necessary appointment forms, and
pending such submission, the supervisory post may make an electronic
recommendation to the Office of the Executive Director, Bureau of Consular
Affairs, Human Resources Division to appoint a temporary consular agent, as
well as a recommendation for the length of that appointment. The supervisory
post will initiate an electronic Form SF-52, Request for Personnel Action, to
appoint the temporary consular agent.
3 FAM 8913.2 Approval and
Provisional Recognition
(CT:PER-817; 06-01-2016)
(State Only)
a. Upon approval of the recommendation for a temporary
appointment, the Office of the Executive Director, Bureau of Consular Affairs,
Human Resources Division notifies the supervisory post promptly and transmits
Form SF-50, Notification of Personnel Action, to the supervisory post.
b. The supervisory post, if other than a diplomatic
mission, immediately informs the diplomatic mission in the host country of the
appointment of a temporary consular agent in order that the mission may request
provisional recognition.
c. A temporary consular agent does not receive an
exequatur and is not commissioned by the Department.
3 FAM 8913.3 Forms To Be Executed
Upon Entry on Duty
(CT:PER-737; 06-18-2014)
(State Only)
Temporary consular agents complete the forms required
under 3 FAM
8912.7 upon entry on duty.
3 FAM 8913.4 Effective Dates of
Employment and Termination
(CT:PER-802; 01-08-2016)
(State Only)
Upon receipt by the supervisory post of the Departments
approval of the temporary appointment and notice from the diplomatic mission
that provisional recognition has been obtained, the appointee may assume duties
as a temporary consular agent. The official duty dates of employment and
termination are the same as in the case of consular agents, as set forth in 3 FAM 8912.6.
3 FAM 8913.5 Forms Required if a
Temporary Consular Agent is Appointed as a Consular Agent
(CT:PER-802; 01-08-2016)
(State Only)
If the appointment of a temporary consular agent is later
converted to a full consular agent (see 3 FAM 8912.5),
the supervisory post should ensure that all forms required under 3 FAM 8912.7
have been executed and transmitted to the Office of the Executive Director,
Bureau of Consular Affairs, Human Resources Division.
3 FAM 8914 CLASSIFICATION AND
COMPENSATION
3 FAM 8914.1 Classification
(CT:PER-802; 01-08-2016)
(State Only)
All consular agent positions are classified at class 06 of
the Foreign Service Schedule. The pay plan FZ is used for consular agents.
On official personnel documents, such as Form SF-52, Request for Personnel
Action and Form SF-50, Notification of Personnel Acton, class 06 will not be
shown in the grade/class blocks. Instead, the percentage, representing the
average weekly workload, as calculated in 3 FAM 8914.3-1
below, will be shown.
3 FAM 8914.2 Salary Structure
(CT:PER-802; 01-08-2016)
(State Only)
Taking into account the workload of the consular agent and
local prevailing wage rates, consular agents will be paid between 20 percent
and 95 percent of one of the 14 step rates of class 06 of the Foreign Service
Schedule. (See 3 FAM 8914.3-1,
paragraph b for a possible exception to the 95 percent limitation.)
3 FAM 8914.3 Determining
Individual Pay Rates
(CT:PER-737; 06-18-2014)
(State Only)
A three-step procedure is used to set pay for individual
consular agents.
3 FAM 8914.3-1 Step One: Determine
Average Weekly Workload
(CT:PER-802; 01-08-2016)
(State Only)
a. Workload percentage:
(1) The supervisory consular officer determines a
percentage that represents the consular agents approximate average weekly
workload. This percentage is calculated by determining the actual average
number of hours worked per week in the past year and/or by estimating the
average weekly number of hours expected to be worked per week in the coming
year. The weekly average number of hours is divided by 40 to determine the
percentage of full-time work performed. All percentage calculations should be
expressed as a multiple of 5 percent. Amounts falling between a 5 percent
interval should be increased to the next higher increment of 5 percent (e.g.,
46 percent should be increased to 50 percent). For example, if over the course
of a year, taking into account seasonal variations, a consular agent works
approximately 25 hours per week, 25 hours, divided by 40 hours, equals .625
(62.5 percent) or, rounded up, 65 percent. Thus, the workload percentage
calculated for step one will be 65 percent.
(2) In calculating the consular agents approximate
average weekly workload, the supervisory consular officer should take into
account the hours to be worked by the agent, not solely the hours that the
consular agency is open to the public. However, activities of a primarily
representational nature such as attending national day receptions and/or
cocktail/dinner parties should not be included when calculating the workload of
a consular agent.
b. Workload limitations:
It is Department policy that no appointment will be
approved for a consular agent to work for an average of less than 8 hours per
week (i.e., 20 percent) or for more than 38 hours per week (i.e., 95 percent).
However, under extraordinary circumstances warranting a 40 hour average
workweek, the supervisory post may request an exception. If approved by CA/EX,
such approval will be noted in the remarks section of the Form SF-50,
Notification of Personnel Action.
3 FAM 8914.3-2 Step Two:
Determine Step Rate
(CT:PER-802; 01-08-2016)
(State Only)
a. The second step is to determine the appropriate step
rate of class 06 of the Foreign Service Schedule. Class 06, step 1, will
generally be used for initial appointments.
b. However, a higher annual salary may be granted when
the prevailing wage rates in the locality where the consular agency is located
are such that a higher annual salary rate is necessary to properly recruit,
retain or otherwise compensate consular agents for their service. In such a
case, the supervisory post should recommend and justify an appropriate higher
step to the Office of the Executive Director, Bureau of Consular Affairs.
CA/EX will advise the supervisory post of the approved grade and step, and the
supervisory post should note on the Form SF-50, Notification of Personnel
Action, that grade/step x is authorized on the basis of local prevailing wage
rates.
c. Please note that an individual's highest previous
rate (HPR) related to prior U.S. government service does not apply to consular
agent appointments.
3 FAM 8914.3-3 Step Three:
Calculate Per Annum Rate
(CT:PER-802; 01-08-2016)
(State Only)
a. A consular agents final per annum pay rate is
calculated by multiplying the percentage of the full-time work week times the
appropriate step rate of class 06 (e.g., 65 percent of step 3 of class 06).
This information must be recorded in the grade/level and step/rate blocks of
the Form SF-50, Notification of Personnel Action (e.g., FZ-65-03). The resulting
per annum rate is entered in the salary block of the Form SF-50, Notification
of Personnel Action. The supervisory post should pay particular attention to
these sections when documenting the Form SF-52, Request for Personnel Action.
b. For payroll purposes, the per annum salary rate is
divided by 2087 (i.e., the standard payroll divisor) and the consular agents
are paid on a biweekly basis as if 80 hours of work were performed. Note,
however, that since the per annum salary rate has been adjusted by a percentage
of the full-time workweek, the actual biweekly pay represents the average
consular agent workweek and not a full-time workweek.
3 FAM 8914.3-4 Personnel Actions
and Official Personnel Folder
(CT:PER-802; 01-08-2016)
(State Only)
a. When a consular agents pay level is approved by
CA/EX, CA/EX/HRD will prepare a Form SF-50, Notification of Personnel Action,
to establish a consular agents rate of pay. CA/EX/HRD is responsible for
preparing all personnel actions needed to carry out any pay or personnel
changes unless automatically done as a systems change by HR/EX/SOD.
b. An Electronic Official Personnel Folder (eOPF) for
each consular agent is established and maintained with Records and Information
Management (HR/EX/RIM). All personnel information initiated at posts and by
bureaus must be sent to both CA/EX/HRD and HR/EX/RIM for insertion in the
eOPF. If a consular agent has prior service, HR/EX/RIM will request
documentation to verify and credit service. The eOPF is held for one year after
termination of the appointment. If not reappointed within the year, the eOPF
is transferred to the National Personnel Records Center (NPRC) in St. Louis.
3 FAM 8914.3-5 Consular Agent
Pay Adjustments
(CT:PER-817; 06-01-2016)
(State Only)
After the initial annual salary is established, consular
agents may later receive pay adjustments as follows:
a. Individual pay adjustments:
(1) Consular agents may receive periodic pay adjustments
through step 14. CA/EX/HRD will approve such increases upon receipt of a
request from the supervisory post and an annual performance appraisal (see 3 FAM 8917.2)
that is satisfactory or higher. The minimum waiting period for a pay
adjustment is 52 consecutive weeks in employment status up to step 10.
Thereafter, the minimum waiting period is 104 consecutive weeks;
(2) If the average workload changes for a significant
period of time and is expected to continue to change or stabilize at a rate at
least 10 percent above or below the currently authorized rate, the consular agents
average weekly workload percentage should be adjusted to reflect the changing
work situation. This is done when the current appointment expires or by
converting the current appointment before it expires, thus creating a new
appointment with a new rate of pay. Supervisory posts should forward requests
to adjust a consular agents percentage to CA/EX for review and, if
appropriate, approval. See 3 FAM 8915; and
(3) In rare circumstances after the initial appointment,
the supervisory post may recommend to CA/EX an adjustment in step level within
class 06 of the Foreign Service Schedule in order to adjust for changes in the
prevailing wage rates in the respective country of the consular agency. CA/EX
will determine whether a step level adjustment is warranted.
b. Automatic pay schedule adjustments: Consular
agent pay rates are automatically adjusted at the same time and by the same
percentage as other Foreign Service Schedule pay rates for class 06. HR/EX/SOD
will make these changes to the personnel system.
3 FAM 8914.3-6 Obligation of
Funds and Local Tax Obligations
(CT:PER-737; 06-18-2014)
(State Only)
The salaries of both citizen and noncitizen consular
agents are charged against allotments for the salaries of U.S. citizen
employees. U.S. citizen agents and permanent resident alien agents (if any)
are subject to Federal and state income tax withholdings as required by law.
Consular agents may have tax obligations under local law, and they are
individually responsible for the payment of any taxes imposed by the government
of the host country. (Also see 4 FAH-3 H-540.)
3 FAM 8914.4 Effective Dates for
Salary
(CT:PER-802; 01-08-2016)
(State Only)
a. Salary is paid as of the official date the consular
agent assumes duty, as established by 3 FAM 8912.6,
or as otherwise determined by the principal officer of the supervisory post
under the provisions of 3 FAM 8915,
provided that no salary is paid until the Form SF-61, Appointment Affidavit has
been executed. (See 3 FAM 8914.7
regarding temporary consular agents.) On initial appointments or conversions,
this date and the effective date shown on the Form SF-50 should be the same.
(See 3 FAM
8912.7.)
b. Consular agents salaries must be adjusted
automatically by statutory adjustments authorized for class 06 of the Foreign
Service Schedule.
c. Salary terminates on one of the following dates, as
appropriate:
(1) In event of death in service, on the date of
death;
(2) In event of separation, on the last day of active
duty, as stated in the appropriate Form SF-50, Notification of Personnel
Action;
(3) In event of absence from duty, without immediate
replacement by another consular agent, on the last day of duty prior to the
period of absence, unless otherwise determined by the principal officer of the
supervisory post under 3 FAM 8915(f);
(4) In event of relinquishment of duties to another
consular agent, on the date of such relinquishment; or
(5) Upon expiration of a temporary or limited Foreign
Service appointment that is not extended.
3 FAM 8914.5 Social Security
Coverage
(CT:PER-817; 06-01-2016)
(State Only)
a. U.S. citizen and U.S. permanent resident alien
consular agents are subject to FICA tax deductions and earn eligibility for
Social Security Retirement, Survivors, Disability and Health Insurance (RSDHI)
benefits. Noncitizen agents who are not U.S. permanent resident aliens are not
eligible for such benefit.
b. The Vienna Convention on Consular Relations does not
exempt consular agents from the social security provisions in force in the host
country. Therefore, consular agents may be required to participate in the host
country social security system.
3 FAM 8914.6 Limitations on
Compensation and Benefits
(CT:PER-943; 05-07-2019)
(State Only)
Due to the nature of their temporary or limited appointments,
intermittent work schedules, recruitment at posts abroad, authorization of pay
based on local prevailing rates, etc.; consular agents are usually exempt from
additional federal compensation and benefits programs. The following
summarizes entitlements to benefits:
(1) AnnuitantsIf a retired
U.S. government employee is appointed as a consular agent, he or she becomes a
reemployed annuitant and is subject to the requirements of the retirement
system from which he/she retired and to all laws relating to dual compensation
or other similar prohibitions;
(2) Health Insurance
(a) Agents who are expected to work 130 hours per month
(FZ-75 or higher) and for more than at least 90 days are eligible to enroll in
the Federal Employees Health Benefits (FEHB) program with a full government
contribution. Former federal employees who were covered by the health
insurance program and then hired as a consular agent without a break in federal
service of more than three calendar days are also eligible to participate in
the FEHB program. For additional information, visit the OPM healthcare
website.
(b) According to FEHB eligibility rules, consular agents
working fewer than 130 hours per month (FZ-70 and below), or for less than 90
days (as in the case of temporary agents), are not eligible to participate in
the FEHB program. These agents are, however, eligible for reimbursement of up
to 70 percent of their health insurance premium, not to exceed a maximum
specified amount; this reimbursement is intended to provide a benefit
equivalent to the share of FEHB premiums that the U.S. Government pays for
other employees. Consular agents eligible for FEHB may opt to seek
reimbursement for a share of their own private insurance plan rather than
receive FEHB benefits.
(c) The Office of the Executive Director, Bureau of
Consular Affairs (CA/EX), Consular Agency Coordinator, with concurrence from
the Bureau of Consular Affairs Comptrollers Office (CA/C), determines each
year the maximum reimbursement amount. This amount is based on the average
government contribution for all Non-Postal Fee-For-Service Plans offered under
the FEHB. As of calendar year 2019, the
maximum amount that can be reimbursed is $5,332 for a self-only policy and at $12,306 for a family policy. A family includes a
spouse, unmarried child(ren) up to age 26, and disabled children of any age if
they live with and are dependent on the parent.
(d) Agents seeking reimbursement must present to the
supervisory posts financial management office a paid receipt showing the
amount paid for a full-year policy, together with a copy of the policy. In
lieu of a full-year premium paid receipt, an agent may submit twelve monthly or
four quarterly receipts which, when grouped together, constitute verification
of payment for a full-year policy. The supervisory post will reimburse the
consular agent from posts MRV allotment.
(e) Reimbursement is only for private health insurance.
Premiums for national health insurance program may not be reimbursed. Premiums
for private insurance intended to supplement a national government health
insurance program may, however, be reimbursed.
(f) Reimbursement is for insurance policies in the name
of the consular agent, not for a spouses policy under which the agent is
covered. Agents covered under a spouses policy may request deletion from that
policy. Alternatively, the spouses policy may be canceled, with the agent
taking out a family policy including his/her spouse. If a pre-existing
condition prevents the consular agent and or their dependent from changing to a
policy listing them as the primary policyholder, the consular agent may request
a waiver of this requirement, which would be subject to the approval by both
the Office of the Executive Director, Bureau of Consular Affairs, Consular
Agency Coordinator and the Comptrollers Office.
(3) AllowancesConsular agents
are not eligible to receive allowances and post differentials authorized by the
Standardized Regulations, per 3 FAM 3211;
(4) Incentive AwardsConsular
agents are covered by the Incentive Awards Program described in 3 FAM 4800.
Supervisory posts should follow the guidance and procedures outlined in that
regulation;
(5) LeaveConsular agents do
not accrue and are not charged annual leave, sick leave, etc. because they are
neither full-time employees nor part-time employees with an established regular
tour of duty. (See 3 FAM 3300 and 5 U.S.C. 6301);
(6) Life InsuranceConsular
agents are not eligible to participate in the Federal Employees Group Life
Insurance Program due to their intermittent work status except for a former
federal employee who was covered by the program and then hired as a consular
agent with a break in federal service of less than three days and who is
expected to return to the former position. See 5 CFR 870.302(b)(3);
(7) Premium payConsular
agents are not covered by either the premium pay (e.g., overtime, compensatory
time off, night pay, Sunday pay, holiday pay) benefits of Title 5, U.S.C., nor
by the overtime provisions of the Fair Labor Standards Act (see 3 FAM 3130).
If an agent consistently works more hours than reflected in their FZ scale,
post can, however, propose to change their salary rate to a more appropriate
level;
(8) RetirementConsular agents
are not eligible to contribute to or earn credit toward the Foreign Service
Retirement and Disability System, the Foreign Service Pension System, the Civil
Service Retirement and Disability System, or the Federal Employees Retirement
System, or to participate in the Thrift Savings Plan except those who are U.S.
citizens whose appointments as consular agents are made without a break in
continuity of service of more than three days from positions in which they were
covered by the Civil Service Retirement and Disability System or the Federal
Employees Retirement System. See 22 U.S.C. 4043, 22 U.S.C. 4071b, 5 CFR
831.209(a)(9) and 5 CFR 842.105(a);
(9) Work InjuriesConsular
agents are covered by the Federal Employees Compensation Act for compensation
for injuries sustained in the performance of duty, including disability and
death benefits. This program is administered by the Office of Workers
Compensation Programs, Employment Standards Administration, U.S. Department of
Labor. In the event of a work injury, the consular agent should immediately
contact the Office of the Executive Director , Bureau of Consular Affairs, HR
Division (see 3
FAM 3630 and 3 FAH-1 H-3630,
and 5 U.S.C. 8101, et. seq.); and
(10) Death BenefitsSurvivors
of any consular agent who dies as a result of injuries sustained in the
performance of duty outside the United States may be eligible for payment of
certain death benefits as provided under 3 FAM 3650.
3 FAM 8914.7 Compensation for
Temporary Consular Agents
(CT:PER-802; 01-08-2016)
(State Only)
An appointed temporary consular agent receives
compensation at the annual rate under the same rules that govern the payment of
consular agents. Compensation for temporary consular agents begins and
terminates in accordance with the dates of official duty and termination under
the provisions of 3 FAM 8912.6.
3 FAM 8915 HOURS OF WORK AND ABSENCE
FROM DUTY
(CT:PER-817; 06-01-2016)
(State Only)
a. Consular agent positions are not intended to be
full-time permanent positions. The salary schedule established by the Department
is structured for intermittent work schedules with seasonal variations that
average less than full-time work performance. It is Department policy that no
appointment will be approved for a consular agent to work for an average of
less than 8 hours per week (i.e., 20 percent) or for more than 38 hours per
work (i.e., 95 percent). However, under extraordinary circumstances warranting
a 40-hour average workweek, the supervisory post may request an exception. If
approved by CA/EX and the appropriate regional bureau, such approval will be
noted in the remarks section of the Form SF-50, Notification of Personnel
Action.
b. Any claims by consular agents that an average work
week of more than 30 hours (i.e., 75 percent category) is required on a continuous
basis must be documented by the supervisory consular officer. Supervisory
posts must justify the need for a consular agent with an average workweek of
more than 30 hours in conjunction with each renewal of the agents
appointment. Such evaluation should include a summary of the actual work hours
worked by the agent over the previous appointment period, and must be submitted
to CA/EX at the same time as a request for renewal of the appointment.
Activities of a primarily representational nature such as attending national
day receptions and/or cocktail/dinner parties should not be included when
calculating the workload of an agent.
c. As intermittent employees, consular agents are not
required to adhere to regularly scheduled office hours or a fixed schedule of
days or hours of duty. The nature of their work requires attention at
irregular times beyond the control of the Department and the individual
consular agent. Thus, consular agents salaries are fixed on a per annum
basis.
d. Absences from the agency of more than a week must be
requested in advance by the consular agent to the supervisory consular officer.
e. If the consular agent is absent for a significant
period of time (and whether or not a temporary consular agent is available and
appointed by the Department to provide continuity of service), the consular
agents regular salary must be discontinued during the prolonged absence.
In general, absences of more than three weeks per calendar year are considered
significant. At the discretion of the supervisory consular officer, the
consular agents salary may be withheld for a part or for all of the period of
such absence. The supervisory post must notify CA/EX/HRD of the consular
agents absence in a non-pay status, report the number of days absent for
purposes of discontinuing salary, and report the agents return to duty. The
supervisory post shall send an email to discontinue pay and later submit a
second request to adjust the consular agents service computation date (SCD) to
reflect the period of absence.
f. Nothing in these regulations should be interpreted
as limiting the number of hours, which may be spent by a consular agent in
providing urgently required protection for the rights and welfare of U.S.
citizens in distress or precluding assistance in an emergency. No separate
additional compensation beyond the per annum salary (such as allowances,
night-pay differentials, overtime, Sunday, or holiday pay) is paid to consular
agents.
3 FAM 8916 TRAINING
(CT:PER-802; 01-08-2016)
(State Only)
a. The supervisory post is responsible for providing
newly hired consular agents with the regulations and instructions required for
the consular agent to perform his or her duties. Newly hired consular agents
must successfully complete several distance-learning courses within six months
of receiving their temporary appointment: PC103 Nationality Law/Consular
Procedures; PC104 Overseas Citizens Services; PC418 - Consular Fees: Training
for the Consular Agent; PC417 - Accounting for Consular Fees: Training for the
ACO; PA459 - Protecting Personally Identifiable Information; and PA451 - Ethics
Orientation for New Employees. By December 31 each year, the consular agent
should complete Diplomatic Securitys required online course EX250 Annual
Counterintelligence and Insider Threat Awareness Training. Consular agents
also should participate in the first available offering of PC107 (Consular
Agents Workshop) at the Foreign Service Institute, ideally within one year of
entering duty. The supervisory post is responsible for ensuring the agent is
enrolled in PC107, with funding provided by the Bureau of Consular Affairs.
b. In addition, supervisory posts should ensure that
newly hired consular agents receive an ethics orientation (see 3 FAM 8912.2(4)).
3 FAM 8917 PERFORMANCE EVALUATION
3 FAM 8917.1 Annual Agency
Assessments
(CT:PER-817; 06-01-2016)
(State Only)
a. As noted in 3 FAM 8911(e),
consular agents work under the direct oversight of a supervisory consular
officer at the embassy or consulate responsible for the consular district in
which the agency is located. In addition, multi-post missions may designate a
countrywide consular agency coordinator. Either the supervisory consular
officer or the countrywide consular agency coordinator must assess the
operation of each consular agency under their jurisdiction within 12 months of
the prior assessment. This assessment is certified in conjunction with the
Annual Certification of Consular Management Controls. These assessments are of
the agency and its operations as a whole, beyond the performance of the agent
(see Management Controls Oversight and Checklist). The resulting report should
focus on such areas as internal controls, whether work hours are documented and
appropriately reflected in the agents salary, effectiveness of support staff
(if applicable), and appropriateness/condition of agency office space and
equipment. Copies of the trip assessment report should be sent to both the
Office of the Executive Director, Bureau of Consular Affairs, Consular Agency
Coordinator, and Human Resources Division either by front-channel cable or by
forwarding to the ConsularAgent@state.gov email
box.
3 FAM 8917.2 Written Agent
Performance Evaluations
(CT:PER-817; 06-01-2016)
(State Only)
The agents supervisor must prepare an annual performance
evaluation using the Employee Performance Report (EPR) for Not Ordinarily
Resident Employees (NOR), Form JF-57 EPR.
The annual evaluation performance rating cycle is March 15 through March 14,
and evaluations are due no more than 30 days following the close of the rating
period. Employees must also be evaluated (1) when they vacate their position
or (2) when their supervisor changes, unless the appointment was for less than
120 days or a performance evaluation was completed within the past 120
days. Employees who do not receive evaluations because they have not
served a minimum of 120 days in a position are considered to have performed at
a satisfactory level. Supervisors must submit EPRs in a timely manner so that
consular agents may promptly receive any periodic pay adjustments for which
they may be eligible (see under 3 FAM 8914.3-5 paragraph
aNote that some posts may require that agent evaluations go through a review
panel, similar to officers. Consular agent annual appraisals must be submitted
to the Office of the Executive Director, Bureau of Consular Affairs, Human
Resources Division, and the Consular Agency Coordinator via the
ConsularAgent@state.gov email box.
3 FAM 8918 SEPARATION OF CONSULAR
AGENTS
3 FAM 8918.1 Resignation
(CT:PER-802; 01-08-2016)
(State Only)
The supervisory post must promptly report the resignation
of a consular agent or temporary consular agent to CA/EX/HRD and to the
Consular Agency Coordinator in CA/EX/PAS.
3 FAM 8918.2 Termination of
Appointment
(CT:PER-817; 06-01-2016)
(State Only)
Section 613 of the Act (22 U.S.C. 4012) provides that the
Secretary of State may terminate at any time the appointment of any consular
agent in light of the criteria and procedures normally followed in the locality
in similar circumstances. This provision refers to unexpected termination of
an existing limited appointment and does not refer to the following conditions:
(1) The termination of a limited appointment on the
expiration date that was specified as a basic condition of employment on Form SF-50,
Notification of Personnel Action at the time the appointment was made;
(2) Termination of salary payment based on conditions
specified in 3
FAM 8915 for significant absences;
(3) Voluntary separation of the consular agent; or
(4) An adjustment in salary due to a significant
change in workload under 3 FAM 8914.3-5
(a).
3 FAM 8918.3 Separation for Cause
(CT:PER-802; 01-08-2016)
(State Only)
a. The supervisory post may recommend to the Department
the separation of a consular agent or temporary consular agent in a case of
less than fully satisfactory performance of duties, misconduct, or malfeasance.
b. The supervisory post may suspend the agent from
further performance of the agents duties and notify CA/EX/HRD and the Consular
Agency Coordinator in CA/EX/PAS by email, giving complete details. The Bureau
of Consular Affairs will make the final decision and notify the supervisory
post, which will inform the agent of dismissal or restoration to duty.
3 FAM 8919 UNASSIGNED