3 FAM 2420
FOREIGN SERVICE Career Development, ASSIGNMENTS, AND
TRANSFER
(CT:PER-893; 12-11-2017)
(Office of Origin: HR/CDA)
3 FAM 2421 LEGAL AND REGULATORY
AUTHORITY
(CT:PER-837; 03-30-2017)
(State Only)
(Applies to Foreign Service Employees Only)
The legal and regulatory authorities for this subchapter
are:
(1) 22 U.S.C. 2685, 22 U.S.C. 3310, 22 U.S.C. 3901
through 22 U.S.C. 3905, 22 U.S.C. 3921 through 22 U.S.C. 3928, 22 U.S.C. 3941
through 22 U.S.C. 3943, 22 U.S.C. 3945, 22 U.S.C. 3949, 22 U.S.C. 3951, 22
U.S.C. 3981 through 22 U.S.C. 3985, 22 U.S.C. 4023, and 22 U.S.C. 4102;
(2) 5 U.S.C. 3343 and 5 U.S.C. 3581 through 5 U.S.C.
3584;
(3) Section 602 of the Agricultural Act of 1954 (68
Stat. 908; 7 U.S.C. 1762); and
(4) 31 U.S.C. 1535.
3 FAM 2422 AUTHORITY
(CT:PER-602; 05-01-2008)
(State Only)
(Applies to Foreign Service Employees Only)
The Secretary of State has delegated his or her authority
under 22 U.S.C. 3982 and 22 U.S.C. 3983 to the Under Secretary for Management
through Delegation of Authority 148-1 of September 9, 1981, as amended, and
Delegation of Authority 198 of September 16, 1992, as amended. This authority
is exercised through the Director General of the Foreign Service and Director
of Human Resources (DGHR) who is responsible for formulating and implementing
personnel policies and programs for the Department and the Foreign Service.
The Office of Career Development and Assignments (HR/CDA), administers the open
assignments system. (See 3 FAH-1 H-2420
for procedures.)
3 FAM 2423 OBJECTIVE
(CT:PER-602; 05-01-2008)
(State Only)
(Applies to Foreign Service Employees Only)
a. We have established a career development program
(CDP) (22 U.S.C. 4023) in order to help ensure, in part, that members of the
Senior Foreign Service possess the necessary skills and qualifications to carry
out their responsibilities to the Department.
b. We endeavor to maintain the most effective staffing
of positions possible within budgetary and complement limitations, consistent
with responsibilities and needs of the Foreign Service giving due regard, as
practicable, to the career interests and aspirations of Foreign Service
personnel.
c. The open assignments system is designed to engage
all Foreign Service employees directly in the assignment process by
disseminating information on all position vacancies, training programs, and
other available assignments, and offering the opportunity to compete openly for
them.
3 FAM 2424 POLICy
3 FAM 2424.1 Career Development
Program (CDP)
(CT:PER-564; 08-31-2005)
(State Only)
(Applies to Foreign Service Employees Only)
The CDP is designed to help assure that you acquire, at
each stage of your career, the experience and breadth of service that will enable
you to meet increasingly demanding standards of professional performance
associated with more senior positions in the Foreign Service.
3 FAM 2424.2 Foreign Service
Assignment
(CT:PER-746; 10-07-2014)
(State Only)
(Applies to Foreign Service Employees Only)
a. An assignment to a Foreign Service position (22
U.S.C. 3985) will be for any period of more than 6 months.
b. You are expected to serve abroad for a substantial
portion of your career in the Foreign Service. You may not serve continuously
in the United States for more than 6 years (by regulation) or 8 years (by law,
22 U.S.C. 3984) without, in either case, an extension granted by the Director
General.
c. We will also, in general, assign you to a domestic
position at least once during each 15 years (22 U.S.C. 3984).
3 FAM 2424.3 Needs of the Service
and Other Assignment Considerations
(CT:PR-837; 03-30-2017)
(State Only)
(Applies to Foreign Service Employees Only)
a. The overriding consideration in the assignment of
Foreign Service personnel, subject to all applicable statutory requirements, is
the needs of the Service as defined by the Director General. A
needs-of-the-Service determination may be based, among other things, on such
factors as critical staffing needs, service at differential posts, and the most
effective use of your experience and competencies including foreign-language
proficiency. We will make assignments, in general, in recognition of certain
management concerns including, but not limited to, the best match of personnel
resources to staffing needs, the equitable sharing of service at differential
posts, career-development and training objectives, and the cost associated with
transfer, including any curtailment. We will, in addition, provide you with an
opportunity to register your individual assignment preferences.
b. To the extent practicable and possible, and in
context of the other provisions of this section, we will consider these
preferences in the assignment process. We will also take into account, in the
same manner, other pertinent individual issues which may include, among others,
any relevant health issues affecting you or your eligible family members [EFMs]
(as defined in 16 FAM 200, Medical Examination and Clearance Procedures),
educational needs, suitable housing, personal considerations of a compassionate
nature, and EFM employment.
c. Consistent with 13 FAM 325,
paragraph a, it is each employees responsibility to ensure he or she completes
any mandatory training for assignment abroad. Accordingly, Foreign Service
employees must familiarize themselves with the training requirements contained
in 13 FAM 320,
Mandatory Training Preparatory to Going Abroad, and must satisfy those training
requirements. In addition, consistent with 16 FAM 214,
Foreign Service employees are responsible for obtaining the appropriate medical
clearance for their assignment abroad.
3 FAM 2424.4 Worldwide Service
(CT:PER-564; 08-31-2005)
(State Only)
(Applies to Foreign Service Employees Only)
Consistent with 22 U.S.C. 3901(a)(4), Foreign Service
employees are required, as a condition of employment, to accept assignment on a
worldwide basis at the discretion of the Department.
3 FAM
2424.5 Dual Nationality
(CT:PER-893; 12-11-2017)
(State Only)
(Applies to Foreign Service Employees Only)
The Department does not
permit U.S. employees to be assigned to posts in states of which they are
nationals. Should a U.S. employee wish to serve at a post in a country that
would regard the employee as a national, including through parents or grandparents
without an affirmative action by the employee, the employee should take the
necessary measures to renounce the non-U.S. nationality. This section applies
to U.S. employees who post would otherwise accredit as members of the mission
in accordance with the procedures described in 2 FAM 220, but does not apply to eligible family members.
3 FAM 2425 ANTI-NEPOTISM REQUIREMENTS
(CT:PER-893; 12-11-2017)
(State Only)
(Applies to Foreign Service Employees Only)
The legal basis for the Departments anti-nepotism
regulations are found in 5 U.S.C. 3110 and 5 U.S.C. 2302(b)(8). See 3 FAM 4100
for standards of conduct relating to anti-nepotism requirements and 3 FAM 4300
for penalties for violating that section.
3 FAM 2426 SPECIAL ASSIGNMENTS
3 FAM 2426.1 Presidential
Appointments and Assignments
(CT:PER-602; 05-01-2008)
(State Only)
(Applies to Foreign Service Employees Only)
22 U.S.C. 3942(b) provides that when a member of the
Foreign Service is appointed to any position in the executive branch by the President,
by and with the advice and consent of the Senate, or by the President alone,
the member, by accepting such assignment does not lose his or her status as a
member of the Foreign Service. Assignment procedures for these appointees are
addressed in 3 FAH-1
H-2425.8-2. However, certain special procedures may apply to such
individuals (see 3
FAM 3320 and 3 FAH-1 H-3320,
Officers Exempted from Leave Act).
3 FAM 2426.2 Assignments and
Details Outside the Department
(CT:PER-564; 08-31-2005)
(State Only)
(Applies to Foreign Service Employees Only)
a. 22 U.S.C. 3983(a) authorizes the Secretary to assign
members of the Foreign Service, with the concurrence of the agency,
organization or other body concerned, to a wide range of positions outside the
Department. Such positions include, among others, those in other Federal
agencies; international organizations; public or private organizations; and in
an office of a Member of Congress or in an office of the Congress.
b. 22 U.S.C. 2685 further addresses the length of time
a member of the Foreign Service may be assigned, detailed, or otherwise made
available to another executive agency in the context of reimbursement of the
members salary and allowances.
c. 5 U.S.C. 3343 affords the legal basis for the
detail of a member of the Foreign Service to international organizations. 5
U.S.C. 3581 through 5 U.S.C. 3584 provides the parallel authority for a
transfer. The President, by virtue of Executive Order 11552, 35 FR 13569, as
amended, has delegated to the Secretary the authority to determine whether it
is in the national interest to extend a detail or transfer beyond 5 years.
3 FAM 2427 PROCEDURES
(CT:PER-564; 08-31-2005)
(State Only)
(Applies to Foreign Service Employees Only)
Procedures governing the assignment of employees covered
under this subchapter are included in 3 FAH-1 H-2420.
3 FAM 2428 and 2429 UNASSIGNED