3 FAM 4300
DISCIPLINARY ACTION (INCLUDING SEPARATION FOR CAUSE)
3 FAM 4310
DISCIPLINARY ACTION GENERAL
(CT:PER-944; 05-15-2019)
(Office of Origin: HR/ER/CSD)
3 FAM 4311 COVERAGE
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
These regulations apply to employees as defined in the
employee definition in 3 FAM 4312 for:
(1) Department of State (DOS);
(2) U.S. Agency for International Development (USAID);
(3) U.S. Agency for Global Media (USAGM);
(4) Department of Agriculture (USDA); and
(5) Department of Commerce (DOC).
3 FAM 4312 CHAPTER DEFINITIONS
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/ USAGM /Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
Act: The Foreign Service Act of 1980, as amended, 22
U.S.C. 3901 et seq.
Administrative inquiry: An inquiry by agency
management to gather facts and information relating to an incident or
allegation that may serve as grounds for disciplinary action, conducted by
agency investigating officials.
Admonishment: A warning or caution to an employee.
Agency: The Department of State (DOS), U.S. Agency for
International Development (USAID), U.S. Agency for Global Media (USAGM), the Department of Agriculture, and Department
of Commerce or their successor agencies.
Days: Calendar days.
Deciding official: The individual who makes the
decision to admonish, reprimand, suspend, or separate for cause.
Disciplinary action: Action against an employee in the
form of a reprimand, suspension, or separation for cause.
Employee: Any U.S. citizen who is a member of the
Senior Foreign Service or who is assigned to a salary class in the Foreign
Service schedule, and who is serving under either a career or career candidate
appointment, or who is serving under a limited appointment that does not confer
career candidate status, but does not include consular agents.
Head of agency: For the Department of State, the
Secretary of State; for the U.S. Agency for International Development (USAID),
the Administrator of USAID; for the U.S. Agency for Global Media (USAGM), the Chairman of the International
Broadcasting Bureau (IBB); for Agriculture, the Secretary of Agriculture; and
for Commerce, the Secretary of Commerce.
Investigating official: A management official, an
Office of Inspector General (OIG) investigator, or security investigator or
other comparable officer in the other foreign affairs agencies who is
conducting an administrative inquiry.
Management official: A supervisor, human resource
officer, management officer, or other management official who has personal
knowledge of, or receives information relating to, an incident or allegation
that may serve as grounds for disciplinary action.
Office of Security: For the Department of State, the
Bureau of Diplomatic Security (DS); for the U.S. Agency for International
Development (USAID), the Office of Security; for the U.S. Agency for Global
Media (USAGM), the Office of Security; for
Agriculture, the Foreign Agriculture Service, Compliance Review Staff; and for
Commerce, the Deputy Assistant Secretary, Office of Security.
OIG: The Office of Inspector General within the
Department of State and comparable organizations in the other foreign affairs
agencies.
Official Performance File: The Foreign Service
official personnel file which serves as the repository for conduct and
performance-related documents for employees.
Proposing official: The management official who
proposes a reprimand, suspension, or separation for cause to the deciding
official.
Reprimand: A written official rebuke, censure, or registration
of disapproval of a specific action or actions by an employee, in writing.
Separation for cause: Separation from the Service for
such cause as will promote the efficiency of the Service under Section 610 of
the Act (22 U.S.C. 4010).
Service: The Foreign Service of the United States.
Supervisor: Any employee who either supervises work or
serves as the rating or reviewing official.
Suspension: Placement of an employee in a temporary
nonduty and non-pay status for disciplinary reasons.
3 FAM 4313 LEGAL BASIS FOR
ADMONISHMENT AND DISCIPLINARY ACTION
3 FAM 4313.1 Admonishments,
Reprimands, and Suspensions
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
a. Section 206 of the Act (22 U.S.C. 3926) and 5 U.S.C.
301 authorize the Secretary of State to prescribe regulations governing the
conduct of employees of the Department of State.
b. Section 202 of the Act (22 U.S.C. 3922) authorizes
the Administrator of the U.S. Agency for International Development (USAID), the
Director of the U.S. Agency for Global Media (USAGM), the Secretary of Agriculture, and the
Secretary of Commerce to utilize the Foreign Service personnel system with
respect to their respective agencies.
3 FAM 4313.2 Separation for Cause
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
a. Section 610 of the Act (22 U.S.C. 4010) authorizes
the Secretary of State to separate any member from the Service for such cause
as will promote the efficiency of the Service.
b. Section 202 of the Act (22 U.S.C. 3922) authorizes
the Director of the U.S. Agency for Global Media (USAGM), the Administrator of the U.S. Agency for
International Development (USAID), the Secretary of Agriculture, and the
Secretary of Commerce to utilize the Foreign Service personnel system with
respect to their respective agencies.
3 FAM 4314 GROUNDS FOR ADMONISHMENTS
AND DISCIPLINARY ACTION
(CT:PER-944; 05-15-2019)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
The following may constitute grounds for an admonishment
or disciplinary action under 3 FAM 4300:
(1) Unsatisfactory performance of duties;
(2) Insubordination;
(3) Failure to follow instructions;
(4) Breach of security regulations or revocation of an
employees security clearance;
(5) Absence without official leave;
(6) Prohibited personnel practices and/or any EEO
violation or violation of the merit principles stated in section 105 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 3901 et seq.);
(7) Any other act or activity, specifically prohibited
under 5 CFR 734 (Political Activities for Federal Employees); 5 CFR 735
(Employee Responsibilities and Conduct); or 5 CFR 2635 (Standards of Ethical
Conduct for Employees of the Executive Branch);
(8) Any other act or activity specifically prohibited
for employees of State, the U.S. Agency for International Development (USAID),
or the U.S. Agency for Global Media (USAGM) by
3 FAM 4100, in particular, 3 FAM 4138, and
for employees of Agriculture and Commerce, by the comparable Department of
Agriculture or Department of Commerce regulations;
(9) Such other cause as will promote the efficiency of
the Service; and
(10) Any misconduct that does not promote the
efficiency of the Service during or outside of established work hours.
3 FAM 4315 THROUGH 4319 UNASSIGNED