2 FAM 110 POST ORGANIZATION

UNCLASSIFIED (U)

2 FAM 100
POST MANAGEMENT

2 FAM 110

POST ORGANIZATION

(CT:GEN-610; 06-21-2024)
(Office of Origin: M/SS)

2 FAM 111 POLICY AND SCOPE

2 FAM 111.1 General Policies

2 FAM 111.1-1 Openness in Post Operations and Management

(CT:GEN-334; 12-12-2006)

a. As a matter of general policy, the Chief of Mission, the Deputy Chief of Mission, and the Principal Officer of a consular post should encourage and support the free exchange of ideas and criticism throughout the mission. Staff members are encouraged to make known their ideas and opinions on operations, management, and all other activities of the post. Persons who may conclude, after carefully weighing all views, that they cannot concur in a report or recommendation are free to submit a dissenting statement, including use of the Dissent Channel, without fear of pressure or penalty. See 2 FAM 070.

b. While staff members should make every effort to resolve differences within the mission, the policy of openness is intended to encourage candid debate, which at times may be necessary to reach a consensus on issues within a mission without appeals to the Department.

2 FAM 111.1-2 Openness in Post Operations and Management

(CT:GEN-610; 06-21-2024)

2 FAM 111.1-3 Official Contact With Foreign Governments

(CT:GEN-390; 03-05-2012)

a. Under ordinary conditions, all official contact between the U.S. government and that of a foreign country is through a diplomatic mission.

b. Subordinate Foreign Service posts are responsible for maintaining contact with the local government authorities of their districts and with representatives of other countries located in the districts.

c. Principal posts located in territories and other dependencies have the representational and contact responsibilities with respect to the local government and, in the absence of instructions to the contrary, are the sole media for official communication with local government officials.

d. All direct correspondence with foreign governments is through the diplomatic mission, except that other Foreign Service posts in the country may correspond directly with local, provincial, municipal governments, and other local authorities. The style, language, and format of any formal correspondence are prescribed in 5 FAH-1, Correspondence Handbook. Posts must send to the relevant Department office director copies of important notes between the post and foreign governments. Include English translations of documents that are in a foreign language, provided translation facilities are available at post. If not, send the documents to the Department in the foreign language, together with a brief summary, in English, of the points that are considered of immediate importance. Retirement of post copies of these notes is covered by 5 FAH-4 H-300; see also 5 FAM 430.

2 FAM 111.1-4 Recognition Policy and Post Activities During Periods of Severance of Diplomatic Relations or the Recall of the U.S. Mission

(CT:GEN-606; 04-11-2024)

a. Occasionally, changes of governments in foreign countries or other circumstances bring about the severance of diplomatic relations, the temporary or permanent recall of the U.S. mission, or reductions in the level or size of the diplomatic representation.

b. Diplomatic relations are maintained between states. A change in government, the absence of a government that has clear control, or that has obtained power through illegitimate means does not automatically result in a severance of diplomatic relations. The Department’s general policy is not to make express statements of recognition with changes in foreign governments. Thus, subject to alternative guidance, the mission in the country in which a change has occurred is instructed to continue normal contact and monitor the situation closely to determine whether the new regime has effective control over the country. Signing of new agreements or similar arrangements, or significant bilateral actions, is normally avoided during this period. Finally, after thorough review of the situation, full-scale diplomatic contacts may be continued without specific events constituting an act of recognition.

c. Consistent with this general policy, U.S. diplomatic officers should, in most cases, carry on normal activities with members of the new regime, without raising the issue of, or responding to questions concerning, recognition of governments.

d. In rare circumstances, statements of U.S. recognition or non-recognition are used to signal U.S. support for or opposition to a new government. Where the Chief of Mission (COM) has informed mission diplomatic staff that the U.S. government intends to use non-recognition as a policy tool, U.S. diplomatic officers should take no affirmative act implying recognition of a new regime. In such cases, the Department or COM will issue guidelines for handling contacts with host state personnel. In instances of civil disturbance or in other circumstances requiring protection of U.S. citizens or property, the principal officer requests action informally of the entity actually able to extend protection. In making this request, the principal officer should avoid the subject of recognition, but if the question is raised explicitly, indicate that there is no intent to recognize the group as a government.

e. In some cases, a severance of diplomatic relations or permanent or temporary recall of members of a mission may occur. In such cases, U.S. official interests may be looked after by the embassy of a friendly government acting as protecting power. In addition, as circumstances warrant, special arrangements are sometimes made to permit continuance of an official U.S. presence and diplomatic contacts for special purposes. An example is the maintenance of a U.S. Interest Section, staffed by the Foreign Service or by third-state nationals in the embassy of the protecting power. Some direct contacts can thereby continue and some business can be transacted, though on a limited basis. In such circumstances, the amount and kind of official business, and the nature of social and official contacts, will depend on instructions from the Department.

2 FAM 111.1-5 Country Clearance

(CT:GEN-606; 04-11-2024)

The President’s Letter of Instruction requires all U.S. government personnel to obtain country clearance from the Chief of Mission (COM) before entering a country on official travel. COMs may refuse country clearance, or may place conditions or restrictions, as they consider necessary. See 7 FAM 940 regarding Travel of Witnesses and Government Officials in judicial assistance matters.

2 FAM 111.2 Definitions

(CT:GEN-606; 04-11-2024)

American presence post (APP): A special purpose post with limited staffing and responsibilities. It is established as a consulate under the Vienna Convention on Consular Relations.

Branch office: An integral part of an embassy that is located at another location in the host country.

Chief of Mission (COM): The principal officer in charge of a diplomatic mission of the United States or of a United States office abroad that is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465 as amended) to be temporarily in charge of such a mission or office. See 22 U.S.C. 3902(3).

Consular agency: The office of a consular agent, who is appointed by the Secretary of State and serves under the supervision of the principal consular officer in the district.

Consular post: Any consulate general, consulate, vice consulate, or consular agency.

Consulates general and consulates: They may participate in most foreign affairs activities and vary in size and scope.

Diplomatic mission: A post, generally designated as an Embassy, maintained to conduct continuing diplomatic relations between the Government of the United States and another government.

Geographic combatant commander (GCC): Term no longer used but remains in statute and currently references a U.S. combatant commander designated with a physical area of responsibility.

Mission: Any diplomatic mission, any consular post, and/or any post maintained to conduct relations between the United States and a public international organization or other international entity.

Post: Any Foreign Service establishment maintained by the United States abroad. It may be designated as a diplomatic mission or a consular post, or given a special designation for particular purposes, such as United States Liaison Office, U.S. Interests Section, etc. Principal Officers head posts. “Principal posts” are those at the highest organization level within a particular country. “Subordinate posts” are posts of lesser organizational significance than the principal post.

Principal Officer: The officer in charge of a diplomatic mission, a consular post (other than a consular agency), or other Foreign Service post.

Special purpose post: Operates on a curtailed basis in conjunction with a larger post known as the “administrative” post.

U.S. interests section: A post in a country with which the United States does not have diplomatic relations and therefore is attached to the embassy of the protecting power.

2 FAM 111.3 Authorities

(CT:GEN-606; 04-11-2024)

a. Foreign Service Act of 1980 (Public Law 96-465) Section 207 (22 U.S.C. 3927) defines Chief of Mission (COM) authority over executive branch employees in their countries with limited exceptions, as well as the basic relationships between the Department of State and other departments, agencies, and offices of the U.S. government.

b. Foreign Assistance Act of 1961, as amended (Public Law 87-195), provides for certain members of the U.S. Armed Forces to come under the COM’s authority.

c. Diplomatic Security Act of 1986 (Public Law 99-399), inter alia, charges the Secretary with the protection of all U.S. government personnel abroad (with certain exceptions) and their accompanying dependents. It also empowers the Secretary to coordinate U.S. government personnel and establish appropriate staffing levels for missions.

d. NSDD 38 is a National Security Decision Directive (“Staffing at Diplomatic Missions and Their Overseas Constituent Posts”) that requires other agencies to obtain COM approval before changing the size, composition, or mandate of permanent positions under COM authority.

e. Foreign Affairs Reform and Restructuring Act of 1997 (Public Law 105-77) provided for the reorganization of ACDA and USIA functions within the Department of State and certain other actions concerning USAID.

f. President’s Letter of Instruction to Chiefs of Missions is a letter from the President to COMs upon assumption of office (or soon after) and charges the COM to exercise responsibility for executive branch employees in his or her country (with certain exceptions) and to protect all U.S. government personnel on official duty abroad (with certain exceptions) and their authorized accompanying dependents.

g. State-Justice-Treasury Memorandum of Understanding of 1996 outlines agreed principles with respect to the coordination of law enforcement.

h. State-Department of Defense Memorandum of Understanding of 1997 revises an earlier 1996 MOU and covers the general security of certain DOD elements and personnel not under the command of what is now referred to as a Geographic Combatant Commander. See 2 FAM Exhibit 111.3(i).

i. Department of State-Library of Congress Memorandum of Understanding (1/7/21) covers the relationship of the COM and LOC staff. See 2 FAM Exhibit 111.3(k).

j. Other authorities (statutes, Executive orders, MOUs, etc.) as applicable.

2 FAM 112 MISSION ORGANIZATION

2 FAM 112.1 Integrated Mission Structure

(CT:GEN-606; 04-11-2024)

a. The U.S. diplomatic mission and consular posts in the country form an integrated structure, usually headed by an ambassador, who is the personal representative of the President. The integrated mission structure is comprised of all U.S. agencies (except those agencies under the command of a U.S. geographic combatant commander) represented in the country, such as USAID, Foreign Agricultural Service, Foreign Commercial Service, Peace Corps, military personnel and elements, law enforcement, as well as the traditional functions concerned with political, economic, commercial, labor, consular, science, management, and related affairs.

b. The Chief of Mission (COM) determines the precise structure of the diplomatic mission and consular posts in the country, in light of local circumstances and the specific nature and scope of function assigned to the post. The COM may, for example, establish one functional section for both political and economic activities; structure consular establishments to suit local needs (including recommendations to Washington, DC, headquarters for the appointment of consular agents); and initiate requests for the consolidation of all administrative activities at post. In particular, the COM may submit requests for organizational changes requiring an increase in staff, or affecting large specialized subordinate missions, such as USAID, Department of Agriculture (Foreign Agricultural Service and Animal, Plant, and Health Inspection Service), Foreign Commercial Service, or the Peace Corps, in advance for appropriate Washington, DC, headquarters review and concurrence.

2 FAM 112.2 Decentralized Authority

(CT:GEN-606; 04-11-2024)

It is Department policy to delegate to the Chief of Mission to the extent allowed by law and Presidential directive the authority for determining the organization and administration of post activities.

2 FAM 112.3 Mission Organization in Automated Systems

(CT:GEN-562; 06-30-2020)

a. To ensure the Mission Organization is appropriately tracked, all Department of State systems used in Department missions and offices abroad, whether centralized or post created/managed, must use the Master Reference Data (MRD) standards (see 5 FAM 630). MRD supports data integrity and interoperability of automated systems, allowing the Department to better view, analyze, and manage functions throughout the organization. Examples of standardized datasets include names of agencies, posts and post sections, and domestic bureaus and offices. The data steward(s) for each data set are responsible for reviewing requests to update existing data sets with support from the Enterprise Data Management (EDM) office in M/SS. EDM will work with stakeholders and data stewards to standardize additional datasets on an ongoing basis. The information in the MRD does not limit posts’ or bureaus’ ability to describe an office outside of the automated systems. Posts and bureaus may use other terms to refer to an office or section in correspondence, on signage, business cards, or in internal or external/public materials.

b. Use of the MRD is required in all domestic and overseas Department systems whether centrally managed or administered by an individual post/mission/office. New/updated datasets must be included in any system within 3 months of a new data set being published. MRD provides updates to systems when data changes.

c. After reviewing the information in this section and the MRD standards, if an office/post believes they require an addition to Post Section or any other MRD dataset, send a request to the data steward identified in the documentation. The data steward must evaluate, approve, and enter the information into the MRD before it can be used in any Department system. The list of data stewards for each approved standard is included on the pages on the MRD platform. The MRD is available at http://mrd.state.sbu.

d. If you have further questions, contact the Enterprise Data Management team in the Center for Analytics at edm@state.gov.

2 FAM 112.4 Post Section Dataset Overview

(CT:GEN-562; 06-30-2020)

a. Definition: The Post Section dataset describes a general function, or (in some cases) an agency, that exists at a U.S. Mission or office abroad. The Post Section dataset is used in the Overseas Personnel System and other Department-mandated systems to ensure uniformity in describing functions at our Missions for purposes of analysis, data sharing, and financial and personnel management. Post sections must not describe a person, position, or title, nor, for the most part, be unique to a Mission. The Post Section dataset ensures that offices doing similar functions use the same name. While it may describe the exact title of a Post’s section, it is not required nor expected to do so. Posts with unusual section names that are performing a general function of a common activity must select the highest level/most general section name that adequately describes the activity. Additions to Post Section are rare and must be approved by GTM/EX. If after reviewing this section you are still uncertain on which section to select, send your request to the HR help desk to request guidance.

Example 1: The MRD does not include sections named ‘Office of the Ambassador’ or ‘Office of the Consul General.’ In both cases, the correct section for the highest office at a post is ‘Executive.’ The Executive section must be used for the senior position and other positions that report directly to the senior position and are considered part of the office.

b. The structure for Post Section is limited to four hierarchical divisions in the following order: Post Section, Office, Unit, Sub-Unit. For the full list of approved Post Sections available see http://mrd.state.sbu. For information on the intent of the organizational planning principles, see 1 FAM 014.5. Post must use the section name at the highest/most general level possible for the size and complexity of post. Select the name that clearly identifies the function or agency that it will represent.

c. The official or working position title will delineate the duties of a position. Constituent posts use the same sections as an embassy if the same functions are performed there.

Example 2: Position titles differentiate the discrete work done by each position. In the Embassy, the Executive Section typically includes position titles such as: Ambassador, DCM, office manager, executive assistant, chauffeur, etc. In a Consulate, the Executive Section typically includes position titles such as: Consul General, office manager, chauffeur, etc.

How to Select the Correct Post Section

d. Select the Post Section at the highest level that, in combination with the working position title, clearly identifies the function or agency the position represents, based on the size and complexity of post. Posts must use existing section names unless the section is highly unique, complex and/or has 50 or more positions. The exact section name identified on an employee’s assignment may not exist in the MRD, particularly if it came from another agency or is specialized for post. The information below provides guidance for you to determine the appropriate section. If after reviewing this material you are still in doubt about which post section to use or you have questions, contact the EDM office at edm@state.gov.

e. The employee’s hiring agency does not automatically identify what section that position belongs in. There is no requirement to have all positions from the same agency in the same section. The function of the position, the NSDD-38 request, and/or any explanation of duties on the orders may be used to determine the section.

Example 3: Sections may have positions from different agencies, such as the Office of Defense Cooperation. Other sections may have positions from just one agency, such as the Center for Disease Control.

Example 4: A U.S. Marine may be assigned to various sections depending on where the position is located. Post must review the assignment orders to determine where to assign the individual. All Marine Security Guards assigned to the Mission’s detachment are typically assigned to Post Section 560600. Listed below are several other sections that a Marine may be assigned (this is not a complete list):

560600 Regional Security Office/United States Marine Security Guard Detachment

650100 Department of Defense/Defense Attaché

435633 Regional/Diplomatic Security/Marine Corps Embassy Security Group

460100 Bilateral partnership/North Atlantic Treaty Organization

f. Posts may use one section name regardless of how many positions it contains. Selection of an office, unit, or sub-unit (the levels below Section) is not required. Post management must use the fewest section names possible that adequately describe the work being performed. A function with less than 20 positions will typically use one section name and may have up to two subsections at any given level of the hierarchy provided the diversity of the activity requires it.

Example 5: All consular positions providing immigrant and non-immigrant visa services, anti-fraud work, as well as American Citizen Services, use the Consular section, whether the section has one position or 100. The position title further describes the duties of each employee. There are only three separate office names for consular functions:

300000 Consular

300200 Consular/Federal benefits

300500 Consular/Agency

g. The selection of a post section does not require or imply a certain chain of command. Supervisory span of control is determined separately. Additionally, the COM has the authority to direct, supervise, and coordinate all employees under COM authority. Regardless of the supervisory chain of command, the function must be listed under the appropriate section, office, unit, or sub-unit.

Example 6a: Missions may have several, discrete regional functions. The Regional section list identifies all positions that have regional duties, which are defined as having a supervisory chain in the United States, rather than at post, as posts have positions that provide limited regional services. A post may use the highest-level section ‘Regional’ for a regional analyst office. The same post may then select the ‘Regional/Training’ section for a position that provides that service. Selection of a sub-section or office does not imply that the regional/training office reports to personnel in the Regional section. Supervisory control is determined by Post and the domestic office that owns the position. A small post with only one position occupied with regional duties may use the highest-level designation ‘Regional’ or select an office level unless an office, unit or subunit designation is appropriate, such as placing an EST position in the Regional/Environment Hub section.

430000 Regional

432400 Regional/Environment Hub

433000 Regional/Consular

Example 6b: Some positions and offices at a mission use the term ‘regional’ but are a part of the mission proper and supervised at post, including the Regional Security and Regional Medical Officer and staff. Positions that use the title ‘regional’ but are supervised at post rather than having a supervisory chain in the U.S. must not use the “Regional” sections. Select instead the section that identifies the function at post. Regional Security Officers and staff will be in 560000 Regional Security Section or one of the offices under it. The Regional Medical Officer and staff are in section 500600: Management/Health Unit

Example 7: Regardless of the supervisory chain of command at a post, the existing section must be used. The use of a section does not imply that the activities are supervised by the higher-level office or section. Grounds and Janitorial functions are shown as a subsection of Facilities Management. Travel is shown as a sub-section of General Services. However, at some posts these functions are supervised by other offices. Post may select the appropriate supervisor for each position/section when entering data into HR’s Overseas Personnel System, regardless of the section title.

500000 Management

500150 Management/Facilities management/Grounds and Janitorial

500250 Management/General Services/Travel

Example 8: Most international organizations have standardized office names under the section 460000 Bilateral Partnership. See the MRD at http://mrd.state.sbu for the complete list.

h. If there is no sub-section/unit that exactly describes the function of the position(s) assigned to post, use the general section name that most adequately describes the activity.

Example 9: If a Post has an unusual/unique activity, use 450000 Exceptional Activities. If a post has a unit to support a neighboring post (e.g., a post is closed and personnel have been assigned to a nearby post to manage ongoing activities), use 440000 External Support. The position working title may be used to explain the specific function.

2 FAM 113 MISSION FUNCTIONAL RESPONSIBILITIES

2 FAM 113.1 Chief of Mission and Principal Officer

(CT:GEN-606; 04-11-2024)

a. Each U.S. diplomatic mission is under the direction of a Chief of Mission (COM), who is an ambassador, chargé d’affaires, or charge d’affaires ad interim of the United States and the official spokesperson to the government to which he or she is accredited. Under the direction of the President and the general supervision of the Secretary of State, and with the support of the appropriate regional assistant secretary, the COM is in charge of the U.S. diplomatic mission and consular posts in the country and supervises all of their activities. The COM’s authority encompasses not only employees of the Department of State, but rather all U.S. government executive branch activities, operations, and employees (except for activities, operations, and employees under the command of a U.S. Combatant Commander personnel on the staff of an international organization and performing the functions of that organization, and Voice of America correspondents on official assignment) in the country. (See also 1 FAM 013.2.) U.S. Missions to International Organizations (IOs) may also be under the direction of a COM. IO COMs' authority extends to all U.S. government employees assigned to the Mission to the IO, with the same exceptions as for COMs leading diplomatic missions. IO COMs should coordinate with the bilateral COM in their country on matters of mutual interest. See 2 FAH-2 Exhibit H-114 for detailed guidance to address complexities in areas with multiple COMs.

b. While differences in emphasis at various posts will occur, depending on the size and number of posts and the dynamics of the particular country, COMs, under the general supervision of the Secretary of State, perform a wide range of functions. These include, but are not limited to:

(1) Representing the interests of the United States in relation to foreign countries and international organizations and performing the functions relevant to their appointments and assignments, including giving special attention to opening and expanding markets for U.S. exports; to halting arms proliferation and preventing, resolving, and containing conflict and countering terrorism and international crime; to upholding basic human rights principles; and to promoting international cooperation to address global problems, including the environment and population, narcotics production and trafficking, refugees, migration, and humanitarian assistance;

(2) Having full responsibility for the direction, coordination, and supervision of all U.S. government executive branch employees in that country (except for employees under the command of a U.S. Combatant Commander, Voice of America correspondents on official assignment, or U.S. government executive branch personnel officially on the staff of an international organization and performing the duties of that organization);

(3) Keeping fully and currently informed with respect to all activities and operations of the U.S. government within that country and ensuring that all U.S. government executive branch employees in that country (with the aforementioned exceptions) comply fully with all applicable COM directives;

(4) Managing all U.S. executive branch resources (with the aforementioned exceptions) in country, including deciding on formal requests from all U.S. agencies for any change in the size, composition, or mandate of staffing under Chief of Mission authority, and establishing an effective system of internal controls to prevent waste, fraud, and mismanagement;

(5) Developing policies and programs for the protection of all U.S. government employees on official duty abroad and their accompanying dependents (other than those personnel for whom the Secretary of State has delegated operational control of overseas security functions to the head of their parent agency pursuant to 22 U.S.C. 4805, those personnel under the command of a U.S. combatant commander who has been designated with a physical area of responsibility , Voice of America correspondents on official assignment, U.S. government executive branch personnel officially on the staff of an international organization and performing the duties of that organization, or the authorized accompanying dependents of any of these personnel);

(6) Maintaining close relations with officials of host government departments, particularly those responsible for activities of major interest to the United States;

(7) Under the direction of the Secretary, making representations to obtain support for specific U.S. policies or positions and dissuading foreign governments from courses of action contrary to U.S. interests;

(8) Negotiating, concluding, and terminating treaties and agreements pursuant to the Circular-175 process [11 FAM 720] and reporting any significant concerns regarding implementation of or compliance with existing agreements or treaties;

(9) Observing, analyzing, and on a highly selective basis, reporting significant political, economic, and societal developments occurring abroad;

(10) While keeping appropriate, systematic contact with all significant elements, maintaining a coordinated effort to establish relations with potential leaders from all levels of society, including those outside the power structure, with a view to ensuring an accurate U.S. understanding of the society and of possible social, economic, and political change;

(11) Estimating the effects, which might be anticipated locally, from implementing alternative U.S. policy programs currently under consideration;

(12) At the discretion of the post or at the direction of the Department, making recommendations to the Department on possible courses of action and counseling as to which U.S. programs abroad are necessary and feasible to implement the chosen policy and which should be abandoned or modified in the light of changed circumstances;

(13) Assisting U.S. citizens abroad;

(14) Briefing U.S. officials and citizens on conditions in the host country and assisting foreign officials and citizens in planning visits to the United States;

(15) Maintaining liaison with international organizations and other international entities or their representatives operating in the host country and reporting on their activities, especially where there is no direct U.S. representation;

(16) Obtaining clearances for visits of U.S. naval vessels, scientific expeditions, merchant marine training ships, government aircraft, etc.;

(17) Attending local official and unofficial ceremonies and performing representational activities; and

(18) Performing special duties or activities as directed.

2 FAM 113.2 Deputy Chief of Mission

(CT:GEN-334; 12-12-2006)

The Deputy Chief of Mission (DCM) generally serves as alter ego to the Chief of Mission. The DCM assists in defining broad program needs in the country or with respect to the international organization and develops plans by which the total coordinated U.S. activity will most effectively meet those needs.

2 FAM 113.3 Designated Officers

(CT:GEN-413; 09-12-2013)

a. Post management will designate officers to fulfill specific functions. The appropriate officers make these designations by written memorandum in accordance with the instructions given in the Foreign Affairs Manual and inform the appropriate offices at Washington, DC, headquarters. Designations vary from post to post; at one post an officer or employee may be designated to perform more than one function, whereas, at another post, there may be no need for a particular function. A list of designated officers for specific post responsibilities is given as 2 FAM Exhibit 113.3. The list does not include designations of special need to the post’s principal officer.

b. In the fulfillment of representational and reporting functions, many posts have found it useful to designate an officer with responsibility for the coordination of key programs, including:

(1) Biographic information coordinator: A biographic coordinator will serve as the point of contact for requests from the Department’s Bureau of Intelligence and Research (INR) and other U.S. agencies for information on the character, abilities, and views of foreign nationals of interest to U.S. Government officials. Posts should maintain a central biographic file that serves as a focal point for the information and contributions of all officers at the post on foreign nationals, official or private, who directly or indirectly influence domestic and foreign policy in their countries; and

(2) Maps and publications officer: The Department and other agencies have a continuing interest in acquiring newspapers, magazines, books, maps, and related material that provide insight into the politics, economy, society, and geography of foreign countries. Posts should assign an officer to coordinate requests from INR and other U.S. agencies for such maps and publications. INR maintains a map fund at each post, and other requesting agencies should provide sufficient funding to cover the cost of acquisition and shipping the material.

2 FAM 113.4 Human Rights Officers

(CT:GEN-606; 04-11-2024)

a. Each mission should designate a human rights officer. The duties of human rights officers include:

(1) Preparing the annual Country Report on Human Rights Practices;

(2) Reporting on significant human rights matters;

(3) Explaining and discussing U.S. human rights policy to the host government and other inquirers; and

(4) Preparing the annual country report on International Religious Freedom, which reports on the status of religious freedom in the country, violations of religious freedom in the country, as well as U.S. government policies and efforts in support of religious freedom in the country and other areas of concern as outlined in the International Religious Freedom Act of 1998 - as amended by the Frank R. Wolf International Religious Freedom Act of 2016.

b. There is also a flow of Department guidance to various missions on issues in which human rights is a significant consideration. The amount of such guidance may be substantial for some missions. This guidance is generated by the geographic and functional units of the Department including the Bureau of Democracy, Human Rights, and Labor (DRL), as well as other functional and regional bureaus, and may reflect input from the Office of the Under Secretary of State for Civilian Security, Democracy, and Human Rights (J).

2 FAM 113.5 Regional Consular Officers

(CT:GEN-556; 04-10-2020)

a. The primary function of a regional consular officer (RCO) is to provide support, training, and guidance to small- and medium-sized consular sections, and ensure that strong management controls are in place to detect and deter malfeasance or misfeasance. The RCO, an experienced consular officer, advises these officers on the full range of consular issues, from section management to the processing of complicated visa, special citizen services, or passport cases. The RCO acts primarily as a mentor, advisor, and trainer to the consular staff, rather than as a supervisor or inspector. The supervisory RCO rates the RCOs, and the Senior Advisor in CA/EX reviews RCO evaluations.

b. RCOs carry out their duties primarily through visits to posts, although consular officers at RCO posts are encouraged to remain in touch with their RCO as necessary by telephone, e-mail, and instant messenger. The RCO visits most posts twice per year. The RCO prepares a trip report after each trip and distributes it to CA/EX, CA directorates, and senior bureau leadership.

c. The Department may on occasion ask an RCO to make a special visit to a post to address a particular consular emergency.

d. RCO travel is funded by CA/EX, either directly or by allotment through post MRV funds.

2 FAM 113.6 Attachés of Specialized Agencies

(CT:GEN-339; 10-17-2007)

Attachés and their staffs assigned by the respective agencies perform their activities under the general direction of the Chief of Mission.

2 FAM 113.7 Community Liaison Office (CLO)

2 FAM 113.7-1 Policy and Scope

(CT:GEN-561; 06-10-2020)

a. It is the policy of the Department of State to establish and maintain Community Liaison Offices (CLOs) at posts where there are 50 or more official U.S. community members. The Family Liaison Office (GTM/FLO; see 1 FAM 232.1) may also grant approval for a CLO at smaller posts where isolation, lack of community recreational facilities, or other difficult living conditions make the operation of a CLO important.

b. The Family Liaison Office sets policy for and manages the CLO program. GTM/FLO maintains contact with CLO Coordinators at posts abroad, providing information and support and obtaining information about community concerns at posts.

2 FAM 113.7-2 General Provisions

(CT:GEN-561; 06-10-2020)

a. The Community Liaison Office Coordinator (also called a CLO) at Foreign Service posts abroad works with U.S. personnel and family members to offer morale-enhancing programs and services at post, including addressing the community’s concerns on security, education, housing, employment and other quality of life issues. As a member of the management section, the CLO assists individuals in adjusting to the post environment; identifies the needs of the U.S. mission community; and responds with appropriate service, information, and referrals. The CLO advises post management on community matters and functions as a resource for employees and family members at post. The Family Liaison Office is the functional office for the CLO program and must be consulted on all matters pertaining to the program or the Community Liaison Office Coordinators. Posts should include GTM/FLO as an information addressee on all cable traffic between posts and other Department offices concerning CLO operations or the Coordinator positions. GTM/FLO regularly provides training, guidance on programs and staffing, resource materials, and advocacy support.

b. Funding for the CLO position and routine office expenses is from the post’s ICASS budget. (See 6 FAH-5, ICASS Handbook.) CLO program activities may either be self-supporting or funded by community welfare associations or committees.

c. CLO Coordinators handle post’s non-official community funds through:

(1) The services of a community recreation/welfare association; or

(2) The establishment of a local bank account. All accounts should be in the name of the Community Liaison Office and handled in accordance with generally accepted accounting procedures and guidance as necessary from the post Financial Management Officer.

(3) When neither option (1) or (2) is available, posts should contact GTM/FLO for other possible solutions.

2 FAM 113.7-3 Establishing a Community Liaison Office

(CT:GEN-561; 06-10-2020)

a. The post initiates the establishment of a Community Liaison Office. The post sends the request by cable to both GTM/FLO, which ensures that the request is consistent with general provisions, and the geographic bureau, Bureau of International Organizations (IO), or appropriate management support office for assurance that funding and full-time employees (FTEs) are available and authorized. If both GTM/FLO and the bureau approve the request, the bureau notifies the post to proceed with advertising the position. The post must advise GTM/FLO of any changes in the position status, such as part-time to full-time or single Coordinator to co-Coordinator.

b. The CLO Coordinator occupies a sensitive position, which requires a Top Secret security clearance to enable full performance of the duties of the position. Additional guidance and current policies on CLO staffing options are available from GTM/FLO.

2 FAM 113.7-3(A) Eligibility

(CT:GEN-561; 06-10-2020)

The applicant must meet the definition of a U.S. Citizen Family Member (USEFM) or Appointment Eligible Family Member (AEFM) and must be able to obtain a Top Secret security clearance. GTM/FLO policy is that any relative of the ambassador, chief of mission, deputy chief of mission, principal officer, or deputy principal officer is not eligible to hold the position of CLO Coordinator. Any exceptions to this policy must be approved by GTM/FLO. Post must also consider nepotism and other conflict-of-interest regulations in the selection process for the CLO Coordinator and in the assignment of the supervisory relationship as outlined in 3 FAM 8300.

2 FAM 113.7-3(B) Staffing

(CT:GEN-561; 06-10-2020)

a. The CLO Coordinator is either an AEFM hired on a Family Member Appointment (FMA) in accordance with 3 FAM 8200 and subject to the availability of FTE or a USEFM hired on a Personal Services Agreement (PSA).

b. A standard position description is available from the Family Liaison Office (GTM/FLO) or on the GTM/OE website. The standard position description must be used for the CLO Coordinator position; no changes may be made to the standard position description without approval from GTM/OE.

c. The CLO position may be staffed with a full-time or part-time employee with a regular work schedule.

d. The CLO Coordinator is supervised by a Foreign Service Officer, usually the management counselor or management officer, unless nepotism considerations prohibit this arrangement. The CLO meets at least quarterly with the deputy chief of mission and/or the chief of mission to report on community matters.

2 FAM 113.7-3(C) Selection

(CT:GEN-561; 06-10-2020)

a. CLO Coordinators are selected by the post in accordance with established family member employment policy (see 3 FAM 8200). The geographic bureau or IO, in consultation with GTM/FLO, authorizes the final employment decision.

b. The post management/human resources officer reviews applications for the position and forwards the applications of candidates who meet the minimum qualifications as listed on the vacancy announcement to the post employment committee. Since the CLO serves family members as well as employees, family members (including the incumbent CLO) may be added to the post employment committee for the selection process. The post employment committee collectively interviews all eligible and qualified candidates as determined by post management/human resources, selects, consistent with any hiring preference, the best-qualified candidate, and forwards the name to the Chief of Mission for final approval. The bureau, in consultation with GTM/FLO, is the final authority on hiring for the CLO and makes the final salary determination.

2 FAM 113.7-4 Responsibilities of Community Liaison Office Coordinators

(CT:GEN-561; 06-10-2020)

CLO duties are flexible and should be formulated and prioritized by post management according to its own circumstances, within the following guidelines. Particular responsibilities of the CLO will vary according to the hours designated, but the following areas should receive attention:

(1) Welcoming, orientation, and departures. The CLO facilitates adjustment to the local environment by providing assigned personnel and family members with information about the post and surroundings, coordinating sponsorship programs, and contributing to orientation program activities; the CLO also provides assistance with departure from post;

(2) Liaison with mission and community. In support of post’s needs, the CLO maintains contact with post groups and offices, as well as host country and extended community organizations. Liaison should include visits to offices and facilities and participation on mission boards and committees, i.e., Country Team, Emergency Action Committee, Post Employment Committee, and the Employee Association; the CLO represents community concerns to management and assists with resolution;

(3) Events planning. The CLO develops and implements relevant programs for all segments of the post population by coordinating educational, cultural, and recreational, activities;

(4) Communication and outreach. The CLO maintains readily available resources and information on the post, the host country, family member employment, education, security, re-entry to the United States, and other pertinent matters for use by employees and family members. The CLO is required to prepare and send to GTM/FLO the semi-annual CLO Activity Report. He or she also contributes to the Family Member Employment Report and should complete other surveys requested by GTM/FLO and the Office of Overseas Schools (A/OPR/OS);

(5) Guidance and referral. The CLO advises individuals and groups, utilizing available resources and, within the bounds of FLO’s established CLO confidentiality policy, refers clients to other post or Washington, DC offices. CLO should be provided office space that will accommodate private, sensitive conversations.

(6) Crisis management and security. The regional security officer (RSO) is the primary security authority at post. However, the CLO has an important role in providing communication to community members and functions as part of the post’s crisis management team. The CLO assists with community and personal contingency planning, including hosting annual preparedness workshops, in consultation with the RSO, for the community. The CLO alerts post management to specific security-related concerns of community members. The CLO should be a member of the Emergency Action Committee (EAC) and have a defined role in the Emergency Action Plan (EAP), with emphasis on communication to the mission community, especially the family members, including rumor control. Whether a crisis affects the entire community or an individual, the CLO ensures that emergency information is available to the entire mission community; helps to ensure that victims are receiving the support they require; and that the post attends to mission community needs in the aftermath, to the extent it is able;

(7) Education. The CLO maintains liaison with schools used by mission families and is attentive to issues related to dependent education. Office resources include local and U.S. educational references, regulations, and continuing education materials. When necessary, the CLO refers client information requests to GTM/FLO; and

(8) Employment. The CLO promotes family member employment opportunities within the mission and on the local economy. Using GTM/FLO and post’s resources, the CLO coordinates with the post human resources/management officer and regional Global Employment Advisor (GEA) to facilitate eligible family member (EFM) employment. The CLO serves on the post employment committee.

2 FAM 113.8 Duty Officer Guide

2 FAM 113.8-1 General

(CT:GEN-606; 04-11-2024)

a. Each post compiles and maintains on a current basis a guide that affords assistance to duty officers in matters beyond the scope of their service experience or usual duty assignment. The duty officer guide and accompanying log may be in either electronic or paper format. The management office should keep a backup copy. The guide contains brief, concise instructions, advice, and reference citations covering internal and external problems or situations that may arise during tours of duty.

b. The guide is not a static reference book. It is meant to portray the post as it actually exists at the time of the current tour of duty. The guide is neither a panacea for all problems nor a substitute for level-headedness or imaginative handling of a difficult situation.

c. This FAM entry applies to the post duty officer as defined in 2 FAM 115.3-1. In addition to the post duty officer, post may designate section or agency-specific duty officers for specific portfolios and responsibilities.

d. The Chief of Mission (COM) has the authority to determine duty officer policies throughout the mission, including for constituent posts. The COM may delegate this authority to Principal Officers (PO) at constituent posts, if appropriate:

(1) The COM (or PO as delegated by the COM) has the authority to assign all U.S. personnel at post under COM authority to serve as duty officer, including, but not limited to Senior Foreign Service positions, specialists, eligible family members employed inside the mission, and personnel of other U.S. government agencies;

(2) Depending on the size of the post and availability of personnel to serve as duty officers, the COM may excuse select personnel from the duty roster, if they are on a separate section or agency duty roster that is published and provided to the Marine Security Guards for 24/7 coverage;

(3) For smaller posts, the COM (or principal officer as delegated by the COM) may elect to include all available U.S. personnel on the duty officer roster regardless of additional section or agency duty status;

(4) Locally employed staff and third-party contractors may not serve as a post duty officer;

(5) U.S. personnel serving as post duty officers may be compensated with overtime pay or compensatory time off for work performed, to be paid for by their employing agency. See Overtime Quick Reference Chart; and

(6) The duty officer is a critical link between Washington and post. If necessary, all eligible personnel are expected to serve in a duty rotation at post. Duty officers must be prepared to provide the initial response to the broad range of inquiries that involve the U.S. government in overseas locations, as issues addressed are not exclusively related to Department of State equities.

d. If Post includes employed eligible family members on its duty roster, Post must develop and provide training activities for duty officer responsibilities to those who require it.

2 FAM 113.8-2 Responsibility for Maintenance

(CT:GEN-339; 10-17-2007)

The management office develops and maintains the guide. Each operating section at the post, however, has a continuing obligation to keep its portion of the book up-to-date at all times.

2 FAM 113.8-3 Contents

2 FAM 113.8-3(A) Post Functions

(CT:GEN-339; 10-17-2007)

a. Pertinent information and references concerning each phase of a post’s activities, such as management, commercial-economic, consular, political, and public diplomacy, are presented in the guide. This includes appropriate information concerning other agencies that may have representatives at the post.

b. Include duty rosters and keep the information up to date.

2 FAM 113.8-3(B) Host-Country Information

(CT:GEN-390; 03-05-2012)

Apart from the material assembled to inform, anticipate, and cope with matters bearing on a post’s assigned functions and responsibilities, some posts might desire to include in the duty officer guide items peculiar to the host nation, its people, its customs, or its national and other government offices and their personnel, which might prove useful to the duty officer.

2 FAM 113.8-3(C) Security Factors

(CT:GEN-461; 09-06-2016)

In accordance with 12 FAM 540, the guide should bear an appropriate security classification or administrative control designation. Where indicated, a separate guidebook may be established to safeguard classified matters properly. The latter, while being readily accessible to the duty officer, must be secured at all times. Conversely, the non-classified guide should be available to the duty officer when away from the normal duty station, in the duty officer’s quarters, etc.

2 FAM 113.8-3(D) Special Instructions

(CT:GEN-339; 10-17-2007)

Additional instructions, possibly of a one-time or temporary nature, affecting the duty officer during his or her tour, are part of the guide until the requested action is taken or otherwise satisfied.

2 FAM 113.8-4 Duty Officer Guide Format

2 FAM 113.8-4(A) Index

In order to facilitate the use of the duty officer guide and to provide immediate assistance to the duty officer, the guide must have a thoughtfully prepared index. Use easily-understood terms keyed to the text. The index should refer to points or sources not solely contained in the guide itself (as should the text). (See 2 FAM 113.8-4(D), on Appendices.)

2 FAM 113.8-4(B) Operating Areas

(CT:GEN-339; 10-17-2007)

a. Under each major function, such as management, commercial-economic, consular, political, and public diplomacy, use simple columnar headings labeled “Problems,” “Action Indicated,” and “Other Guidance”. Under these headings, make appropriate entries to provide the duty officer with needed information, instructions, and possibly background. An illustrative entry for “Management”, for example, might read:

(1) Problem: Civil disturbance or forced entry of official buildings (including private residence of U.S. personnel); and

(2) Action indicated: Secure post communications center and classified documents. Notify Marine security guard (MSG), security officer, principal officer, and other specified officers (list telephone numbers). If appropriate, call chief of police or other local security official.

b. For other guidance, see 2 FAM 225, 7 FAM 400, and 12 FAH-1.

2 FAM 113.8-4(C) Non-State Functions

(CT:GEN-339; 10-17-2007)

a. Other U.S. government agencies stationed at the post are described in general in the guide. In any event, key personnel (with address and telephone listed) are named. In some instances, other agencies have a duty officer assigned, with an actual referral point indicated.

b. Included in this section could be information concerning the host country that might prove of value.

2 FAM 113.8-4(D) Appendices

(CT:GEN-339; 10-17-2007)

While not a physical part of the guide, a number of appendices referred to in the index should be readily accessible. These are:

(1) Post telephone listings or directory;

(2) Foreign Affairs Manual (and Foreign Affairs Handbooks);

(3) Post security regulations;

(4) Emergency Action Plan; and

(5) Maps.

2 FAM 113.8-5 Duty Officer Log

(CT:GEN-339; 10-17-2007)

A daily or weekly log is maintained by the officer for non-routine matters arising during the tour of duty, and an account is kept of the action taken. The management office normally maintains a file of the duty logs for an appropriate period of time.

2 FAM 113.9 Principal Officers at Subordinate Foreign Service Posts

(CT:GEN-390; 03-05-2012)

Principal Officers of subordinate Foreign Service posts are responsible for the effective organization, operation, and supervision of programs within their jurisdiction. Under the supervision and guidance of the Chief of Mission, they:

(1) Direct, coordinate, and supervise post resources;

(2) Maintain contact and communicate with local officials and representatives of other countries and represent the United States in local ceremonies and affairs (principal officers are the senior representative of the United States within their district; they are outranked only when the chief of the diplomatic mission, or the mission’s chargé, is officially present within the district);

(3) Maintain a coordinated effort within the district and with the diplomatic mission to establish relations with potential leaders from all levels of society; and

(4) Prepare and submit reports on major global, political, economic, commercial, and societal issues and developments to the supervisory mission and, if appropriate, the Department.

2 FAM 114 REGIONAL OFFICES

2 FAM 114.1 Administration

(CT:GEN-606; 04-11-2024)

a. Regional offices and U.S. executive branch employees, with limited exceptions, are subject to the authority of the Chief of Mission (COM) in the country where they are assigned and must obtain COM approval for other countries to which they travel on official temporary duty. This administrative direction normally will be exercised through the management officer or other officer designated by the COM. Since regional offices generally serve as extensions of functional offices in the Department, their program assignments are made by the Department through the COM.

b. Resident posts provide administrative support on the same basis as support provided to other personnel assigned to the posts.

2 FAM 114.2 Security

(CT:GEN-296; 10-01-1999)

Security regulations are found in 12 FAM, Diplomatic Security. See 12 FAM 400, Post Operations, for regional security officer responsibilities. See also 12 FAM 300, Physical Security Programs.

2 FAM 114.3 Bureau of Overseas Buildings Operations Project Directors

2 FAM 114.3-1 Locations

(CT:GEN-556; 04-10-2020)

The posts at which Bureau of Overseas Buildings Operations (OBO) project directors are stationed vary considerably from year to year, since such positions are established only where major OBO construction projects are in progress.

2 FAM 114.3-2 Responsibilities

(CT:GEN-556; 04-10-2020)

a. The primary responsibility of project directors is to the Bureau of Overseas Buildings Operations (OBO) for proper management of construction contracts (details of these responsibilities are outlined in the Department of State’s Bureau of Overseas Buildings Project Director’s Guidebook). The rating and reviewing officers for the project director’s employee evaluation report (EER) will be the Office of Construction Management (OBO/CFSM/CM). The management officer will provide input.

b. On the basis of availability, a project director at post may be assigned collateral or temporary duties for determination or advice on: site acquisition; improved property acquisition, disposal of real property, repairs to buildings and utilities; minor improvements to real property; alterations to real property; receiving, installation, and/or acceptance of furniture and furnishings; operation and maintenance of buildings; and utilities on all U.S. Government-owned or long-term leased property for which OBO is responsible.

c. Duties similar to those may be assigned to a project director for matters relating to other U.S. Government agencies and on short-term leased property when applicable.

NOTE: The extent of the foregoing responsibilities may vary in accordance with the project director’s technical skills and expertise.

2 FAM 114.4 Courier, Mail, and Pouch Operations

2 FAM 114.4-1 Bureau of Diplomatic Security, Diplomatic Courier Service

(CT:GEN-390; 03-05-2012)

Courier regulations are found in 12 FAM, Diplomatic Security. See:

(1) 12 FAM 100, Courier Operations;

(2) 12 FAM 536.9, Transmitting Classified Information; and

(3) 12 FAM 557, Administrative Actions.

2 FAM 114.4-2 Bureau of Administration

(CT:GEN-339; 10-17-2007)

Regulations pertaining to mail and pouch operations are in:

(1) 5 FAH-1 H-436.2, Diplomatic Pouch Mail;

(2) 14 FAH-4, Pouch and Mail Handbook;

(3) 12 FAM 100, Courier Operations; and

(4) 12 FAM 500, Information Security.

2 FAM 114.5 Regional Information Management Centers (RIMCs)

(CT:GEN-476; 10-04-2017)

Roles and responsibilities pertaining to Regional Information Management Center operations are now in:

(1) 1 FAM 277; and

(2) 5 FAH-2 H-125

2 FAM 114.6 Logistics Management Regional Offices

(CT:GEN-549; 04-12-2019)

Regional offices of logistics management are located in Antwerp (European Logistical Support Office, ELSO), Belgium; Frankfurt, Germany; Tokyo, Japan; and Singapore. A director manages each office.

2 FAM 114.6-1 European Logistical Support Office (ELSO)

(CT:GEN-390; 03-05-2012)

a. The European Logistical Support Office (ELSO) is a transportation field office and foreign extension of the Office of Logistics Management (A/LM). The Director of ELSO is under the administrative direction of the Ambassador, Brussels, but under the operational direction of the Office of Logistics Operations’ Director of the Regional Logistics Center (A/LM/OPS/RLC).

b. ELSO:

(1) Acts as a consolidation and transshipment point, receiving freight of all kinds, storing it, and redistributing it as required;

(2) Directs the transportation support for the Department and other U.S. Government agencies for EUR, NEA, and AF posts;

(3) Directs traffic management research and conducts transportation studies for the Office of Logistics Management, other offices within the Department of State, and other U.S. Government agencies;

(4) Negotiates rates and provides a competitive foundation for allocating traffic through the use of tenders of service, letters of agreement, contracts, and other competitive devices;

(5) Maintains a close liaison with posts served, providing transportation advice, on-site assistance, and other support as required;

(6) Administers the contract providing for receiving and long-term storage, and monitors contract performance;

(7) Manages an in-house budget and fiscal operation; maintains its own computer programming initiative; and provides its own communications capability; and

(8) Manages a stock operation (Expedited Logistics Program) that prepositions official supply items at Antwerp for expeditious draw-down by posts in AF, EUR, and NEA.

2 FAM 114.6-2 Regional Procurement and Support Office (RPSO) Responsibilities

(CT:GEN-549; 04-12-2019)

a. The Regional Procurement and Support Office is located in Frankfurt (RPSO/F). Each comes under the administrative direction of the chief of mission through the management officer. A director manages each office. The offices receive immediate policy and technical direction from the Director, Office of Acquisition Management (A/OPE/AQM).

b. Each RPSO (except as noted):

(1) Interprets policies, regulations, and administrative procedures on procurement, and, with or through the contract specialist, provides guidance and technical information to the requester;

(2) Supervises A-76 reviews and procurements in accordance with the Department’s implementation plan;

(3) Arranges for conducting inspections of facilities to be utilized during the performance of contracts and assesses the resources of a potential contractor to determine if the contractor is in a position to perform according to the terms and conditions of the contract;

(4) Assists posts in difficult or complex procurements, negotiations, or disputes;

(5) Arranges pre-negotiation meetings with members of negotiating teams and schedules negotiation sessions with prospective contractors to reconcile conflict or disagreement for the purpose of reaching a reasonable agreement;

(6) Plans and conducts conferences with leading representatives of commercial suppliers, educational institutions, and Department representatives on contract matters;

(7) Establishes and develops contacts with prime suppliers and manufacturers, professional societies, and groups to be apprised of general trends in industry, new supply sources, price trends, and market conditions for more effective support of the various logistic programs of the Department;

(8) Negotiates price agreements and delivery schedules for a variety of equipment and commodities; and

(9) Prepares and distributes brochures, catalogs, and other publications on merchandise available through the RPSO.

c. RPSO/F also:

(1) Directs procurement and shipment of medical supplies with the Department of Defense medical depot in Germany; and

(2) Assists Embassy Berlin in the formulation and execution of procurement and contract plans for the Federal Republic of Germany and supervises the embassy’s procurement functions.

2 FAM 114.7 Special Regional Assignments

(CT:GEN-334; 12-12-2006)

a. The Department may make individual assignments carrying responsibility for specialized activities on a regional basis.

b. The terms of reference should be clearly stated in a circular communication to all posts concerned, with special mention of any departure from normal lines of command and communications.

c. In no instance should a special regional assignment remove an employee from general administrative supervision of the chief of mission where the employee is assigned. For further information, see 3 FAM 2420 for assignment, supervision, and management support of regional personnel.

2 FAM 114.8 Regional Environmental Hubs

(CT:GEN-307; 08-14-2003)
(State Only)

Regional environmental offices, commonly referred to as hubs, are located in designated embassies around the world. Hub officers advance U.S. interests on regional trans-boundary environmental issues with the aim of promoting regional environmental cooperation and promoting the adoption of sound environmental policies. The Bureau of Oceans and International Environmental and Scientific Affairs (OES) and the appropriate regional bureaus in the Department provide guidance. Each hub comes under the administrative direction of the chief of mission through the post’s management officer.

2 FAM 115 OFFICE HOURS, HOLIDAYS, AND EMERGENCY SERVICES

2 FAM 115.1 Office Hours

(CT:GEN-492; 01-17-2018)

a. Foreign Service posts abroad are open for the convenience of the public during such hours and on such days of the week as prescribed by the Principal Officer. Hours and days are arranged in conformity with local customs and conditions (see 3 FAM 2330).

b. A sign indicating that the hours the post is open to the public is posted by the main entrance or otherwise displayed as prominently as local circumstances permit. It is recommended that the sign be inscribed in English and the local language. (See also 2 FAM 150, Seals, Coat of Arms and Flags.)

c. When no one is present in the office, or the office is otherwise closed, post a notice informing visitors how to reach the duty officer. See 7 FAM 000 Appendix A regarding Consular Information Program and how to alert the public to temporary post closure.

2 FAM 115.2 Holidays

(CT:GEN-610; 06-21-2024)

a. All posts abroad are closed to the public annually on U.S. holidays listed in 3 FAM 2338.1. If any authorized Federal holiday falls on a Sunday, the office is closed on the following Monday. If such a holiday falls on a Saturday, the office is closed on the preceding Friday. Posts are notified when additional days are designated as national holidays by statute or by Executive Order. For posts with a workweek other than Monday through Friday, see 3 FAM 2338.2.

b. The Principal Officer at each post is authorized to designate local holidays that are of sufficient importance to warrant observance by closing the office to the public. The Chief of Mission in each country coordinates the observance of local holidays by all posts under his or her jurisdiction (see 3 FAM 3464).

c. Days may be designated as local holidays only if:

(1) Such days are customarily observed as holidays by the local government, local business firms, and the diplomatic and consular missions of other countries;

(2) Failure to observe such days would be contrary to the interest of the United States; or

(3) If it would be impractical to keep the office open because of drastic curtailment of normal services, such as transportation or building maintenance.

d. Posts should restrict the number of designated local holidays to 10 or fewer. Should the customarily observed holidays be more than 10, only the more important ones should be designated. (See 3 FAM 2338.1 and 3 FAM 2338.4 for limitations on U.S. Direct Hire employee administrative leave that may be granted for local holidays.)

e. Posts must send to the regional executive director one cable listing their holiday schedule for each year. They must also send additional cables when posts close for dates not consistent with the yearly list. Posts may send such messages to other regional or constituent posts at their discretion. Posts are not obligated to notify the Department by cable every time post closes for a holiday.

2 FAM 115.3 Emergency Services

2 FAM 115.3-1 Availability of Duty Personnel

(CT:GEN-582; 10-04-2022)

Each post arranges for an officer, and such other personnel as warranted, to be available at the office or on call at all times outside regular office hours and on weekends and holidays. The duty officer familiarizes himself or herself with post functions and emergency procedures sufficiently enough to take action—or to identify and request the appropriate officer to take action—on any matter arising outside office hours and on which action cannot be deferred until the next opening of the office for business. See 2 FAM 113.8-1 for additional policy on the post duty officer program.

2 FAM 115.3-2 Communications Arrangements

(CT:GEN-525; 09-11-2018)

Post management should arrange to receive cables, telephone calls, and courier pouches at all times outside of regular office hours and on weekends and holidays. If practicable, post management should also make arrangements to receive unaccompanied pouches and other postal matter during periods when the office is closed.

2 FAM 116 VISITOR POLICY

2 FAM 116.1 General Provisions

(CT:GEN-606; 04-11-2024)

a. Under the Foreign Service Act of 1980 (Public Law 96-465) as amended (22 U.S.C. 3927) U.S. Chiefs of Mission (COMs) are responsible “for the direction, coordination, and supervision of all U.S. Government officers and employees” in their countries of assignment. This responsibility extends to each element of the executive branch abroad, except employees under the command of a U.S. combatant commander, executive branch employees officially on the staff of an international organization, and Voice of America correspondents on official assignment abroad.

b. COMs are responsible for establishing their own specific policies. In line with the responsibilities of COMs and of the Department, the following guidelines are intended to effect a degree of consistency in those services rendered to both official and unofficial visitors abroad. Any services rendered should not delay achievement of high-priority goals and objectives of the Department and Foreign Service missions, and services rendered should be decided upon in light of post resources.

c. A Foreign Service mission may wish to develop and maintain a visitor guidebook (to be updated as circumstances require and at least every third year), which outlines the mission’s visitor policy and provides essential information needed by most visitors. Posts should keep their regional bureaus informed as to their policies and procedures.

d. In the Department, primary responsibility for services to official U.S. citizen visitors abroad is the responsibility of the regional bureaus having jurisdiction over the countries to be visited. In addition, the Bureau of Legislative Affairs (H) plays a direct role in the planning and implementation of visits abroad by Members of the Congress and their staffs.

2 FAM 116.2 Mission Visitor Responsibilities

(CT:GEN-606; 04-11-2024)

a. The Department does not specify the kinds of services that missions should provide to various categories of official visitors.

b. The Department, as a general policy, will support a mission's decisions based on these guidelines. This presidentially mandated effort is meant to reduce unnecessary travel, and missions can expect the Department to do its full share in seeing that this goal is achieved.

2 FAM 116.3 Suggested Guidelines on Providing Services to Visitors

(CT:GEN-339; 10-17-2007)

General guidelines on service to be provided to official U.S. citizen visitors at Foreign Service posts are listed in 2 FAM Exhibit 116.3. See 2 FAM 116.3-1 for mission categories and 2 FAM 116.3-2 for visitor categories.

2 FAM 116.3-1 Mission Categories

(CT:GEN-334; 12-12-2006)

Each mission determines for itself which of the following broad categories of countries it belongs to for purposes of visitor services:

(1) Countries with well-developed travel infrastructures;

(2) Authoritarian countries with strict travel controls;

(3) Countries with relatively poorly developed travel infrastructure; and

(4) Countries with relatively high risk of terrorist activities.

2 FAM 116.3-2 Visitor Categories

(CT:GEN-390; 03-05-2012)

To assist posts in identifying appropriate levels of support to provide to visitors, it is useful to classify visitors to the Foreign Service post as indicated below. Suggested guidelines for provision of services to visitors, both official and nonofficial, are in 2 FAM Exhibit 116.3.

(1) Official visitors:

(a) VIPs: In addition to the President, Vice President, and Secretary of State for whom special procedures are already in effect, this category includes Cabinet members, Members of Congress, and State Governors;

(b) Senior officials: Congressional staff directors, executive branch officials at the level of assistant secretary or ambassador, and Department inspectors; and

(2) Unofficial visitors:

(a) Journalists;

(b) Business officials; and

2 FAM 116.4 Visitor Travel Information

(CT:GEN-525; 09-11-2018)

Each post may develop a second part of their visitor guidebook concerning “Useful Travel Information,” which may be used to inform prospective official visitors of general travel conditions in the country. This part may address the following considerations (it may be supplemented by commercial travel literature, as appropriate):

(1) General availability of commercial travel services;

(2) Selected accommodations (luxury, first and second class, or equivalents);

(3) Communications facilities (international telephone, Internet/Wi-Fi availability, etc.) and any restrictions on them;

(4) Climate and clothing required in various seasons;

(5) Exchange rates, banking facilities, use of credit cards;

(6) Principal tourist sights and events;

(7) General attitudes of local government and population towards visitors, particularly U.S. citizens;

(8) Security considerations;

(9) Health considerations; and

(10) Other relevant considerations.

2 FAM 116.5 Visitor Guidebook Preparation and Maintenance

(CT:GEN-334; 12-12-2006)

Posts maintaining visitor guidebooks should keep them current.

2 FAM 116.6 Department Visitor Responsibilities

2 FAM 116.6-1 Procedures for Requesting Country Clearance

(CT:GEN-606; 04-11-2024)

a. All U.S. government temporary duty (TDY) personnel must obtain country clearance from the Chief of Mission (COM) before entering a country on official business. COMs may refuse country clearance, or may place conditions or restrictions on TDY personnel, as they consider necessary. See also 2 FAH-2 H-114.

b. Country clearance requests are generally made via an automated system known as Electronic Country Clearance or eCC. COMs may allow military visitors to use a Department of Defense-operated system, provided it satisfies the COM’s country clearance requirements and captures visitor data for post use. Travelers must provide relevant personal data, travel itineraries, and justifications for travel. Missions abroad in turn must keep their information pages up-to-date to indicate requirements for country clearance; health, security, and other relevant travel information; and local holidays.

c. When post receives a request for official visitor services, it should make a prompt determination whether or not to approve the visit. The post should apply the following criteria to determine whether or not U.S. mission support should be given to a visit:

(1) Is the visit intended primarily to gather information, for orientation of the visitor, or for another purpose?;

(2) If the purpose of the visit is to gather information, what information is actually sought? Is it currently available in Washington, DC? In particular, can the information be gathered more effectively and more economically by tasking the post? If so, the post should advise the visitor that the visit’s prospective burden on the mission does not appear to be warranted and should suggest alternatives to the traveler?;

(3) If the purpose of the visit is primarily for the orientation and education of the visitor, does the visitor’s position warrant the effort that the visit would require of the mission? The fundamental criterion should be: Will overall U.S. interests be better served by devoting mission resources to supporting the visitor rather than to the performance of other mission work?;

(4) If the purpose of the visit is not for information or orientation, is it justifiable in terms of the benefit it might bring to overall U.S. interests when compared with the burden it would impose on the mission? and

(5) The post is principally responsible for determining whether a visit is worthwhile. In doing so, it should assume that the visitor is generally responsible for proving that his or her visit is necessary.

2 FAM 116.6-2 Bureau of Legislative Affairs Visitor Responsibilities

(CT:GEN-339; 10-17-2007)

The Bureau of Legislative Affairs (H) informs regional bureaus and posts as soon as it receives from the Congress indications of congressional travel plans. In general, bureaus and posts will assume that visits by Members of the Congress are fully justified. The bureaus and posts, however, should advise the Bureau of Legislative Affairs on special considerations that may affect the Members’ planning for the visit, such as the availability of ranking foreign government officials for meetings, the ambassador’s own travel plans, relevant security considerations, and the potential impact of the visit on policy and other current mission responsibilities. The Bureau of Legislative Affairs will also advise missions regarding requirements for all congressional staff travel.

2 FAM 116.7 Bureau of Consular Affairs Responsibility—Judicial Assistance-Related Visitors

(CT:GEN-334; 12-12-2006)

See 7 FAM 940, Travel of Witnesses and Government Officials in judicial assistance matters.

2 FAM 117 USUN HOUSING PROGRAM REGULATIONS

2 FAM 117.1 Legal Authority

(CT:GEN-511; 05-25-2018)

a. Section 9 of the United Nations Participation Act of 1945 (UNPA, Public Law 79-264), as amended (Section 405 of Public Law 106-309 (114 Stat. 1098)), authorizes the Secretary to make available leased or rented living quarters to the Representative and Deputy Representative of the United States to the United Nations. It further authorizes the Secretary to make available such quarters to no more than 30 Foreign Service employees of the U.S. Mission, other “representatives” (i.e., the other three permanent USUN ambassadors), and two employees who serve at the pleasure of the Representative in return for a contribution from the occupants of the housing (see 2 FAM 117.6).

b. The legislative history of Section 9 of United Nations Participation Act of 1945 (UNPA) indicated that the authorization for the lease or rental of living quarters for use of the staff of the United States Representative was considered necessary to:

(1) Cope effectively with the housing market;

(2) Take advantage of the rent increase limitation imposed by the New York City Rent Stabilization Code; and

(3) Eliminate substantial personal out-of-pocket expenses and ensure that economic hardship does not adversely affect the ability to attract the best qualified individuals for service at the U.S. Mission to the United Nations (USUN).

c. Section 9 of UNPA requires each employee participating in the housing program, except the Representative and Deputy Representative, to contribute a percentage of his or her base salary, in an amount to be determined by the Secretary, toward the cost of the housing provided. The legislative history of Section 9 indicates that this amount is expected to be approximately 20 percent of base salary. Section 9 further permits the Secretary to reduce such payments to the extent of income taxes paid by the employees on the value of the housing provided.

d. For purposes of UNPA Section 9 and these regulations, base salary is regular pay as defined by Title 5 U.S.C.

2 FAM 117.2 Quarters Entitlement

(CT:GEN-561; 06-10-2020)

a. The Representative, Deputy Permanent Representative, and three permanent USUN ambassadors will be assigned U.S. Government-leased quarters pursuant to this authority.

b. The Representative may designate two employees, who serve at the Representative’s pleasure, to receive U.S. Government-leased quarters, if they so elect.

c. The Representative will designate which 18 other positions at the U.S. Mission, to be occupied by Foreign Service employees, are entitled to leased quarters; after designation of these positions, the Representative will inform the U.S. Mission’s Housing Board and the Department by cable (attention: IO and GTM/CDA) of this action and of any subsequent changes. In September of each year, USUN will provide IO and GTM/CDA a list of the positions at the U.S. Mission that are entitled to U.S. Government-leased quarters. Prior to September 30 of each year (or prior to the beginning of each bidding cycle, whichever is earlier), IO will disseminate this information to potential Foreign Service bidders within the Department and to the field in the form of an ALDAC. Once a Foreign Service employee has been paneled with the understanding that the position at USUN is entitled to leased quarters, the U.S. Mission must provide such housing in accordance with these regulations and Section 9 of the UNPA, if the employee elects to participate in the housing program providing:

(1) Under this regulation no employee in the USUN housing program may occupy a unit if the unit is owned by the employee;

(2) Employees who already own residential property within 60 minutes of rush-hour commuting time may not participate in the program unless exception is granted in accordance with 2 FAM 117.3 subparagraph b(13); and

(3) Employees must sign the agreement set out as 2 FAM Exhibit 117.6.

d. While participating in the USUN housing program, U.S. Mission employees may not purchase residential property within 60 minutes of rush-hour commuting time to the U.S. Mission, until the final 6 months of their assignments. Foreign Service employees already participating in the program will continue to be entitled to U.S. Government-leased quarters until the end of their tours. If an employee in one of the designated positions elects not to participate in the program, the Representative may assign the housing entitlement to another position occupied by a Foreign Service employee of the Mission.

2 FAM 117.3 USUN Management Responsibilities

(CT:GEN-511; 05-25-2018)

a. Management of the USUN housing program is the responsibility of the U.S. Permanent Representative to the United Nations and those officers to whom responsibilities of the housing program have been delegated. Those officers are the:

(1) Deputy Representative to the United Nations; and

(2) Counselor for Administrative Affairs.

b. USUN management operates the housing program. Specific management responsibilities include:

(1) Monitoring strictly the implementation of the housing program;

(2) Briefing newly assigned employees on USUN housing program requirements, the role of the USUN housing board, and the requirement to execute the employee USUN housing agreement under 2 FAM Exhibit 117.6;

(3) Preparing and revising, as appropriate, and submitting to Global Compensation Directorate (CGFS/GC) employee USUN housing agreements executed under 2 FAM 117.6. All agreements must be examined not less than annually and/or whenever an event (e.g., new lease, change in rental cost, increase in base salary, etc.) significantly affects the amount to be withheld;

(4) Reviewing the USUN housing reimbursement procedures identified in 2 FAM 117.6 with the Bureau of Comptroller and Global Financial Services at least once every 5 years beginning after January 1, 1998;

(5) Ensuring that none of the units occupied by any program participant is owned by any Mission employee or family member thereof;

(6) Ensuring that lease periods are less than 10 years;

(7) Reviewing all leases for adherence to the Department’s worldwide space standards;

(8) Conducting market surveys, establishing selection criteria, and establishing maximum rents based on rank and family size or awarding leases through competitive procedures;

(9) Maintaining written documentation in the lease file on the market survey findings and the way in which these survey findings were used to establish maximum rent rates;

(10) Ensuring that recordkeeping in the housing program meets Department standards and includes total cost data;

(11) Maintaining a detailed inventory of its housing units (including size in both square meters and feet, and in number of rooms, number of baths, floor location, as well as address, distance to the U.S. Mission in miles, and rush-hour travel time via public transportation);

(12) Ensuring that the U.S. Mission maintains accurate information on vacancy rates of these units, identification of which employees have occupied the units in the past, and a past and present profile of employees at post eligible to participate in the program (the profile should include whether or not the employee participates in the program and other relevant data, such as employee rank, family size and composition, spouse employment interests, and each employee’s location preferences of living quarters);

(13) Ensuring that employees who are assigned to USUN and who already own residential property within 60 minutes of rush-hour commuting time to the U.S. Mission occupy their owned quarters in lieu of U.S. Mission-leased quarters, exceptions to be granted only when:

(a) Circumstances prevent their occupying their own quarters—such employees must document any inability to occupy their owned residences before they can be admitted to the housing program; and

(b) The U.S. Permanent Representative grants an exception to this policy; and

(14) Reviewing and approving each housing lease before the U.S. Mission enters into the lease.

c. The U.S. Permanent Representative submits annually for approval by the Under Secretary for Management a statement of the housing board’s composition, operating procedures, and management’s leased housing assignment criteria. The approved statement will be available to all USUN employees, as well as to the Department.

2 FAM 117.4 Housing Board and Quarters Assignments

(CT:GEN-339; 10-17-2007)

a. The Permanent Representative should appoint a housing board. The board’s composition should be representative of the employees eligible to participate in the housing program.

b. The housing board provides advice to USUN management on the implementation of the housing program.

2 FAM 117.5 Value of Housing Taxable

(CT:GEN-339; 10-17-2007)

Under a decision of the Internal Revenue Service that became effective October 1, 1988, the rental value of U.S. Government-leased quarters provided to eligible employees, except the Representative and Deputy Representative, is taxable income to the recipient and is subject to withholding. It is also subject to Social Security (Medicare) taxes. Based upon USUN-provided information, the Department’s American Payroll and Pension Operations (APPO) will report the market rental value of the quarters as taxable income to the employee. This additional taxable income does not influence base pay for purposes of U.S. Government pension systems.

2 FAM 117.6 Employee Obligation to Contribute to Housing Costs

(CT:GEN-339; 10-17-2007)

a. Except for the Representative and the Deputy Representative, each employee or tandem couple in the housing program must contribute approximately 20 percent of base salary toward the cost of U.S. Government-provided housing. As a condition of participating in the program, employees must execute the agreement set out at 2 FAM Exhibit 117.6, providing for the payment of the required contribution through biweekly withholding from the employee’s salary. Tandem couple employees in one housing unit will use the salary of the higher-paid employee.

b. Contributions for USUN housing are collected through payroll withholding every pay period. Payroll withholding for each participating employee is calculated according to the formula set out in 2 FAM Exhibit 117.6. Analysis of USUN historical data indicates that these withholding percentages result in a total withholding (taking into account average income tax liability attributable to the housing fringe benefit) of approximately 20 percent of base salary. This method of calculating employee contributions will be reviewed at least once every 5 years beginning January 1, 1998 (see 2 FAM 117.3, subparagraph b(4).

c. An employee agrees (by signing the agreement at 2 FAM Exhibit 117.6) to this method of calculating and collecting his or her share of the housing cost, prior to occupying USUN-provided quarters, as a condition of participation in the USUN Housing Program.

d. Employees, in conjunction with USUN administrative personnel, are responsible for terminating withholding when employees stop participation in the housing program. In the event the withholding is not terminated in a timely manner, USUN officials will be responsible for identifying and certifying any employee refunds that may result from late termination.

2 FAM 117.7 Official Residence Expenses

(CT:GEN-339; 10-17-2007)

Section 9 of the UNPA authorizes allowances for unusual expenses incident to the operation and maintenance of the living quarters of the Permanent Representative and the Deputy Permanent Representative. Such allowances are to be considered for all purposes as authorized by the Administrative Expenses Act of 1946, as amended by Section 311 of the Overseas Allowances and Differentials Act, and are administered in accordance with the applicable provisions of Chapter 400 of the Standardized Regulations (Government Civilians, Foreign Areas) and 3 FAM 3250, Official Residence Expenses. See 5 U.S.C. 5913.

2 FAM 118 MISCELLANEOUS

2 FAM 118.1 Post Telephone Directories

(CT:GEN-339; 10-17-2007)

a. Develop and distribute telephone directories using common sense. Generally a directory will contain names, offices, and work telephone numbers. Posts may vary this as appropriate, but consider security issues.

b. Lists containing personal information, such as home telephone numbers and residence address, are more properly kept in the personnel section and the emergency action plan.

2 FAM 118.2 Postage Stamps Requests

(CT:GEN-339; 10-17-2007)

a. Posts may furnish small lots of canceled postage stamps to individual collectors (especially schools/classes) in reply to requests, provided that no employee is diverted from doing his or her work. Do not fill requests from commercial stamp companies. If you send stamps, a response letter is unnecessary. Do not fill requests for uncanceled stamps.

b. If local law prohibits the export of stamps without special license, you may want to inform the requester, using a standard letter if the volume of inquiries warrants.

c. Send any responses by the most economical way. It is preferable that requesters include self-addressed stamped envelopes.

2 FAM 119 unassigned

2 FAM Exhibit 111.3
Texts Of National Security Decision Directive (NSDD) 38 And Guidelines

(CT:GEN-556; 04-10-2020)

THE WHITE HOUSE
WASHINGTON

June 2, 1982

National Security Decision Directive Number 38

STAFFING AT DIPLOMATIC MISSIONS
AND THEIR CONSTITUENT POSTS

This directive supersedes the directive of October 14, 1974 and subsequent directives governing the Monitoring Overseas Direct Employment (MODE) system.

In accordance with my letter to Chiefs of Mission, and the memorandum of September 22, 1981, conveying it to heads of Executive Departments and Agencies, all agencies with staffs operating under the authority of Chiefs of Mission will ensure that, in coordination with the Department of State, the Chiefs’ of Mission approval is sought on any proposed changes in the size, composition, or mandate of such staff elements. Departments and agencies wishing to initiate changes should transmit their proposals to Chiefs of Missions in consultation with the Department of State In the event the Secretary of State or his designee is unable promptly to resolve to the satisfaction of the parties concerned any disputes which may arise between Chiefs of Mission and Agency Heads or his designee, the Secretary of State and the other Agency Head concerned will present the differing views to me for decision through the Assistant to the President for National Security Affairs. Formal acknowledgment of changes approved by Chiefs of Mission or determined by me shall be transmitted to diplomatic missions by the Department of State. Overseas staffing of elements with U.S. diplomatic missions abroad shall conform to decisions reached in accordance with the above procedures and decisions made through the budgetary process.

Departments and agencies will keep the Department of State informed as to current and projected overseas staffing authorizations for each diplomatic post, differentiating between the number of U.S. personnel and the number of foreign national personnel authorized for each post. The Department of State shall maintain a current record of staffing authorizations for each overseas post. Agencies will cooperate with the Department of State in providing data including any data needed to meet special reporting requirements.

The Department of State, in consultation with concerned agencies, will develop guidelines by July 1, 1982 for my approval to implement this directive.

Ronald Reagan

NSDD 38 GUIDELINES (07/13/1982)

These guidelines are issued pursuant to the Presidential Directive of
2 June 1982 on Staffing at Diplomatic Missions and Constituent Posts. These guidelines replace all guidelines and other agreements previously in effect under the Monitoring Overseas Direct Employment (MODE) system.

The purpose of the Directive and these guidelines is to allow the flexible, systematic and expeditious deployment and management of personnel of all U.S. Government Agencies operating under the authority of Chiefs of Mission (COMs) in support of U.S. foreign policy objectives.

These guidelines will ensure that the approval of COMs is sought by U.S. Government Agencies on proposed staffing changes for activities operating under the authority of COMs. The COMs will transmit their views on overseas presence to the Department of State, as department and agency representatives will communicate with their respective department/agency headquarters in this regard.

These guidelines also provide for the resolution of disagreements, should such arise between the COMs and department/agency representatives and between the Department of State and department/agency heads.

A. Requests for Changes in Staffing

Preliminary or exploratory consultation by the requesting agency with the COM regarding staffing changes is encouraged. Such informal proposals may be initiated in Washington or by agency overseas representatives.

Formal requests for approval of staffing changes as required by Directive NSDD 38 must be made by the cognizant Agency to the COM in consultation with the Department of State. Copies of such requests will be provided to the Department of State.

The COM will convey his or her views on formal requests to the Department of State. The point of contact in the Department of State for such matters is the Policy and Global Presence Staff of Management Strategy and Solutions (M/SS). The COM’s response to the formal request should be addressed to that office for action. Copies of requests and responses will be given to the appropriate regional and functional bureaus in the Department of State and the requesting agency.

B. Resolution of Disagreements

If there are disagreements over staffing levels between COM and agency heads, the views of both parties will be forwarded to M/SS for immediate presentation to the Secretary of State for decision within 15 working days of receipt from M/SS.

If the Secretary of State is unable to resolve the issue to the satisfaction of the parties concerned, the Secretary and the agency head concerned will present their respective views to the President for decision through the Assistant to the President for National Security Affairs.

C. Formal Acknowledgment of Changes

Changes in staffing levels at individual posts reached in accordance with the above procedures will be provided by cable from the Department of State to the COM, and the agencies concerned.

D. Staffing Authorization Records

The Department of State must maintain a current record of staffing authorization for each overseas post. Staffing authorization is defined as all full-time, permanent, direct-hire, U.S. Government employees, including foreign nationals and U.S. Military Personnel under the authority of a Chief of Mission.

Departments and agencies will provide the current and projected overseas staffing, authorization information, required by the directive, to the Department of State, M/SS. That official will solicit additional information from departments and agencies when necessary to meet special reporting requirements as established by statute or as levied by the NSC, OMB, or the Congress.

M/SS has established the following procedures to simplify the implementation of the NSDD 38 Guidelines:

NSDD 38 PROCEDURES (03/07/2007)

Agencies and bureaus submit unclassified NSDD 38 requests to M/SS via an automated system. Users with a need to access the application will be able to register for a log-on (level of privilege to be determined by actual need) directly from the site. Background, guidance, and specific requirements regarding the NSDD 38 process are provided on the website.

As an overview, each agency proposal on the website is registered with a specific Case Number. Once M/SS has received and reviewed an NSDD 38 request, the M/SS analyst will notify post by formal message and will provide post with the NSDD 38 Application Case Number for the request. After reviewing the request in the application, the COM will respond via formal message, giving approval or disapproval of the request, or requesting further information. Once the COM has sent an approval/disapproval formal message, the post must complete the NSDD 38 process by approving/disapproving the position(s) on the Internet Application. Unless there are caveats or conditional approvals, the NSDD 38 process is then completed. M/SS provides agencies with copies of the COM’s messages, and the internet system automatically notifies requesting officers of the COM’s decisions.

Classified NSDD 38 requests are submitted to M/SS via hard copy. M/SS then prepares a formal message to post that includes the agency’s request, M/SS guidance, and specific questions for COM’s consideration. The COM responds via cable and NSDD 38 process is then completed.

2 FAM Exhibit 111.3(I)
Text Of Memorandum Of Understanding Between The Department Of State And The Department Of Defense On Security Of DOD Elements And Personnel In Foreign Areas Of December 16, 1997

(CT:GEN-296; 10-01-1999)

I. Authority and Purpose

This memorandum of understanding (MOU) is entered into between the Department of State (DOS) and the Department of Defense (DOD) in accordance with the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, 22 U.S.C. 4801 et seq. (Diplomatic Security Act). Nothing in this MOU shall be construed to limit or affect chief of mission (COM) or United States area military commander (combatant commander in chief with geographic responsibilities (CINC) authority.

The purpose of this MOU is to define clearly the authority and responsibility for the security of DOD elements and personnel in foreign areas not under the Command of a CINC.

II. Countries Covered by this MOU

a. The countries covered by this MOU (hereinafter referred to as the “covered countries”) are listed in attachment A.

b. A country may be added to the list of covered countries by written agreement of the parties, signed by the Secretaries of State and Defense or by their representatives designated pursuant to section V(b). Any such addition shall be effective immediately upon signature by both parties, unless the parties agree to a different effective date.

c. A country may be deleted from the list of covered countries by written notice from either party, signed by the Secretary of State or defense or by the representative of either designated pursuant to section V(b). Any such deletion shall become effective sixty days from the date of such notice, unless the parties agree to a different period.

d. The assumption by the Secretary of Defense of security responsibility for DOD elements and personnel in a covered country shall become effective at the time specified in section III(e).

III. Allocation of Security Responsibility for DOD Elements and Personnel

a. Pursuant to 10 U.S.C. 164 and 22 U.S.C. 4802, the Secretary of Defense and the CINC are responsible within the covered countries for the security of all DOD elements and personnel under command of the CINC. Nothing in this MOU alters or affects the responsibility of the Secretary of Defense and the CINC for the security of such elements or personnel.

b. Pursuant to 22 U.S.C. 4802, the Secretary of State is responsible within the covered countries for developing and implementing policies and programs to provide for the security of DOD elements and personnel not under the command of the CINC. Pursuant to this MOU, and in accordance with 22 U.S.C. 4802 and 4805(a), the Secretary of State and the Secretary of Defense have agreed that the Secretary of Defense and his delegees shall assume responsibility for providing for the security of such DOD elements and personnel in the covered countries, subject to the standards, limitations and exceptions set out in this MOU.

c. In accordance with 22 U.S.C. 4805(a), the Secretary of State retains ultimate authority and responsibility for the security of the DOD elements and personnel covered by paragraph b of this section, and the Secretary of Defense shall be responsible to the Secretary of State for the exercise of the responsibilities assumed under this MOU.

d. Notwithstanding paragraph b of this section, the Secretary of State shall retain responsibility for the security of the following DOD elements and personnel in the covered countries:

1. Defense attaché offices;

2. Marine Security Guard detachments;

3. DOD personnel detailed to other U.S. Government departments or agencies;

4. DOD elements or personnel that are specifically enumerated in a written agreement between DOS and DOD pursuant to this MOU; and

5. DOD elements or personnel, to include CINC-assigned forces, for which security responsibility has been assumed by the COM in a covered country, pursuant to a written agreement entered into by the COM and the CINC. Any such agreement shall generally follow the format provided in Attachment B.

(a) Such an agreement may also address other aspects of implementation of this MOU, as deemed appropriate by the COM and the CINC.

(b) DOD units, or personnel not assigned to units, which are on temporary duty shall remain under the security responsibility of the Secretary of Defense unless they are included in such an agreement. The COM and CINC shall consider such personnel for inclusion in such an agreement prior to their arrival in country or, when prior consideration is not possible, promptly upon their arrival.

1. For each covered country, the assumption of security responsibility by the Secretary of Defense pursuant to section iii shall become effective immediately upon signature of an agreement between the COM and the CINC pursuant to section III(d)(5), or upon the ninetieth day after the inclusion of the country on the list of covered countries (attachment A), whichever occurs first.

2. In the countries formerly covered by the memorandum of understanding between the Department of State and the Department of Defense on security on the Arabian Peninsula, signed September 15, 1996 (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, and Yemen), the assumption of security responsibility by the Secretary of Defense pursuant to the MOU shall continue without interruption. All agreements between the CINC and the COMs of these countries implementing the earlier MOU shall continue in full force and effect, and shall be deemed to be agreements pursuant to section III(d)(5) of this MOU.

IV. Standards

a. DOD elements and personnel under the security responsibility of DOS pursuant to this MOU shall comply with overseas security policy board (OSPB) security standards and shall coordinate the security programs through the U.S. Defense Representative (USDR) with the COM.

b. DOD elements and personnel which are under COM authority but under the security responsibility of DOD pursuant to this MOU shall comply with DOD security standards and shall coordinate the security programs with the COM and the CINC through the USDR. In the event that the COM concludes that these standards are not appropriate as applied to a specific element or category of elements, the COM and the CINC shall agree to an alternative standard. If the COM and CINC are unable to agree, they shall refer the matter promptly to Washington for resolution under the procedures described in section V(b).

c. The COM and the CINC shall make every effort to consult and coordinate responses to common threat levels.

V. Implementation, Coordination and Dispute Resolution

a. In each covered country, the COM and the CINC, acting when appropriate through their designated representatives, shall serve as the delegates of the Secretary of State and the Secretary of Defense, respectively, for implementation and coordination under this MOU. In any covered country not within the geographic authority of a CINC, the Secretary of Defense shall designate a CINC for security responsibility under this MOU and shall provide written notification to the Secretary of State of this designation.

1. The designated representatives of the COM and the CINC shall consult as frequently as necessary to review the implementation of this MOU.

2. Among other things, the COM and CINC shall ensure that DOD personnel on temporary duty or not assigned to units are considered promptly for possible inclusion in an agreement pursuant to section III(d)(5).

3. In the event that issues arise under this MOU that the COM and CINC are unable to resolve, they shall promptly refer such issues to the Washington representatives designated by the Secretary of State and the Secretary of Defense for resolution.

b. The Secretary of State and the Secretary of Defense shall designate representatives to meet as frequently as necessary, but no less often than quarterly, for the purpose of reviewing the implementation of this MOU.

1. In the event that the implementation of this MOU gives rise to differences between the COM and the CINC in a covered country, they shall refer the matter to Washington so that the representatives designated by the secretaries may attempt to resolve the differences.

2. In the event that the secretaries’ representatives are unable to resolve any such difference, or any other issue that may arise under this MOU, they shall promptly refer the matter to the under Secretary of State for management and the under Secretary of Defense for policy for resolution.

3. In the event that any matter cannot be resolved under the procedures specified above, it shall be referred to the Secretary of State and the Secretary of Defense for resolution.

VI. Chief of Mission Authority

a. This MOU affects only the allocation of responsibility for the security of DOD elements and personnel in the covered countries that are not under the Command of a CINC. The authorities of the COM, including those under section 207 of the Foreign Service act of 1980, 22 U.S.C. 3927, and NSDD-38, shall not be altered or affected by this MOU. Except for the allocation of security responsibilities under this MOU, the responsibilities of the COMs under the president’s letter of instruction to chiefs of mission shall not be altered or affected. Pursuant to 22 U.S.C. 2321i(e), DOS and DOD specifically confirm that security assistance organization elements and personnel remain at all times subject to the authority of the COM.

b. The COM in each covered country shall retain responsibility for liaison with host-country authorities concerning security issues affecting DOD elements and personnel that are not under the Command of the CINC. The CINC’s representative shall have authority to consult directly with local and provincial officials on security matters affecting DOD elements and personnel over which he exercises security responsibility pursuant to this MOU, but shall coordinate with the COM’s representative in advance for such liaison activities with national authorities at the national seat of government. Notwithstanding the above, the CINC’s representatives shall, in every case, ensure that the COM is fully and currently informed of any liaison activities relating to the security of those DOD elements and personnel that are under the security responsibility, but not the Command, of the CINC.

c. In accordance with section 207 of the Foreign Service Act of 1980 and the president’s letter of instruction, the COMs in each covered country and the CINC shall continue to keep each other currently informed and cooperate on all matters of mutual interest.

VII. Identification of DOD Elements and Personnel

a. In order to facilitate the implementation of this MOU, to permit the effective exercise of COM authority where applicable, and to clarify the respective authorities and responsibilities of DOS and DOD in the covered countries, DOD, with input from DOS, shall provide to DOS an inclusive list of all DOD elements and personnel within the covered countries, and shall indicate which are under the command of the CINC. The list shall be updated every 6 months.

b. In addition, DOD units, or personnel not assigned to units, which are on temporary duty to DOD activities under COM authority shall be notified separately to the COM prior to their arrival in country or, when this is not possible, promptly upon their arrival. CINC-assigned forces shall comply with the applicable provisions of the DOD foreign clearance guide.

c. It is understood between the parties that all DOD elements and personnel in the covered countries identified as not under CINC Command remain under COM authority, as provided in section VI, but that security responsibility for such elements and personnel is assumed by DOD, unless security responsibility is otherwise allocated pursuant to this MOU.

VIII. Funding

a. Administrative support costs for DOD personnel shall be determined in accordance with the applicable reimbursement procedures then in effect.

b. DOD shall be responsible for funding the development and implementation of security programs for DOD elements and personnel for which it assumes responsibility under this MOU.

IX. Other Agreements and Arrangements

All existing agreements and arrangements, however styled, between DOS and DOD shall remain in force to the extent that they do not conflict with the provisions of this MOU. The memorandum of understanding between the Department of State and the Department of Defense on security on the Arabian Peninsula, signed September 15, 1996, is superseded by this MOU. All implementing agreements between the CINC and the COMs of the countries formerly covered by that MOU shall continue in full force and effect and shall be deemed to be agreements pursuant to section III(d)(5) of this MOU.

X. Implementation and Termination

a. This MOU shall become effective immediately upon signature by the representatives of DOS and DOD designated below. It shall remain in force until terminated.

b. This MOU may be terminated by either party. Termination shall occur sixty days after a party gives notice of its intention to terminate, unless the parties agree to a different period.

Signed:

        Madeleine K. Albright                    William S. Cohen
        Secretary of State                        Secretary of Defense
         Date: December 2, 1997              Date: December 16, 1997

Attachment A

Countries covered by the MOU

Bahrain Saudi Arabia

Kuwait Turkey

Oman United Arab Emirates

Qatar Yemen

Republic of the Marshall Islands

Attachment B

(NOTE: this model agreement provides the suggested format for COM-CINC local implementing agreements. The specific provisions are illustrative only. COMs and CINCs need not address all topics suggested here, and may address topics not included.)

Model Memorandum of Agreement

Pursuant to the Memorandum of Understanding (MOU), dated December 16, 1997, signed between the Secretary of State and the Secretary of Defense, the Chief of Mission (COM) of the American Embassy (country), and USCINC (—), exercising the respective authority of the Secretary of State and Secretary of Defense, hereby agree to the following provisions for implementing the MOU in (country):

1. Chief of Mission responsibility: the COM shall have security responsibility for the DOD elements and personnel (including dependents) identified in Annex A. These elements and personnel include those specified in MOU section III. d. 1-3 (the defense attaché office, the marine security guard detachment, and DOD personnel detailed to other USG departments or agencies), and those that the COM and CINC agree shall be under COM security responsibility pursuant to MOU section III. d. 5. These elements and personnel will be integrated with all other agencies represented at the mission with regard to security briefings, personnel identification programs, residential surveys, and the embassy emergency action plan.

2. Commander in Chief responsibility: USCINC (—) shall have the security responsibility for all other DOD elements and personnel (Annex B), except those specifically enumerated in Annex A. The USDR will remain the single point of contact for the COM in dealing with military issues. The (designee) will be the USCINC (—) representative for overall coordination of security issues. The (designee) will coordinate with the COM through the USDR. Likewise, the USDR will coordinate all COM security issues with the (designee) as well as with other appropriate commanders. Commanders of USCINC (—) Component units stationed in (country) will coordinate security measures with the COM, via the USDR.

3. Temporary duty personnel: security for personnel on temporary duty to (country) will generally be the responsibility of USCINC(—). However, those military and civilian personnel and their dependents assigned temporary duty to (country) in support of an element under the COM (Annex A) shall be the security responsibility of the COM. The country clearance and deployment temporary duty orders will specify the authority responsible for security.

4. Emergency Action Committee (EAC): the EAC has primary responsibility for evaluating information pertaining to the security of Americans, and for establishing DOS threat levels. It includes a participant from each USCINC (—) Component with military forces in (country), and the USDR.

5. Host nation coordination: the COM will continue to have the primary responsibility for contact and coordination with the government of (country) regarding security issues. USCINC (—) will continue to conduct mil-to-mil contacts.

6. COM/USCINC (—) coordination: the COM and USCINC (—) shall, in accordance with the MOU, continue to keep each other currently informed on all issues affecting security, including THREATCON status. They will ensure that a full exchange of information affecting threat protective measures and threat levels for U.S. Government entities in (country) is coordinated closely to reduce differences in standards of protection.

Signed:

Chief of Mission Commander in Chief
American Embassy (country) United States (—) Command

Annex A DOD Elements and Personnel Under the Security Responsibility of the Chief of Mission

A.1. Defense attaché offices

A.2. Marine Security Guard detachments

A.3. DOD personnel detailed to other USG departments or agencies

A.4. Other DOD elements and personnel, to include CINC-assigned forces, that the COM and the CINC agree shall be under COM security responsibility:

[list]

A.5. DOD temporary duty (TDY) personnel assigned in support of an element under COM authority, whose country clearance and deployment TDY orders specify the COM as responsible for security.

Annex B DOD Elements and Personnel Under the Security Responsibility of the Combatant Commander in Chief

B.1. CINC-assigned forces:

[list]

B.2. All other DOD elements and personnel, except those specifically enumerated in Annex A:

[list]

2 FAM Exhibit 111.3(K)
Text Of Department Of State/Library Of Congress Memorandum Of Understanding 01/07/2021

(CT:GEN-606; 04-11-2024)

1. PURPOSE. This MOU defines the roles and responsibilities for Library of Congress personnel and U.S. Chiefs of Mission (COMs) providing a platform for LOC offices at U.S. diplomatic and consular posts abroad.

Recognizing that Library of Congress overseas offices serve a critical acquisitions function on behalf of the U.S. Congress, the LOC and the Department of State are entering into this understanding to ensure that LOC personnel overseas and COMs may effectively carry out their respective duties in accordance with applicable laws and regulations.

This MOU supersedes a prior agreement between the parties from March 14, 1989.

2. RELEVANT AUTHORITIES AND AGREEMENTS. Under 22 U.S.C. 3927, COM authority is limited to the direction, coordination, and supervision of U.S. government executive branch employees. COM supervisory authority does not apply to members or staff of the Judicial or Legislative branches, including LOC personnel. The LOC requires a presence at U.S. diplomatic or consular facilities in select locations (see Appendix 2) to perform Congressionally mandated functions. Pursuant to this MOU, LOC personnel agree to follow applicable COM policies and standards when assigned to those locations, with the understanding that no LOC employee will be under COM authority as defined by 22 U.S.C. 3927 and presidential directive.

Pursuant to the Omnibus Diplomatic Security and Anti-terrorism Act of 1986, as amended (22 U.S.C. 4802(a)) and the President’s Letter of Instruction, LOC personnel fall under the security responsibility of the Secretary of State and COM.

2 U.S.C. 143a allows the Department of State to hire locally recruited staff on behalf of the LOC to perform services in support of the LOC at posts abroad. See Appendix 3 of this MOU for the terms and conditions under which the Department of State will exercise this authority.

22 U.S.C. 4084 authorizes the Secretary of State to establish a health care program to promote and maintain the physical and mental health of members of the Foreign Service, and (when incident to service abroad) other designated eligible Government employees, including LOC personnel assigned abroad, and members of the families of such members and employees. This includes medical examinations for applicants for employment.

Under 2 U.S.C. 132a and 182, the LOC acquires, catalogs, preserves, and distributes foreign library and research materials for its collections and on behalf of other academic and research institutions participating in the Cooperative Acquisitions Program. The LOC accomplishes this through six overseas offices, which are strategically placed in areas with the capability of serving multiple countries and where materials are essentially unavailable through conventional acquisition methods. Despite its legislative branch status, the LOC pays into the Capital Security and Maintenance Cost Sharing Programs and retains a presence in multiple country-specific U.S. embassy or consulate buildings, listed in Appendix 2. The LOC is not subject to the Federal Acquisition Regulations (48 C.F.R. part 1) and instead acquires materials pursuant to Library of Congress Regulations (LCRs) and procedures.

3. SECURITY POLICIES AND STANDARDS.

3.1. Library of Congress elements and personnel at U.S. diplomatic and consular posts abroad fall under the security responsibility of the Secretary of State and COM and will:

3.1.1. Comply with Overseas Security Policy Board (OSPB) security standards (codified in volume 12 of the Foreign Affairs Manual and Foreign Affairs Handbook) developed to address political violence and terrorism threats; human intelligence threats; criminal threats; and technical threats.

3.1.2. Comply with COM security directives and policies. Prior to departing for post, LOC personnel and accompanying dependents will undergo all required security awareness and training.

3.1.3. Comply with COM policies and directives regarding ordered departure and evacuations.

3.1.4. Coordinate on security issues with the COM. In the case of authorized departure, LOC personnel and accompanying dependents may choose whether to remain at post or to depart.

3.2. In the case of ordered or authorized departure, the LOC will be responsible for funding evacuation travel orders for its employees and authorized accompanying dependents.

3.3. LOC agrees to fund all necessary security costs related to new positions which may include additional funding for physical and technical security for office space, residential security upgrades, and increases in local guard coverage.

4. OTHER CHIEF OF MISSION POLICIES

4.1. Pursuant to this MOU, LOC personnel agree to comply with all applicable COM policies and directives pertaining to Embassy-provided administrative services including but not limited to, housing, health and safety, security, and workspace, provided the LOC receives advance written notice of such policies and such policies do not conflict with existing interagency agreements through which the LOC funds government-issued housing or obtains related Department of State accommodations.

4.2. LOC personnel will keep the appropriate COM or Principal Officer informed of their activities and operations in that country in accordance with this MOU. Consistent with applicable laws, regulations, and directives, COMs will cooperate with LOC personnel in the performance of their official activities.

5. MEDICAL

5.1. LOC personnel and any authorized accompanying dependents must obtain applicable medical clearance issued by the Bureau of Medical Services of the Department of State. Medical clearances must be renewed when eligible for home leave, in accordance with 16 FAM 214.

5.2. LOC agrees to either fund mandatory medical evacuations or have LOC personnel and any authorized accompanying dependents provide documentation that he or she has personal medical evacuation insurance valid for the duration of assignment abroad prior to traveling to post. To the extent possible, the Mission’s Chief Medical Officer will consult with the LOC’s Chief Medical Officer prior to making a final determination regarding a medical evacuation.

6. TRAVEL

6.1. Pursuant to 22 CFR 51.3(d), LOC U.S. Direct Hires (USDHs) can be issued diplomatic passports as a “person having diplomatic or comparable status.” For the period of their assignment in a foreign country, LOC USDHs assigned to missions overseas will be issued diplomatic passports by the Department of State.

6.2. When conducting official travel to a foreign location outside the country of assignment, LOC USDHs must obtain country clearance from the COM using the Electronic Country Clearance (eCC) system (or its successor). Such clearance will not be unreasonably denied and any reason for denial will be documented in eCC.

7. PRIVILEGES AND IMMUNITIES. LOC personnel assigned to a U.S. diplomatic and consular post in a foreign country will be notified to the host government at the discretion of the COM as a member of a U.S. mission, with associated privileges and immunities.

8. STAFFING AT POST

8.1. The Library of Congress is not required by law to obtain COM approval prior to adding, removing, or changing positions overseas. The Librarian selects and appoints USDHs based on specified expertise, knowledge, skills, and abilities for overseas acquisitions and supervisory functions as identified in LOC-classified and posted positions for an assignment period determined by the Librarian. However, if LOC personnel will be working from Mission workspace, the COM must verify there is available office space that complies with applicable security standards and statutory requirements.

8.2. Pursuant to this agreement, LOC agrees to obtain COM approval through exchange of memorandum between the LOC and the COM before adding, changing, and abolishing positions at LOC offices abroad.

8.3. The LOC will provide advance notice of any proposed increases in levels of overseas staffing to COMs, and any disagreement between the LOC and a COM on staffing increases will be directed back to the MOU Oversight Committee (MOC) for resolution. If it cannot be resolved at the MOC level, it will be resolved jointly by the Principal Deputy Librarian of Congress and the Under Secretary of State for Management.

8.4. LOC USDHs assigned to post remain Library of Congress employees subject to the authorities of 2 U.S.C. Ch. 5, Library of Congress Regulations, and other authorities governing LOC employment. While the LOC retains authority over hiring and termination, the parties agree that LOC USDH personnel who are members of a U.S. mission and subject to COM control over certain terms and conditions of employment at post may have a dual employee relationship for equal employment opportunity purposes.

8.5. In any circumstance where the COM believes a LOC USDH employee should be removed from post for security or conduct reasons, the matter will be immediately referred to the MOC accompanied by written justification. The MOC will review the matter and make recommendations to the signatories of this MOU on how to proceed.

8.6. Pursuant to 5 CFR 430.204, each agency shall establish agency-wide policies for performance management for its USDH employees. As defined in 5 CFR 841.104, “agency” includes legislative branch agencies, and therefore this responsibility applies to the LOC. The LOC retains sole authority over performance matters involving LOC USDHs. If LOC USDH performance impacts Mission operations, the COM will raise any such concerns to the MOC.

8.7. Pursuant to the President’s Letter of Instruction, COMs should promote a culture of equal opportunity and ensure that any misconduct, including discrimination and harassment of any kind, and poor performance are addressed appropriately.

9. PERSONAL SERVICES / LOCALLY RECRUITED STAFF. The Department of State will exercise the authority in 2 U.S.C. 143a on behalf of the LOC to hire locally recruited staff to perform services in support of the LOC at posts abroad. See Appendix 3 for the terms and conditions under which the Department of State will exercise this authority.

10. INTERNATIONAL COOPERATIVE ADMINISTRATIVE SUPPORT SERVICES (ICASS)

10.1. Consistent with the provisions of 22 U.S.C. 2695 and 22 U.S.C. 2684, the International Cooperative Administrative Support Services (ICASS) management platform supports all agencies under COM authority as well as other U.S. Government entities that require administrative support services and have received COM approval (see 6 FAH-5 H-394).

10.1.1. In accordance with the procedures laid out in 6 FAH-5 H-394.3, the Library of Congress agrees to follow applicable procedures for subscribing to and paying for ICASS services.

10.1.2. LOC personnel receiving ICASS services will be subject to the same policies and regulations governing those services as applied to all other ICASS customer agencies.

10.2. The ICASS system is the principal means by which the U.S. government provides and shares the cost of common administrative support needed to ensure effective operations at posts overseas. It is a customer-driven, voluntary cost-sharing program consisting of different pools of services at the post and regional levels and is governed by the Department of State Foreign Affairs Manual and Handbook (6 FAM 900 and 6 FAH-5).

10.3. The LOC will be a resident agency and serve on the Washington ICASS Executive Board (defined in 6 FAH-5 H-012.1). LOC country representatives serve as voting members of Post ICASS Councils and Post Budget Committees (6 FAH-5 H-012.6 and .7).

10.4. Annually, ICASS and the LOC will execute at each post a Memorandum of Understanding to fund requested ICASS services.

10.4.1. The parties agree that services associated with the residential nature of the LOC at the Mission will be mandatory and will continue to be available so long as the LOC retains its country presence and subject to changes regarding mandatory services as later adopted by the ICASS. Mandatory services include those defined in 6 FAH-5 H-341, and the LOC may obtain other services required under circumstances where an agency occupies space on the embassy compound.

11. IMPLEMENTATION

11.1. As part of implementation of this MOU, the Under Secretary of State for Management and the Principal Deputy Librarian of Congress will establish an MOU Oversight Committee (MOC) and designate representatives to serve on the MOC.

11.1.1. LOC and Department of State representatives will be listed by office in Appendix 1 of this MOU.

11.1.2. The Principal Deputy Librarian of Congress and the Under Secretary of State for Management may agree in writing to change the core members of the MOC.

11.1.3. The core MOC will meet as necessary, but no less than annually, for the purpose of reviewing this MOU and responsibilities identified in 15.5.

11.1.4. When appropriate, representation at the MOC may be augmented at the discretion of either agency to address specific issues. Temporary augmentation of the MOC will not be subject to paragraph 11.1.2.

11.2. The COM and senior LOC country representative, respectively, are responsible for implementing this MOU at the country-level.

11.2.1. The COM and LOC country representative may designate representatives to consult as necessary to review the implementation of this MOU at post.

12. COORDINATION

12.1. The LOC representative will ensure that the COM is fully and currently informed of all activities and operations of the Library within the country of assignment.

12.2. The COM shall keep the LOC fully and currently informed with respect to all activities and operations impacting the LOC within the country of assignment.

13. DISPUTE RESOLUTION.

13.1. In the event that the implementation of this MOU gives rise to differences between the COM and the LOC representative at post, they will refer the matter to the MOC for resolution.

13.2. In the event that the MOC is unable to resolve any such difference, or any other issue that may arise under this MOU, they will promptly refer the matter to the Under Secretary of State for Management and the Principal Deputy Librarian of Congress for resolution.

13.3. In the event that any matter cannot be resolved under the procedures specified above, it will be referred to the Secretary of State and the Librarian of Congress for resolution.

14. OVERSIGHT AND ACCOUNTABILITY.

14.1. The MOC is responsible for coordinating policies, regulations, and directives to oversee the implementation of this MOU. The MOC will develop and issue joint guidance to LOC personnel and COMs on implementing this MOU.

14.2. The MOC will recommend changes to this MOU, including appendices, in accordance with provisions in Section 15 of this MOU.

15. MODIFICATION.

15.1. Administrative modifications to the body of this MOU must be approved by the MOC in writing. Administrative changes are limited to updating titles, references, or modifications to address organizational changes.

15.2. All other modifications to the body of this MOU require written agreement of the Principal Deputy Librarian of Congress and the Under Secretary of State for Management. These modifications include, but are not limited to, the addition, changes, or removal of responsibilities or processes addressed in this MOU.

15.2.1. Prior to consideration by the Principal Deputy Librarian of Congress and the Under Secretary of State for Management, the MOC will review any proposed modifications.

15.3. Modification, replacement, or additions to the appendices of this MOU must be reviewed and approved by the MOC.

15.4. At the request of either party, the MOC will review this MOU and will discuss any proposed changes.

15.5. Post-specific arrangements may be added as an appendix to this MOU in accordance with paragraph 15.2.

16. TERMINATION OF UNDERSTANDING. This MOU may be terminated by either party. Termination will occur one year after a party gives written notice of its intention to terminate unless the parties agree to a different period.

17. EFFECTIVE DATE. This MOU will become effective immediately after signature by both the Under Secretary of State for Management and the Principal Deputy Librarian of Congress and will remain in force until terminated.

For the Department of State: For the Library of Congress:

__________________________ __________________________

Under Secretary of State for Management Principal Deputy Librarian of Congress

Brian Bulatao J. Mark Sweeney

Date________________________ Date________________________

APPENDIX 1 – MOU Oversight Committee (MOC) Representatives

Library of Congress

Director, Acquisitions and Bibliographic Access Directorate

Associate Librarian for Library Services

General Counsel

Department of State

Office of Management Strategy and Solutions (M/SS)

Office of the Legal Adviser for Management (L/M)

APPENDIX 2 – Locations of Library of Congress Offices Overseas

Rio de Janeiro, Brazil

New Delhi, India and sub-offices staffed by locally recruited staff or Foreign Service Nationals in Bangladesh, Dhaka; Nepal, Kathmandu; and Sri Lanka, Colombo

Cairo, Egypt

Jakarta, Indonesia and sub-offices staffed by locally recruited staff or Foreign Service Nationals in Kuala Lumpur, Malaysia; Manila, Philippines; and Rangoon, Burma.

Nairobi, Kenya

Islamabad, Pakistan

APPENDIX 3 – Memorandum of Agreement Regarding the Hiring of Locally Recruited Staff

Memorandum of Agreement Regarding the Hiring of Locally Recruited Staff

I. Purpose

This Memorandum of Agreement between the Department of State (DOS) and the Library of Congress (LOC) (the Participating Agency), sets forth the terms and conditions under which the Department of State will exercise the authority contained in 2 USC § 143a, hereinafter referred to as LOC’s local hiring authority, on behalf of the Participating Agency.

II. Applicability and Definitions

A locally recruited U.S. citizen is a U.S. citizen who is a legal resident of the host country and has the legal right to work in the host country.

For purposes of this MOA, a “family member” includes the U.S. citizen or foreign national spouse/dependent listed on the travel orders of a LOC direct hire assigned (not TDY) to post. “Family member” also includes a U.S. citizen or foreign national spouse and/or dependents listed on the official post assignment travel orders of a direct hire Foreign Service, Civil Service, or uniformed service member, who is or will be assigned to a U.S. mission abroad under Chief of Mission authority.

The "Chief of Mission" is the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature. This includes any individual assigned under Section 502(c) of the Foreign Service Act of 1980, as amended, to be temporarily in charge of such a mission or office. (Sec. 102(3) of the Foreign Service Act of 1980, as amended.)

This authority may not be used to employ individuals to fill positions assigned cashier functions unless approved by the Department of Treasury and appropriate Treasury documentation is submitted to the Department of State's Office of Overseas Employment (GTM/OE) for review, or to fill positions with contracting authority, or for any position assigned responsibilities requiring signatory authority, e.g., certification of vouchers, position classification, personnel actions, etc.

III. Conditions and Responsibilities

(a) The Participating Agency acknowledges and agrees that:

(1) it will comply with Department of State policies and procedures governing overseas employees, including, but not limited to, the Foreign Affairs Manual and Foreign Affairs Handbook (3 FAM 7000, 8000, 3 FAH-l, 2), and other Department of State regulations, policies, procedures, and guidance, used in the management of local staff and family members.

(2) except for family members as defined in II above who per DOS policies on family member employment fall under a USG pay plan, its locally recruited staff will fall under the Local Compensation Plan and Locally Employed Staff Handbook of the post of employment, as well any other post-specific policies relating to local staff;

(3) with respect to any family members hired on behalf of the Participating Agency, they will fall under DOS policies relating to family member employment when sponsors are not under Chief of Mission authority, as applicable;

(4) no changes to the Participating Agency position complement and composition at post may be made without Chief of Mission approval;

(5) individuals hired pursuant to LOC’s hiring authority are the employees of the Participating Agency and not employees of the DOS;

(6) it bears the responsibility for all aspects of recruitment and the employment relationship, including financial obligations, such as salary and benefits, severance, workers' compensation, and any other employer-related costs, including litigation, that may arise;

(7) locally recruited staff requiring security certifications will fall under the investigative and adjudicative authority of the RSO. Locally recruited staff requiring fitness determinations or security clearances remain the investigative and adjudicative responsibility of the Participating Agency;

(8) the Acquisitions and Bibliographic Access Directorate (ABA) in the headquarters of the Participating Agency is the designated office with the authority and responsibility to coordinate and manage this MOA with the Department of State. Said office has the authority and responsibility to assign responsibilities for LOC’s hiring authority, including exercising signatory authority for implementing LOC’s personal services agreement actions (JF-62As), to its agency representatives or the DOS Human Resources Officers at posts abroad. The Participating Agency point of contact in headquarters is designated in attachment A;

(9) instructions from the Participating Agency's representative at post will be taken by DOS as full authority to act on behalf of the Participating Agency, including, without limitation, any actions with respect to hiring, terminating, promoting, etc. The Participating Agency will be bound by any actions that are taken on behalf of the Participating Agency based on the instructions provided by the Participating Agency representative at post.

(10) 2 USC § 143a is the Participating Agency's hiring authority for overseas positions; this hiring authority is not subject to the Federal Acquisition Regulations.

(11) All personal services agreements entered into by DOS on behalf of LOC prior to the date of this MOA are covered under this MOA.

(b) The DOS acknowledges and agrees that:

(1) it will enter into personal services agreements pursuant to 2 USC § 143a with individuals to perform services in support of the Participating Agency at posts abroad; and

(2) it has the responsibility to develop, coordinate, and administer the policies, regulations, and procedures governing overseas human resources management systems for locally recruited staff. It will monitor posts' administration of these systems and provide policy interpretation and procedural guidance on the management of overseas human resources; and

(3) it agrees to consult with the Participating Agency regarding changes to relevant regulations affecting positions covered under this agreement, as applicable.

IV. Effective Date

This agreement is effective upon the date of signing by both parties and shall remain in effect indefinitely.

V. Termination of Agreement

Either party may terminate this agreement with one year's written notice to the other party. However, termination of this agreement will not affect the terms and conditions, including financial obligations, of personal services agreements executed pursuant to this MOA prior to said termination. The Department of State will incur no liability for termination of this agreement.

For the Department of State: For the Participating Agency:

__________________________ __________________________

Karin Lee B. Sullivan Principal Deputy Librarian of Congress

Director, Office of Overseas Employment J. Mark Sweeney

Department of State Library of Congress

Date________________________ Date________________________

ATTACHMENT A

Memorandum of Agreement (MOA)

Between

The Department of State and the Library of Congress

Regarding the Hiring of Locally Recruited Staff

Library of Congress Points of Contact

2 FAM Exhibit 113.3
Designated Officers For Specific Post Responsibilities

(CT:GEN-606; 04-11-2024)

DESIGNATION	REFERENCE
Emergency Preparedness and Response
Emergency Action Committee Member	12 FAH-1 H-231
Emergency Action Officer (Primary and 1st Alternate)	12 FAH-1 H-242.1
Coordination Officer (Primary and 1st Alternate)	12 FAH-1 H-242.2
Document Control Officer (Primary and 1st Alternate)	12 FAH-1 H-242.3
Incident Commander – Bomb (Primary and 1st Alternate)	12 FAH-1 H-244.1
Incident Commander – Fire (Primary and 1st Alternate)	12 FAH-1 H-244.2
Incident Commander – Civil Disorder (Primary and 1st Alternate)	12 FAH-1 H-244.3
Incident Commander – Internal Defense (Primary and 1st Alternate)	12 FAH-1 H-244.4
Incident Commander – Destruction of Classified and Sensitive Materials (Primary and 1st Alternate)	12 FAH-1 H-244.5
Incident Commander – WMD and Other Hazardous Materials (Primary and 1st Alternate)	12 FAH-1 H-244.6
Incident Commander – Hostage Taking (Primary and 1st Alternate)	12 FAH-1 H-244.7
Incident Commander – Aircraft Hijacking (Primary and 1st Alternate)	12 FAH-1 H-244.8
Incident Commander – Assistance to U.S. Citizens in a Major Accident or Disaster (Primary and 1st Alternate)	12 FAH-1 H-244.9
Incident Commander – Assistance to Host Country in a Major Accident or Disaster (Primary and 1st Alternate)	12 FAH-1 H-244.10
Incident Commander – Drawdown and Evacuation (Primary and 1st Alternate)	12 FAH-1 H-244.11
Support Coordinator – Security and Law Enforcement (Primary and 1st Alternate)	12 FAH-1 H-245.1
Support Coordinator – Logistics and Funding(Primary and 1st Alternate)	12 FAH-1 H-245.2
Support Coordinator – Communications (Primary and 1st Alternate)	12 FAH-1 H-245.3
Support Coordinator – Medical (Primary and 1st Alternate)	12 FAH-1 H-245.4
Support Coordinator – Public Affairs (Primary and 1st Alternate)	12 FAH-1 H-245.5
Support Coordinator – Rumor Control (Primary and 1st Alternate)	12 FAH-1 H-245.6
Support Coordinator – Threat Analysis (Primary and 1st Alternate)	12 FAH-1 H-245.7
Support Coordinator – Counterterrorism (Primary and 1st Alternate)	12 FAH-1 H-245.8
Support Coordinator – Consular Services (Primary and 1st Alternate)	12 FAH-1 H-245.9
Support Coordinator – American Liaison Network (Primary and 1st Alternate)	12 FAH-1 H-245.10
Support Coordinator – Embarkation Officer (Primary and 1st Alternate)	12 FAH-1 H-245.11
Support Coordinator – Transportation (Primary and 1st Alternate)	12 FAH-1 H-245.12
Support Coordinator – Liaison	12 FAH-1 H-245.13
Floor Warden	12 FAH-1 H-246
Financial Management
Approving Officer (Cashier Operations)	4 FAH-3 H-393.3-2
Certifying Officers	4 FAH-3 H-065
Funds Control Officer	4 FAH-3 H-133
Time and Attendance Clerks	4 FAH-3 H-525.2-1
Information Management
Information Management Officer	12 FAM 613.5
Post Records Coordinator	5 FAM 418.9-3
Pouch Control Officer (PCO)	14 FAM 728.1 14 FAM 714.3
Approving Officer, Grievance Messages	3 FAM 4425.5
Approving Officer, Dissent Channel Cables	2 FAM 073 (a) 2 FAM 071.4 (d)
General
Gift Officer	2 FAM 964
Claims Assistance Officer	14 FAM 643 612.3-4
Claims Investigating Officer	14 FAM 644
Duty Officers and Employees	2 FAM 115.3
Post Language Officer	13 FAM 230
Protocol Officer	2 FAM 312 c
Federal Women’s Programs Coordinator	3 FAM 1514.2 (b)
Family Advocacy Officer	3 FAM 1812.3
Management Control Coordinator	2 FAM 021.3 (i), 2 FAM 022.6 (c)
Equal Employment Opportunity Counselor(s)	3 FAM 1514.1 (c)
General Services
Accountable Property Officer	14 FAM 411.2-2
Authorizing and Approving Officer (Travel)	14 FAM 523.2
Post Occupational Safety and Health Officer	15 FAM 932
Property Disposal Officer	14 FAM 411.2-3
Property Management Officer	14 FAM 411.2-1
Property Survey Board	14 FAM 416.5-2
Receiving Official	14 FAM 413.1, 3
Contracting Officer	14 FAM 214
Receiving Clerks	14 FAM 414.5
Human Resources
Approving Officer (Representation Allowances)	3 FAH-1 H-3242
Authorizing Officer (Applications for Allowances)	3 FAM 3231.1, 3 FAM Exhibit 3211
Review Panels	3 FAH-1 H-2817.1
Equal Opportunity Employment Counselor	3 FAM 1514
Post Medical Officer	16 FAM 131
Employee Consultation Services	16 FAM 450
Political Affairs
Biographic Information Coordinator	2 FAM 113.3
Human Rights Officer	2 FAM 113.4
Map and Publications Procurement Officer	2 FAM 113.3
Special Consular Services
Selective Service Registrars	7 FAM 553
Voting Officer	7 FAM 1510
Veterans Affairs Officer	7 FAM 541.2
Security
COMSEC (Communications Security) Custodian (and alternate) NOTE: A current cryptographic clearance is a prerequisite to appointment.	5 FAM 121.1 12 FAM 664.3
Information Systems Security Officer	12 FAM 613.4
Post Security Officer	12 FAM 423.4, 12 FAM 563
Unit Security Officer	12 FAM 563
Regional Security Officer	12 FAM 422.4 and 422.5 12 FAM 563.3
RSO Office Management Specialist	12 FAM 423.5
Top Secret Control Officer	12 FAM 535.1

2 FAM Exhibit 116.3
Suggested Guidelines On Services To Provide To U.S. Citizen Visitors

(CT:GEN-296; 10-01-1999)

COUNTRIES WITH WELL DEVELOPED TRAVEL INFRASTRUCTURE

VISITOR CATEGORY
(Identified in 2 FAM 116.3-2)

SERVICES OFFICIAL UNOFFICIAL

	a	b	c	a	b	c
1. Mission officers or other employees to meet at airport	Yes	Yes	No	No	No	No
2. Mission vehicle with driver to meet at airport (if No, visitor should find own way to mission or lodging)	Yes	Yes	No	No	No	No
3. Mission to provide in-town transportation	Yes	Yes	No	No	No	No
4. Mission to arrange accommodations	Yes	Yes	OIR	No	No	No
5. Mission to establish control room	OIR	No	No	No	No	No
6. Mission to assign control officer	Yes	Yes	Yes	Yes	Yes	Yes
7. Mission to prepare programs for working members of visit or party	Yes	OIR	OIR	No	OPT	No
8. Mission to prepare programs for accompanying spouses	Yes	OIR	No	No	No	No
9. Mission to arrange meeting with chief of mission, if possible, or with chief of mission’s representative	Yes	OPT	OPT	OPT	OPT	OPT
10. Mission to arrange working-level briefing(s) from	Yes	Yes	OPT	OPT	OPT	OPT
11. Mission to arrange representation function(s) if requested	Yes	OPT	OPT	OPT	OPT	OPT
12. Mission to make commissary/mission exchange privileges	Yes	OPT	OPT	No	No	No

Key: OIR—only if required
OPT—optional

AUTHORITARIAN COUNTRIES WITH STRICT TRAVEL CONTROLS

(See 2 FAM 116.3-1)

VISITOR CATEGORY
(Identified in 2 FAM 116.3-2)

SERVICES OFFICIAL UNOFFICIAL

	a	b	c	a	b	c
1. Mission officers or other employees to meet at airport	Yes	OIR	OPT	OPT	OPT	OPT
2. Mission vehicle with driver to meet at airport (if No, visitor should find own way to mission or lodging)	Yes	Yes	OPT	OPT	OPT	OPT
3. Mission to provide in-town transportation	Yes	Yes	OPT	OPT	OPT	OPT
4. Mission to arrange accommodations	Yes	Yes	YES	OIR	OIR	OIR
5. Mission to establish control room	OIR	No	No	No	No	No
6. Mission to assign control officer	Yes	Yes	Yes	Yes	Yes	Yes
7. Mission to prepare programs for working members of visit or party	Yes	Yes	Yes	OIR	OIR	No
B. Mission to prepare programs for accompanying spouses	Yes	Yes	Yes	No	No	No
9. Mission to arrange meeting with chief of mission, if possible, or with chief of mission’s representative	Yes	Yes	OPT	OPT	OPT	OPT
10. Mission to arrange working-level briefing(s) from	Yes	Yes	Yes	OPT	OPT	OPT
11. Mission to arrange representation function(s) if requested	Yes	OPT	OPT	OPT	OPT	OPT
12. Mission to make commissary/mission exchange privileges	Yes	Yes	Yes	No	No	No

Key: OIR—only if required
OPT—optional

COUNTRIES WITH POORLY DEVELOPED TRAVEL INFRASTRUCTURE

(See 2 FAM 116.3-1)

VISITOR CATEGORY
(Identified in 2 FAM 116.3-2)

SERVICES OFFICIAL UNOFFICIAL

	a	b	c	a	b	c
1. Mission officers or other employees to meet at airport	Yes	OIR	OPT	No	No	No
2. Mission vehicle with driver to meet at airport (if No, visitor should find own way to mission or lodging)	Yes	OIR	OPT	No	No	No
3. Mission to provide in-town transportation	Yes	OIR	OPT	No	No	No
4. Mission to arrange accommodations	Yes	Yes	YES	OPT	OPT	OPT
5. Mission to establish control room	OIR	No	No	No	No	No
6. Mission to assign control officer	Yes	Yes	Yes	OPT	Yes	OPT
7. Mission to prepare programs for working members of visit or party	Yes	Yes	Yes	No	OPT	No
8. Mission to prepare programs for accompanying spouses	Yes	Yes	No	No	No	No
9. Mission to arrange meeting with chief of mission, if possible, or with chief of mission’s representative	Yes	Yes	OPT	OPT	OPT	OPT
10. Mission to arrange working-level briefing(s) from	Yes	Yes	Yes	OPT	OPT	OPT
11. Mission to arrange representation function(s) if requested	Yes	OPT	OPT	OPT	OPT	OPT
12. Mission to make commissary/mission exchange privileges	Yes	OPT	OPT	No	No	No

Key: OIR—only if required
OPT—optional

COUNTRIES WITH RELATIVELY HIGH RISK OF TERRORIST ACTIVITIES

(See 2 FAM 116.3-1)

VISITOR CATEGORY
(Identified in 2 FAM 116.3-2)

SERVICES OFFICIAL UNOFFICIAL

	a	b	c	a	b	c
1. Mission officers or other employees to meet at airport	Yes	Yes	Yes	No	No	No
2. Mission vehicle with driver to meet at airport (if No, visitor should find own way to mission or lodging)	Yes	Yes	Yes	No	No	No
3. Mission to provide in-town transportation	Yes	Yes	Yes	No	No	No
4. Mission to arrange accommodations	Yes	OPT	OPT	No	No	No
5. Mission to establish control room	OIR	No	No	No	No	No
6. Mission to assign control officer	Yes	Yes	Yes	OPT	OPT	OPT
7. Mission to prepare programs for working members of visit or party	Yes	Yes	Yes	OPT	OPT	OPT
B. Mission to prepare programs for accompanying spouses	Yes	Yes	OPT	No	No	No
9. Mission to arrange meeting with chief of mission, if possible, or with chief of mission’s representative	Yes	Yes	OPT	OPT	OPT	OPT
10. Mission to arrange working-level briefing(s) from	Yes	Yes	Yes	Yes	Yes	Yes
11. Mission to arrange representation function(s) if requested	Yes	Yes	OPT	No	No	No
12. Mission to make commissary/mission exchange privileges	Yes	OPT	OPT	No	No	No

Key: OIR—only if required
OPT—optional

2 FAM EXHIBIT 117.6
Agreement For Payroll Withholding Of Employee Share Of USUN Housing Cost

(CT:GEN-511; 05-25-2018)

I understand that, as a condition of participation in the USUN Housing Program, I must pay the percentage of my base salary specified below as my contribution toward the cost of the USUN housing provided to me. My annual base salary is $__________, the annual lease cost to USUN of my housing is $________, and the lease cost as a percentage of base salary is _____%. In accordance with 2 FAM 117.6, I authorize the Department of State to deduct _____% of my base salary each pay period in which I have occupied government-leased housing. The total amount to be withheld from my pay each pay period is $__________.____. This amount will continue to be withheld until a new agreement or notice of discontinuance is received by the Global Compensation Directorate (CGFS/GC). In the event of any change in my base salary or annual lease cost that would affect the amount of withholding, I agree to execute a new agreement upon request.

I understand that my contribution deducted each pay period is calculated in the following way:

The % of base
If the lease cost equals:	Salary withheld per pay period is :
50% or more of annual base salary	0%
40% or more but less than 50%	2%
35% or more but less than 40%	4%
30% or more but less than 35%	5%
Less than 30%	6%

Printed Name and Signature Date
Social Security Number

UNCLASSIFIED (U)