PROMOTION OF FOREIGN SERVICE MEMBERS

UNCLASSIFIED (U)

3 FAH-1 H-2320

(CT:POH-249; 12-06-2021)
(Office of Origin: GTM/PE)

3 FAH-1 H-2321.1 Director, Office of Performance Evaluation

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

The Director, Office of Performance Evaluation:

(1) Certifies to selection boards in accordance with the precept and these regulations, the names of members of the Service to be considered by the boards;

(2) Provides technical advice and staff support to the selection boards;

(3) Prepares promotion and career extension lists of members of the Foreign Service for each class on the basis of the determination made by the Director General of the Foreign Service and the Director of Global Talent (DG) of the number of members to be promoted or extended under 3 FAM 2325 and 3 FAM 6200, respectively. Names shall be taken in order from the lists of members recommended for promotion or extension by the selection boards in accordance with the precepts;

(4) Excludes from the lists of recommended promotions or extensions the name of any member separated from the Service for any reason and substitutes the names of other members in the order recommended for promotion or extension by the selection boards, under 3 FAM 2328;

(5) Identifies members of the Foreign Service recommended for promotion who are still language probationers. Names of members removed from the promotion list because of language probation will be promoted subsequently if the members in question satisfy the language requirement before the convening of the next selection boards. If the member is not off language probation before the convening of the next selection boards, the member will re-compete for promotion. ; and

(6) Identifies members of the Foreign Service who have not completed mandatory training. Names of members removed from the promotion list because of failure to complete mandatory training will be promoted subsequently if the members in question satisfy the training requirement before the convening of the next selection boards. If the member does not complete that training before the convening of the next selection boards, the member will re-compete for promotion.

3 FAH-1 H-2321.2 Director General of the Foreign Service

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

Director General of the Foreign Service:

(1) Determines the number and membership of the selection boards (see 3 FAM 2326.1-1);

(2) Approves the precepts which have been negotiated with the exclusive representative, if any, for all boards or panels established for the purpose of evaluating Foreign Service personnel (3 FAM 2326.2);

(3) Convenes and adjourns the selection boards and assures appropriate briefings of board members;

(4) Reviews the findings and recommendations of the selection boards to determine whether they were made in accordance with the precepts and these regulations. Any list or name may be returned for reconsideration by the selection board if questions of procedure or conformity with precepts and these regulations arise. If a part of a list is returned, the board may review the names returned or, at its discretion, the entire list;

(5) Approves the temporary exclusion from a promotion list of any member of the Service under 3 FAM 2328;

(6) Submits the promotion list of members of the Foreign Service recommended for promotion to class FS-1 and below to the Under Secretary for Management for approval;

(7) Submits the lists of members recommended for limited extensions of their career appointments to the Under Secretary for Management for approval;

(8) Submits the promotion list of members recommended for promotion into and within the Senior Foreign Service to the Under Secretary for Management for transmittal to the Secretary for recommendation to the President; and

(9) Recommends from time to time to the Under Secretary for Management approval of a list of positions comparable to chief of mission (3 FAH-1 H-2322).

3 FAH-1 H-2321.3 Under Secretary for Management

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

The Under Secretary for Management :

(1) Determines the number of promotions and extensions of career appointments of members of the Foreign Service (3 FAM 2325 and 3 FAM 6200) who are subject to review by selection boards for such purposes;

(2) Approves promotions of career and career candidate members of the Service under section 605 of the Foreign Service Act of 1980 (Act) based on recommendations and rankings of selection boards established under section 602 of the Foreign Service Act of 1980 (except for career member promotions into and within the Senior Foreign Service which require the confirmation of the Senate and appointment by the President; and promotions of career and career candidate members of the Service in classes below the FS-4 level and categories governed by administrative promotions under 3 FAM 2329.3);

(3) Approves limited extensions of career appointments of members of the Service (3 FAM 6200) in accordance with the recommendations and rankings of selection boards; and

(4) Approves from time to time the list of positions comparable to chief of mission.

3 FAH-1 H-2322 POSITIONS COMPARABLE TO CHIEF OF MISSION

(TL:POH-56; 11-24-1999)
(State Only)
(Applies to Foreign Service Only)

From time to time, the Director General of the Foreign Service will initiate a list of positions comparable in importance to "chief of mission" (as defined in section 102(3) of the Foreign Service Act of 1980, as amended). The Director General will then submit the list to the Under Secretary of Management for approval. The Under Secretary has approved the following list of positions as comparable in importance to that of "chief of mission."

3 FAH-1 H-2322.1 Positions Abroad

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

Positions abroad include:

(1) Deputy chiefs of mission (as designated by the Under Secretary for Management);

(2) Positions established as chargé d'affaires:

(a) Chiefs, U.S. interests sections and;

(b) Consul General, Hong Kong.

3 FAH-1 H-2322.2 Positions in International Organizations

(TL:POH-90; 04-03-2003)
(State Only)
(Applies to Foreign Service Only)

Positions in international organizations include:

(1) U.S. representatives (when chief-of-mission level is established by the post classification committee);

(2) Deputy U.S. representatives; and

(3) Representatives if appointed by the President with the advice and consent of the Senate.

3 FAH-1 H-2322.3 Positions at Department of State

3 FAH-1 H-2322.3-1 Executive Schedule Positions

(TL:POH-90; 04-03-2003)
(State Only)
(Applies to Foreign Service Only)

Executive Schedule positions include:

(1) Deputy Secretary (5 U.S.C. 5312);

(2) Ambassadors at Large (5 U.S.C. 5313) Under Secretaries (5 U.S.C. 5314);

(3) Assistant Secretaries (5 U.S.C. 5315); and

(4) Legal Adviser (5 U.S.C. 5315).

3 FAH-1 H-2322.3-2 Positions Equivalent to Assistant Secretaries

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

Positions equivalent to Assistant Secretaries include:

(1) BP – Director, Bureau of Budget and Planning

(2) C – Counselor of the Department

(3) CGFS – Comptroller of the Department of State and Director of the Bureau of the Comptroller and Global Financial Services

(4) CT – Coordinator, Bureau for Counterterrorism

(5) DGTM – Director General of the Foreign Service and Assistant Secretary for the Bureau of Global Talent Management

(6) F – Director, Office of Foreign Assistance Resources

(7) FSI – Director, Foreign Service Institute

(8) GCJ – Director, Office of the Ambassador-at-Large for Global Criminal Justice

(9) IRF – Director, Office of International Religious Freedom

(10) IRM – Assistant Secretary for the Bureau of Information Resource Management

(11) L – Assistant Secretary for the Office of the Legal Adviser

(12) M/FM – Director, Office of Foreign Missions

(13) M/SS – Director, Office of Management Strategy and Solutions

(14) MED – Chief Medical Officer, Bureau of Medical Services

(15) OBO – Director, Bureau of Overseas Building Operations

(16) OIG – Inspector General

(17) R/GEC – Coordinator of the Global Engagement Center

(18) S/COS – Chief of Staff for the Secretary

(19) S/CPR – Chief of Protocol

(20) S/ES – Special Assistant to the Secretary and Executive Secretary of the U.S. Department of State

(21) S/GAC – Coordinator, Office of the U.S. Global AIDS Coordinator

(22) S/GFS – Coordinator, Office for Global Food Security

(23) S/GWI – Coordinator, Office for Global Women’s Issues

(24) S/OCR – Director, Office of Civil Rights

(25) S/P – Director, Policy Planning Staff

(26) S/TPP – Director, Office to Monitor and Combat Trafficking in Persons

3 FAH-1 H-2322.3-3 Other Positions

(TL:POH-90; 04-03-2003)
(State Only)
(Applies to Foreign Service Only)

Other positions include:

(1) Principal executive assistants to the Secretary, Deputy Secretary, and the Under Secretaries of State;

(2) Deputy assistant secretaries;

(3) Deputies to positions established at a rank equivalent to Assistant Secretaries;

(4) Deputies to the Legal Adviser;

(5) Senior Foreign Service inspectors in the Office of the Inspector General (OIG/ISP);

(6) Dean, Professional and Area Studies (M/FSI);

(7) Vice President, National Defense University;

(8) Faculty Advisor, National War College;

(9) Faculty Advisors to the Industrial College of the Armed Forces (ICAF);

(10) Faculty Advisor, Air University;

(11) Faculty Advisor, Army War College; and

(12) Faculty Advisor, Naval War College.

3 FAH-1 H-2322.4 For Assignments To Other Agencies

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

a. Assignments to other agencies include the positions of:

(1) Assistant secretaries (or positions established at an equivalent rank or level or higher);

(2) Deputy assistant secretaries (or deputies to officials whose positions are established at a level or rank equivalent or higher than assistant secretaries);

(3) Positions compensated under the Executive Schedule (5 U.S.C. 5311 - 5316) or under section 631 of the Foreign Assistance Act of 1982, as amended; and

b. The Office of Organization and Talent Analytics (GTM/OTA) retains the current list of comparable positions and all previous lists.

3 FAH-1 H-2323 CREDITABLE PRIOR SERVICE OF REINSTATED OFFICERS

(TL:POH-56; 11-24-1999)
(State Only)
(Applies to Foreign Service Only)

A member of the Foreign Service reappointed to the Service after separation (see 3 FAM 2130 and 3 FAM 2210) shall receive credit toward eligibility for promotion for prior service as a Foreign Service member if the member is reappointed to the same or equivalent class as the one from which separated. The period of service in class shall be calculated on the basis of total creditable service in that class.

3 FAH-1 H-2324 ELIGIBILITY OF RECALLED OFFICERS

(TL:POH-48; 06-12-1998)
(State Only)
(Applies to Foreign Service Only)

A retired member of the Foreign Service who is recalled temporarily to active service, as provided in 3 FAM 2130 and 3 FAM 2210, shall be eligible for promotion in accordance with 3 FAM 2320 and 3 FAH-1 H-2320.

3 FAH-1 H-2325 EFFECT OF PROMOTION ON BASIC SALARY

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

. Any member of the Foreign Service promoted to a higher class in the Foreign Service Schedule established under section 403 of the Act shall receive a base salary at the lowest step rate of the higher class which exceeds the existing rate of base salary by not less than two step increases or six percent, whichever is greater, of the class from which promoted.

3 FAH-1 H-2326 ADMINISTRATIVE PROMOTION PROCEDURES

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

a. At least one month before completion of the time-in-class required for an administrative promotion, the Director of the Office of Performance Evaluation in the Bureau of Global Talent Management (GTM/PE) will inform the respective post or bureau of the member's eligibility for promotion and inquire whether the member's current performance has been judged satisfactory by the supervisor.

b. The post or bureau will advise GTM/PE whether the member's performance has been satisfactory or unsatisfactory.

3 FAH-1 H-2326.1 Satisfactory Performance

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

If the response indicates satisfactory performance, and pertinent evaluation material covering earlier assignments while in present class also indicates that the employee's performance has been satisfactory, the Director of GTM/PE will effect the necessary administrative action to promote the member.

3 FAH-1 H-2326.2 Unsatisfactory Performance

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

a. A post or bureau may advise GTM/PE that a member's performance has been unsatisfactory only if the member has previously been advised of the areas of performance which are deficient and been given a reasonable opportunity to demonstrate satisfactory performance. A period of 60 days ordinarily will be sufficient to demonstrate needed improvement, but a lesser period may also suffice depending upon the nature and extent of responsibilities, the member's time in the position, and similar circumstances.

b. If adequate notice and opportunity to demonstrate improvement have not been provided or if the post or bureau believes that because of limited time at post or in current function, more consideration needs to be given to a member's performance before deciding whether his or her performance is satisfactory, a delay in promotional consideration for a period not to exceed 60 days should be requested. Before making such a request, however, the responsible management officer or executive officer will discuss the post's or bureau's proposed course of action with the member, ask for the member's views, and take these into consideration. The member will be informed of the post’s or bureau's action in writing with a clear indication of the reasons for the delay. The member will be given every reasonable opportunity to demonstrate satisfactory performance during the succeeding trial period.

c. Ordinarily, a determination by the supervisor of unsatisfactory performance will be made only in connection with review for administrative promotion as outlined in paragraphs a and b in this section. However, when a member’s performance is judged clearly unsatisfactory at any time after a reasonable opportunity for experience in a new position, the supervisor, in consultation with the reviewing officer and the management officer or the executive officer, may, if the situation warrants it, advise the member in writing of the unsatisfactory determination and the reasons, and provide a reasonable period, ordinarily 60 days, for the member to raise performance to a satisfactory level.

d. In cases under 3 FAM 2329, where the post or bureau has requested that consideration for promotion be delayed or a member has been formally notified of unsatisfactory performance, the post or bureau must submit to GTM/PE an employee evaluation report immediately following the trial period. The report should state either that the member's performance is judged satisfactory and, if appropriate, that the member is recommended for promotion, or that performance is judged unsatisfactory. In the case of a finding of unsatisfactory, the post or bureau may recommend either that the member be given an additional period to demonstrate satisfactory performance or that consideration be given to separation from the Service.

3 FAH-1 H-2326.3 Action on Unsatisfactory Ratings

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

Whenever an unsatisfactory rating for a member subject to administrative promotion is received in GTM/PE, any scheduled administrative promotion will be suspended pending completion of the review prescribed in 3 FAH-1 H-2327, and such review will be initiated forthwith.

3 FAH-1 H-2326.4 Career Candidate Basic Training

(TL:POH-237; 08-11-2020)
(State Only)
(Applies to Foreign Service Only)

a. The course supervisor will advise the candidate in overcoming difficulties in cases where it appears that a career candidate may not complete the basic training for the specialty in a satisfactory manner. Where it is determined that a candidate has not completed a basic training course satisfactorily, the course supervisor may either recommend that the candidate repeat all or part of the prescribed training or that consideration be given to immediate separation from the Service.

NOTE: A recommendation for separation will be documented in a completed Form DS-1106, Training Evaluation Report (TER), which will be given to the candidate for signature and comment and sent promptly to GTM/PE.

b. GTM/PE will give the candidate the opportunity to submit whatever information or documents the candidate believes are pertinent to the case. The unsatisfactory TER and candidate's comments, if any, will be submitted to the Director General.

c. The Director General may initiate any further inquiry or proceedings, as appropriate, to the issue-giving rise to the unsatisfactory TER. Upon resolution or clarification of the issues involved to the Director General’s satisfaction, the Director General may either:

(1) Initiate immediate action to separate the candidate in accordance with section 611 of the Act and 3 FAM 2329; or

(2) Provide an additional period for the candidate to demonstrate satisfactory completion of basic training or satisfaction of the standards of the specialty. If the candidate fails to complete this additional training in a satisfactory manner, the candidate will be separated in accordance with section 611 of the Act and 3 FAM 2329.

3 FAH-1 H-2327 TEMPORARY OR PERMANENT DEFERRAL OF ADMINISTRATIVE PROMOTION

3 FAH-1 H-2327.1 Grounds for Deferring Consideration

(TL:POH-56; 11-24-1999)
(State Only)
(Applies to Foreign Service Only)

The following reasons are appropriate grounds for deferral of promotion consideration:

(1) An appraisal of the member's performance as unsatisfactory, in accordance with 3 FAM 2329;

(2) Issues of loyalty, security, misconduct, suitability, or malfeasance; or

(3) Inaccurate or incomplete statements included in the member’s official performance file regarding the member’s performance.

3 FAH-1 H-2327.2 Action by Director General

(CT:POH-249; 12-06-2021)
(State Only)
(Applies to Foreign Service Only)

The Director General will promptly inform the member concerned in writing of the action taken and will initiate, pursue, or monitor such inquiry, investigation, or proceeding as is appropriate to the issue giving rise to the deferral. The member will be given the opportunity to submit whatever information or documents the member believes are pertinent to the case. Upon disposition or resolution of the issue, the Director General will:

(1) Determine that performance is satisfactory on the basis of the documented performance file and request that the necessary administrative action be initiated to promote the member to be effective as of the previously scheduled anniversary date;

(2) Determine that performance is judged unsatisfactory on the basis of the documented performance file. In this case, the Director General will:

(a) Initiate action to separate the member in accordance with section 612 of the Act for career candidates serving under limited appointments or section 610 of the Act for members serving under career appointments; or

(b) Provide an additional trial period of 60 days or more for the member to demonstrate satisfactory performance, on the basis of which administrative promotion may be granted. The post or bureau must submit to GTM/PE an employee evaluation report immediately following the additional period in accordance with the provisions of 3 FAM 2329.

(c) In the case of disciplinary or other action against a member, if separation from the Service is warranted, the Director General will document that action in the personnel file and initiate action under section 610 or 612 of the Act, as appropriate, to separate the member. If separation is not warranted but the DG determines that the disciplinary action renders administrative promotion inappropriate, the DG will deny the administrative promotion.

3 FAH-1 H-2327.3 Separation Action Pending

(CT:POH-146; 02-09-2011)
(State Only)
(Applies to Foreign Service Only)

a. Where the Director General has initiated separation proceedings under 3 FAH-1 H-2327.2, subparagraph 2 or 3, the deferred promotion will not become effective pending determination of the separation proceeding. Should the proceeding be resolved in favor of the member, the Director General will take action in accordance with 3 FAM 2329. Should the member be separated, the scheduled promotion will not become effective.

b. The member will be given prompt notice in writing of the Director General's decision and the reasons.

c. In the case of career members assigned to positions in new occupational fields after satisfactory performance in their primary career field, where the member's evaluated performance in the new field has been found unsatisfactory and an additional trial period is not considered warranted, the Director General will direct reassignment to a position in the former occupational category in lieu of separation.

3 FAH-1 H-2328 AND H-2329 UNASSIGNED

UNCLASSIFIED (U)