3 FAM 2420
FOREIGN SERVICE Career Development AND ASSIGNMENTS
(CT:PER-1185; 04-22-2024)
(Office of Origin: GTM/CDA)
3 FAM 2421 LEGAL AND REGULATORY AUTHORITY
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
The legal and regulatory authorities for this subchapter are:
(1) 22 U.S.C. 2685, 22 U.S.C. 3310, 22 U.S.C. 3901 through 22 U.S.C. 3905, 22 U.S.C. 3921 through 22 U.S.C. 3928, 22 U.S.C. 3941 through 22 U.S.C. 3943, 22 U.S.C. 3945, 22 U.S.C. 3949, 22 U.S.C. 3951, 22 U.S.C. 3981 through 22 U.S.C. 3985, 22 U.S.C. 4023, and 22 U.S.C. 4102;
(2) 5 U.S.C. 3343 and 5 U.S.C. 3581 through 5 U.S.C. 3584;
(3) Section 602 of the Agricultural Act of 1954 (68 Stat. 908; 7 U.S.C. 1762); and
(4) 31 U.S.C. 1535.
3 FAM 2422 AUTHORITY
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
The Secretary of State has delegated the authority under 22 U.S.C. 3982 and 22 U.S.C. 3983 to the Under Secretary for Management through Delegation of Authority 148-1 of September 9, 1981, as amended, and Delegation of Authority 198 of September 16, 1992, as amended. This authority is exercised through the Director General of the Foreign Service and Director of Global Talent Management (DGGTM) who is responsible for formulating and implementing personnel policies and programs for the Department and the Foreign Service. The Office of Career Development and Assignments (GTM/CDA) administers the open assignments system.
3 FAM 2423 OBJECTIVE
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
a. The Bureau of Global Talent Management (GTM) has established a career development program (CDP) (22 U.S.C. 4023) and a professional development program (PDP) in order to help ensure, in part, that members of the Senior Foreign Service possess the necessary skills and qualifications to carry out their responsibilities to the Department.
b. GTM endeavors to maintain the most effective staffing of positions possible within budgetary and complement limitations, consistent with responsibilities and needs of the Foreign Service giving due regard, as practicable, to the career interests and aspirations of Foreign Service personnel.
c. The open assignments system is designed to engage all Foreign Service employees directly in the assignment process by disseminating information on all position vacancies, training programs, and other available assignments, and offering the opportunity to compete openly for them.
3 FAM 2424 POLICy
3 FAM 2424.1 Career Development Program (CDP) and Professional Development Program (PDP)
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
a. CDPs and PDPs are designed to help employees acquire the experience and breadth of service that will prepare them for the increasingly demanding standards associated with more senior positions in the Foreign Service. CDPs and PDPs are “self-certifying” programs. That is, when employees are ready to be considered for promotion into the Senior Foreign Service for generalists or to the highest promotable grade for specialists, they certify through the GTM Career Tracker application at GTM Online that they have met the necessary requirements for promotion.
b. The CDPs and PDPs lay out the specific skills and attributes that must be demonstrated prior to consideration for promotion into the Senior Foreign Service, or the highest level of specialty. For each type of threshold promotion, whether generalist or specialist, there are requirements and electives that are considered examples of service that would lead to service readiness and demonstrated competence in accordance with Department principles. Before consideration for promotion to the Senior Foreign Service, or the highest level in certain specialist ranks, all mandatory requirements must be met, and a specified number of electives must also be completed. For those already in the Service prior to implementation of the CDP, these requirements are phased in based on personal rank at the time of CDP and PDP implementation. The CDP and PDP Playbooks for each skill code can be found on the GTM Bureau intranet site.
c. The Professional Development Program (PDP) is designed to enhance leadership and adaptive capacity, fuel professional development, and develop the experience and skills of employees over the length of their careers. It is also designed to help the Department to meet Service needs at various grade levels. The PDP takes into account that Service needs continue to evolve based on U.S. interests, international challenges, and the evolution of diplomacy to encompass inter-agency and “crisis response” responsibilities. The principles of the program encompass this dual objective of employee development and meeting Service needs. This is because no single career path -- no specific set or sequence of assignments, no particular promotion timing -– determines success. Professional growth and career advancement come from taking on challenges and demonstrating accomplishments across an array of assignments to broaden experience, widen perspective, deepen expertise and language proficiency, and amplify leadership and adaptive capacity. Employees should use assignments and training opportunities to challenge themselves and to integrate competencies and skill sets for positions of greater responsibility irrespective of rank or grade.
d. Until 2026, any Generalist considering crossing the threshold into the Senior Foreign Service (SFS) may select which program to follow, the CDP or the PDP for Generalists.
3 FAM 2424.2 Foreign Service Assignment
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
a. An “assignment” to a Foreign Service position (22 U.S.C. 3985) will be for any period of more than six months.
b. Foreign Service employees are expected to serve abroad for a substantial portion of their careers in the Foreign Service. They may not serve continuously in the United States for more than eight years (by law, 22 U.S.C. 3984) without an extension granted by the Director General.
c. GTM will also, in general, assign employees to a domestic position at least once during each 15 years (22 U.S.C. 3984).
3 FAM 2424.3 Needs of the Service and Other Assignment Considerations
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. The overriding consideration in the assignment of Foreign Service personnel, subject to all applicable statutory requirements, is the needs of the Service as defined by the Director General. A needs-of-the-Service determination may be based, among other things, on such factors as critical staffing needs, service at differential posts, and the most effective use of the employee’s experience and competencies including foreign-language proficiency. GTM will make assignments, in general, in recognition of certain management concerns including, but not limited to, the best match of personnel resources to staffing needs, the equitable sharing of service at differential posts, career-development and training objectives, and the cost associated with transfer, including any curtailment. GTM will, in addition, provide employees with an opportunity to register their individual assignment preferences.
b. To the extent practicable and possible, and in context of the other provisions of this section, GTM will consider these preferences in the assignment process. GTM will also take into account, in the same manner, other pertinent individual issues which may include, among others, any relevant health issues affecting employees or employees’ eligible family members [EFMs] (as defined in 16 FAM 200, Medical Examination and Clearance Procedures), family togetherness, educational needs, suitable housing, personal considerations of a compassionate nature, and EFM employment.
c. Consistent with 13 FAM 325, paragraph a, it is each employee’s responsibility to ensure that he or she completes any mandatory training for assignment abroad. Accordingly, Foreign Service employees must familiarize themselves with the training requirements contained in 13 FAM 320, Mandatory Training Preparatory to Going Abroad, and must satisfy those training requirements. In addition, consistent with 16 FAM 214, Foreign Service employees are responsible for obtaining the appropriate medical clearance for their assignment abroad.
3 FAM 2424.4 Worldwide Service
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
Consistent with 22 U.S.C. 3901(a)(4), Foreign Service employees are required, as a condition of employment, to accept assignment on a worldwide basis at the discretion of the Department.
3 FAM 2424.5 Dual Nationality
(CT:PER-1107; 10-27-2022)
(State Only)
(Applies to Foreign Service Employees Only)
The Department does not permit U.S. employees to be assigned to posts in countries of which they are nationals. If a U.S. employee wishes to serve at a post in a country that would regard the employee as a national, including through parents or grandparents without an affirmative action by the employee, the employee should take the necessary measures to renounce the non-U.S. nationality. This section applies to U.S. employees whom post would otherwise accredit as members of the mission in accordance with the procedures described in 2 FAM 220, but does not apply to eligible family members.
3 FAM 2425 ANTI-NEPOTISM REQUIREMENTS
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
The legal basis for the Department’s anti-nepotism regulations are found in 5 U.S.C. 3110 and 5 U.S.C. 2302(b)(8). See 3 FAM 8310 for the Department's anti-nepotism provisions related to eligible family members. See 3 FAM 8320 for the Department's anti-nepotism provisions related to tandem Foreign Service assignments.
3 FAM 2426 tandem ASSIGNMENTS
3 FAM 2426.1 Scope and Definitions
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. A tour of duty is the specified duration of an assignment. Assignments to Foreign Service positions are made by the GTM/CDA assignment panels. The assignment panels review, discuss, and make assignments and associated decisions.
b. A tandem is defined as a married employee who is a career or career candidate member of the Department's FS or Senior FS and whose spouse is a career or career candidate member of the FS or Senior FS, or an employee of one of the Foreign Affairs agencies (Department of State, Department of Agriculture, Department of Commerce, U.S. Agency for Global Media, and U.S. Agency for International Development), or any other agency authorized to use the Foreign Service Personnel System under 22 U.S.C. 3922.
3 FAM 2426.2 Entry-Level Tandem Assignments
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
Entry-level employees have fewer options and less flexibility due to tenure requirements and therefore generally will be "lead bidder" when bidding with a mid- or senior-level spouse, subject to the needs of the Service as defined by the Director of Career Development and Assignments and explained in 3 FAM 2424.3. CDA/EL will seek to direct the entry-level employee into an assignment from their bid list that meets the entry-level member's career development requirements for tenure, as well as Service need. Family togetherness is one component of Service need. Entry-level employees must communicate and work closely with their CDOs throughout the assignment process.
(1) If both members of the tandem are entry-level employees, CDA/EL will make every reasonable effort to assign the couple to the same post. However, assignment to the same post will not always be possible due to Service need, including such factors as position availability, timing, language issues, or tenure requirements, among other possible considerations.
(2) If one member of the tandem is entry-level and the other member is mid- or senior-level, GTM/CDA will coordinate internally and with the various Bureaus to assign tandem career candidates with their spouses whenever feasible, in accordance with Service need. Factors such as those described in 3 FAM 2426.2a, as well as the assignment timing for the more senior member, apply to these assignments as well.
(3) Entry-level clients may not appeal directed assignments (3 FAH-1 H-2425.8-6). EL-directed assignments are only broken based on an extenuating circumstance such as a change in medical or security clearance. Mid- and senior-level members of tandems, however, can take advantage of the flexibilities available to them in the open assignments system, including breaking or curtailing from an assignment. Employees should contact their CDO for details and guidance.
(4) Members of tandems with partners in another Foreign Affairs agency should alert their CDO on entry. As each agency has unique staffing and assignment policies, assignments for these individuals will be handled on a case-by-case basis.
(5) If CDA is unable to assign both tandem spouses to the same post or country, CDA will provide a written explanation for its assignment decision to the member(s) of the tandem that requested assignment together.
3 FAM 2426.3 Tandem Assignments at the Mid-Level and Above
3 FAM 2426.3-1 General Practice
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. The Department of State will make a reasonable effort to assign both members of a tandem to the same post in positions appropriate to their grade and qualifications, in accordance with Service need. The Department will ensure that all members of the Foreign Service receive equal consideration for the positions in question.
b. The Department endeavors to support tandems and minimize the likelihood of assignments apart. However, the ultimate needs of the Service and individual career requirements will dictate that a tandem couple may serve at different locations at some point, and maybe more than once, over the course of their careers. Assignments apart are normal, even for couples with children. Additionally, some tandems may choose, for personal or professional reasons, to seek assignments that are not co-located. Tandems whose priority is to serve together at the same post should aim to be on the same bidding cycle, even if their transfer eligibility dates do not match exactly. Tandems should also cast as wide a net as possible during the bidding process to maximize the likelihood of being posted together and bid realistically.
c. Subject to Service need, there are certain actions the Department will generally support to align tours of duty and to accommodate tandems, such as negotiated tours of duty (longer or shorter than the norm) and actions allowed under the Permanent Change of Station (PCS) Flexibility Program. However, the Department generally will not approve language waivers for the sole purpose of allowing both tandem spouses to arrive at post at the same time absent a compelling Service need to do so. Nor will the Department approve direct transfers (e.g., where an employee defers or delays taking home leave after departing post) as a method of synchronizing tandem assignments absent compelling circumstances.
3 FAM 2426.3-2 Bureau Responsibilities
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. Bureaus must consider family togetherness as one component of their Service needs determinations when evaluating tandem couples for open positions during bidding season, in accordance with 3 FAM 2424.3. Where positions at a post are controlled by multiple bureaus or agencies, the bureaus or agencies involved should coordinate their selection processes to ensure family togetherness is considered as part of their overall Service-needs assessments.
b. Bureaus must also conduct thorough, regular reviews of domestic positions for DETO eligibility. Bureaus are strongly encouraged to maximize the number of DETO opportunities that support family togetherness and to work with DETO-eligible tandem bidders to submit request for DETO agreements. Further, bureaus should clearly highlight DETO-eligible positions in capsule position descriptions and highlight these jobs when conducting outreach to candidates.
3 FAM 2426.3-3 Chief of Mission (COM)/Post Responsibilities
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
COMs should review NSDD-38 requests for DETO positions within 15 days. The COM must approve or disapprove requests for DETO arrangements in accordance with NSDD-38 to ensure the required standards are met, and that the DETO arrangement does not expose the U.S. Government to unnecessary risks or place an unsustainable burden on post. COMs should support DETO requests for ClassNet usage when possible. When applicable, COMs should ensure that all badging requirements are consistently managed by the post's Regional Security Office.
3 FAM 2426.3-4 Employee Responsibilities
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. Each employee is responsible for finding an assignment that meets their professional and personal needs. All employees must put together reasonable bid lists containing at-grade positions. Tandem employees are encouraged to strongly consider bidding large posts, domestic assignments, or historically difficult to staff posts. Tandem employees should also engage early with hiring bureaus regarding the possibility of DETO agreements. Employees must not lobby posts or bureaus on behalf of their tandem spouse or other relatives as such advocacy violates nepotism law and Department policy (see 5 U.S.C. 3110 and 3 FAM 8326).
b. Tandems should consult with their CDOs throughout the bidding cycle for guidance on assignment policies, bidding strategies, and career planning. CDOs represent their clients at the assignment panel and in other CDA discussions about assignments. Employees are responsible for ensuring that they make the key factors affecting their assignment preferences clear to decision-makers in CDA and relevant bureaus throughout the bidding and assignments process. Factors include transfer eligibility, language abilities, functional skills, background and training, professional development, bidding privileges or stretch considerations, medical clearance, tandem status, "lead bidder" designation, continuous domestic service (CDS) limitations, any potential restrictions, and how the assignment would address Service need.
3 FAM 2426.4 Tandem Flexibilities
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
The following are flexibilities that may be used in specific situations as applicable.
3 FAM 2426.4-1 Cohen Rule
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
The Cohen Rule permits the assignment, adjustment, curtailment, or break of assignment of one member of a tandem couple in order to synchronize their tours into the same bidding cycle. The rule permits negotiated tours of duty (i.e., tours that are longer or shorter than the standard duration) for one member of a tandem couple who would otherwise be on Leave Without Pay (LWOP) in the assigned member's city of assignment, when such assignment actions would not disadvantage another bidder and would be compatible with the needs of the Service. The Cohen Rule may not be used to curtail a tour following In-Country Language Training. Employees who are Entry-Level or were directed to an Entry-Level assignment are not eligible to use the Cohen Rule.
3 FAM 2426.4-2 Muller Rule
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
The Muller Rule permits language training at FSI, while remaining on salary, to the unassigned member of a tandem couple who may be going to a post in LWOP status where the language would be an asset, on the premise that a position might come open at that post during the assigned member's tour of duty. The assigned member of the tandem couple must be assigned to the Washington, D.C., metropolitan area for the unassigned member of the tandem couple to be eligible to study in these circumstances.
3 FAM 2427 SPECIAL ASSIGNMENTS
3 FAM 2427.1 Presidential Appointments and Assignments
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
22 U.S.C. 3942(b) provides that when a member of the Foreign Service is appointed to any position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, the member, by accepting such assignment does not lose his or her status as a member of the Foreign Service. Assignment procedures for these appointees are addressed in 3 FAH-1 H-2425.8-2. However, certain special procedures may apply to such individuals (see 3 FAM 3320 and 3 FAH-1 H-3320, Officers Exempted from Leave Act).
3 FAM 2427.2 Training and Details Outside the Department
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
a. 22 U.S.C. 3983(a) authorizes the Secretary to assign members of the Foreign Service, to certain positions outside the Department. Such positions include, among others, those in other Federal agencies; international organizations; for special instruction or training with a public or private organization; and in an office of a Member of Congress or in an office of the Congress.
b. 22 U.S.C. 2685 is a statute that addresses the length of time an employee of the Department of State may be assigned, detailed, or otherwise made available to another executive agency and whether reimbursement is required.
c. 5 U.S.C. 3343 and related regulations provides authority for the Department of State to detail an employee to an international organization. 5 U.S.C. 3581 et seq. and related provisions through 3584 provide the parallel authority for a transfer to an international organization. The President, by virtue of Executive Order 11552, 35 FR 13569, as amended, has delegated to the Secretary the authority to determine whether it is in the national interest to extend a detail or transfer beyond 5 years.
3 FAM 2428 PROCEDURES
(CT:PER-1185; 04-22-2024)
(State Only)
(Applies to Foreign Service Employees Only)
Procedures governing the assignment of employees covered under this subchapter are included in 3 FAH-1 H-2420.
3 FAM 2429 UNASSIGNED