3 FAM 2870
SENIOR FOREIGN SERVICE PERFORMANCE PAY AND PRESIDENTIAL Rank AWARDS
(CT:PER-1090; 04-22-2022)
(Office of Origin: GTM/PE)
3 FAM 2871 AUTHORITY
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
The authorities for this policy are:
(1) Sections 405 and 602 of the Foreign Service Act of 1980, as amended;
(2) Public Law 97-377; and
(3) 5 U.S.C. 5307.
3 FAM 2871.1 Definitions
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
Performance Pay: A payment of no more than 20 percent of annual base pay made to a maximum of 33 percent of the members of the Senior Foreign Service (SFS) as authorized by Section 405 of the FS Act of 1980.
Presidential Rank Award (PRA): A type of performance pay authorized by Section 405 of the Act granted by the President to no more than six percent of the members of the SFS on the basis of annual recommendations by the Secretary of State for members of the SFS who have performed exceptionally meritorious or distinguished service. Also subject to the 33% limit.
Performance Pay Board (PPB): A board that annually reviews the members of the SFS and recommends a rank-ordered list for consideration by the Director General for receipt of Performance Pay.
Department Senior Review Board (DSRB): A board that annually reviews the three-year record of performance of eligible members of the SFS and recommends a rank-ordered list for consideration by the Interagency Selection Board for the Presidential Rank Award.
Interagency Selection Board (IASB): A board that annually considers for recommendation to the Secretary those members of the SFS recommended for the Presidential Rank Award by the DSRB and by the participating agencies.
3 FAM 2872 BASIS FOR PERFORMANCE PAY and Presidential rank awards
(CT:PER-1090; 04-22-2022)
The Procedural Precepts for the Foreign Service Performance Pay and Department Senior Review Boards (PPB/DSRB Precepts) establish the scope, organization, and responsibilities of the Foreign Service PPB and the DSRB. The PPB/DSRB Precepts are negotiated annually with the exclusive employee representative.
3 FAM 2872.1 Performance Pay
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
a. Performance Pay is based on the recommendations of the PPBs which review evaluative material of eligible SFS members for the most recent annual rating period.
b. Performance Pay may not exceed 20 percent of base salary and may be awarded to a maximum of 33 percent of the members of the SFS.
c. Before the PPBs meet, GTM/OTA will inform GTM/PE of the maximum number of opportunities available to award Performance Pay, based on the total population of the SFS as of April 15 (the conclusion of the most recent annual rating period). Performance Pay will be distributed among the competition groups (i.e., the Generalist PPB and the Specialist PPB) in proportion to each group’s share of the total SFS population.
d. GTM/PE will inform the PPBs, in advance, of the maximum number of members of the SFS in each competition group projected to receive Performance Pay. The PPBs are not required to use all available opportunities to award Performance Pay.
3 FAM 2872.1-1 Presidential Rank Awards
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
a. The President may grant PRA on the basis of annual recommendations by the Secretary of State of members of the SFS who are nominated by their agencies as having performed especially meritorious or distinguished service.
b. The DSRB convenes annually to recommend eligible members of the SFS for consideration for the PRA. The DSRB will review evaluative material for only the three most recent annual rating periods. The annual process for the PRAs is:
(1) The DSRB reviews evaluative material of eligible members of the SFS during the three most recent annual rating periods; the DSRB recommendations are presented to the IASB.
(2) The IASB considers recommendations of all the agencies with members of the SFS and makes recommendations to the Secretary of State.
(3) The Secretary of State makes recommendations to the President, who may grant the awards, unless the Secretary provides for recognition by means other than an award of performance pay under Section 405(e) of the Foreign Service Act of 1980, as amended.
c. PRAs consist of the Distinguished Service Award for sustained extraordinary accomplishment, and the Meritorious Service Award for sustained superior accomplishment. These awards may be conferred on no more than six percent of the members of the SFS based on the total population of the SFS as of April 15 (the conclusion of the most recent annual performance period), with no more than one percent receiving the Distinguished Service Award.
d. The DSRB, appointed by the Director General of the Foreign Service to act on the Secretary's behalf, will be composed at the discretion of the Director General but will include at least one career SFS member in the active service and one distinguished public member.
e. The DSRB will be informed in advance of the number of members it may recommend for the Presidential Distinguished and Meritorious Service Awards. The DSRB is not required to use all the opportunities available. It will be guided by the PPB/DSRB Precepts and the number of awards authorized. The DSRB will recommend the appropriate award level and the rank order of those nominated. The DSRB will prepare a statement of justification for each officer recommended of no more than two pages in length.
3 FAM 2872.2 Eligibility for Performance Pay and Presidential Rank Award
3 FAM 2872.2-1 General Policy
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
The following individuals who were serving as members of the SFS at the end of the most recently concluded rating period are eligible for consideration for Performance Pay:
(1) Those under career appointments;
(2) Those on limited career extensions;
(3) Senior career candidate appointments; or
(4) Career appointees in the Senior Executive Service with reemployment rights serving in limited appointments under section 310 of the FS Act of 1980, as amended, who are eligible to compete for Performance Pay.
3 FAM 2872.2-2 Eligibility for Review by the Performance Pay Boards
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
To be eligible for review by the PPBs, an employee must have been a member of the SFS at the end of the most recently concluded annual rating period. The employee must have been evaluated as prescribed in 3 FAM 2810. Evaluations for a period of service less than 120 days during the annual rating period are acceptable.
3 FAM 2872.2-3 Eligibility for Review by the Department Senior Review Board
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
To be eligible for review by the DSRB, an employee must have been a member of the SFS or its equivalent for a period of three years as of the most recently concluded annual rating period. The DSRB will review the three most recent annual rating periods. A member of the SFS may receive only one PRA in a three-year period.
3 FAM 2872.2-4 Presidential Appointees
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
A member who served in a Presidential appointment at any time during the most recently concluded rating period will be considered for PPAs and PRAs only if the member has elected to receive SFS salary and leave during that rating period in lieu of the benefits of the position to which he or she was appointed by the President.
3 FAM 2872.3 Selection Criteria
3 FAM 2872.3-1 Performance Pay
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
a. Recommendations for Department Performance Pay shall be based on the following criteria:
(1) Significant and substantial contributions to and advancement of U.S. Government or Departmental/Mission policy goals and to the framework for implementing those goals – political, defense/security, shared prosperity, human security, rule of law, advocacy and public diplomacy.
(2) Leadership: strategic thinking and execution; modeling integrity, respect and service; fostering the next generation and strengthening the institution; forging interagency linkages and collaboration; confronting emerging and transnational challenges and opportunities across the full range of Department interests.
(3) Management: effective and innovative direction and stewardship of programs, resources, and human resources; getting results in systems, processes, outcomes; safeguarding people, facilities, information, and material; leading and supporting operations at domestic offices and overseas posts and in cooperation with the interagency.
(4) People: establishing and running a diverse, productive, collaborative, high performance work environment that respects and inspires employees; engaging in effective communication that influences internal and external audiences, including messaging to and influencing of stakeholders and communities of interest.
b. Note: The PPBs shall consider negatively deficiencies, shortcomings, or weaknesses in security/risk management, performance evaluation/management, and commitment to equal employment opportunity and merit principles.
3 FAM 2872.3-2 Presidential Rank Award
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
Members of the SFS under review for recommendation for a PRA, in addition to being judged by the criteria for Performance Pay above, must have consistently demonstrated sustained accomplishment at a superior or extraordinary level as a member of the SFS, or in equivalent grades, for three years as of the most recently concluded annual rating period, and must exhibit qualities of integrity and creativity and have maintained a high degree of public trust. Evidence of significant sustained accomplishment may be found in:
(1) Significant contributions to U.S. Government and Departmental/Mission policy in the field of foreign affairs, including public diplomacy and international trade and development; or in areas of foreign or domestic policy;
(2) Service in the promotion of internationally recognized human rights, including the right to freedom of religion;
(3) Managerial accomplishments in cooperative efforts with other foreign affairs agencies, other Federal agencies, other U.S. Government entities, and/or with the private sector; and/or
(4) Achievement of Department-wide importance in policy, technical, program, and/or human resource terms.
3 FAM 2872.3-3 Equality of Consideration
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service employees)
All employees will be compared and judged solely on merit with absolute fairness and justice. In particular, no employees will be discriminated against, directly or indirectly, for reasons of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, sexual orientation, genetic information, retaliation, or means of entry into the service.
3 FAM 2873 SAFEGUARD ARRANGEMENTS
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service Only)
Before the pertinent Boards meet, the Department shall inform the appropriate officials of the exclusive employee representative on a confidential basis of the maximum number of Performance Pay and PRA recommendations authorized in each competition group. The employee representative will safeguard the confidentiality of this information until after the results of the Performance Pay process have been made public by the Department. Any revisions in the numbers or amounts of awards subsequently made by management will be disclosed and explained to the employee representative.
3 FAM 2874 REMOVAL OF NAME RECOMMENDED FOR PERFORMANCE PAY and PRESIDENTIAL RANK AWARD
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Service Only)
The Director General may remove a name from the lists of officers recommended for Performance Pay under the same circumstances and requirements as apply to the removal of names from promotion lists as set forth in 3 FAM 2320. The names of officers recommended for the PRA may be permanently removed solely for issues of security, misconduct, suitability, or malfeasance.
3 FAM 2875 PAYMENT OF PERFORMANCE PAY and Presidential Rank Award
(CT:PER-1090; 04-22-2022)
(State Only)
(Applies to Foreign Services Only)
a. Subsection 405(e) of the FS Act of 1980, as amended, provides that the Secretary may provide recognition of meritorious or distinguished service by means other than award of Performance Pay, including PRAs.
b. Subject to subsection (a) above, Performance Pay will be paid in accordance with the rank order recommendations accepted by the Director General at the amounts and in the numbers authorized by management. Payment will be made as soon as practicable without regard to possible subsequent conferral of PRAs.
c. Subject to subsection (a) above, PRAs will be paid to all recipients named by the President as soon as practicable, subject to the applicable legal limitations.
d. Payment of a PRA shall be net of the amount of any Performance Pay received by a member of the SFS in the last year of the three annual rating periods for which the PRA was made. The amount of any such Performance Pay received by a member of the SFS in the last year of the three annual rating periods for which the PRA was made will be subtracted from the amount of a PRA that member receives.
e. Payment: The total amount of basic salary plus Performance Pay (including both Performance Pay and PRAs) and certain other payments received in any calendar year by any SFS member may not exceed the limitation imposed under section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)), as amended. Any amount that is not paid to an employee in a calendar year because of this statutory limitation shall be paid in a lump sum to the employee at the beginning of the following calendar year, in accordance with 5 U.S.C. 5307.
3 FAM 2876 THROUGH 2879 UNASSIGNED