UNCLASSIFIED (U)

3 FAM 7120

DEFINITIONS

(CT:PER-899;   02-06-2018)
(Office of Origin:  HR/OE)

3 FAM 7121  Definitions

(CT:PER-899;   02-06-2018)
(Applies to State and All Agencies under Chief of Mission (COM) Authority)

NOTE:  The terms defined in this subchapter apply to all provisions of 3 FAM 7000 and 3 FAM 8000 unless otherwise indicated.

Appointment eligible family member (AEFM):  An individual who meets all of the following criteria is considered to be an AEFM for employment purposes:

(1)  Is a U.S. citizen;

(2)  Is the spouse or domestic partner (as defined in 3 FAM 1610) of a sponsoring employee (as defined in this section);

(3)  Is listed on one of the following:

(a)  Travel orders of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan (AIT), or

(b)  An approved Form OF-126, Foreign Service Residence and Dependency Report (or other agency equivalent), of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the AIT, and is residing at the sponsoring employee’s post of assignment abroad;

(4)  Does not receive a U.S. Government retirement annuity or pension from a career in the U.S. Foreign Service or Civil Service.

(5)  Is not a Foreign Service Generalist or Specialist in Leave Without Pay (LWOP) status;

(6)  Is not a Civil Service employee with re-employment rights to their agency or bureau.

Chief of mission (COM):  See 2 FAM 113.1 Chief of Mission and Principal Officer.

Direct-hire (DH) appointment for overseas positions:  A hiring action that is taken under one of the following general U.S. Government appointment authorities or other agency-specific appointment authorities:

(1)  Section 303 of the Foreign Service Act of 1980, as amended (22 U.S.C. 3943), (foreign affairs agencies' employment authority for U.S. citizens and foreign nationals);

(2)  5 CFR 8.1, 8.2 and 301.201 et seq. (general U.S. Government executive branch authority for employing U.S. citizens abroad);

(3)  5 CFR 8.3 (general U.S. Government executive branch authority for employing foreign nationals abroad);

(4)  Section 202(a)(4)(A) of the Foreign Service Act of 1980, as amended (22 U.S.C. 3922(a)(4)(A)), (authorizes the Secretary of State to allow non-foreign affairs agencies' to use the Foreign Service personnel system to appoint U.S. citizen eligible family members or locally resident U.S. citizens).

Domestic partner (DP):  See 3 FAM 1610 Domestic Partners

Eligible family member (EFM): An individual who meets all of the following criteria is considered to be an EFM for employment purposes (country of citizenship is not a factor):

(1)  Is the spouse or domestic partner (as defined in 3 FAM 1610) of a sponsoring employee (as defined in this section); or child of a sponsoring employee under 21 and unmarried, or (regardless of age) unmarried and incapable of self-support; or a parent (including step-parent or legally adoptive parent) or sibling who has been declared as 51% or more dependent on the sponsoring employee;

(2)  Is listed on one of the following:

(a)  The travel orders of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan; or

(b)  An approved Form OF-126, Foreign Service Residence and Dependency Report (or other agency equivalent), of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan, and is residing at the sponsoring employee’s post of assignment.

Family member appointment (FMA):  A Department of State Foreign Service limited, non-career appointment, as authorized in Sections 303, 309 and 311(a) of the Foreign Service Act of 1980, as amended (22 U.S.C. 3943, 3949, 3951(a)), available only to Appointment Eligible Family Members (AEFMs).  An FMA is used to appoint an individual who will encumber a position that has a regular work schedule and is expected to have a term of more than one year, or a position in the Foreign Service Family Reserve Corps.  An FMA may continue for up to five years, and may be extended or renewed in accordance with Sections 309 and 311 (a) of the Foreign Service Act of 1980, as amended, and the regulations in 3 FAM 8210. Local positions may not be encumbered by the same AEFM for more than five (5) consecutive years, unless the local position has been re-advertised and the incumbent was reselected. Exceptions must be authorized by HR/OE.

Foreign Service Family Reserve Corps (FSFRC):  The FSFRC provides a workforce capable of rapid assignment to Department of State positions at a sponsoring employee’s post of assignment abroad under Chief of Mission authority or at an office of the American Institute in Taiwan, including sensitive positions. Only AEFMs, as defined above, are eligible to apply for membership in the FSFRC.  Once appointed into the FSFRC, members will remain in the FSFRC regardless of their work schedule or pay status until their membership is terminated in accordance with 3 FAM 8219.

FSFRC categories:  The three position titles within the Foreign Service Family Reserve Corps. (See 3 FAM 8224.)

FSFRC member:  An Appointment Eligible Family Member who has been appointed into the Foreign Service Family Reserve Corps.

Foreign Service National (FSN):  A Locally Employed Staff employee (as defined below) employed using a Direct Hire Appointment at a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan, (Section 303 of the Foreign Service Act; 5 CFR 8.3).

Highest previous rate (HPR):  A salary level established prior to appointment above the minimum rate (step one) of the grade of the position based on the highest previous rate earned on a prior federal government appointment.

Local Compensation Plan (LCP):  An official document authorized by HR/OE and established in accordance with Section 408 of the Foreign Service Act of 1980, as amended (22 U.S.C. 3968) consisting of authorizations for payment of compensation and benefits to Locally Employed Staff; each U.S. mission has a unique LCP, consisting of salary schedule(s) and wage rates; premium compensation; local leave plans; benefit plans and payments; and other pertinent facets of local compensation.

Local Position:  A position at a U.S. Mission abroad under Chief or Mission authority or at an office of the American Institute in Taiwan, that is filled by individuals recruited and hired at post.

Locally Employed Staff (LE Staff):  Employees hired under the local compensation plan at a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan, using one of the following types of employment mechanisms and authorities:

(1)  Foreign Service National Direct Hire appointment (Section 303 of the FS Act; 5 CFR 8.3);

(2)  Department of State Personal Services Agreement (PSA) authorities (22 U.S.C. 2669(c) and 22 U.S.C. 2669(n)); or

(3)  An employing agency’s specific Direct Hire, PSA, or Personal Services Contract (PSC) authority.

The term “LE Staff” includes the following categories of employees:  Foreign Service Nationals, locally resident U.S. citizens, Third-Country Nationals, EFMs who are in their country of citizenship, and all Members of Household.

Member Of Household (MOH):  See 3 FAM 4180 Members of Household (MOHs).

Overseas employees:  The general term used to describe employees: recruited and hired at post to fill positions at a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan, regardless of citizenship, legal residency, and/or family status.  Overseas Employees may be hired under a Direct-Hire Appointment, Personal Services Agreement, or Personal Services Contract.  For USAID, overseas employees also include personal services contractors who are recruited in the United States to work abroad at a USAID mission.

Participating Agency (PA):  A U.S. Government agency with representation abroad under Chief of Mission authority that has signed a Memorandum of Agreement (MOA) authorizing the Department of State to recruit and hire overseas employees on behalf of the PA  to perform services in support of the PA as provided under 22 U.S.C. 2669(n).  Overseas employees hired under this arrangement are employees of the PA and not of the Department of State.

Personal Services Agreement (PSA):  An employment mechanism used for personal services.  PSAs are administered by the U.S. mission’s human resources office in accordance with 3 FAM 7000 and 3 FAM 8000 on behalf of the Department and participating agencies.  The PSA is not subject to procurement law or procurement regulations.  PSA authorities:

(1)  The Department of State’s PSA authority is found in Section 2(c) and (n) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669 (c) and 22 U.S.C. 2669 (n));

(2)  The Department of Agriculture’s PSA authority is found in Section 740 of Public Law 106-387 (7 U.S.C. 2225(c));

Personal services agreement fixed-term (PSA Fixed-Term):  A type of PSA used to employ Overseas Employees for a definite period of time that exceeds the time limit of a PSA-Limited (See definition of PSA-Limited, below).  The PSA Fixed-Term hiring mechanism may only be used consistent with local law requirements for contracts of a definite period (i.e. the length of the PSA Fixed-Term must not create permanent employment status under local law.)

Personal Services Agreement Limited (PSA-Ltd):  A type of PSA hiring mechanism used to employ some categories of Locally Employed Staff for no more than thirty (30) work days in a calendar year.  The PSA-Ltd hiring mechanism may only be used consistent with local law requirements for contracts of a definite period (i.e., the length of the PSA-Ltd must not create permanent employment status under local law).  U.S. citizens and U.S. legal permanent residents (i.e., “green card” holders) may not be hired on a PSA-Ltd.

Personal Services Contract (PSC):  A contract characterized by the employer-employee relationship it creates between the U.S. Government and the contractor.  USAID uses PSCs, which are authorized under the Foreign Assistance Act of 1961, as amended, and such contracts are subject to, written, and administered under the FAR and USAID’s Acquisition Regulation (AIDAR), Appendices D and J.  Other agencies, including the Department of State, may award PSC’s under various specific statutory authorities.

Sponsoring Employee:  A Direct Hire Foreign Service, Civil Service, or uniformed service member who is or will be assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or an office of the American Institute in Taiwan.

Superior Qualifications Rate (SQR):  A Superior Qualification Rate is a hiring rate above the minimum rate (Step 1) of the class (position grade) on the basis of qualifications which clearly exceed the requirements of the position.

Temporary appointment (TEMP):  A Department of State Foreign Service limited non-career appointment, as authorized in Sections 303, 309 and 311(a) of the Foreign Service Act of 1980, as amended (22 U.S.C. 3943, 3949, 3951(a)). A TEMP appointment is used to appoint AEFMs when the term of appointment is anticipated to be one year or less, regardless of the work schedule, or is expected to last more than one year with an intermittent work schedule.  A TEMP appointment is also used for Foreign Service employees who are hired at post to work during periods of approved Leave Without Pay (LWOP); and for Civil Service employees who have re-employment rights back to their agency/bureau, who are hired at post to work during periods of approved LWOP.  A TEMP appointment may be extended or renewed in accordance with Sections 309 and 311 (a) of the Foreign Service Act of 1980, as amended, and the regulations in 3 FAM 8210.

Third-country national (TCN):  See 3 FAM 7271.1

U.S. citizen eligible family member (USEFM):  An individual who meets all of the following criteria is considered to be a USEFM for employment purposes:

(1)  U.S. citizen;

(2)  The spouse or domestic partner (as defined in 3 FAM 1610) of the sponsoring employee (i.e., a direct-hire Foreign Service, Civil Service, or uniformed service member); or a child of the sponsoring employee who is under 21 and unmarried, or (regardless of age) unmarried and incapable of self-support;

(3)  Is listed on one of the following:

(a)  Travel orders of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan; or

(b)  Approved Form OF-126, Foreign Service Residence and Dependency Report (or other agency equivalent), of a sponsoring employee who is assigned (not TDY) to a U.S. mission abroad under Chief of Mission authority, or at an office of the American Institute in Taiwan, and is residing at the sponsoring employee's post of assignment abroad.

(4)  The following categories of employees are also considered to be USEFMs for employment purposes if they meet the definition above: 

(a)  Foreign Service Generalists or Specialists on approved LWOP ;

(b)  Civil Service employees with re-employment rights to their agency/bureau; or

(c)  Foreign Service or Civil Service annuitants.

3 FAM 7122  through 7129  unassigned

UNCLASSIFIED (U)