UNCLASSIFIED (U)

3 FAM 8220 

FOREIGN SERVICE FAMILY RESERVE CORPS

(CT:PER-900;   03-01-2018)
(Office of Origin:  HR/OE)

3 FAM 8221  POLICY

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. The purpose of the Foreign Service Family Reserve Corps (FSFRC) is to create a workforce capable of rapid assignment to positions abroad, including sensitive positions.

b. An FSFRC appointment is a limited, noncareer appointment.  Therefore, it does not confer career-conditional status.

c.  FSFRC members must compete for local positions with other eligible and qualified applicants.  Therefore, membership in the FSFRC does not, in and of itself, entitle a member to a local position, compensation, and/or employee benefits.

3 FAM 8222  ELIGIBILITY CRITERIA

3 FAM 8222.1  Eligibility to Apply for the FSFRC

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. Only appointment eligible family members, as defined in 3 FAM 7121, are eligible to apply for membership in the FSFRC, except as specified in 3 FAM 8222.1, paragraph b.

b. U.S. citizen spouses/domestic partners who are on voluntary separate maintenance allowance or involuntary separate maintenance allowance, who are temporarily residing apart from the sponsoring employee, are eligible to apply to join the FSFRC in non-paid reserve status if they meet the criteria listed under (1), (2), (4), (5) and (6) of the definition of AEFM, 3 FAM 7121.  However, they may begin working in a local position only when they resume residing with the sponsoring employee.

3 FAM 8222.2  Eligibility to Maintain FSFRC Membership

(CT:PER-900;   03-01-2018)
(Applies to FSFRC Members Only)

An individual must comply with recertification requirements and must meet all of the following eligibility criteria to maintain membership in the FSFRC:

(1)  Is a U.S. citizen;

(2)  Is the spouse or domestic partner (as defined in 3 FAM 1610) of a sponsoring employee (i.e., a direct-hire Foreign Service, Civil Service, or Uniformed Services member);

(3)  Is listed on an approved Form OF-126, Foreign Service Residence and Dependency Report (or agency equivalent), of a sponsoring employee;

(4)  Is not receiving 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 in LWOP status with reemployment back to their agency/bureau; and

(7)  Expects to continue accompanying the sponsoring employee to future postings abroad.

3 FAM 8222.3  Eligibility to Work in a Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. An FSFRC member must meet all of the following eligibility criteria to work in a local position:

(1)  Must reside at the sponsoring employee’s post of assignment abroad under chief-of-mission authority, or an office of the American Institute in Taiwan; and

(2)  Must be an appointment eligible family member as defined in 3 FAM 7121.

b. An FSFRC member must apply for and be selected to work in a local position at the sponsoring employee’s post of assignment abroad under chief-of-mission authority, or an office of the American Institute in Taiwan, to receive compensation and benefits.

3 FAM 8223  SECURITY CLEARANCES AND SUITABILITY

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. In all cases, individuals who apply for membership in the FSFRC will be subject to appropriate investigation to determine suitability for employment and, if required, eligibility for access to classified information.

b. In the event that information is developed that raises a question of suitability for employment, the Bureau of Human Resources (HR) Personnel Review Panel (PRP) will make the suitability determination for entry into the FSFRC.

c.  Security clearances for all FSFRC members are investigated, granted, denied, revoked, suspended, and/or reduced by the Bureau of Diplomatic Security (DS) in accordance with12 FAM 230, Personnel Security, Executive Order 12968, and the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.

3 FAM 8224  Categories of FSFRC Membership

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. Family members who are appointed to the FSFRC will be assigned by HR Shared Services (HR/SS) to one of three categories based on their current or most recent security clearance:

(1)  For Category One, an applicant must either:

(a)  Hold an active Department of State Top Secret (TS) clearance; or

(b)  Receive from DS revalidation or reciprocity of a TS clearance;

(2)  For Category Two, an applicant must either:

(a)  Hold an active Department of State Secret clearance; or

(b)  Receive from DS revalidation or reciprocity of a Secret clearance;

(3)  For Category Three, an applicant must either:

(a)  Be currently employed by the Department of State under a family member appointment (FMA) or a temporary appointment (TEMP) in a nonsensitive position; or

(b)  Currently hold a public trust determination of moderate risk (MRPT) or high risk (HRPT); or

(c)  Successfully obtain a determination to serve in a nonsensitive position.

b. An FSFRC member selected for a local position that requires a higher level of access to classified information than the member currently holds must complete the following steps:

(1)  Complete the required security process;

(2)  Undergo a personnel security investigation; and

(3)  Receive a favorable adjudication by DS for the higher level access to classified information.  Upon receipt of the favorable adjudication, HR/SS will process a personnel action reflecting the change to the higher FSFRC membership category.

c.  FSFRC members remain at the highest category of membership for which they have qualified (Category One, Two, or Three) until their membership in the FSFRC terminates; until they are granted a new clearance based on the need for a higher level of access to classified information; or until their clearance is suspended or revoked.

d. Recertification to remain a member of the FSFRC will be conducted annually for all Category One and Category Two members in reserve status.  Recertification to remain a member of the FSFRC will be conducted every 5 years for all Category Three members in reserve status.  The FSFRC appointment will terminate if the member does not respond to HR/SS’s recertification query within the required timeline.

3 FAM 8225  Hiring Preference

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

Until FSFRC open enrollment is fully implemented, the hiring preference order will follow 3 FAM 8111.2, paragraph b.

3 FAM 8226  Entry on Duty to a Local Position While a Member of the FSFRC

3 FAM 8226.1  Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. FSFRC members may only apply for a local position at their sponsoring employee’s post abroad.

b. FSFRC members selected for a local position for the Department of State will be appointed to that local position on a family member appointment (FMA) or temporary appointment (TEMP).  FSFRC members selected for a local position for a participating agency (as defined in 3 FAM 7120) will be hired into those local positions on a personal services agreement (PSA).  Under the terms of the Class Determination and Findings issued by A/OPE and dated June 2, 2016, FSFRC members do not need to resign their FSFRC membership to accept employment on a PSA with a participating agency.

c.  FSFRC members in Category One or Category Two who are working in a local position of any sensitivity level may be required to support sensitive mission tasks that require clearances.

3 FAM 8226.2  Compensation for a Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

FSFRC members are compensated only when working in a local position.  Compensation is based on the pay range established for the class/grade of the local position.  Salary is set at step one, or minimum rate, of the classified grade of the position, unless the FSFRC member qualifies for highest previous rate (HPR) or a superior qualifications rate (SQR).  See 3 FAM 8216.1, Pay Under Initial Family Member Appointment; 3 FAM 8216.2, Highest Previous Rate; and 3 FAM 8216.3, Superior Qualifications Rate.

3 FAM 8226.3  Applying for a Local Position While Working in a Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

An individual in a local position on a regular work schedule (not an intermittent work schedule) must serve at least 90 calendar days in that local position prior to being eligible to apply for another local position at the same post of employment.

3 FAM 8226.4  Benefits in a Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. Family member appointments (FMA) (i.e., appointments of over 1 year with a regular work schedule):  FSFRC members working in a local position under an FMA are eligible for enrollment in the Federal Employees Retirement System (FERS), Federal Employees Health Benefits (FEHB) program, and Federal Employees Group Life Insurance (FEGLI) program.  Service credit for retirement purposes will accrue for hours worked.

b. Temporary appointment (TEMP) (i.e., Appointments of 1 year or less regardless of work schedule, or appointments over 1 year with an intermittent work schedule:  FSFRC members working in a local position under a TEMP generally are not eligible to receive FERS, FEHB, or FEGLI benefits.  However, in accordance with 5 CFR 890.102(j), FSFRC members working under a TEMP and who are expected to work at least 130 hours per calendar month may be eligible to enroll in FEHB.  Those FSFRC members who initially converted into the FSFRC from a prior FERS-covered appointment may receive retirement service credit for hours worked.

c.  Personal services agreement (PSA):  FSFRC members working in a local position on a PSA are not eligible to receive or continue FERS, FEHB, or FEGLI benefits.

3 FAM 8227  FSFRC Members in Reserve Status

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. The status of an individual in the FSFRC reverts to reserve status if the FSFRC member's local position terminates.

b. An FSFRC member in reserve status remains a Department of State employee and is subject to the same laws, regulations, and Department policies including ethics and conflict-of-interest laws and regulations and reporting requirements, as other U.S. Government employees.

c.  An FSFRC member in reserve status receives no pay, benefits, or service credit.

d. An FSFRC member in reserve status who is in Category One or Category Two is required to adhere to all the reporting requirements found under 12 FAM 260 and 12 FAM 270, Reporting Requirements, and 12 FAM 275, Counterintelligence.

3 FAM 8228  TERMINATION OF FOREIGN SERVICE FAMILY RESERVE CORPS APPOINTMENTS

3 FAM 8228.1  Termination of Local Position

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. The appointment to a local position may be terminated in accordance with the provisions of 3 FAM 8219.  When appointment to a local position is terminated for one of the reasons set forth in 3 FAM 8219, the FSFRC member’s appointment to the FSFRC generally also will terminate.

b. An appointment to a local position sometimes may be terminated for reasons that will not lead to termination of the FSFRC member’s appointment to the FSFRC.  These reasons include, but are not necessarily limited to:

(1)  Poor performance in the local position; and/or

(2)  Discontinuation of funding for the local position.

c.  With written approval from the Director of the Department’s Office of Overseas Employment (HR/OE), the concurrence of post and the regional bureau, and at the sole discretion of the Department, an FSFRC member whose local position would otherwise terminate under 3 FAM 8219, subparagraphs b(1) or b(2), may continue to serve in the local position when the loss in appointment-eligible family member status is due to the death of the sponsoring employee or divorce or annulment of the marriage to the sponsoring employee.  The individual under the family member appointment (FMA) or temporary appointment (TEMP) in a local position must request such continuation in writing directed to HR/OE.  Such continuation under this provision may be:

(1)  For a period not to exceed 1 year from the date of the event which caused the loss in family status;

(2)  To the end of the current appointment to the local position; or

(3)  To the date on which the individual under the family member appointment or TEMP receives another appointment with the U.S. Government, whichever occurs first.

FSFRC membership continues during such approved extension in a local position.

3 FAM 8228.2  Termination of Appointment to the Foreign Service Family Reserve Corps

(CT:PER-849;   06-21-2017)
(Applies to FSFRC Members Only)

a. An appointment to the FSFRC may be terminated in accordance with the provisions of 3 FAM 8219.  When an appointment to the FSFRC is terminated, any local position in which the FSFRC member is serving also will terminate.

b. An FSFRC member must notify, in writing, either the human resources office or management section of the individual’s post of residence abroad or, in the case of individuals in reserve status, HR Shared Services (HR/SS), when any of the events under 3 FAM 8219, paragraph b, occur.

c.  An appointment to the FSFRC also may be terminated if an FSFRC member fails to timely respond to any required recertification request.

d. With written approval from the Director of HR/OE, and at the sole discretion of the Department, an FSFRC member in reserve status whose FSFRC membership would otherwise terminate under 3 FAM 8219, subparagraphs b(1) or b(2), may continue in unpaid reserve status when the loss in appointment eligible family member status is due to the death of the sponsoring employee or divorce or annulment of the marriage to the sponsoring employee.  The individual in FSFRC reserve status must request such continuation in writing directed to the HR/OE.  Such continuation under this provision may be:

(1)  For a period not to exceed 1 year from the date of the event which caused the loss in family status; or

(2)  To the date on which the individual in FSFRC reserve status receives another appointment with the U.S. Government, whichever occurs first.

3 fam 8229  unassigned

UNCLASSIFIED (U)