3 FAM 8300
NEPOTISM
3 FAM 8310
GENERAL PROVISIONS
(CT:PER-1018; 09-23-2020)
(Office of Origin: GTM/OE)
3 FAM 8311 PURPOSE
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
a. It is the policy of the Department of State to:
(1) Promote a family friendly workplace employing family members abroad to the extent consistent with the law and good management;
(2) Ensure compliance with U.S. law to avoid nepotism and the appearance of nepotism in all employment matters; and
(3) Affirm the role of the Chief of Mission in ensuring compliance with these regulations.
b. This policy shall apply equally to all Department of State employees under Chief of Mission and their relatives regardless of position or type of employment method (e.g., Direct Hire, Personal Services Agreement (PSA), Personal Services Contract (PSC), Family Member Appointment (FMA) or Temporary (TEMP) appointment).
3 FAM 8312 GENERAL
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
a. Employees must scrupulously insulate themselves from actions in their employment that benefit or give the appearance of benefiting their relatives, including their finances, careers, and daily job duties. Employees must insulate themselves from actions in their employment reasonably anticipated to benefit their relatives.
b. An employee may not appoint, employ, promote, advance, or advocate for appointment in or to a Department of State position, any individual who is a relative of that employee. An individual shall not be appointed, employed, promoted, or advanced in or to a Department of State position if such appointment, employment, promotion, or advancement has been advocated by an employee who is a member of the individual’s household.
c. In many instances, an employee appointed, employed, promoted, or advanced in violation of this subchapter is not entitled to pay, and money may not be paid from the Department of Treasury as pay to an individual so appointed, employed, promoted, or advanced.
d. The following authorities are cited:
(1) 5 U.S.C. 3110;
(2) 5 CFR 310;
(3) 5 U.S.C. 2302 (b)(7)
(4) 5 CFR 2635 and
(5) 5 CFR 2640
3 FAM 8313 DEFINITIONS
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
a. For the purpose of 3 FAM 8310 only:
(1) A “relative” for this FAM section is a husband, wife, domestic partner as defined in 3 FAM 1600, member of household as defined in 3 FAM 4181, father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. The definition of relative is irrespective of employing agency, nationality, whether a person is on an employee’s travel orders, or whether the person is a resident at the employee’s post of assignment;
(2) An “employee” for this FAM section is any individual employed by the Department of State. The term “employee” includes all categories of persons with whom the Department of State has a direct employer-employee relationship (including locally employed staff whether direct-hire, personal services agreement (PSA), or personal services contract (PSC)). The term “employee” specifically excludes commissary, recreation association, or institutional contractor’s employees; contractors; grantees; individuals whose services are provided by diplomatic service bureaus; purchase order vendors, and all others without a direct employee-employer relationship with the U.S. Government.
b. Take Notice (N.B.): While the award of a purchase order, a contract (other than PSCs and PSAs), or a grant or cooperative agreement to relatives technically is not subject to anti-nepotism rules, it is subject to conflict of interest prohibitions, including those contained in 18 U.S.C. 208 and 5 CFR 2635, Subpart E. Questions regarding implications of a relative receiving purchase orders, contracts, grants, or cooperative agreements should be addressed to the Office of the Procurement Executive (A/OPE) and the Office of the Assistant Legal Adviser for Ethics and Financial Disclosure (L/EFD).
3 FAM 8314 ROLE OF THE CHIEF OF MISSION
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
The chief of mission or his designee shall annually review the circumstances of employment of each relative of an employee at his or her respective post, to ensure compliance with these rules. When acts of nepotism or the appearance of nepotism may exist, it is incumbent upon the chief of mission to cause immediate corrective action to be taken and to ensure that the situation is immediately reported to the Director General of the Foreign Service and Director of Global Talent.
3 FAM 8315 EMERGENCY WAIVER
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
a. As provided in 5 CFR section 310.102, in extraordinary cases involving immediate threat to human life or property, chiefs of mission may employ relatives of sponsoring employees under chief of mission authority without regard to the department’s nepotism policies for a period not to exceed thirty (30) calendar days. Such employment of relatives under this subchapter shall be immediately reported to the appropriate bureau and the Office of Overseas Employment (GTM/OE) by cable or other expeditious means.
b. Employment of relatives under this subchapter may be extended for a period not to exceed a total of sixty (60) days by approval of the Director of GTM/OE.
3 FAM 8316 Relatives EMPLOYED BY OTHER AGENCIES AND NON-USG ORGANIZATIONS
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
The Department of State does not require an anti-nepotism review of proposed or existing employment of relatives by other agencies or non-U.S. Government employers except when the employee is assigned to post or acting as an ambassador, chief of mission, deputy chief of mission, principal officer, or deputy principal officer. Except in cases involving these five positions, post must refer issues regarding employment of relatives by an agency other than the Department of State directly to the relevant agency for a nepotism determination consistent with that agency's regulations. In cases involving relatives of the ambassador, chief of mission, deputy chief of mission, principal officers or deputy principal officer, however, post must refer the matter to GTM/OE consistent with 3 FAM 8317.
3 FAM 8317 ANTI-NEPOTISM REVIEW
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
In accordance with 1 FAM 230, GTM/OE develops and coordinates the policies and procedures governing Anti-Nepotism Reviews for employment abroad. GTM/OE monitors and provides guidance on the bureau and post administration of Anti-Nepotism reviews.
a. Bureaus must request and receive the approval of the Director of the Office of Overseas Employment (GTM/OE) before employing a relative abroad if any of the following conditions apply:
(1) The individual under consideration is a relative of an ambassador, chief of mission (COM), deputy chief of mission (DCM), principal officer (PO), or deputy principal officer (DPO);
(2) The sponsoring employee is expected to act as ambassador, COM, DCM, PO, or DPO.
b. Posts must request and receive the approval of their Regional or Functional Bureau, if applicable, before employing a relative of an employee abroad if any of the following conditions apply:
(1) Any elements of the “Prohibited Conditions,” listed in 3 FAM 8318 appear possibly to exist;
(2) One relative would be subordinate to the other (either directly or indirectly), and/or would receive work assignments from the other relative
(3) One relative would be anticipated or required to assign or approve the work of the other; and
(4) Substantial rearrangement or realignment of duties or responsibilities at post would be required in order to comply with the requirements of this rule.
c. If any of the conditions listed above appear evident, the employing post must submit an anti-nepotism review request to approve the employment of relatives, via cable, to the appropriate Bureau Office, after the conditional offer is extended, and prior to the extension of the final offer of employment. The appropriate Bureau Office will review post’s request and make the recommendation for approval or denial, with policy clearance from GTM/OE, prior to legal clearance from the Office of the Legal Adviser, Office of Employment Law (L/EMP). The Director of GTM/OE is authorized to act on behalf of the Director General of the Foreign Service and Director of Global Talent (DGTM) to approve or disapprove employment of relatives abroad, as proposed by the relevant Bureau.
d. In situations involving relatives of the Ambassador, Chief of Mission, Principal Officer, Deputy Principal Officer, Management Officer and Human Resource Officer, Bureaus will submit an Anti-Nepotism Review request to approve employment to GTM/OE. GTM/OE will review Bureau’s request and make the recommendation for approval or denial, with legal clearance from L/EMP. The Director of GTM/OE is authorized to act on behalf of the DGTM to approve or disapprove employment of relatives abroad.
e. Determinations of GTM/OE, and the Director General of the Foreign Service and Director of Global Talent (DGTM) remain in effect only so long as the employment conditions described in the approved anti-nepotism review determination, and the individuals in the chain of command remain unchanged. If any changes to these conditions occur, Bureaus must reach out to GTM/OE for a new approval of their determination.
3 FAM 8318 PROHIBITED CONDITIONS
(CT:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
A relative may not be employed if such employment would violate any of the following provisions:
1. An employee may not:
a. sign or approve any official employment actions directly affecting a relative, including, but not limited to, signing or approving appointment affidavits and personnel actions;
b. grant security clearances to, certify time and attendance records for, approve travel for, or certify payments to, a relative;
c. act as rating or reviewing officer on a relative’s performance evaluations;
d. act as rating or reviewing officer for a relative’s rating or reviewing officer;
e. initiate or endorse awards or disciplinary actions for a relative;
f. prepare or approve job descriptions with knowledge at the time that the relative is likely to be a candidate for the position;
g. establish work requirements for a position currently held by a relative;
h. act as a certifying or contracting officer on documents which are signed by a relative as a certifying or contracting officer;
i. approve official documents (such as passports or visas) adjudicated by a relative;
j. have a working relationship which has or gives the appearance of having direction or control over the duties, assignment, promotion, or career of a relative;
(2) An employee and a relative of that employee may not be placed into positions wherein they jointly and exclusively control Government resources, property, or money, or establish Government policy, without third party oversight; or where an employee or relative may reasonably be expected to oversee, audit, promote, advance, or approve work assigned to his or her own relative;
(3) An employee and a member of the employee’s household may not be placed into positions that would require reconfiguration of lines of supervision and work processes in such a manner as would be reasonably expected to have an adverse effect on the mission of the Government or other employees; and
(4) Neither an employee nor anyone whom he or she rates or reviews may participate in an employment selection process with the knowledge at the time that a relative of that employee is likely to be a candidate for a position under consideration. The employment selection process includes:
a. participation as selecting official or member of an employment committee that considers applicants for the specific position sought by a relative;
b. defining position requirements specifically for a position currently being, or that the employee knows in the future will likely be, sought by a relative;
c. establishing qualification standards for a position with the knowledge that the relative of the employee will likely be a candidate for the position;
d. preparation or approval of position vacancy announcements with the knowledge that a relative of the employee will likely be an applicant for the position;
e. classification of a position with knowledge that a relative of the employee will likely be a candidate for the position;
f. setting, establishing, or recommending pay levels for a position currently being, or that the employee knows in the future will be, sought by a relative.
An employee’s participation in an employment selection process disqualifies that employee’s relatives from subsequent consideration for that position, with the caveat that this provision is not violated if an employee and or anyone the employee rates or reviews provides a written certification stating that any prior involvement in any portion of the hiring process was done without any knowledge that the relative in question would be a candidate for the position.
3 FAM 8319 Student Employment
(TL:PER-1018; 09-23-2020)
(State Only)
(Applies to staff assigned/employed abroad)
a. Notwithstanding the provisions of 3 FAM 8317, temporary employment of a relative who is a bona fide full-time student in the Overseas Seasonal Hire Program (OSHP) may be approved by post without the Director of GTM/OE’s approval, provided that:
(1) The Overseas Hiring Program (OSHP) is administered jointly by the post’s Human Resources Office and the Community Liaison Office;
(2) All OSHP employees are employed on a set wage schedule; and
(3) All applicants for OSHP positions are effectively employed.
However, an employee may not advocate or take part in the selection, assignment, supervision rating, review, or discipline of his or her own relative, nor may he or she directly supervise or control the work assignments of a relative, even in the OSHP.
b. Such employment that occurs without GTM/OE approval consistent with paragraph a above shall be limited to 120 calendar days per calendar year.
c. Employment under 3 FAM 8319 shall be by Personal Services Agreement or Personal Services Contract, as appropriate.
d. Should a post be unable to determine whether it can meet the conditions established in paragraph (a) above, it shall consult with the Bureau of Global Talent Management, Office of Overseas Employment (GTM/OE) prior to initiating any employment actions.