6 FAH-5 H-350 STAFFING AND PERSONNEL

UNCLASSIFIED (U)

6 FAH-5 H-350

staffing and personnel

(CT:ICASS-75; 06-20-2018)
(Office of Origin: CGFS/ICASS)

6 FAH-5 H-351 Staffing Positions ABROAD

(CT:ICASS-66; 11-17-2012)
(Applies to participating ICASS agencies)

The International Cooperative Administrative Support Services (ICASS) management platform supports all agencies under Chief of Mission (COM) authority (see 2 FAM 113.1) as well as other U.S. Government entities that require administrative support services and have received COM approval (see 6 FAH-5 H-394). In order to maintain the efficiency and effectiveness of this platform, post management must ensure that all participating agencies pay their fair share of the related support costs. This section provides guidance and procedures related to staffing positions abroad.

6 FAH-5 H-351.1 Authorities and Responsibilities

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

The COM is responsible for the direction, coordination, and supervision of all U.S. Government executive branch employees in country, regardless of employment category or location, except for those under a U.S. area military command or on the staff of an international organization. This includes U.S. citizen and foreign national personnel hired under direct-hire, personal service contractor (PSC) and personal services agreement (PSA) employment mechanisms who are residents of a host country or are assigned to a post under permanent change of station (PCS) or temporary duty (TDY) orders. These authorities and responsibilities are set forth in National Security Decision Directive 38 (NSDD-38) dated June 2, 1982, and in the President’s standard letter of instruction provided to each COM prior to arrival at post. Department of State regulations covering COM authority and staffing abroad are found in 2 FAH-2 H-110.

6 FAH-5 H-351.2 NSDD-38 Process

(CT:ICASS-75; 06-20-2018)
(Applies to participating ICASS agencies)

a. The National Security Decision Directive–38 (NSDD-38) process is the mechanism by which a COM exercises his or her authority to determine the size, composition, and mandate of U.S. Government executive branch agencies at his or her mission. The NSDD-38 process specifically applies to direct-hire, full-time, permanent (DHFTP) positions staffed by U.S. citizens and foreign nationals (see 2 FAH-2 H-113.1). While the NSDD-38 process does not apply to non-DHFTP positions (i.e., positions filled using PSA or PSC employment mechanisms, and part-time or TDY positions) COMs may establish a similar process to review these positions.

b. The ICASS cost implications of position changes are one of the considerations for COMs in determining the appropriate position levels at their posts. Resolving support issues early in the decision-making process allows COMs to base their decisions primarily on substantive policy considerations rather than resource considerations. ICASS enables the Department of State and other agencies to make more informed decisions about the real costs of establishing and maintaining a presence abroad.

c. Some agencies staff ongoing mission requirements through temporary assignments which, collectively, may extend beyond 365 days. These positions may be filled by one individual or a series of individuals. Agencies that staff mission requirements in this manner are considered to have established permanent positions and, in accordance with existing NSDD-38 guidance, such positions should be reviewed and approved through the NSDD-38 process (see 2 FAH-2 H-113.1). The resource implications of these positions must also be reviewed to ensure that all agencies are treated equitably and fairly (see 6 FAH-5 H-351.2 paragraph d(2) below).

d. Closely coordinate the approval of position gains or losses with the post management section to ensure that adequate resources for ICASS administrative support costs are planned and obtained. The Partial Year Invoice (PYI) module of the ICASS software provides a standard methodology for assessing the impact of position gains and losses on ICASS funding and positions at post (see 6 FAH-5 H-395.1). The following procedures are to be used when considering the resource implications of changes in position levels:

(1) Position reductions: An agency proposing to close down its operations completely or reduce the number of positions at post must use the NSDD-38 process to change the size of its staffing. The corresponding reduction in ICASS charges (through reduced workload and reductions in ICASS support requirements) based on the NSDD-38 request should be coordinated at post and reflected in the ICASS budget process. Agencies withdrawing from a service or completely from post must provide the service provider with six months notification (see 6 FAH-5 H-016.5);

NOTE: See 6 FAH-5 H-333.2 paragraph b(1) for guidance on how to count positions in the NSDD-38 process.

(2) Position increases: Conversely, newly-established positions may create additional support requirements for post’s management staff and may result in higher ICASS costs for post. Post must ensure a consistent and equitable approach to identifying additional costs and appropriately charging agencies for the increased ICASS costs of their new positions. The ICASS service provider, working with the ICASS Budget Committee, must identify the additional ICASS resources required to administratively support the new position(s). The COM’s approval of an NSDD-38 request is contingent upon the requesting agency’s acceptance of and agreement to pay for the ICASS support costs identified by the service provider. (See 6 FAH-5 H-395 on using the PYI module.);

NOTE: Positions staffed on an ongoing basis with TDYers are considered in the same manner as other permanent positions (see 6 FAH-5 H-351.2 paragraph c). Post management must determine if the services provided under ICASS should be billed using the TDY invoicing mechanism (6 FAH-5 H-360) or if they would be more appropriately covered using a PYI in the first year and standard post ICASS MOU in the following years.

(3) Directly attributable costs for new positions: As with all positions, any directly attributable costs associated with the establishment and filling of new non-ICASS positions (such as equipment, supplies, utilities, furniture and furnishings, make-ready and lease costs for residences, reconfiguration of office space, or other services that are for the sole benefit of a new position or the sponsoring agency) are charged directly to the employing agency;

NOTE: Similar costs associated with ICASS Council-approved new ICASS positions are budgeted and funded through ICASS. These funds are provided by regional bureaus and included in the ICASS target.

(4) Coordination with post: Agencies are encouraged to coordinate informally with posts prior to submitting formal NSDD-38 proposals to change their staffing levels abroad. Such coordination can include COMs, post management officers, ICASS Councils, agency representatives at post, and appropriate headquarters offices. Coordination of anticipated staffing changes enables posts to adjust their initial ICASS budget submissions, as appropriate, to include the additional ICASS resource requirements and anticipated workload counts for the new/increasing agency. (See 6 FAH-5 H-333.2 and 6 FAH-5 H-333.3 for guidance on counting and changing for staffing changes.);

(5) Determining new position start dates: For the purpose of determining or projecting the workload and capitation data, new position start dates must be standardized to ensure transparency and equity. The proposed effective date noted in the NSDD-38 approval cable is based on an estimated timeline which may vary considerably (either earlier or later) from the actual arrival date of the new employee. Consequently, for ICASS purposes, in coordination with the employing agency, use the date upon which the service provider initiates any action to support the new/increasing agency (i.e., residence identified, procurements initiated, etc.);

(6) Additional resources are not required: In reviewing the resource implications of other agency position increases, a post may determine that no new resources are needed and the additional workload can be absorbed by existing staff. In such cases, include the workload count for the expanding agency in the budget at the next possible opportunity (see 6 FAH-5 H-333.2 paragraph b(4) for guidance on calculating and entering this workload); and

(7) Using the Partial Year Invoice (PYI) to obtain additional resources: When a post has determined that other agency growth will require the addition of new ICASS positions and resources, the post must use the PYI. The PYI allows posts to bill an expanding agency for the services they receive in the current fiscal year when the post budget has already been submitted and finalized. It is also the mechanism for establishing the amount of the base increase needed for the next fiscal year (see 6 FAH-5 H-395 for more information on the Partial Year Invoice).

6 FAH-5 H-352 categories of personnel

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

a. To carry out their missions overseas, agencies employ personnel who may be hired from the United States, from the embassy’s host country, or from third countries. As citizenship does not always correlate with employment category, understanding the differences that apply to each category is essential in establishing appropriate and correct ICASS workload counts. This section provides guidance for defining categories of personnel for use in ICASS workload counts.

b. When an agency proposes adding an employee, posts should take special care to find out what ICASS services the agency will subscribe to on behalf of that employee. Each case must be treated as unique. Don’t assume that a new employee necessarily will be eligible for, or will receive, the same services as other employees in that category or from that agency. The service provider must get written documentation of the agency’s ICASS service requirements for each new position. For example, access to Health Services requires a State Department accepted medical clearance and the sponsoring agency’s agreement to pay related ICASS charges.

6 FAH-5 H-352.1 Assigned Personnel (U.S.-Based Direct Hire)

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

a. These are employees hired by an agency’s U.S. headquarters to fill permanent, direct-hire positions. A “direct-hire” employee is one who has been appointed into a Federal service such as the Foreign Service, Civil Service, and a military or uniformed service. While the vast majority of U.S.-based direct-hire personnel will be U.S. citizens, there are agencies that employ non-U.S. citizens in these positions. U.S.-based direct-hire personnel typically have official orders assigning them to post and some may have orders that identify specific services for which they are eligible. Most U.S.-based direct-hire personnel will be accredited to the host government, will receive allowances, and will be covered by the emergency action plan. Personnel in this category are counted in the basic package services cost center.

NOTE: Some positions are filled via the Professional Associates (PA) program. The PA incumbents of these positions are counted as locally employed (LE) staff in all capitation-based cost centers. Consequently, they would not be counted in basic package but would be counted as a family member of the sponsoring employee in Community Liaison Office (CLO) and health services.

b. Some agencies fill certain specialized direct-hire positions with nationals of third countries (neither the United States nor the host country). .These employees are typically recruited from outside the host country and travel to the post under orders issued by the agency’s headquarters, the agency’s representative at post; in some cases, the U.S. Government may inherit a repatriation agreement from another host-country employer. Depending on their status, these non-U.S. citizen direct-hire employees can present complicated ICASS service subscription issues. For example, an agency may be willing to import a car for the non-U.S. citizen employee but the host government may not be willing to waive customs duties or related import restrictions. In order to properly advise customer agencies, posts need to look carefully not only at ICASS regulations but also at the Vienna conventions on diplomatic and consular relations and bilateral agreements with the host government. The customer agency must ensure that the service provider can provide this employee all the desired services. Employees in this category are typically counted in basic package services.

6 FAH-5 H-352.2 Locally Employed Staff (LE Staff) Personnel

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

This category of employee includes nationals of the host country who are hired locally, U.S. citizens hired locally (for ICASS purposes, though not for all purposes, this includes Eligible Family Members (EFMs)), or other legal residents of the host country who are hired locally. LE staff may be hired under a direct hire appointment (Foreign Service National (FSN) or similar authority), a Personal Services Agreement (PSA), or other agency’s personal services contracting (PSC) authority. LE Staff personnel in this category are counted in all cost centers with an LE Staff capitation distribution factor when the sponsoring agency subscribes to that service.

6 FAH-5 H-352.2-1 LE Staff Direct Hire Appointment (Foreign Service National and similar authority)

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

Certain LE staff positions are filled by individuals employed under a direct hire appointment as FSNs or under a similar authority of another agency. Some positions may be filled by a resident of the host country, a legally resident U.S. citizen, or a third-country national (either legally resident or recruited from abroad). These employees are counted as LE Staff in any cost center where the sponsoring agency subscribes to that service.

6 FAH-5 H-352.2-2 Personal Services Agreements (PSAs)

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

The majority of LE staff are hired under Personal Services Agreements (PSAs). The PSA is a hiring authority derived from the Department of State or other agency’s contracting authorities. A Department of State PSA concluded abroad is not subject to the Federal Acquisition Regulation (FAR). This category may include residents of the host country, resident U.S. citizens, and third-country nationals (either recruited from abroad and entitled to repatriation and other benefits, or resident in the host country). These employees are counted as LE staff for ICASS workload counts in any cost center where the sponsoring agency subscribes to that service. Do not count locally hired PSAs under basic package services.

6 FAH-5 H-352.2-3 Eligible Family Members (EFMs)

(CT:ICASS-11; 11-07-2008)
(Applies to participating ICASS agencies)

For Department of State positions, eligible family members (EFMs) may be hired under a family member appointment (FMA), a temporary appointment (TEMP), or as a PSA. EFMs are not counted in the ICASS basic package services workload count. For all other ICASS cost centers, EFMs are considered LE Staff for workload count purposes. Family members may also be hired by other agencies using appropriate authorities.

NOTE 1: EFMs are counted as dependents/family members for CLO and health services cost centers.

NOTE 2: Employees hired under the State Department’s Professional Associates program are counted in the same manner as EFMs.

6 FAH-5 H-352.3 Personal Services Contractors (PSCs)

(CT:ICASS-11; 11-07-2008)
(Applies to participating ICASS agencies)

Personal services contractors (PSCs) are individuals with a contract that establishes an employer-employee relationship for some purposes. PSCs can be hired locally or from the United States or a third country; they are often referred to as U.S. personal services contractors (USPSCs), third country national personal services contractors (TCNPSCs) or Foreign Services National personal services contractors (FSNPSCs). Some agencies may make a distinction between their direct-hire staff and PSCs vis-à-vis the ICASS services they receive. Customer agencies are responsible for providing the service provider with clear guidance on the services and levels of service that their PSCs are to be provided through ICASS.

6 FAH-5 H-352.3-1 Offshore Personal Services Contractors

(CT:ICASS-55; 09-02-2016)
(Applies to participating ICASS agencies)

a. Offshore personal services contractors are defined as those individuals who have repatriation rights to their country of citizenship or the country from which they were recruited.

b. Offshore U.S. personal services contractors (USPSCs), unlike non-personal services contractors, are normally provided the same level of service as U.S. direct hires. As contract provisions vary, the service provider must obtain from the sponsoring agency a list of the authorized services for each USPSC. Most USPSCs are counted in basic package services (because they receive and are authorized to receive these services), however they are not counted in HR Services. USPSCs who are not resident in the post city and who are not authorized ICASS services would not be included in ICASS workload counts.

NOTE: Per a State-USAID agreement, USAID’s internationally-recruited USPSCs are authorized full mail and pouch privileges. As costs related to Washington DC-to-post mail and pouch services are calculated in Washington DC using basic package services workload counts, posts must include these USPSCs in basic package workload counts. For return mail services, these USPSCs would be included in the relevant workload counts (e.g., 6192-Pouching Services, 6194-Mail and Messenger Services at Standard posts and 6196-Information Management Services at LITE posts). For more information on use of pouch facilities, see 14 FAM 724.2.

c. Offshore third-country national personal services contractors (TCN PSCs) can present complex issues and need to be reviewed on a case-by-case basis. Post should look carefully at the terms and conditions of the contract and host-country requirements, and coordinate closely with the sponsoring agency. Like offshore USPSCs, TCNs are often provided the same services as USDHs and are, therefore, counted in basic package services; as with USPSCs, they would not be counted in HR services because they receive these services from their sponsoring agency. Pouch services are usually limited to official mail; however, contract provisions may vary and some services might not be authorized (see 14 FAM 724.1-2).

6 FAH-5 H-352.3-2 Locally Hired Personal Services Contractors

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

Locally hired personal services contractors (PSCs) are typically paid at a rate that is based on the local compensation plan (LCP) and typically receive very few services (i.e., no housing, transportation, or related services, etc.). The majority of locally hired PSCs are from the host country, however, they can also be U.S. citizens, including family members, or third country nationals hired locally and who are not entitled to repatriation rights. They are considered locally-employed staff for the purposes of ICASS workload counts in any cost center subscribed to by the sponsoring agency. Locally-hired PSCs are not counted under basic package Services.

NOTE 1: PSCs who are not paid using the LCP and who receive their HR services from their sponsoring agency are not counted in 6451-Human Resources - LE Staff Services (or 6445-Human Resources Services at a LITE post).

NOTE 2: When family members are hired as PSCs, they are also counted as workload in those cost centers where family members are included (i.e., CLO and Health Services) and charged to the sponsoring employee’s agency.

NOTE 3: Locally hired USPSCs are eligible to receive mail and pouch services for official mail and official training materials only (see 14 FAM 724.1).

6 FAH-5 H-352.4 Contracts (Non-PSCs with Individuals or Institutions)

(CT:ICASS-75; 06-20-2018)
(Applies to participating ICASS agencies)

a. As used in this section, the term "contract" means a mutually binding legal relationship by which the U.S. Government acquires goods or services in which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the U.S. Government and its employees. A contractor may be (but is not limited to being) a commercial firm, a nonprofit organization, an educational institution, or an individual.

NOTE: For more information on providing services for entities in this category, see 6 FAH-5 H-394.

b. Agencies that hire non-PSCs whom they wish to have access to ICASS services must first obtain the concurrence of the COM and the service provider. Agencies must provide the service provider with clear guidance on the ICASS services and levels of service desired for their contractors and coordinate the service agreement prior to the arrival of the contractor at post. From the ICASS perspective, ICASS service providers should not deal directly with the contractor. The ICASS service provider must obtain from the customer agency a written list of service subscriptions for which the agency is willing to pay on behalf of the contractor.

c. Neither individual nor institutional contractors are signatories to the ICASS memorandum of understanding (MOU) at post. If a contractor asserts that he or she is entitled to a particular ICASS service per the terms of the contract, the contractor must resolve that issue with the sponsoring agency. ICASS service providers have no standing in the contractual relationship between the agency and contractor. For ICASS purposes, it is the agency’s written subscription of services that governs the services that the ICASS service provider can offer and for which the agency will be billed. Because contractors are private entities receiving only very limited services, they are not normally included in basic package services and in no case would they be assessed the full basic package services charge. Post should review the list of services and reach an agreement with the agency on the appropriate modification based on the services received.

d. ICASS service providers also must examine the proposed service subscriptions against host-country rules and the Vienna conventions on diplomatic and consular relations (VCDR/VCCR). There have been instances where an agency made commitments in a contract to provide a contractor with accreditation, duty-free importation, diplomatic license plates, tax-free status, and other privileges. The embassy had no possibility of providing these services under either host-government rules or the VCDR. A customer agency representative must clear any ICASS service subscription commitments with the ICASS service provider before awarding the contract (see 2 FAH-2 H-116.6 for additional guidance).

6 FAH-5 H-352.5 International Organization Detailees

(CT:ICASS-75; 06-20-2018)
(Applies to participating ICASS agencies)

Individuals assigned to international organizations under a formal detail agreement between the employing agency and the international organization are not subject to NSDD-38 approval procedures and are not under COM authority. However, ICASS services may be provided to U.S. Government employees on detail to international organizations, as appropriate, dependent upon post’s concurrence and charged to the employing U.S. Government agency (see 2 FAH-2 H-116.7). The sponsoring agency is responsible for contacting the overseas post to arrange for any support requirements and establish the basic agreement regarding services to be provided. If ICASS services are desired, the employee would subscribe to an appropriately modified basic package and CLO count and any other services negotiated with the sponsoring agency. The service provider must advise the employee and the sponsoring agency of the requirement to notify the mission of any intent to withdraw from ICASS services at least six months before such termination to avoid additional charges. See 6 FAH-5 H-394 for additional guidance on providing ICASS services for detailees.

6 FAH-5 H-352.6 Awards/Recipients/Grantees

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

Awards (grants or cooperative agreements) are instruments of assistance with non-governmental organizations (NGOs) such as private voluntary organizations (PVOs) and universities. By the terms of the award, employees of recipients of a grant or cooperative agreement maintain private status and may not rely on local U.S. Government offices or facilities for support while under the award. They do not receive ICASS services, including basic package services. The one exception is limited pouch access for official mail through the grantee’s sponsoring agency (see 14 FAM 724.1). If the sponsoring agency requests other ICASS services, allocate the workload counts for these individuals to the sponsoring agency at an appropriately modified level.

NOTE: Recipients are not U.S. Government employees and they would not have a seat on the ICASS Council or the ICASS Budget Committee.

6 FAH-5 H-352.7 Scholars, Fellows, and Long-Term Interns

(CT:ICASS-24; 04-02-2012)
(Applies to participating ICASS agencies)

a. Scholars, fellows, and long-term interns can be subject to NSDD-38 requirements and to COM authority, depending on their type of appointment. The extent of ICASS administrative services these individuals receive will vary from post-to-post.

b. Scholars: Generally, scholars supervised and paid for by the U.S. Government fall under COM authority. Those supervised and funded by a private company or educational institution are not under COM authority (see 2 FAM 220).

(1) Under COM authority: For scholars under COM authority, base your workload counts and modifications on the guidance in 6 FAH-5 H-333.2, paragraph 1, and in 6 FAH-5 H-340 under the “How to Count” section for each specific cost center.

(2) Not under COM authority: ICASS services provided to scholars not under COM authority should follow the guidance outlined in 6 FAH-5 H-394 “Charging Agencies for Services Provided to Personnel or Entities not under COM Authority.”

NOTE 1: For services provided to Fulbright Scholars, the workload counts are attributed to ICASS agency code 1967.0 Public Diplomacy.

NOTE 2: Department of Defense (DoD) personnel participating in the Olmsted Scholar Program are full-time permanent USDHs assigned overseas for graduate study and educational travel. They may come under COM authority and, if so, are subject to the NSDD-38 process. In all cases, charges for ICASS services should be assessed against the appropriate ICASS agency code for the military student(s). Recognizing the objectives of the Olmsted Scholar Program which requires students to live on the economy and have minimal contact with and support from the embassy, post should consider modifications where appropriate and reflective of the services provided.

c. Fellows and long-term interns: Agencies may sponsor other types of individuals under various programs for long term periods. Generally, these individuals do not fall under COM authority but are sponsored by a resident agency (e.g., interns). Most missions provide no services other than support during an evacuation.

(1) Under COM Authority: Some Fellows fall under COM authority and are counted just like any employee of the sponsoring agency; and

(2) Not under COM Authority: ICASS services are provided at the option of the mission and, if provided, related workload counts are included in the counts of the sponsoring agency. A basic package services charge is generally not applicable, although a modified workload count for extensive service requirements may be considered.

NOTE 1: Workload counts for ICASS services should be allocated to the ICASS agency sponsoring the scholar, fellow, or intern.

NOTE 2: Scholars, Fellows, and long-term interns do not have a seat on the ICASS Council or the ICASS Budget Committee.

NOTE 3: For guidance on other types of individuals in this category, refer questions to the ICASS service center.

NOTE 4: Scholars, Fellows, and long-term interns are not considered permanent employees. To ensure this status is appropriately reflected in the post personnel system of records, check the “never co-located” indicator on the OBO attribute screen.

6 FAH-5 H-352.8 Short-Term Interns and Seasonal Hires

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

Occasionally, agencies may sponsor personnel at posts abroad who are classified as interns or seasonal hires. In many cases, such personnel have security clearances and perform official duties. Interns are unpaid and often must pay their own way to post and find their own accommodations. The overseas seasonal hire program (OSHP), formerly known as the summer hire program, permits the hiring of EFM students during the shorter spring and winter breaks from high school and college, in addition to the summer months. Usually, interns and seasonal hires are assigned at post for several months only. The sponsoring agency is responsible for any direct ICASS support services costs for interns. Do not include interns and seasonal hires in any ICASS workload counts.

6 FAH-5 H-352.9 Peace Corps Volunteers

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

a. Peace Corps volunteers should be considered essentially the same as any other private U.S. citizen residents in the area. Peace Corps volunteers are not considered members of the official community; consequently, for the purposes of ICASS, Peace Corps volunteers are not counted as U.S. Government employees. Therefore, Peace Corps volunteers should never be included in any ICASS workload counts.

b. While ICASS services are not provided directly to Peace Corps volunteers, Peace Corps staff are responsible for providing support to volunteers. ICASS services subscribed to by the Peace Corps as an agency benefit volunteers and the appropriate charges are automatically included in the Peace Corps invoice. Do not charge for any further support to volunteers provided at the discretion of the COM.

6 FAH-5 H-352.10 U.S. Government-Sponsored Schools

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

A/OPR/OS-assisted schools are authorized to use the diplomatic pouch and mail facilities for first class official letter mail (i.e., invoices, testing material, correspondence, etc. (see 14 FAM 724.11)). Given the limited nature of this access, no ICASS workload counts are charged to the school.

6 FAH-5 H-352.11 Other Than Full-Time Permanent Direct-Hire Personnel

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

a. Many U.S. Government agencies have authority to employ other than full-time permanent (FTP) direct-hire (DH) personnel, both U.S. and non-U.S. citizens. While non-full-time permanent direct-hire personnel are not subject to NSDD-38 review, they are subject to COM authority. As with any increase in positions, the service provider and sponsoring agency must review the resource implications of such positions and determine the services to be provided.

b. To ensure equity, ICASS workload counts for other than full-time work schedules are weighted to reflect the work schedule of the employee. For example, an employee who is regularly scheduled to work 20 hours per week would be weighted as 0.5 for any ICASS workload count.

6 FAH-5 H-352.12 Domestic Employees Teleworking Overseas (DETOs)

(CT:ICASS-55; 09-02-2016)
(Applies to participating ICASS agencies)

a. In compliance with OPM regulations governing telework (5 CFR 531.605(d)(2)), many USG Executive Branch entities have established policies enabling domestic direct hire employees, under certain conditions, to telework from overseas. The Department of State has determined that all Domestic Employees Teleworking Overseas (DETO) are subject to Chief of Mission (COM) authority by virtue of working for an Executive Branch agency. In addition, pursuant to The Omnibus Diplomatic Security and Anti-Terrorism Act Of 1986 (Public Law 99-399 (22 U.S.C. 4801, et seq.)), as amended, the Secretary of State and, by extension, the COM, is responsible for developing and implementing policies and programs that provide for the protection of all U.S. Government personnel on official duty abroad, including DETOs, requiring agencies to follow the security and all other directives of the COM. The regional security officer (RSO) is responsible for determining on a case-by-case basis the security requirements for DETO employees at post (per below 6 FAH-5 H-352.12 paragraph b(2)).

b. For the purposes of ICASS there are two types of DETOs: 1) sponsored DETO, i.e. civil or foreign service employee on the orders of a USDH spouse/partner accredited by the mission or of military personnel under a Combatant Command (COCOM), and 2) Independent DETO (see exhibit 6 FAH-5 Exhibit H-352.12), i.e. civil or foreign service employee working overseas not on orders of a USG spouse/partner at the mission. In general, DETOs should not require ICASS services to perform their domestic position duties. When services are required, an MOU and an ICASS Subscription of Services Agreement must be in place and signed at post for agencies subscribing to ICASS services for any DETO positions. The employing agency or department is responsible for the cost of ICASS support and must identify the ICASS agency code to be used for billing (either an agency code already in use at post, or a new agency code):

(1) Basic package services are mandatory for Independent DETO employees. However, because DETOs do not require the same level of service as accredited or direct hire employees, the Independent DETO in this instance will be assessed a workload count of “one” in 6150-basic package (BP) with a modification of 0.3. ( for services such as tracking/monitoring status, receipt of security and administrative notices, inclusion in post emergency action plans, and badges, when required by post); and

(2) Security services are mandatory for Independent DETO positions. As all DETO positions fall under COM authority, they receive a minimal level of mission support with regard to their safety and security. Independent DETOs, whose security requirements are not already covered as a family member of a mission or military employee, are required to subscribe to 5880-Security Services for coverage in the event of an emergency, and for maintenance of the RSO residential security inspection records per 6 FAH-5 H-341.6 Security Services (5880). However, because DETOs should not require the same level of service as a mission-related employee, the Independent DETO will be assessed a workload count of “one” in 5880-Security Services, typically with a modification of 0.3.

c. Beyond basic package, security services, and any other local guard requirements of the RSO, the ICASS services available to DETOs are very limited. A DETO’s service and/or subscription will vary depending upon the requirements of their position as determined by their employing agency or post management (e.g., occupying office space within the embassy) and their relationship with the mission (e.g., whether or not on the orders of a USG spouse/partner at the mission. For example, due to the non-diplomatic status of Independent DETOs in country, they would not have access to duty-free importation privileges under shipping and customs services.

d. Workload counts for DETOs: Depending on the type of DETO (sponsored or independent), posts will need to determine the appropriate workload counts for these employees:

NOTE: The employing agency is responsible for the cost of any direct charges to the agency (e.g., security upgrades to residences (for Independent DETOs), purchase of a computer or other equipment, if required).

(1) Sponsored DETO: DETOs in this category who are spouses/ partners of a USDH under COM are already counted as family members under cost centers 6443-CLO Services and 5624-Health Services, and they receive the services that family members normally receive such as security support in an emergency, residential security services, and basic package services. DETOs in this category that are spouses/partners of military personnel under COCOM normally receive these services from the military. If the sponsored DETO does not work in embassy-provided space, the ICASS services needed to support the DETO in the performance of their ‘domestic position’ responsibilities are minimal to none. In rare circumstances, post management may require or the employing agency may request that the DETO work from embassy-provided office space. If post is able to accommodate the request, the DETO may be assigned office space and will likely require subscription to additional services such as: 5458-IM Technical Support Services, 78XX-Building Operations Services, 5826–Non-Residential LGP, and 6195-Reception, Switchboard and Telephone Services (when applicable):

(a) If the sponsored DETO works for an agency with a corresponding agency code already in use at post, the agency’s existing workload counts are adjusted to include workload counts for the services provided to the DETO; and

(b) If the sponsored DETO works for an agency with an agency code not in use at post, the agency must sign an MOU and subscribe to any specific ICASS services required.

(2) Independent DETO: DETOs in this category must subscribe to 5880-Security Services (per above 6 FAH-5 H-352.12 paragraph b(2)) , and basic package (per above 6 FAH-5 H-352.12 paragraph b(1)). In addition, the DETO’s agency must either submit a request to Facility Protection Division (DS/OPO/FDP) explaining the need to follow different security requirements (per 12 FAH-8 H-740) or the Independent DETO’s agency must subscribe to ICASS for any of the residential Local Guard Program (LGP) Services (5821-Residential LGP Services and/or 5823 Mobile Patrol LGP Services) as required by the RSO:

(a) If the Independent DETO works for an agency with a corresponding agency code already in use at the post, the agency’s existing workload counts are adjusted to include 5880-Security Services (per above 6 FAH-5 H-352.12 paragraph b(2)), and basic package (6 FAH-5 H-352.12 paragraph b(1)) and any workload counts for the services subscribed to by the non-EFM DETO, as appropriate;

(b) If the Independent DETO works for an agency with an agency code not in use at post, the agency is required to sign an MOU and subscribe to 5880-Security Services ( per above 6 FAH-5 H-352.12 paragraph b(2)), and basic package (6 FAH-5 H-352.12 paragraph b(1)) in addition to any other specific ICASS services required; and

(c) In the rare circumstance where the Independent DETO is provided workspace within embassy space, in addition to the appropriate 78XX Building Operations Services, 5458-IM Technical Support Services, and 6195-Reception, Switchboard and Telephone Services, the DETO will be required to subscribe to the mandatory cost centers of 6443-CLO Services, 5624-Health Services (for OSHA purposes) at an appropriate modification level. If the Independent DETO does not occupy embassy provided space, the agency is not required to subscribe to the mandatory services of 6443-CLO Services or 5624-Health Services.

NOTE: Costs associated with the Capital Security Cost Sharing program may also apply to any DETOs occupying embassy provided space. Questions regarding the applicability of CSCS costs for a DETO should be directed to OBO/PRE/OSP.

e. It is the responsibility of the DETO to coordinate with their HQ office to ensure that all ICASS documents (ex. MOUs, invoices and workload counts) are signed in accordance with their HQ and ICASS policies. These responsibilities include providing a six-month notice of termination of ICASS services per 6 FAH-5 H-016.5, Termination or Withdrawal Notice.

f. For billing purposes, DETO workload counts should be included in the post budget at the next possible opportunity, either at the beginning (initial budget) or end (final budget) of the budget cycle. No PYI should be generated for DETOs.

6 FAH-5 H-353 Tandem & Jointly Assigned Couples

(CT:ICASS-16; 10-15-2010)
(Applies to participating ICASS agencies)

ICASS adheres to the basic guideline to “follow the orders” when determining workload counts for tandem couples. Each individual is treated as a separate employee in cost centers that use capitation (head count). Workload for family members (i.e. Health Services and CLO) is based on the sponsor’s assignment orders:

(1) Housing: Assignment orders and inter-agency housing board policy are the guidelines in determining the distribution of ICASS service-provider housing costs in the case of a tandem couple. For example, following 15 FAM 163, Residences Occupied by Tandem Couples, when members of a tandem couple are employed by different agencies and one of the partners is an ICASS service provider, all costs, including residential rent and building operating expenses (BOE), preparation for occupancy, etc., are to be shared equally between the two agencies concerned. In this case, half of these costs would be distributed under ICASS. The same would prevail in the case of a tandem couple where one partner is an ICASS service provider and the other, a State program officer. Workload counts in the leasing and residential building operations cost centers would be multiplied by 0.5 for each employee.

(2) Allowances and Benefits: All allowances and benefits paid at post (e.g., education allowance, education travel, post allowance, etc.) will “follow the orders.” For example, if dependents of a member of a tandem couple are carried on that member’s orders and the member is an ICASS employee, then those allowances and benefits related to the dependents will be allocated 100 percent to the ICASS employee and spread under ICASS.

6 FAH-5 H-354 THROUGH H-359 UNASSIGNED

6 FAH-5 H-Exhibit H-352.12
Sponsored and Independent DETOs

(CT:ICASS-52; 06-16-2016)

(1) SPONSORED DETO

If the DETO is…

Then …

And …

Sponsored: On the orders of a USD spouse/partner under COM authority at the mission,