Office of Foreign Service Human Resources (OFSHR) (for Foreign Commercial Service employees) Office of Foreign Service Operations (DAFAS) (for Foreign Agricultural Service employees) identifying the domestic partner of the employee and certifying that the employee and the domestic partner of the employee -
the Bureau of Human Resources, Executive Office, Assignment Support Unit (HR/EX/ASU) (for Department of State employees)
Office of Human Resources/Foreign Service Personnel Division (for Agency for International Development employees)
Office of Human Resources/Operations and Benefits (OHR/O) (for the Broadcasting Board of Governors employees)
Office of Foreign Service Human Resources (OFSHR) (for Foreign Commercial Service employees)
Office of Foreign Service Operations (DAFAS) (for Foreign Agricultural Service employees)
For purposes of affording benefits, any child or children of a domestic partner of an employee shall be deemed a stepchild of the employee. The terms "child" or "children" shall include natural offspring, step-children, adopted children, and those under permanent legal guardianship (at least until age 18), or comparable permanent custody arrangement, of the employee or domestic partner when dependent upon and normally residing with the guardian or custodial party.
EMPLOYMENT 1. Proposed changes to 3 FAM 7121 (to permit domestic partners to obtain employment preference at posts abroad currently provided to spouses and certain unmarried children):
Appointment eligible family member (AEFM): An individual who may qualify for a direct-hire Foreign Service appointment on either a family member appointment (FMA; defined below) or a temporary appointment (TEMP; defined below) provided that all of the following criteria are met:
(1) U.S. citizen; and
(2) The spouse or the domestic partner as defined in 3 FAM 1610 of the sponsoring employee, or a child of the sponsoring employee, who is unmarried and at least 18 years old; and
(3) Listed on the travel orders of a sponsoring employee, i.e., a direct-hire Foreign Service, Civil Service, or uniformed services member who is permanently assigned to or stationed abroad at a U.S. mission, or at an office of the American Institute in Taiwan, and who is under chief-of-mission authority; and
(4) Residing at the sponsoring employee's post of assignment abroad or, as appropriate, office of the American Institute in Taiwan; and
(5) Does not receive a U.S. Government retirement annuity or pension from a career in the U.S. Foreign Service or Civil Service.
Other family members or dependents of direct-hire Foreign Service, Civil Service, or uniformed services member's travel orders are not AEFMs or U.S. citizen EFMs for purposes of 3 FAM 8200.
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U.S. citizen eligible family member (USEFM): For purposes of receiving a preference in hiring for a qualified position, a USEFM is an individualwho meets the following criteria:
(1) U.S. citizen; and
(2) The spouse or domestic partner (as defined in 3 FAM 1610) of the sponsoring employee, or a child of the sponsoring employee who is unmarried and at least 18 years old; and
(3) Listed on the travel orders of a sponsoring employee, i.e., a direct-hire Foreign Service, Civil Service, or uniformed services member who is permanently assigned to or stationed abroad at a U.S. mission, or at an office of the American Institute in Taiwan; and who is under chief-of-mission authority, and either:
(a) Resides at the sponsoring employee's post of assignment abroad or, as appropriate, at an office of the American Institute in Taiwan; or
(b) Resides at an involuntary separate maintenance allowance (ISMA) location authorized under 3 FAM 3232.2. If residing at an ISMA location, the individual will not be listed on the sponsoring officer's travel orders but will have a Form SF-1190 processed authorizing ISMA.
Other family members or dependents on direct-hire Foreign Service, Civil Service, or uniformed services member's travel orders are not USEFMs or AEFMs for purposes of 3 FAM 8200.
2. Proposed changes to 3 FAM 2212.3 (employment of spouses or dependents)
a. It is the policy of the Department to consider the employment or re-employment of spouses, domestic partners as defined in 3 FAM 1610, dependents or employees who wish to work at posts abroad. Such employment is subject to the approval of the chief of mission (see 3 FAM2220 and 3 FAM 4120).
b. Posts should routinely survey families as they arrive to determine which spouses, domestic partners or dependents desire employment and have skills which may be needed at the post. The usual provision for security clearances must be observed for all such appointments.
3. Proposed changes to 3 FAM 8212 (Family Member Limited Noncareer Appointments - Definitions) a. Family Member Appointment (FMA) is a type of Foreign Service Limited Noncareer Appointment available only to Appointment Eligible Family Members, as defined below, under the authority of Sections 309 and 311(a) of the Foreign Service Act of 1980, as amended (22 U.S.C. 3949, 22 U.S.C. 3951(a)). A Family Member Appointment has a term of more than one year but not more than five years. A Family Member 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.
b. Appointment Eligible Family Member (AEFM) for purposes of 3 FAM 8210 is defined as a U.S. citizen spouse or domestic partner as defined in 3 FAM 1610, or a U.S. citizen child as referred to in 14 FAM 511.3 who is at least age 18, and who, in either case, is on the travel orders of a Foreign or Civil Service employee or uniformed service member permanently assigned to or stationed at a U.S. Foreign Service post or establishment abroad or at an office of the American Institute in Taiwan abroad, and who does not receive a U.S. Government retirement annuity or pension based on a career in the U.S. Foreign, Civil, or uniformed service. The AEFM must be resident at the sponsoring employee's or uniformed service member's post or officeof assignment abroad, approved safe haven abroad, or alternate safe haven abroad. Other family members or dependents on the sponsoring employee's or uniformed service member's travel orders are not AEFMs for purposes of 3 FAM 8210.
BRIEFINGS, TRAINING,TRAVEL & MEDICAL 1. Proposed changes to 14 FAM 511.3 (definitions to Foreign Service Travel Regulations' Authority and Applicability; to provide for inclusion in travel orders, medical evacuation from post, travel and shipment of household effects, emergency visitation authority, inclusion in housing allocations, and training at FSI):
Eligible family members: (1) Children who are unmarried and under 21 years of age or, regardless of age, are unmarried and incapable of self support. The term "children" shall include natural offspring, step-children, adopted children, and those under permanent legal guardianship (at least until age 18), or comparable permanent custody arrangement, of the employee or spouse or domestic partner as defined in 3 FAM 1610 when dependent upon and normally residing with the guardian or custodial party;
(2) Parents (including stepparents and legally adoptive parents) of the employee or of the spouse or domestic partner as defined in 3 FAM 1610, when such parents are at least 51 percent dependent on the employee for support (these parents are not authorized medical travel);
(3) Sisters and brothers (including stepsisters or stepbrothers, or adoptive sisters or brothers) of the employee, or of the spouse or domestic partner as defined in 3 FAM 1610, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age, or regardless of age, are incapable of self-support (these sisters and brothers are not authorized medical travel; see 3 FAM 3700); and
(4) Spouse or domestic partner as defined in 3 FAM 1610; 2. Proposed change to 16 FAM 116 (medical program) Eligible family member: For the purpose of receiving medical benefits, includes the following members of an employee's family:
(1) A spouse; or
(2) A domestic partner as defined in 3 FAM 1610; or
(3) A child who is unmarried and under 21 years of age or, regardless of age, who is disabled, provided such disability existed on or before the 21st birthday of the child. An unmarried child who travels to post on educational travel orders. The term child includes natural offspring, stepchildren, legally adopted children, and those under legal guardianship of the employee or the spouse or the domestic partner as defined in 3 FAM 1610 when such children are expected to be under legal guardianship at least until they reach 21 years of age and when dependent upon and normally residing with the guardian.
3. Proposed change to 16 FAM 531 (medical coverage limitations)
Hospitalization and other benefits under the Medical and Health Program are subject to the following limitations:
(1) An eligible family member other than a spouse or domestic partner as defined in 3 FAM 1610 is covered until his or her 21st birthday. An unmarried child who travels to post on educational travel orders is also covered. If the family member is disabled or is incapable of self-support because of a disabling medical condition as of his or her 21st birthday, the employee may request a continuation of insurance benefits. Such a request must be submitted to the Office of Medical Services (MED) no later than 31 days prior to the last day of the month in which the family member becomes 21. Periodically, MED will review the family member's medical condition or disability to determine eligibility for continuing this benefit. The employee is responsible for informing MED of any changes in the family member's medical condition that might affect his or her coverage under the program;
4. Proposed changes to 3 FAM 1415 (briefings for eligible family members) a. The schedule of briefings for a chief of mission includes scheduling of briefings for spouses or domestic partners as defined in 3 FAM 1610, so that they may also make careful preparation for assignments abroad. The Foreign Service Institute and the regional bureau will provide briefings on the following:
(1) Government organization;
(2) Current foreign policy;
(3) Post problems;
(4) The nature and character of the country where assigned, and its people; and
(5) The embassy, the residence, and the staff.
b. Spouses and domestic partners as defined in 3 FAM 1610 are encouraged to attend, along with the new ambassador, the two-week Ambassadorial Seminar organized by the Foreign Service Institute.
c. The Family Liaison Office (M/DGHR/FLO) seeks to establish continuing relationships with the spouse or domestic partner (as defined in 3 FAM 1610) of the chief of mission in order to assist such spouse or domestic partner in arranging for his or her departure and life after arrival at the post. M/ DGHR/FLO maintains current and comprehensive files on the contributions of dependents on the economic, political, and social-welfare life of countries of assignment. The Director and M/DGHR/FLO staff are prepared to discuss community activities at the post and the availability of support for embassy dependents' projects with the chief of mission's dependent(s). There are also files available on previous experience of direct interest to spouses and domestic partners.
5. Proposed changes to 12 FAM 424.2 (spouse and dependent briefings) a. Post management must strongly emphasize the advisability of having all spouses, domestic partners as defined in 3 FAM 1610, and adult dependents briefed on the security situation at post and actively encourage them to attend all security briefings to which they are invited.
b. The RSO or PSO must make unclassified security briefings available for spouses, domestic partners as defined in 3 FAM 1610, and other adult dependents of post employees as soon as possible after their arrival at post. Regularly scheduled post orientations may be used for this purpose. However, if a post does not have a formal orientation program, the security officer should make arrangements with the post's community liaison office (CLO) to establish a dependent briefing program that would include all adult dependents.
6. Proposed change to 12 FAM 264.2 (personal travel to critical HUMINT threat countries) h. The Department encourages spouses, domestic partners as defined in 3 FAM 1610, and adult dependents of employees to advise the RSO, PSO, or DS/ICI/CAS as appropriate of their personal travel, and to receive any available defensive security briefings, especially those at post of residence.
7. Proposed change to 12 FAM 276 (reporting travel to critical HUMINT threat countries) i. The Department encourages spouses, domestic partners as defined in 3 FAM 1610, and adult dependents of employees to advise the RSO, PSO, or DS/ICI/CI, as appropriate, of their personal travel, and to receive any available CI defensive briefings, especially those at post of residence.
8. Proposed changes to 3 FAM 3723 (dual entitlements to Rest & Recuperation Travel) a. Employees or eligible family members may not receive dual entitlements. Therefore, the spouse or domestic partner as defined in 3 FAM 1610 of an employee of a foreign affairs agency who is serving at post as a member of the uniformed services or as an employee of the same or another U.S. Government agency is eligible for R&R travel as the employee's eligible family member provided:
(1) The other agency or uniformed service does not accord comparable benefits; and
(2) The spouse or domestic partner as defined in 3 FAM 1610 is included on the employee's Foreign Service Residence and Dependency Report (Form OF-126).
9. Proposed changes to 3 FAM 3753.1 (children of separated families (distance) eligible for travel) Eligibility for this travel extends to children as defined in 14 FAM 511.3 (eligible family members-EFMs), except that children under legal guardianship need not be normally residing with the employee at post. Accordingly:
(1) Natural children, stepchildren, adopted children, and children under legal guardianship or comparable permanent custody arrangement of a Foreign Service member when not residing with the member at post, are authorized visitation travel to post under section 3 FAM 3752 and section 901(15)(A) of the Foreign Service Act of 1980 (22 U.S.C. 4081(15)(A);
(2) Natural children, stepchildren, adopted children, and children under legal guardianship or comparable permanent custody arrangement of a Foreign Service employee who are living with the member at post are authorized visitation travel to visit the other parent or guardian under section 3 FAM 3752 and section 901(15)(B) of the Foreign Service Act of 1980 (22 U.S.C. 4081(15)(B));
(3) Stepchildren are eligible for visitation travel only if the spouse or domestic partner (as defined under 3 FAM 1610) parent (whether adoptive or natural) is residing at post with the Foreign Service member; and
(4) Children under the legal guardianship of an employee or spouse or domestic partner (as defined under 3 FAM 1610), or comparable permanent custody arrangement, are eligible for visitation travel from the member's post of assignment abroad to visit a natural parent only when a court has ordered visitation rights.
10. Proposed changes to Emergency Visitation Travel Provisions
3 FAM 3744 GENERAL PROVISIONS EVT is authorized only under the following circumstances
(1) MEDICAL-A member of the employee's or the employee's spouse's or domestic partner's (as defined in 3 FAM 1610) immediate family is seriously ill or injured and faces imminent death. (Requires approval by the post upon recommendation by the Office of Medical Services.)
(2) DEATH-A member of the employee's or the employee's spouse's or domestic partner's (as defined in 3 FAM 1610) immediate family has died or the eligible family members must accompany the remains of the employee or of an eligible family member resident at the post of assignment who dies abroad to the place of interment in the United States or abroad. (Requires approval by the post.)
(3) INCAPACITATED PARENT-A parent of the employee or the employee's spouse or domestic partner (as defined in 3 FAM 1610) becomes incapacitated and travel is necessary to arrange for the parent's medical treatment or otherwise help assess the parent's need for a new living situation or other form of care. (Requires approval by the Office of Employee Relations for State Department employees and by the Office of Human Resources for employees of other agencies.)
(4) UNUSUAL PERSONAL HARDSHIP-An employee or employee's spouse or domestic partner (as defined in 3 FAM 1610) requires emergency family visitation in certain exceptional circumstances involving unusual personal hardship other than those provided in 3 FAM 3744, paragraphs (1) through (3). (Requires approval by the Office of Employee Relations for State Department employees and by the Office of Human Resources for employees of other agencies.)
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(7) Ordinarily, only the employee or the spouse or domestic partner (as defined in 3 FAM 1610) related to the seriously ill, injured or deceased family member will be authorized for EVT. However, in exceptional circumstances, such as the critical illness or injury of the traveler who otherwise would be authorized for EVT, the chief of mission or head of the Agriculture, BBG, Commerce, or USAID establishment abroad may authorize the employee, spouse or domestic partner (as defined in 3 FAM 1610) to travel in place of such traveler. In the case of travel authorized in 3 FAM 3744, paragraph (3), an employee may designate a spouse to travel in place of the employee.
3 FAM 3745 DEFINITIONS (1) Eligible family member-Refer to 14 FAM 511.3.
(2) Immediate family member-The spouse or domestic partner (as defined in 3 FAM 1610) of the employee, and the children (including stepchildren, adopted children, and those who are or were under legal guardianship) and parents of the employee and the employee's spouse or domestic partner (as defined in 3 FAM 1610). For EVT travel in cases of death, immediate family members shall also include the siblings (including stepbrothers and stepsisters) of the employee and of the employee's spouse or domestic partner (as defined in 3 FAM 1610). Refer to 3 FAM 3746.2-2.
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(4) Parent-A mother or a father of the employee or the employee's spouse or domestic partner (as defined in 3 FAM 1610), including stepparents, adoptive parents, or individuals who have stood in place of a parent. In no circumstance may an individual be deemed to have more than two parents.
3 FAM 3746 CATEGORIES OF AUTHORIZED EVT TRAVEL 3 FAM 3746.1 Medical Employees and their spouses or domestic partners (as defined in 3 FAM 1610) are limited to one round trip for each serious illness or injury of each immediate family member. However, if the traveler returns to post from an EVT visit and the ill or injured immediate family member subsequently dies, a second trip may be approved under the provision of 3 FAM 3744, paragraph (2).
3 FAM 3746.1-1 Authorization Procedure a. Upon receiving a request from the employee for EVT approval under this category, the post shall immediately request, via cable, that MED assess the medical condition of the immediate family member to be visited to determine whether the medical condition of the family member meets the requirements of 3 FAM 3745, paragraph (6). The cable shall include:
The name and address of the immediate family member, and the family member's relationship to the employee or the employee's spouse or domestic partner (as defined in 3 FAM 1610);
Any ambassador, chief of mission, deputy chief of mission, principal officer or deputy principal officer because of the special responsibility and authority of these positions, must obtain the Director General's approval of the arrangements proposed to be made to comply with this section when the spouse or domestic partner (as defined in 3 FAM 1610) of such an officer is assigned to the same post. The requirement for approval by the Director General also applies to the employment of a family member under the posts' dependent-hire program.