Foreign Service Modernization Act

(d) Prohibition on nepotism in recruitment process

(1) In general. No employee of the Department who is involved in, or has influence over, the recruitment, evaluation, or selection of public members of selection boards established under this section may refer, recommend, or otherwise facilitate the consideration of any individual with whom such employee has a personal connection.

(2) Personal connection defined. In this section, the term personal connection, with respect to an employee, includes—

(A) a family member, including a spouse, domestic partner, parent, child, sibling, or any individual related by blood, marriage, or adoption, to the employee; and

(B) any individual with whom the employee has a close personal relationship, including a friend, former colleague, or any other relationship that could reasonably give rise to an appearance of favoritism or bias.

(3) Disclosure

(A) In general. Any Office of Performance Evaluation employee or other personnel described in subsection (a) who becomes aware that an applicant for service as a public member of a selection board established under this section has a personal connection to such employee shall—

(i) promptly disclose such relationship in writing to the Director of the Office of Performance Evaluation; and

(ii) recuse himself or herself from any further involvement in the recruitment, evaluation, or selection of that applicant.

(B) Recordkeeping. The Department shall maintain written records of all disclosures and recusals made under this paragraph.

(4) Prohibition. No applicant for service as a public member of a selection board established under this section may advance to the interview or selection stage if such applicant was referred, recommended, or otherwise introduced into the applicant pool by an employee in violation of this subsection.

(5) Administrative discipline. Any employee who knowingly violates the terms and conditions of this subsection shall be subject to appropriate administrative discipline, in accordance with applicable law and regulations.

(e) Clarification of recruitment sources

(1) In general. The Secretary is authorized to revise and standardize all contract request memoranda used for the appointment of public members to selection boards established under this section to ensure accuracy, transparency, and accountability in the recruitment process.

(2) Matters to be included. Each contract request memorandum described in paragraph (1) shall include—

(A) a clear description of the recruitment process through which the individual was identified and selected;

(B) the specific recruitment source of the individual, including whether the individual was identified through formal outreach, open application, or word-of-mouth referral;

(C) the name and position of any Department employee or other individual who referred, recommended, or otherwise facilitated the individual’s entry into the recruitment process; and

(D) any relevant documentation required under Department policies governing recruitment and selection.

(3) Additional matters to be included. Each contract request memorandum described in paragraph (1) shall also include a signed written certification from the individual identified as the recruitment source stating that, to the best of that individual’s knowledge, the individual selected for appointment—

(A) is not a family member; and

(B) does not have a close personal relationship that could reasonably give rise to an appearance of favoritism or bias.

(4) Forms and procedures. The Secretary shall establish standardized forms and procedures for the certification required under paragraph (3).

(5) Limitation. No contract for service as a public member of a selection board established under this section may be approved or executed unless the contract request memorandum complies with the requirements of this subsection.

(6) Recordkeeping. The Department—

(A) shall retain all contract request memoranda and associated certifications required under this subsection for three years; and

(B) shall make such records available for review by appropriate oversight entities.

(f) Internal controls for word-of-Mouth referrals

(1) Policy. The Director General of the Service, acting through the Office of Performance Evaluation, shall establish and implement a standardized, transparent, and consistently applied policy governing the use of word-of-mouth referrals in the recruitment of public members for selection boards established under this section.

(2) Matters to be included. The policy required by paragraph (1) shall—

(A) define the term word-of-mouth referral to include any informal or direct communication by Department personnel to an individual encouraging or inviting that individual to apply for service as a public member;

(B) establish uniform procedures governing when and how such referrals may be made;

(C) ensure that such referrals are conducted in a manner consistent with merit-based selection principles and applicable ethics requirements; and

(D) prohibit the use of informal referrals in a manner that circumvents established recruitment or outreach processes.

(3) Documentation. The Assistant Secretary shall require that all word-of-mouth referrals be documented in writing. Such documentation shall include—

(A) the name of the Department employee making the referral;

(B) the name of the individual referred;

(C) the date and method of communication; and

(D) a brief description of the nature of communication, including whether the individual was encouraged or invited to apply.

(4) Limitation. No individual may advance in the recruitment process for service as a public member for a selection board established under this section unless the documentation required under this subsection has been completed and retained.

(5) Recordkeeping. The Department shall maintain records of all word-of-mouth referrals in a centralized system to ensure transparency, accountability, and auditability for not less than three years, which shall be made available for review upon request by appropriate oversight entities.