13 Going on 14 — GFM: https://gofund.me/32671a27
Oh, but look here. How long has the FAM been outdated, pet?
I understand that you were authorized extended economy seating on your [travel orders], however, per guidance set forth by TTM-A/LM Transportation Branch and the guidance cable you have attached, not all airlines have economy seating available. In addition, TTM informed us that “premium” economy [programs] are not reimbursable as we are not reporting this under the Department’s mandatory annual Premium Class Travel Report. Based on our research on the Japan Airlines website and the seat guru site, Japan Airlines offers “premium” economy with extra services . . . and the seat guru showed that all Japan Airlines aircraft have [a] distinct premium economy cabin.
JAL Extended Economy is still Economy Class seating in [an] economy cabin with additional leg room, and seems to fit within [the] definition . . . My travel was over 14 hours at the allowable cost, and I did not take a rest stop or purchase business lounge [access]. . . The claim reviewer has only stated her reason [for denial] as JAL providing additional entertainment services in extended economy. Nowhere does the [Foreign Affairs Manual] or guidance mention entertainment services as something to preclude use of extended economy seating.
3 FAM 3660 COMPENSATION FOR CERTAIN INJURIES
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Pursuant to Public Law 116-94, Division J, Title IX, section 901, Congress allows the Secretary of State to pay benefits to certain Department of State personnel under chief of mission authority who incurred a qualifying injury and are receiving benefits under section 8105 or 8106 of Title 5, United States Code. It further authorizes the Secretary of State to pay for the costs of diagnosing and treating a qualifying injury of a covered employee, as defined in 3 FAM 3662, that are not otherwise covered by chapter 81 of Title 5, United States Code (the Federal Employees Compensation Act (FECA)) or other provision of Federal law; and to pay the costs of diagnosing and treating a qualifying injury of a covered individual or covered dependent, as defined in 3 FAM 3662, that are not otherwise covered by Federal law.
b. The Bureau of Global Talent Management (GTM) administers this program.
c. Under this program, covered employees, as defined in 3 FAM 3662, may qualify for a monthly monetary benefit if they are receiving benefits under section 8105 or 8106 of Title 5, United States Code.
d. Under this program, a covered employee, covered individual, or covered dependent, as defined below, may qualify for reimbursement for the costs of diagnosing and treating a qualifying injury which are not otherwise covered.
e. Payments made under this provision are not considered workers’ compensation payments.
Covered employee: An employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.
(1) For purposes of 3 FAM 3663, the following career-type employees are considered “employees of the Department of State” to whom this benefit may apply: Department of State Foreign Service Officers, Department of State Foreign Service Specialists, and career Department of State Civil Service employees working overseas on detail or a Limited Non-Career Appointment (LNA).
(2) For purposes of 3 FAM 3664, the following employees are considered “employees of the Department of State” to whom this benefit may apply: Department of State Foreign Service Officers; Department of State Foreign Service Specialists; Department of State Civil Service employees; employees on Limited Non-Career Appointments (LNA), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions.
Covered individual: An individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is
(1) detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; or
(2) affiliated with the Department of State, as determined by the Secretary of State.
(3) Per Memorandum signed 24 April 2020, the Under Secretary for Management has determined that other agency employees under chief of mission authority are “affiliated with the Department of State.”
Covered dependent: A family member of a Federal employee who, on or after January 1, 2016,
(1) accompanies the employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; and
(2) becomes injured by reason of a qualifying injury.
Family member: An individual who is an “Eligible Family Member” as defined in 14 FAM 511.3.
To our readers and blog friends, we know this has been a difficult year for many. We feel it every day from the time we wake up to the time we go to bed in an uneasy sleep or nasty nightmares. There are days when all we want is to grow vegetables on Mars or sleep in a cave. But hey, we’re still here and we appreciate that you’re still here. We wish you all a happy holidays and send good wishes for the new year. May our homes be always warm in the company of loved ones and good friends. May we keep faith that there will be better days even in these indecorous and disquieting times. (Excuse me, what? Oh, and may this crazy world not self-destruct in the middle of this darn live show). Be well, safe travels, and be kind to one another wherever you are. –DS
Posted: 12:03 pm ET
We’ve seen reports about the revocation of U.S. passports of at least two transwomen. Revocation typically means the bearer of the passport is not a U.S. national, and that is permanent. Denial of passport applications on the other hand could mean new/additional documents are required before adjudication of the application is completed. In any case, we’ve asked the State Department for comment about this news and we received the following response from an official, on background:
We have seen reports of a few transgender individuals having difficulty renewing their passports. The Department has not changed policy or practice regarding the adjudication of passport applications for transgender individuals. While we cannot comment on individual passport applications due to privacy concerns, the Department addresses cases individually, and strives to treat all applicants with dignity and respect. We have provided passport services to transgender individuals for many years, and have extensive instructions for such applications on our website. We cannot comment on individual cases, but are not aware of any revocations of passports for transgender individuals.
The State Department’s travel.state.gov page has a webpage for gender designation change here.
On June 27, 2018, the Bureau of Consular Affairs (CA/PPT/S/A) did issue a policy guidance on Gender Change that appears new with no superseding guidance as best we could tell. They are now now incorporated in the Foreign Affairs Manual under 8 FAM 403.3. So we asked the State Department if this is new guidance and we were told the following:
The Department has not changed policy or practice regarding the adjudication of passport applications for transgender individuals. The Department’s policy guidelines were introduced on June 10, 2010. Since that point, medical certification of final gender reassignment surgery was no longer a requirement for issuance of a passport in the changed gender. Certification from an attending medical physician stating that the applicant has undergone appropriate clinical treatment for gender transition is acceptable. If CA receives an appropriate certification that transition is complete from a licensed physician, a full-validity passport will be issued.
Per 8 FAM 403.3 dated June 27, 2017 note the following:
a. This subchapter provides policy and procedures that passport specialists and consular officers (“you”) must follow when an applicant indicates a gender on the “sex” line on the passport application with information different from the one reflected on some or all of the submitted citizenship and/or identity evidence, including a prior passport.
b. This policy explains the need for medical certification from a licensed physician who has treated the applicant or reviewed and evaluated the medical history of the applicant regarding the change in gender, as well as the need for accurate identification and a photograph reflecting the applicants current appearance. It is based on standards and recommendations of the World Professional Association for Transgender Health (WPATH), recognized as the authority in this field by the American Medical Association (AMA).
c. A passport is defined by INA 101(a)(30) (Immigration and Nationality Act) (8 U.S.C. 1101(a)(30)) as “any travel document issued by competent authority showing the bearer’s origin, identity, and nationality if any, which is valid for the entry of the bearer into a foreign country.” An individual’s gender is an integral part of that person’s identity.
d. Sex reassignment surgery is not a prerequisite for passport issuance based on gender change.
e. Medical certification of gender transition from a licensed physician as described in 8 FAM 403.3-2 is the only documentation of gender change required. Other medical records must not be requested.
f. A form DS-11 Application for U.S. Passport must be used the first time an applicant applies for a passport in reassigned gender, as personal appearance for execution is required, even if the applicant has a previous passport. A change in gender is a change in the identity of the applicant, and evidence of identity in the new name (if applicable) and gender must be presented. Subsequent applications in the same gender may be submitted on a form DS-82 if the applicant is eligible (see 8 FAM 702.2 regarding eligibility to apply on a form DS-82 and 8 FAM 403.3-3(D) regarding resumption of the birth gender).
The State Department official on background told us that “If CA receives an appropriate certification that transition is complete from a licensed physician, a full-validity passport will be issued.”
The June 27 guidance notes that “A full validity U.S. passport will be issued reflecting a new gender upon presentation of a signed, original certification or statement, on office letterhead, from a licensed physician who has treated the applicant for her/his gender-related care or reviewed and evaluated the gender-related medical history of the applicant.” It does not mention the requirement for full transition. When we seek clarification, the same State Department official on background told us the following:
If an applicant is in the beginning stages of transition, a limited passport will be issued to the individual. This can be replaced within two years from the date of issuance for a full validity passport at no-cost to the applicant once CA receives medical certification of the appropriate clinical treatment for gender transition.
The June 27 guidance also says that “The applicant is not required to obtain an amended birth record, amended Consular Report of Birth (CRBA), or to request that the U.S. Citizenship and Immigration Services (USCIS) issue a replacement Certificate of Naturalization/Citizenship reflecting the change of gender.” But also that “State law in the United States and the laws of other countries vary on whether an amended birth certificate may be issued reflecting a gender change”.
Applicants are required to provide primary and secondary IDs in their new gender. Th guidance says “Some form of photographic ID must be presented; You cannot use the doctor’s certification as the only evidence to identify an applicant.”
Medical certifications from persons who are not licensed physicians (e.g. psychologists; physician assistants; nurse practitioners; and others) are not/not acceptable.
8 FAM 403.3-8 has the sample letter for licensed physicians certifying to the applicant’s gender change/transition.
The guidance also includes a section on “conversations with passport applicants seeking to document gender change/transition”, for passport adjudicators:
1) As with all passport applicants, you must be sensitive and respectful at all times;
2) Refer to the applicant by the pronoun appropriate to her/his new gender even if the transition is not complete.
3) Ask only appropriate questions regarding information necessary to determine citizenship and identity of the applicant.
Read more here.
— them. (@them) July 27, 2018
Today I was denied a renewal of my US Passport and told I would need to get a judge to unseal child welfare records from Foster care in order to "prove" my US Citizenship. Despite having had all "Female" ID since 1999, they are now demanding "Proof of Transition" for the 1st time
— Danni Askini (@danniaskini) June 29, 2018
Wow. The U.S. passport office just called and told me that due to an “error,” the government has *retroactively invalidated* the change of gender marker it authorized on my passport last year. They won’t renew my passport w/ correct name & gender until i submit a new doctors note
— ✨ 𝕵𝖆𝖓𝖚𝖘 𝕽𝖔𝖘𝖊 ✨ (@zenalbatross) July 25, 2018
Posted: 12:54 am ET
3 FAM 6215
MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES
(Applies to Foreign Service Employees)
a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. For purposes of this section, a reassignment includes the following:
(1) An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);
(2) Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;
(3) A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;
(4) A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or
(5) A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.
b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.
c. The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.
d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.