UNCLASSIFIED
MRN: 14 STATE 141576
Date/DTG: Dec 11, 2014 / 111436Z DEC 14
From: SECSTATE WASHDC
Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE ROUTINE
E.O.: 13526
TAGS: AMGT, APER
Reference: A) 13 STATE 86639
Pass Line: FOR ALL HEADS OF AGENCY AT POST
FOR ALL MANAGEMENT OFFICERS FROM UNDER SECRETARY FOR MANAGEMENT
PAT KENNEDY
Subject: THE NSDD 38 APPLICATION - A PRIMER
Summary: M/PRI’s Office of Rightsizing regularly receives inquiries from requesting agencies and post
management officials regarding various elements of NSDD (National Security Decision Directive) 38 policies
and procedures. This telegram aims to address some of those questions and invite interested employees of all
agencies to participate in an NSDD 38 webinar scheduled for December 17. Recipients are encouraged to
contact M/PRI with specific questions or concerns at any time. End Summary
Applicability – Who is Covered by NSDD 38?
1. NSDD 38 applies to Executive Branch agency direct-hire, full-time permanent positions. The vast
majority of these positions are U.S.-based direct hires. Though increasingly rare, there are still locally recruited
direct-hire positions around the world, and any changes to those positions require Chief of Mission approval via
the NSDD 38 process. In addition, the Legal Advisor has concluded that U.S.-based personal services
contractors (PSCs) have an employer-employee relationship with the U.S. Government such that those positions
must also be processed through NSDD 38. All of the above positions fall under Chief of Mission authority and
any changes to them must be effected through the NSDD 38 process.
Applicability – Who is NOT Covered by NSDD 38?
2. Institutional (aka third-party or commercial) contractors are not subject to Chief of Mission authority
and, therefore, are not approved or disapproved through the NSDD 38 process. The employer-employee
relationship exists between the individual and the company with which the USG has a contract. Also specifically
excluded from COM authority and NSDD 38 processing are Executive Branch employees serving under the
command of a U.S. Geographic Combatant Commander (GCC) or on the staff of an international organization.
Locally recruited positions filled through Personal Services Agreement (PSAs) authority are not covered by
NSDD 38.
The Consultative Process with Chiefs of Mission
3. M/PRI encourages agencies seeking to add or abolish positions at any post, at any time, to engage in
direct consultation with the post and Chief of Mission. That coordination should not be the 11th-hour variety, but
a sustained and serious projection that clearly considers the position(s) within the mission’s strategic objectives,
security environment, and overall cost to the taxpayer. Chiefs of Mission have presidentially delegated authority
to determine the optimal staffing level at their posts in light of those three considerations. They should not be
blindsided or caught off guard by NSDD 38 requests about which they have not been consulted. All posts should
have some mechanism for screening and/or pre-approving requests, even if only through informal consultations.
Ideally, when an NSDD 38 request is submitted, posts will use a formal process (i.e., an action memo) to capture
the COM’s decision. M/PRI’s Sharepoint site has a best practice example at:
4. The Office of Rightsizing recently launched an updated NSDD 38 cable to Chiefs of Mission that
references strategic planning documents relevant to the COM’s decision. These include the Integrated Country
Strategy, Mission Resource Request, and the most recent Rightsizing Review. The cable strives to reflect
whether an agency’s position request meets the mission’s strategic objectives (or not), taking into account
security and cost considerations.
Post Responsibilities and Actions
5. Once the Chief of Mission has approved or disapproved an NSDD 38 request, mission management
officers are responsible for updating Post Personnel. The name of the incumbent for a new position may not be
known for months, yet Post Personnel should reflect the expected arrival date and other known information, such
as position title, grade, NSDD 38 case number, etc.
6. M/PRI no longer asks posts to provide detailed answers to questions – those have been converted to
points to consider instead – in an effort to reduce the workload on posts in responding. Still, the updated NSDD
38 cable to Chiefs of Mission now requires mission management officers to affirm to their COMs that Post
Personnel has been updated prior to the post cabling its decision to Washington. The new cable also requires the
mission’s financial management officer to verify that cost estimates for the position have been shared with and
accepted by the requesting agency.
7. Occasionally, discrepancies arise between what an agency’s NSDD 38 submission says are the number
of approved positions for that agency at that post and the number of positions listed in Post Personnel. In its
cable to the Chief of Mission, M/PRI will flag discrepancies it finds and encourage mission human resource
officers to reconcile the numbers by consulting with the agency representative at post. In a majority of cases
there will be no discrepancy or one that can be quickly resolved. In some instances, however, such reconciliation
may not happen fast enough for anyone to affirm to the COM that Post Personnel has been updated. Posts that
cannot affirm to the COM that Post Personnel is updated should note in their response that the mission is working
with the requesting agency to reconcile whatever discrepancy exists.
Why Prompt Reconciliation Matters
8. The U.S. Government footprint abroad is huge, widespread, and costly. Between 2001 and 2013 it grew
substantially. The State Department has the lead for accurately counting – and accounting for – the number of
personnel overseas at any given time. It is imperative, as Reference A underscored, that all personnel databases
be as accurate, updated, and comprehensive as possible. NSDD 38 is a position-based (vice person-based)
application. Still, it contributes to the USG’s critical efforts to track overseas staffing. During any crisis,
Department leadership must be able to reasonably and responsibly assure the American people, Congress, and the
media that it is able to identify and account for all USG personnel serving abroad.
NSDD 38 Information and Contacts
9. M/PRI will host a webinar/roundtable on Wednesday, December 17, to discuss the NSDD 38 process.
The webinar will take place at 9 a.m. Washington time. The webinar is web-based and requires only a computer,
speakers, and internet. Participants do not require a State Department OpenNet account, and there is no need to
dial-in by phone.
To participate in the webinar visit:
Enter as a guest and type your NAME; POST (for example: John; Mexico City). You will be able to ask
questions using the chat box when accessing the webinar. The sessions will be recorded, posted to the M/PRI
Rightsizing Sharepoint site, and available for later viewing.
Lastly, for further information about the analysts who manage the NSDD 38 application and agency portfolios, to
view M/PRI’s updated Frequently Asked Questions (FAQs), or to register other questions or concerns, users
should visit the web application. Post users can access it via EAPS (Executive Agency Personnel System):
those who use the application to request positions should use the URL:
Signature: Kerry
Drafted By: M/PRI:RCWESTON
Cleared By: DS:GSMITH CA/EX:LPSKEIRIK EUR-IO/EX/PMO: SXASHRUF
NEA-SCA/EX: PLHOFFMAN OBO/PRE/OSP:JSLUPP AF/EX:EWSTROMAYER
WHA/EX:JHARLAN M:M_CLEARANCE BP:JFARR EAP/EX:KSTANTON
S/ES:CMHBAKKEN
WASHDC\HoltAC
Approved By: M/PRI:ABTEPLITZ
Released By: IRM_OPS_MSO:Holt, Angela A
Dissemination Rule: Archive Copy
UNCLASSIFIED