### §3943. Appointments by the Secretary

The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in section 3942(a) of this title) in accordance with this chapter and such regulations as the Secretary may prescribe.

(Pub. L. 96–465, title I, §303, Oct. 17, 1980, 94 Stat. 2085.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter (§3901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Lateral Entry Into the Foreign Service

Pub. L. 114–323, title IV, §404, Dec. 16, 2016, 130 Stat. 1928, as amended by Pub. L. 118–31, div. F, title LXII, §6204(a), Dec. 22, 2023, 137 Stat. 972, provided that:

"(a) Sense of Congress.—It is the sense of Congress that the Foreign Service [of the United States] should permit mid-career entry into the Foreign Service for qualified individuals who are willing to bring their outstanding talents and experiences to the work of the Foreign Service.

"(b) Pilot Program.—Not later than 180 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary [of State] shall establish a 5-year pilot program for lateral entry into the Foreign Service that—

"(1) targets mid-career individuals from the civil service and private sector who have skills and experience that would be extremely valuable to the Foreign Service;

"(2) is in full comportment with current Foreign Service intake procedures, including the requirement to pass the Foreign Service exam;

"(3) offers participants in such pilot program placement in the Foreign Service at a grade level higher than FS–4 if such placement is warranted by the education and qualifying experience of such individuals;

"(4) requires only one directed assignment in a position appropriate to such pilot program participant's grade level;

"(5) includes, as part of the required initial training, a class or module that specifically prepares participants in such pilot program for life in the Foreign Service, including conveying to such participants essential elements of the practical knowledge that is normally acquired during a Foreign Service officer's initial assignments[;]

"(6) includes an annual assessment of the progress of such pilot program by a review board consisting of Department [of State] officials with appropriate expertise, including employees of the Foreign Service, in order to evaluate such pilot program's success;

"(7) does not include the use of Foreign Service-Limited or other noncareer Foreign Service hiring authorities; and

"(8) includes not fewer than 30 participants for each year of the pilot program.

"(c) Annual Reporting.—Not later than 1 year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program described in subsection (b), the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a report that describes the following:

"(1) The cumulative number of accepted and unaccepted applicants to such pilot program.

"(2) The cumulative number of pilot program participants placed into each Foreign Service cone.

"(3) The grade level at which each pilot program participant entered the Foreign Service.

"(4) Information about the first assignment to which each pilot program participant was directed.

"(5) The structure and operation of such pilot program, including—

"(A) the operation of such pilot program to date; and

"(B) any observations and lessons learned about such pilot program that the Secretary considers relevant.

"(d) Longitudinal Data.—The Secretary shall—

"(1) collect and maintain data on the career progression of each pilot program participant for the length of each participant's Foreign Service career; and

"(2) make the data described in paragraph (1) available to the appropriate congressional committees upon request.

"(e) Certification.—If the Secretary does not commence the lateral entry program within 180 days after the date of the enactment of this subsection [Dec. 22, 2023], the Secretary shall submit a report to the appropriate congressional committees—

"(1) certifying that progress is being made on implementation of the pilot program and describing such progress, including the date on which applicants will be able to apply;

"(2) estimating the date by which the pilot program will be fully implemented; [and]

"(3) outlining how the Department will use the Lateral Entry Program to fill needed skill sets in key areas such as cyberspace, emerging technologies, economic statecraft, multilateral diplomacy, and data and other sciences."

#### Prohibition on Certain Employment at United States Diplomatic and Consular Missions in Communist Countries

Pub. L. 100–204, title I, §157, Dec. 22, 1987, 101 Stat. 1354, provided that:

"(a) Prohibition.—After September 30, 1990, no national of a Communist country may be employed as a foreign national employee in any area of a United States diplomatic or consular facility in any Communist country where classified materials are maintained.

"(b) Definition.—As used in this section, the term 'Communist country' means a country listed in section 620(f) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)].

"(c) Additional Funds for Hiring United States Citizens.—The Congress expresses its willingness to provide additional funds to the Department of State for the expenses of employing United States nationals to replace the individuals dismissed by reason of subsection (a).

"(d) Report and Request for Funds.—As a part of the Department of State's authorization request for fiscal years 1990 and 1991, the Secretary of State, in consultation with the heads of all relevant agencies, shall submit—

"(1) a report, which shall include—

"(A) a feasibility study of the implementation of this section; and

"(B) an analysis of the impact of the implementation of this section on the budget of the Department of State; and

"(2) a request for funds necessary for the implementation of this section pursuant to the findings and conclusions specified in the report under paragraph (1).

"(e) Waiver.—The President may waive this section—

"(1) if funds are not specifically authorized and appropriated to carry out this section; or

"(2) the President determines that it is in the national security interest of the United States to continue to employ foreign service nationals.

The President shall notify the appropriate committees of Congress each time he makes the waiver conferred on him by this section."

#### Soviet Employees at United States Diplomatic and Consular Missions in the Soviet Union

Pub. L. 99–93, title I, §136, Aug. 16, 1985, 99 Stat. 421, provided that:

"(a) Limitation.—To the maximum extent practicable, citizens of the Soviet Union shall not be employed as foreign national employees at United States diplomatic or consular missions in the Soviet Union after September 30, 1986.

"(b) Report.—Should the President determine that the implementation of subsection (a) poses undue practical or administrative difficulties, he is requested to submit a report to the Congress describing the number and type of Soviet foreign national employees he wishes to retain at or in proximity to United States diplomatic and consular posts in the Soviet Union, the anticipated duration of their continued employment, the reasons for their continued employment, and the risks associated with the retention of these employees."

#### **Executive Documents**

#### Employment of Soviet Nationals at U.S. Diplomatic and Consular Missions in Soviet Union

Determination of President of the United States, No. 92–4, Oct. 24, 1991, 56 F.R. 56567, provided:

Memorandum for the Secretary of State

By the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and section 136 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93) ("the Act") [set out as a note above], I hereby determine that implementation of section 136(a) of the Act poses undue practical and administrative difficulties. Consistent with this determination, you are authorized to employ Soviet nationals in nonsensitive areas of the New Embassy Compound in Moscow under strict monitoring by cleared Americans. Further, I delegate to you the responsibility vested in me by section 136(b) of the Act to report to the Congress on circumstances relevant to this determination. Such responsibility may be redelegated within the Department of State.

You are authorized and directed to report this determination to the Congress and to publish it in the Federal Register.

George Bush.