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22 U.S.C. § 3927 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3927. Chief of mission
(a) Duties
Under the direction of the President, the chief of mission to a foreign country—
(1) shall have full responsibility for the direction, coordination, and supervision of all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander); and
(2) shall keep fully and currently informed with respect to all activities and operations of the Government within that country, and shall insure that all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission.
(b) Duties of agencies with employees in foreign countries
Any executive branch agency having employees in a foreign country shall keep the chief of mission to that country fully and currently informed with respect to all activities and operations of its employees in that country, and shall insure that all of its employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission.
(c) Promotion of United States goods and services
Each chief of mission to a foreign country shall have as a principal duty the promotion of United States goods and services for export to such country.
(Pub. L. 96–465, title I, § 207, Oct. 17, 1980, 94 Stat. 2079; Pub. L. 97–241, title I, § 123, Aug. 24, 1982, 96 Stat. 281; Pub. L. 100–204, title I, § 136, Dec. 22, 1987, 101 Stat. 1345; Pub. L. 107–228, div. A, title V, § 505(b), Sept. 30, 2002, 116 Stat. 1393.)
heading: Amendments
text: 2002—Subsecs. (a)(1), (2), (b). Pub. L. 107–228 inserted “Voice of America correspondents on official assignment and” after “except for”.
1987—Subsec. (a). Pub. L. 100–204, § 136(1), (2), inserted “executive branch” after “Government” in par. (1) and after second reference to “Government” in par. (2).
Subsec. (b). Pub. L. 100–204, § 136(3), inserted “executive branch” after “Any”.
1982—Subsec. (c). Pub. L. 97–241 added subsec. (c).
22 U.S.C. § 3927a (FOREIGN RELATIONS AND INTERCOURSE)
§ 3927a. Review by chief of mission
(a) Review of staff element under chief of mission authority; approval; process
The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other departments or agencies of the United States, and recommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts (commonly referred to as the “NSDD–38 process”).
(b) Actions by Secretary of State
The Secretary of State, as part of the process established by the President referred to in subsection (a) of this section, shall take actions to carry out the recommendations made in each such review.
(Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.)
heading: Codification
text: Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
heading: Amendments
text: 2011—Subsec. (c). Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: “Not later than 1 year after December 8, 2004, and annually thereafter, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommendations regarding such reviews to the appropriate committees of Congress, the heads of all affected departments or agencies, and the Inspector General of the Department of State.”
22 U.S.C. § 3928 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3928. Director General of Foreign Service
The President shall appoint, by and with the advice and consent of the Senate, a Director General of the Foreign Service, who shall be a current or former career member of the Foreign Service. The Director General should assist the Secretary of State in the management of the Service and perform such functions as the Secretary of State may prescribe.
(Pub. L. 96–465, title I, § 208, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 103–236, title I, § 163, Apr. 30, 1994, 108 Stat. 411.)
heading: Amendments
text: 1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “There shall be a Director General of the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, from among the career members of the Senior Foreign Service. The Director General shall assist the Secretary of State in the management of the Service and shall perform such functions as the Secretary of State may prescribe.”
22 U.S.C. § 3929a (FOREIGN RELATIONS AND INTERCOURSE)
§ 3929a. Abolishment of Inspector General of Department of State and Foreign Service
Notwithstanding section 3929 of this title, the Inspector General of the Department of State and the Foreign Service is hereby abolished.
(Pub. L. 99–93, title I, § 150(b), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 413(c), Aug. 27, 1986, 100 Stat. 868.)
heading: Codification
text: Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
Another subsec. (c) of section 413 of Pub. L. 99–399 is classified to section 4861(c) of this title.
heading: Amendments
text: 1986—Pub. L. 99–399 substituted provision abolishing the Inspector General of the Department of State and the Foreign Service for provision limiting the authority of the Inspector General to such functions as necessary to carry out section 3929(g) of this title.
22 U.S.C. § 3931 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3931. Board of Examiners
(a) Establishment; membership; chairman
The President shall establish a Board of Examiners for the Foreign Service to develop, and supervise the administration of, examinations prescribed under section 3941(b) of this title to be given to candidates for appointment in the Service. The Board shall consist of 15 members appointed by the President (no fewer than 5 of whom shall be appointed from among individuals who are not Government employees and who shall be qualified for service on the Board by virtue of their knowledge, experience, or training in the fields of testing or equal employment opportunity). The Board shall include representatives of agencies utilizing the Foreign Service personnel system and representatives of other agencies which have responsibility for employment testing. The Board shall be chaired by a member of the Board, designated by the President, who is a member of the Service.
(b) Review of examinations; report to Secretary of State
The Board of Examiners shall periodically review the examinations prescribed under section 3941(b) of this title in order to determine—
(1) whether any such examination has an adverse impact on the hiring, promotion, or other employment opportunity of members of any race, sex, or ethnic group;
(2) methods of minimizing any such adverse impact;
(3) alternatives to any examinations which have such an adverse impact; and
(4) whether such examinations are valid in relation to job performance.
The Board of Examiners shall annually report its findings under this subsection to the Secretary of State and shall furnish to the Secretary of State its recommendations for improvements in the development, use, and administration of the examinations prescribed under section 3941(b) of this title.
(c) Vacancies
Any vacancy or vacancies on the Board shall not impair the right of the remaining members to exercise the full powers of the Board.
(Pub. L. 96–465, title I, § 211, Oct. 17, 1980, 94 Stat. 2083.)
heading: Establishment of Board of Examiners
text: For establishment of the Board of Examiners for the Foreign Service and appointment of its members, see section 6 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13970, set out as note under section 3901 of this title.
22 U.S.C. § 3946 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3946. Career appointments
(a) Trial period under limited appointment
Before receiving a career appointment in the Service, an individual shall first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary. During such trial period of service, the Secretary shall decide whether—
(1) to offer a career appointment to the candidate under section 3943 of this title, or
(2) to recommend to the President that the candidate be given a career appointment under section 3942 of this title.
(b) Decisions by Secretary
Decisions by the Secretary under subsection (a) of this section shall be based upon the recommendations of boards, established by the Secretary and composed entirely or primarily of career members of the Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service.
(c) Foreign Service Grievance Board decisions
Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under section 4137 of this title.
(Pub. L. 96–465, title I, § 306, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 181(c), Dec. 22, 1987, 101 Stat. 1363.)
heading: Amendments
text: 1987—Subsec. (c). Pub. L. 100–204 added subsec. (c).
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–204, title I, § 181(e), Dec. 22, 1987, 101 Stat. 1364, provided that: “The amendments made by this section [amending this section and sections 4010 and 4137 of this title] shall not apply with respect to any grievance in which the Board has issued a final decision pursuant to section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) before the date of enactment of this Act [Dec. 22, 1987].”
22 U.S.C. § 3947 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3947. Entry levels for Foreign Service officer candidates
A career candidate for appointment as a Foreign Service officer may not be initially assigned under section 3964 of this title to a salary class higher than class 4 in the Foreign Service Schedule unless—
(1) the Secretary determines in an individual case that assignment to a higher salary class is warranted because of the qualifications (including foreign language competence) and experience of the candidate and the needs of the Service; or
(2) at the time such initial assignment is made, the candidate is serving under a career appointment in the Service and is receiving a salary at a rate equal to or higher than the minimum rate payable for class 4 in the Foreign Service Schedule.
(Pub. L. 96–465, title I, § 307, Oct. 17, 1980, 94 Stat. 2086.)
22 U.S.C. § 3949 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3949. Limited appointments
(a) A limited appointment in the Service, including an appointment of an individual who is an employee of an agency, may not exceed 5 years in duration and, except as provided in subsection (b) of this section, may not be extended or renewed. A limited appointment in the Service which is limited by its terms to a period of one year or less is a temporary appointment.
(b) A limited appointment may be extended for continued service—
(1) as a consular agent;
(2) in accordance with section 3951(a) of this title;
(3) as a career candidate, if continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI of this chapter;
(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency; and
(5) as a foreign national employee.
(Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303.)
heading: Amendments
text: 1994—Subsec. (b)(5). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (5).
1987—Pub. L. 100–204 designated existing provisions as subsec. (a), substituted “subsection (b) of this section” for “section 3951(a) of this title”, and added subsec. (b).
22 U.S.C. § 3950 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3950. Reemployment rights following limited appointment
Any employee of an agency who accepts a limited appointment in the Service with the consent of the head of the agency in which the employee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with section 3597 of title 5.
(Pub. L. 96–465, title I, § 310, Oct. 17, 1980, 94 Stat. 2087.)
heading: Entitlement to Benefits for Services Performed Outside United States; Service Exceeding Thirty Months
text: Persons appointed, employed, or assigned after May 19, 1959, under former section 1787(c) of this title or section 2385(d) of this title for the purpose of performing functions under the Mutual Security Act of 1954 (see Short Title note set out under section 1754 of this title) and the Foreign Assistance Act of 1961 (section 2151 et seq. of this title) outside the United States shall not, unless otherwise agreed by the agency in which such benefits may be exercised, be entitled to the benefits provided for by this section in cases in which their service under the appointment, employment, or assignment exceeds thirty months. See Ex. Ord. No. 12163, § 1–602(b), Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a note under section 2381 of this title.
22 U.S.C. § 3951 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3951. United States citizens hired abroad
(a) Appointment of family members
The Secretary, under section 3943 of this title, may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees.
(b) Family nexus as affirmative hiring factor
The fact that an applicant for employment in a position referred to in subsection (a) of this section is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person.
(c) Compensation of family and non-family member employees
(1) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under section 3968 of this title.
(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 3967 of this title.
(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 3967 of this title, if the Secretary determines that the national interest would be served by such payments.
(d) Non-family member employees ineligible for certain benefits
Nonfamily member United States citizens employed under this section shall not be eligible by reason of such employment for benefits under subchapter VIII of this chapter, or under chapters 1 83 or 84 of title 5.
(Pub. L. 96–465, title I, § 311, Oct. 17, 1980, 94 Stat. 2087; Pub. L. 103–236, title I, § 180(a)(2), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(h)(1), Oct. 25, 1994, 108 Stat. 4300.)
heading: Amendments
text: 1994—Pub. L. 103–415 substituted “United States citizens hired abroad” for “Employment of family members of Government employees” as section catchline and inserted “by reason of such employment” after “eligible” in subsec. (d).
Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows:
“(a) The Secretary, when employing individuals abroad in positions to which career members of the Service are not customarily assigned (including, when continuity over a long term is not a significant consideration, vacant positions normally filled by foreign national employees), shall give equal consideration to employing available qualified family members of members of the Service or of other Government employees assigned abroad. Family members so employed shall serve under renewable limited appointments in the Service and may be paid either in accordance with the Foreign Service Schedule or a local compensation plan established under section 3968 of this title.
“(b) Employment of family members in accordance with this section may not be used to avoid fulfilling the need for full-time career positions.”
22 U.S.C. § 3952 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3952. Diplomatic and consular missions
(a) Recommendations by Secretary of State; appointment by President; vice consul; performance of official functions under commission
The Secretary of State may recommend to the President that a member of the Service who is a citizen of the United States be commissioned as a diplomatic or consular officer or both. The President may, by and with the advice and consent of the Senate, commission such member of the Service as a diplomatic or consular officer or both. The Secretary of State may commission as a vice consul a member of the Service who is a citizen of the United States. All official functions performed by a diplomatic or consular officer, including a vice consul, shall be performed under such a commission.
(b) Function of commissioned Service members
Members of the Service commissioned under this section may, in accordance with their commissions, perform any function which any category of diplomatic officer (other than a chief of mission) or consular officer is authorized by law to perform.
(c) Limits of consular districts
The Secretary of State shall define the limits of consular districts.
(Pub. L. 96–465, title I, § 312, Oct. 17, 1980, 94 Stat. 2087.)
22 U.S.C. § 3961 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3961. Salaries of chiefs of mission
(a) Except as provided in section 3942(b) of this title, each chief of mission shall receive a salary, as determined by the President, at one of the annual rates payable for levels II through V of the Executive Schedule under sections 5313 through 5316 of title 5, except that the total compensation, exclusive of danger pay, for any chief of mission shall be subject to the limitation on certain payments under section 5307 of title 5 or the limitation under section 3962(a)(3) of this title, whichever is higher.
(b) The salary of a chief of mission shall commence upon the effective date of appointment to that position. The official services of a chief of mission are not terminated by the appointment of a successor, but shall continue for such additional period, not to exceed 50 days after relinquishment of charge of the mission, as the Secretary of State may determine. During that period, the Secretary of State may require the chief of mission to perform such functions as the Secretary of State deems necessary in the interest of the Government.
(Pub. L. 96–465, title I, § 401, Oct. 17, 1980, 94 Stat. 2087; Pub. L. 100–204, title I, § 177(a), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 102–138, title I, § 142(b), Oct. 28, 1991, 105 Stat. 668; Pub. L. 108–447, div. B, title IV, § 412(c), Dec. 8, 2004, 118 Stat. 2905.)
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–447, which directed the substitution of “shall be subject to the limitation on certain payments under section 5307 of title 5 or the limitation under section 3962(a)(3) of this title, whichever is higher” for “shall not exceed the annual rate of pay payable for level I of such Executive Schedule”, was executed by making the substitution for “shall not exceed the annual rate payable for level I of such Executive Schedule” to reflect the probable intent of Congress.
1991—Subsec. (a). Pub. L. 102–138 substituted “Except as provided in section 3942(b) of this title, each” for “Each” and “level I of such” for “level II of such”.
1987—Subsec. (a). Pub. L. 100–204 substituted “Each chief” for “Except as provided in section 3942(b) of this title, each chief”, and inserted before period at end “, except that the total compensation, exclusive of danger pay, for any chief of mission shall not exceed the annual rate payable for level II of such Executive Schedule”.
heading: Effective Date of 1987 Amendment
text: Amendment by Pub. L. 100–204 not applicable to salary of any individual serving under Presidential appointment under section 3942 of this title immediately before Dec. 22, 1987, during the period such individual continues to serve in such position, see section 177(c) of Pub. L. 100–204, set out as a note under section 3942 of this title.
22 U.S.C. § 3963 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3963. Foreign Service Schedule
The President shall establish a Foreign Service Schedule which shall consist of 9 salary classes and which shall apply to members of the Service who are citizens of the United States and for whom salary rates are not otherwise provided for by this subchapter. The maximum salary rate for the highest class established under this section, which shall be designated class 1, may not exceed the maximum rate of basic pay prescribed for GS–15 of the General Schedule under section 5332 of title 5. Salary rates established under this section shall be adjusted in accordance with section 5303 of title 5.
(Pub. L. 96–465, title I, § 403, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1439.)
heading: Amendments
text: 1990—Pub. L. 101–509 substituted “section 5303” for “subchapter I of chapter 53”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title I, § 305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.
heading: Effective Date
text: Section effective Feb. 15, 1981, except that for purposes of implementing section 4151 of this title it is effective Oct. 17, 1980, see section 2403(a) and (d)(2) of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.
heading: Executive Order No. 12249
text: Ex. Ord. No. 12249, Oct. 25, 1980, 45 F.R. 71347, which provided for a Foreign Service Schedule, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
heading: Adjustment of Foreign Service Schedule
text: For adjustment of Foreign Service Schedule pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.