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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), 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. § 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) 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. § 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), 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;
(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)” for “section 3951(a) of this title”, and added subsec. (b).
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) 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. § 3964 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3964. Assignments to salary class
(a) The Secretary shall assign all Foreign Service officers and Foreign Service personnel (other than Foreign Service personnel who are paid in accordance with section 3967 of this title or section 3968 of this title) to appropriate salary classes in the Foreign Service Schedule.
(b)
(1) The salary class to which a member of the Service is assigned under this section shall not be affected by the assignment of the member to a position classified under subchapter V.
(2) Except as authorized by subchapter I of chapter 35 of title 5, changes in the salary class of a member of the Senior Foreign Service or a member of the Service assigned to a salary class in the Foreign Service Schedule shall be made only in accordance with subchapter VI. The Secretary shall prescribe regulations (which shall be consistent with the relevant provisions of subchapter VI of chapter 53 of title 5 and with the regulations prescribed to carry out such provisions) providing for retention of pay by members of the Service in cases in which reduction-in-force procedures are applied.
(Pub. L. 96–465, title I, § 404, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 103–236, title I, § 180(a)(3), Apr. 30, 1994, 108 Stat. 415.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–236 struck out “who are family members of Government employees paid in accordance with a local compensation plan established under” after “section 3967 of this title or”.
22 U.S.C. § 3966 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3966. Within-class salary increases
(a) Time period; limitation
Any member of the Service receiving a salary under the Foreign Service Schedule shall be advanced to the next higher salary step in the member’s class at the beginning of the first applicable pay period following the completion by that member of a period of—
(1) 52 calendar weeks of service in each of salary steps 1 through 9, and
(2) 104 calendar weeks of service in each of salary steps 10 through 13,
unless the performance of the member during that period is found in a review by a selection board established under section 4002 of this title to fall below the standards of performance for his or her salary class.
(b) Additional increase for meritorious service
The Secretary may grant, on the basis of especially meritorious service, to any member of the Service receiving an increase in salary under subsection (a), an additional salary increase to any higher step in the salary class in which the member is serving.
(Pub. L. 96–465, title I, § 406, Oct. 17, 1980, 94 Stat. 2089.)
22 U.S.C. § 3967 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3967. Salaries for Foreign Service personnel abroad who perform routine duties
(a) The Secretary may establish salary rates at rates lower than those established for the Foreign Service Schedule for the Foreign Service personnel described in subsection (b). The rates established under this subsection may be no less than the then applicable minimum wage rate specified in section 206(a)(1) of title 29.
(b) The Secretary may pay Foreign Service personnel who are recruited abroad, who are not available or are not qualified for assignment to another Foreign Service post, and who perform duties of a more routine nature than are generally performed by Foreign Service personnel assigned to class 9 in the Foreign Service Schedule, in accordance with the salary rates established under subsection (a).
(Pub. L. 96–465, title I, § 407, Oct. 17, 1980, 94 Stat. 2090.)
22 U.S.C. § 3974 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3974. Border equalization pay adjustment
(a) In general
An employee who regularly commutes from the employee’s place of residence in the continental United States to an official duty station in Canada or Mexico shall receive a border equalization pay adjustment equal to the amount of comparability payments under section 5304 of title 5 that the employee would receive if the employee were assigned to an official duty station within the United States locality pay area closest to the employee’s official duty station.
(b) Employee defined
For purposes of this section, the term “employee” means a person who—
(1) is an “employee” as defined under section 2105 of title 5; and
(2) is employed by the Department of State, the United States Agency for International Development, or the International Joint Commission of the United States and Canada (established under Article VII of the treaty signed January 11, 1909) (36 Stat. 2448), except that the term shall not include members of the Service (as specified in section 3903 of this title).
(c) Treatment as basic pay
An equalization pay adjustment paid under this section shall be considered to be part of basic pay for the same purposes for which comparability payments are considered to be part of basic pay under section 5304 of title 5.
(d) Regulations
The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.
(Pub. L. 96–465, title I, § 414, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 333(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–439.)
22 U.S.C. § 3981 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3981. Authority of Secretary
The Secretary shall designate and classify positions in the Department and at Foreign Service posts which are to be occupied by members of the Service (other than by chiefs of mission and ambassadors at large). Positions designated under this section are excepted from the competitive service. Position classifications under this section shall be established, without regard to chapter 51 of title 5, in relation to the salaries established under subchapter IV. In classifying positions at Foreign Service posts abroad, the Secretary shall give appropriate weight to job factors relating to service abroad and to the compensation practices applicable to United States citizens employed abroad by United States corporations.
(Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat. 2092.)
22 U.S.C. § 4004 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4004. Records
(a) The records described in section 4003(a) of this title shall be maintained in accordance with regulations prescribed by the Secretary. Except to the extent that they pertain to the receipt, disbursement, and accounting for public funds, such records shall be confidential and subject to inspection only by the President, the Secretary, such employees of the Government as may be authorized by law or assigned by the Secretary to work on such records, the legislative and appropriations committees of the Congress charged with considering legislation and appropriations for the Service, and representatives duly authorized by such committees. Access to such records relating to a member of the Service shall be granted to such member, upon written request.
(b) Notwithstanding subsection (a), any record of disciplinary action that includes a suspension of more than five days taken against a member of the Service, including any correction of that record under section 4137(b)(1) of this title, shall remain a part of the personnel records until the member is tenured as a career member of the Service or next promoted.
(Pub. L. 96–465, title I, § 604, Oct. 17, 1980, 94 Stat. 2096; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 327(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)
heading: Amendments
text: 1999—Pub. L. 106–113, in section catchline, substituted “Records” for “Confidentiality of records”, designated existing provisions as subsec. (a), and added subsec. (b).
heading: Effective Date of 1999 Amendment
text: Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 327(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided that: “The amendments made by this section [amending this section] apply to all disciplinary actions initiated on or after the date of enactment of this Act [Nov. 29, 1999].”
22 U.S.C. § 4005 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4005. Implementation of selection board recommendations
(a) Recommendations for promotion made by selection boards shall be submitted to the Secretary in rank order by salary class or in rank order by specialization within a salary class. The Secretary shall make promotions and, with respect to career appointments into or within the Senior Foreign Service, shall make recommendations to the President for promotions, in accordance with the rankings of the selection boards.
(b) Notwithstanding subsection (a), in special circumstances set forth by regulation, the Secretary may remove the name of an individual from the rank order list submitted by a selection board or delay the promotion of an individual named in such a list.
(Pub. L. 96–465, title I, § 605, Oct. 17, 1980, 94 Stat. 2096.)
22 U.S.C. § 4008 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4008. Retirement based on failure to meet standard of performance
(a) The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.
(b) In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with section 4009 of this title.
(Pub. L. 96–465, title I, § 608, Oct. 17, 1980, 94 Stat. 2097.)
22 U.S.C. § 4022 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4022. Foreign language requirements
(a) In general
The Secretary shall establish foreign language proficiency requirements for members of the Service who are to be assigned abroad in order that Foreign Service posts abroad will be staffed by individuals having a useful knowledge of the language or dialect common to the country in which the post is located.
(b) Training
The Secretary of State shall arrange for appropriate language training of members of the Service by the institution or otherwise in order to assist in meeting the requirements established under subsection (a).
(c) Report
Not later than January 31 of each year, the Director General of the Foreign Service shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives summarizing the number of positions in each overseas mission requiring foreign language competence that—
(1) became vacant during the previous fiscal year; and
(2) were filled by individuals having the required foreign language competence.
(Pub. L. 96–465, title I, § 702, Oct. 17, 1980, 94 Stat. 2099; Pub. L. 103–236, title I, § 126(3), Apr. 30, 1994, 108 Stat. 394; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 208(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–422; Pub. L. 107–228, div. A, title III, § 327, Sept. 30, 2002, 116 Stat. 1387.)
heading: Amendments
text: 2002—Subsec. (c). Pub. L. 107–228 substituted “January 31” for “March 31” in introductory provisions and “fiscal year” for “calendar year” in par. (1).
1999—Subsec. (c). Pub. L. 106–113 added subsec. (c).
1994—Subsec. (b). Pub. L. 103–236 substituted “institution” for “Institute”.
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
22 U.S.C. § 4027 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4027. Visiting Scholars Program
(a) Establishment of program
There is authorized to be established at the institution a program whereby selected scholars would participate fully in the educational and training activities of the institution. This program may be referred to as the “Visiting Scholars Program”.
(b) Selection and appointment of scholars
(1) Scholars participating in the Visiting Scholars Program shall be selected by a five-member board described in subsection (c).
(2) Each visiting scholar shall serve a term of one year, except that such term may be extended for one additional one-year period.
(c) Establishment of selection board
The board referred to in subsection (b) shall be composed of the Director of the institution, who shall serve as chairperson, and four other members appointed by the Secretary of State.
(Pub. L. 96–465, title I, § 707, as added Pub. L. 101–246, title I, § 144(a), Feb. 16, 1990, 104 Stat. 36; amended Pub. L. 103–236, title I, § 126(3), Apr. 30, 1994, 108 Stat. 394.)
heading: Amendments
text: 1994—Subsecs. (a), (c). Pub. L. 103–236 substituted “institution” for “Foreign Service Institute” and “Institute” in subsec. (a) and “institution” for “Foreign Service Institute” in subsec. (c).
22 U.S.C. § 4043 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4043. Participants
(a) Career appointees or candidates; chiefs of mission
Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System:
(1) Every member who is serving under a career appointment or as a career candidate under section 3946 of this title—
(A) in the Senior Foreign Service, or
(B) assigned to a salary class in the Foreign Service Schedule.
(2) Every chief of mission, who is not a participant under paragraph (1), who—
(A) has served as chief of mission for an aggregate period of 20 years or more, and
(B) has paid into the Fund a special contribution for each year of such service in accordance with section 4045 of this title.
(b) Executive branch appointees
Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System.
(c) Binational Center Grantees
In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title.
(d) Exclusion
An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System.
(Pub. L. 96–465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.)
heading: References in Text
text: The Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as amended, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–335, §§ 402(a)(2), 414(1), substituted “Except as provided in subsection (d), the” for “The” and “part” for “subchapter” in provisions preceding par. (1).
Subsec. (d). Pub. L. 99–335, § 414(2), added subsec. (d).
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.