dreamproit/uscode huggingface dataset:
22 U.S.C. § 3926 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3926. Regulations; delegation of functions
(a) The Secretary may prescribe such regulations as the Secretary deems appropriate to carry out functions under this chapter.
(b) The Secretary may delegate functions under this chapter which are vested in the Secretary to any employee of the Department or any member of the Service.
(Pub. L. 96–465, title I, § 206, Oct. 17, 1980, 94 Stat. 2079.)
heading: Statutory Notes and Related Subsidiaries
heading: Regulations Regarding Foreign Language Competence Within Foreign Service
text: Pub. L. 103–236, title I, § 191(a), Apr. 30, 1994, 108 Stat. 418, as amended by Pub. L. 103–415, § 1(u), Oct. 25, 1994, 108 Stat. 4302, provided that:
“Not later than 180 days after the date of enactment of this Act [Apr. 30, 1994], the Secretary of State shall promulgate regulations—
“(1) establishing hiring preferences for Foreign Service Officer candidates competent in languages, with priority preference given to those languages in which the Department of State has a deficit;
“(2) establishing a standard that employees will not receive long-term training in more than 3 languages, and requiring that employees achieve full professional proficiency (S4/R4) in 1 language as a condition for training in a third, with exceptions for priority needs of the service at the discretion of the Director General;
“(3) requiring that employees receiving long-term training in a language, or hired with a hiring preference for a language, serve at least 2 tours in jobs requiring that language, with exceptions for certain limited-use languages and priority needs of the service at the discretion of the Director General;
“(4) requiring that significant consideration be given to foreign language competence and use in the evaluation, assignment, and promotion of all Foreign Service Officers of the Department of State, the Agency for International Development, and the United States Information Agency;
“(5) requiring the identification of appropriate Washington, D.C. metropolitan area positions as language-designated; and
“(6) requiring remedial training and suspension of language differential payments for employees receiving such payments who have failed to maintain required levels of proficiency.”
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of this title.]
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.
(d) Promotion of United States economic interests
Each chief of mission to a foreign country shall have as a principal duty the promotion of United States economic and commercial interests in 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; Pub. L. 116–94, div. J, title VII, § 704, Dec. 20, 2019, 133 Stat. 3070.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (d). Pub. L. 116–94 added subsec. (d).
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), 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Executive Documents
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. § 3941 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3941. General provisions
(a) Citizenship requirement
Only citizens of the United States may be appointed to the Service, other than for service abroad as a consular agent or as a foreign national employee.
(b) Examinations
The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Service (other than as a chief of mission or ambassador at large).
(c) Veteran or disabled veteran
The fact that an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an affirmative factor in making such appointments. As used in this subsection, the term “veteran or disabled veteran” means an individual who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5.
(d) Career and noncareer appointments
(1) Members of the Service serving under career appointments are career members of the Service. Members of the Service serving under limited appointments are either career candidates or noncareer members of the Service.
(2) Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President.
(3) An appointment as a Foreign Service officer is a career appointment. Foreign Service employees serving as career candidates or career members of the Service shall not represent to the income tax authorities of the District of Columbia or any other State or locality that they are exempt from income taxation on the basis of holding a Presidential appointment subject to Senate confirmation or that they are exempt on the basis of serving in an appointment whose tenure is at the pleasure of the President.
(Pub. L. 96–465, title I, § 301, Oct. 17, 1980, 94 Stat. 2083; Pub. L. 100–204, title I, § 179(a), Dec. 22, 1987, 101 Stat. 1362.)
heading: Editorial Notes
heading: Amendments
text: 1987—Subsec. (d)(3). Pub. L. 100–204 inserted sentence at end relating to exemption from income taxation.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–204, title I, § 179(b), Dec. 22, 1987, 101 Stat. 1363, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to tax years beginning after December 31, 1987.”
heading: Study of Foreign Service Examination
text: Pub. L. 101–246, title I, § 153(g), Feb. 16, 1990, 104 Stat. 44, required the Secretary of State to enter into a contract with a private organization for a comprehensive review and evaluation of the Foreign Service examination related to cultural, racial, ethnic, and sexual bias issues, and no later than 18 months after Feb. 16, 1990, submit a report to Congress containing the findings of the review and evaluation, together with the comments of the Secretary and measures which the Secretary has initiated to respond to any adverse findings of such review.
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: Editorial Notes
heading: Amendments
text: 1987—Subsec. (c). Pub. L. 100–204 added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
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 subsections (b) and (c), 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—
(A) continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or
(B) the individual is serving in the uniformed services (as defined in section 4303 of title 38) and the limited appointment expires in the course of such service;
(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;
(5) as a foreign national employee;
(6) in exceptional circumstances if the Secretary determines the needs of the Service require the extension of—
(A) a limited noncareer appointment for a period not to exceed 1 year; or
(B) a limited appointment of a career candidate for the minimum time needed to resolve a grievance, claim, investigation, or complaint not otherwise provided for in this section.
(c)
(1) Except as provided in paragraph (2) noncareer employees who have served for 5 consecutive years under a limited appointment under this section may be reappointed to a subsequent noncareer limited appointment if there is at least a 1-year break in service before such new appointment.
(2) The Secretary may waive the 1-year break requirement under paragraph (1) in cases of special need.
(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; Pub. L. 114–323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–323, § 409(1), substituted “subsections (b) and (c)” for “subsection (b)”.
Subsec. (b)(3). Pub. L. 114–323, § 409(2)(A), substituted “if—” for “if”, inserted subpar. (A) designation before “continued service” and “or” after semicolon at end, and added subpar. (B).
Subsec. (b)(6). Pub. L. 114–323, § 409(2)(B)–(D), added par. (6).
Subsec. (c). Pub. L. 114–323, § 409(3), added subsec. (c).
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. § 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: Executive Documents
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) 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: Editorial Notes
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.”