CHAPTER 52 —FOREIGN SERVICE
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—MANAGEMENT OF SERVICE
SUBCHAPTER III—APPOINTMENTS
SUBCHAPTER IV—COMPENSATION
SUBCHAPTER V—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
SUBCHAPTER VI—PROMOTION AND RETENTION
SUBCHAPTER VII—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION
SUBCHAPTER VIII—FOREIGN SERVICE RETIREMENT AND DISABILITY
Part I—Foreign Service Retirement and Disability System
Part II—Foreign Service Pension System
SUBCHAPTER IX—TRAVEL, LEAVE, AND OTHER BENEFITS
SUBCHAPTER X—LABOR-MANAGEMENT RELATIONS
SUBCHAPTER XI—GRIEVANCES
SUBCHAPTER XI–A—FOREIGN SERVICE INTERNSHIP PROGRAM
SUBCHAPTER XII—TRANSITION
SUBCHAPTER XIII—MISCELLANEOUS
SUBCHAPTER XIV—POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS GENERALLY
Codification
Provisions of this chapter are derived from the Foreign Service Act of 1946, former
New | Old |
---|---|
3901 | 801 |
3902 | 802 |
3903 | 861 |
3904 | 841 |
3905 | 807 |
3921 | 811a |
3922 | 1224, 2385, 2506 |
3923 | 1225 |
3924 | |
3925 | 1225 |
3926 | 842, 843 |
3927 | 2680a |
3928 | 811a, 821 |
3929 | 2384 note |
3930 | 826 |
3931 | 827 |
3941 | 910, 922, 939, 1234 |
3942 | 901, 911, 961 |
3943 | 922, 929, 936, 946, 951 |
3944 | 900, 901a, 902 |
3945 | 906 |
3946 | 911, 929 |
3947 | 911, 912 |
3948 | 915 |
3949 | 922, 936 |
3950 | 928 |
3951 | 889 note, 2693 |
3952 | 907, 908, 924, 938, 1231 |
3961 | 866, 881 |
3962, 3963 | |
3964 | 868 |
3965 | |
3966 | 995, 1017 |
3967 | |
3968 | 889, 2693 |
3969 | 873, 890 |
3970 | 889 |
3971 | 876, 877 |
3972 | 896 |
3973 | 2679a |
3981 | 886 |
3982 | 901 |
3983 | 961, 964, 966 |
3984 | 961, 962, 966 |
3985 | |
4001 | 991 |
4002 | 993 |
4003 | 986, 996 |
4004 | 987 |
4005, 4006 | 993 |
4007, 4008 | 1003, 2385, 2506 |
4009 | 1004, 2506 |
4010 | 1007 |
4011 | 1005, 1008 |
4012 | 1027, 1028, 1031 |
4013 | |
4021 | 1041 |
4022 | 968, 2385 |
4023 | |
4024 | 1042–1045, 1047, 1048 |
4025 | 1048 |
4026 | 1009, 2693 |
4041 | 1061 |
4042 | 1062 |
4043 | 929, 1063, 1229, 2385 |
4044 | 1064, 1086 |
4045 | 1071, 1086 |
4046 | 1076 |
4047 | 1076a |
4048 | 1081 |
4049 | 1082 |
4050 | 1084 |
4051 | 1006 |
4052 | 1001, 1002 |
4053 | 914 |
4054 | |
4055 | 1086 |
4056 | 1091 |
4057 | 1093 |
4058 | 1101 |
4059 | 1103 |
4060 | 1004, 1104 |
4061 | 1105 |
4062 | 1106 |
4063 | 1111 |
4064 | 1112 |
4065 | 1116 |
4066 | 1121 |
4067 | 1065 |
4081 | 966, 1136, 1138, 1157 |
4082 | 1137 |
4083 | 1148 |
4084 | 1156, 1158–1160 |
4085 | 1131 |
4101–4118 | |
4131–4138 | 1037a |
4139 | 1037b |
4140 | 1037c |
4151–4159 | |
4171–4173 | |
4191–4215 | 1171–1195 |
4216 | 1197 |
4217 | 1198 |
4218–4222 | 1200–1204 |
4223 | 99 |
4224–4226 | 812–814 |
Executive Documents
Foreign Commercial Service
For authority of Secretary of Commerce to establish a Foreign Commercial Service in Department of Commerce, see section 1–104 of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 991, as amended, set out as a note under
SUBCHAPTER I—GENERAL PROVISIONS
§3901. Congressional findings and objectives
(a) The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
(b) The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement and retention of the ablest, and separation of those who do not meet the requisite standards of performance;
(2) fostering the development and vigorous implementation of policies and procedures, including affirmative action programs, which will facilitate and encourage (A) entry into and advancement in the Foreign Service by persons from all segments of American society, and (B) equal opportunity and fair and equitable treatment for all without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition;
(3) providing for more efficient, economical, and equitable personnel administration through a simplified structure of Foreign Service personnel categories and salaries;
(4) establishing a statutory basis for participation by the members of the Foreign Service, through their elected representatives, in the formulation of personnel policies and procedures which affect their conditions of employment, and maintaining a fair and effective system for the resolution of individual grievances that will ensure the fullest measure of due process for the members of the Foreign Service;
(5) minimizing the impact of the hardships, disruptions, and other unusual conditions of service abroad upon the members of the Foreign Service, and mitigating the special impact of such conditions upon their families;
(6) providing salaries, allowances, and benefits that will permit the Foreign Service to attract and retain qualified personnel as well as a system of incentive payments and awards to encourage and reward outstanding performance;
(7) establishing a Senior Foreign Service which is characterized by strong policy formulation capabilities, outstanding executive leadership qualities, and highly developed functional, foreign language, and area expertise;
(8) improving Foreign Service managerial flexibility and effectiveness;
(9) increasing efficiency and economy by promoting maximum compatibility among the agencies authorized by law to utilize the Foreign Service personnel system, as well as compatibility between the Foreign Service personnel system and other personnel systems of the Government; and
(10) otherwise enabling the Foreign Service to serve effectively the interests of the United States and to provide the highest caliber of representation in the conduct of foreign affairs.
(
Editorial Notes
References in Text
Act of May 24, 1924 (commonly known as the Rogers Act), referred to in subsec. (a)(3), is act May 24, 1924, ch. 182,
The Foreign Service Act of 1946, referred to in subsec. (a)(3), is act Aug. 13, 1946, ch. 957, titles I to X,
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Effective Date
"(a) Except as otherwise provided, this Act [see Short Title note set out below] shall take effect on February 15, 1981.
"(b) Personnel actions may be taken on and after the effective date of this Act on the basis of any then current Foreign Service evaluation cycle as if this Act [see Short Title note set out below] had been in effect at the beginning of that cycle.
"[(c) Repealed.
"(d)(1) Section 812 of this Act [
"(2) For purposes of implementing section 2101 [
"(e)(1) The provisions of
"(2) Except to the extent provided in section 2109 [
Short Title of 2007 Amendment
Short Title of 1998 Amendment
Short Title of 1986 Amendment
Short Title
Executive Documents
Executive Order No. 11636
Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901, as amended by Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12128, Apr. 4, 1979, 44 F.R. 20625, which related to employee-management relations in the Foreign Service of the United States, was revoked by Ex. Ord. No. 12292, §10(j), Feb. 23, 1981, 46 F.R. 13967, set out below.
Ex. Ord. No. 12292. Conformance of Existing Executive Orders to Changes Resulting From the Foreign Service Act of 1980
Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Foreign Service Act of 1980 (
(a) strike out "section 202(c) of the Annual and Sick Leave Act of 1951, as added by the act of July 2, 1953, Public Law 102, 83rd Congress" and insert in lieu thereof "
(b) strike out "said section 202(c)(2)" and insert in lieu thereof "said section 6305(b)";
(c) strike out "section 411 of the Foreign Service Act of 1946" and insert in lieu thereof "section 401 of the Foreign Service Act of 1980 (
(a) In clause (1), strike out "Title II of the Overseas Differentials and Allowances Act" and insert in lieu thereof "subchapter III of
(b) Clause (2) is amended to read as follows: "so much of the authority vested in the Secretary of State by
(a) In the preamble, strike out "section 303 of the Foreign Service Act of 1946 (
(b) In section 1(a) strike out "section 111(3) of the Overseas Differentials and Allowances Act (
(c) In Section 1(b):
(1) strike out "Title II of the Overseas Differentials and Allowances Act" and insert in lieu thereof "subchapter III of
(2) strike out "202, 203, and 221(4)(B) of that Act" and insert in lieu thereof "5922(b), 5922(c), and 5924(4)(B) of that title";
(3) strike out "Title II of the Act" and insert in lieu thereof "said subchapter".
(d) In Section 1(c), strike out "section 22 of the Administrative Expenses Act of 1946 (added by section 311(a) of the Overseas Differentials and Allowances Act)" and insert in lieu thereof "
(e) In Section 1(e):
(1) strike out "235(a)(2)" and insert in lieu thereof "235(2)"; and
(2) strike out "section 901 of the Foreign Service Act of 1946, as amended" and insert in lieu thereof "section 905 of the Foreign Service Act of 1980 (
(f) strike out paragraphs (d) and (f) of Section 1 and redesignate paragraphs (e) and (g) thereof as paragraphs (d) and (e), respectively.
(a) Section 1 is amended by striking out "officer or employee" and inserting in lieu thereof "member";
(b) Section 1(b) is amended by inserting after "as amended," "the Foreign Service Act of 1980," [this chapter] and by striking out "that Act" and inserting in lieu thereof "the latter Act";
(c) Section 5 is amended by striking out "an officer or employee in" and inserting in lieu thereof "a member of" and by inserting after "as amended," "the Foreign Service Act of 1980," [this chapter] and by striking out "that Act" and inserting in lieu thereof "the latter Act".
(a) Section 1–111 is amended by striking out "1946, as amended" and inserting in lieu thereof "1980" [this chapter].
(b) Section 1–401 is amended by striking out "528 of the Foreign Service Act of 1946 (
(a) Section 1–201(a)(14) is revoked.
(b) Section 1–201(b) is amended by inserting "and" after "602(q)," and by striking out "and 625(k)(1)";
(c) Section 1–602(a) is amended by striking out "625(d)(1)" each time it appears and inserting in lieu thereof "625(d)".
(d) Section 1–602(b) is amended by striking out "section 528 of the Foreign Service Act of 1946" and inserting in lieu thereof "section 310 of the Foreign Service Act of 1980 (
(e) Section 1–603 is amended by striking out after "allowances", all that follows through "Foreign Service Act of 1946 (
(a) Section 1–102(c)(1) is amended by striking out "Section 911(9) of the Foreign Service Act of 1946, as amended (
(b) Section 1–103 is amended by striking out "Foreign Service Act of 1946, as amended" and inserting in lieu thereof "Foreign Service Act of 1980" [this chapter].
(a) Executive Order No. 9452 of June 26, 1944;
(b) Executive Order No. 9799 of November 8, 1946;
(c) Executive Order No. 9837 of March 27, 1947;
(d) Executive Order No. 9932 of February 27, 1948;
(e) Executive Order No. 10249 of June 4, 1951;
(f) Section 2 of Executive Order No. 10477 of August 1, 1953 [
(g) Executive Order No. 10897 of December 2, 1960;
(h) Part III of Executive Order No. 11264 of December 31, 1965, as amended [
(i) Sections 1, 3, and 5 of Executive Order No. 11434 of November 8, 1968;
(j) Executive Order No. 11636 of December 17, 1971;
(k) Executive Order No. 12066 of June 29, 1978;
(l) Executive Order No. 12145 of July 18, 1979;
(m) Section 1–104(b) of Executive Order No. 12188 of January 2, 1980 [
Ronald Reagan.
Ex. Ord. No. 12293. Administration of Foreign Service
Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, as amended by Ex. Ord. No. 12363, May 21, 1982, 47 F.R. 22497; Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12536, Oct. 9, 1985, 50 F.R. 41477; Ex. Ord. No. 13118, §10(4), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13325, Jan. 23, 2004, 69 F.R. 4217; Ex. Ord. No. 13374, Mar. 14, 2005, 70 F.R. 12961, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Foreign Service Act of 1980 (
(a) Career Minister
Range from 100 percent of the minimum rate of basic pay for senior-level positions under
(b) Minister-Counselor
Range from 100 percent of the minimum rate of basic pay for senior-level positions under
(c) Counselor
Range from 100 percent of the minimum rate of basic pay for senior-level positions under
(b) The Board shall be appointed by, and in accordance with regulations prescribed by, the Secretary of State, except that not less than five shall be career members of the Foreign Service and not less than seven shall be appointed as follows.
(1) not less than five shall be appointed by the heads of the agencies utilizing the Foreign Service personnel system;
(2) not less than one shall be a representative appointed by the Director of the Office of Personnel Management; and
(3) not less than one shall be a representative appointed by the Secretary of Labor.
(c) The Secretary of State shall designate from among the members of the Board a Chairman who is a member of the Service.
(d) The Secretary of State shall provide all necessary administrative services and facilities for the Board.
(b) The Board shall be composed of the designated number of representatives of the heads of the following agencies:
(1) Department of State, four members, at least three of whom must be career members of the Senior Foreign Service;
(2) United States Information Agency, two members, one of whom must be a career member of the Senior Foreign Service;
(3) United States Agency for International Development, two members, one of whom must be a career member of the Senior Foreign Service;
(4) Department of Agriculture, two members, one of whom must be a career member of the Senior Foreign Service;
(5) Department of Commerce, two members, one of whom must be a career member of the Senior Foreign Service;
(6) Department of Labor, one member;
(7) Office of Personnel Management, one member;
(8) Office of Management and Budget, one member; and,
(9) Equal Employment Opportunity Commission, one member;
(c) The membership of the Board shall be selected from among officials who are knowledgeable in matters concerning the management of the Foreign Service. Except for the career members of the Senior Foreign Service from the Department of Agriculture, the Department of Commerce, the United States Information Agency, and the United States Agency for International Development, the members of the Board shall be selected from among those who have the rank of Assistant Secretary or higher or a position of comparable responsibility.
(d) The Secretary of State may from time to time request the heads of other agencies to designate representatives to participate in the functions of the Board on a regular or occasional basis.
(e) The Secretary of State shall provide all necessary administrative services and facilities for the Board.
(a) The Animal and Plant Health Inspection Service of the Department of Agriculture, not to exceed 125 positions, without the prior approval of the Director of the Office of Personnel Management;
(b) The United States Travel and Tourism Administration, and the International Trade Administration of the Department of Commerce, not to exceed 30 positions without the prior approval of the Director of the Office of Personnel Management, and providing that assignments to such positions be administered consistent with policies of the Foreign Commercial Service established under Executive Order No. 12188 [
[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
§3902. Definitions
As used in this chapter, the term—
(1) "abroad" means all areas not included within the United States;
(2) "agency" means an agency as defined in section 552(e) 1 of title 5;
(3) "chief of mission" means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under
(4) "Department" means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency;
(5) "employee" (except as provided in
(6) "function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity;
(7) "Government" means the Government of the United States;
(8) "merit principles" means the principles set out in
(9) "principal officer" means the officer in charge of a diplomatic mission, consular mission (other than a consular agency), or other Foreign Service post;
(10) "Secretary" means the Secretary of State, except that (subject to
(11) "Service" or "Foreign Service" means the Foreign Service of the United States; and
(12) "United States", when used in a geographic sense, means the several States and the District of Columbia.
(
Editorial Notes
References in Text
Amendments
1983—
1 See References in Text note below.
§3903. Members of Service
The following are the members of the Service:
(1) Chiefs of mission, appointed under
(2) Ambassadors at large, appointed under
(3) Members of the Senior Foreign Service, appointed under
(4) Foreign Service officers, appointed under
(5) Foreign Service personnel, United States citizens appointed under
(6) Foreign national employees, foreign nationals appointed under
(7) Consular agents, appointed under
(
§3904. Functions of Service
Members of the Service shall, under the direction of the Secretary—
(1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders, regulations, and directives issued pursuant to law;
(2) provide guidance for the formulation and conduct of programs and activities of the Department and other agencies which relate to the foreign relations of the United States; and
(3) perform functions on behalf of any agency or other Government establishment (including any establishment in the legislative or judicial branch) requiring their services.
(
§3905. Personnel actions
(a) Merit principles; "personnel action" defined
(1) All personnel actions with respect to career members and career candidates in the Service (including applicants for career candidate appointments) shall be made in accordance with merit principles.
(2) For purposes of paragraph (1), the term "personnel action" means—
(A) any appointment, promotion, assignment (including assignment to any position or salary class), award of performance pay or special differential, within-class salary increase, separation, or performance evaluation, and
(B) any decision, recommendation, examination, or ranking provided for under this chapter which relates to any action referred to in subparagraph (A).
(b) Rules and regulations; discrimination; reprisals for disclosure of information; submission of reports, evaluations, or recommendations; freedom from prohibited personnel practices
The Secretary shall administer the provisions of this chapter and shall prescribe such regulations as may be necessary to ensure that members of the Service, as well as applicants for appointments in the Service—
(1) are free from discrimination on the basis of race, color, religion, sex, national origin, age, handicapping condition, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under
(2) are free from reprisal for—
(A) a disclosure of information by a member or applicant which the member or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,
if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or
(B) a disclosure to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency (including the Inspector General of the Department of State and the Foreign Service) or another employee designated by the head of the agency to receive such disclosures, of information which the member or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(3) are free to submit to officials of the Service and the Department any report, evaluation, or recommendation, including the right to submit such report, evaluation, or recommendation through a separate dissent channel, whether or not the views expressed therein are in accord with approved policy, unless the report, evaluation, or recommendation was submitted with the knowledge that it was false or with willful disregard for its truth or falsity; and
(4) are free from any personnel practice prohibited by
(c) Withholding or disclosure of information to Congress
This section shall not be construed as authorizing the withholding of information from the Congress or the taking of any action against a member of the Service who discloses information to the Congress.
(d) Minority recruitment program
(1) The Secretary shall establish a minority recruitment program for the Service consistent with
(2) Omitted.
(e) Applicability to other judicial or statutory rights or remedies
This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under—
(1)
(2)
(3)
(4)
(5) any provision of law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
(
Editorial Notes
Codification
Subsec. (d)(2) of this section, which required the Secretary to transmit at least once annually to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives the Department's reports on equal employment opportunity, affirmative action, and minority recruitment programs, which reports are required by law, regulation, or directive to be submitted to the Equal Employment Opportunity Commission (EEOC) or the Office of Personnel Management (OPM), terminated, effective May 15, 2000, pursuant to section 3003 of
Amendments
1990—Subsec. (b)(1).
1987—Subsec. (d)(2).
SUBCHAPTER II—MANAGEMENT OF SERVICE
§3921. Administration by Secretary of State
(a) Under the direction of the President, the Secretary of State shall administer and direct the Service and shall coordinate its activities with the needs of the Department of State and other agencies.
(b) The Secretary of State alone among the heads of agencies utilizing the Foreign Service personnel system shall perform the functions expressly vested in the Secretary of State by this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
§3922. Utilization of Foreign Service personnel system by other agencies
(a)(1) The Broadcasting Board of Governors and the Administrator of the Agency for International Development may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this chapter.
(2) The Secretary of Agriculture may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to personnel of the Foreign Agricultural Service, and
(B) with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and
(B) with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad.
(4)(A) Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under
(B) The individuals referred to in subparagraph (A) are individuals eligible for employment abroad under
(b) Subject to
(1) the agency heads referred to in subsection (a), and
(2) the head of any other agency (to the extent authority to utilize the Foreign Service personnel system is granted to such agency head under any other chapter),
shall in the case of their respective agencies exercise the functions vested in the Secretary by this chapter.
(
Editorial Notes
References in Text
Reorganization Plan Numbered 3 of 1979, referred to in subsec. (a)(3)(A), is Reorg. Plan No. 3 of 1979, 44 F.R. 69273,
Amendments
1999—Subsec. (a)(4).
1998—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
"Director of the United States Information Agency" substituted for "Director of the International Communication Agency" in subsec. (a)(1), pursuant to section 303(b) of
Effective Date of 1998 Amendment
Amendment by section 1335(k)(1) of
Amendment by section 1422(b)(4) of
Executive Documents
Exercise of Certain Functions by Board of the Foreign Service and Board of Examiners for the Foreign Service
The Board of the Foreign Service and the Board of Examiners for the Foreign Service were authorized to exercise with respect to Foreign Service personnel of the Department of Commerce, functions delegated to them by Ex. Ord. No. 11264, set out as a note under
Ex. Ord. No. 10522. Authority of the Director of the United States Information Agency
Ex. Ord. No. 10522, Mar. 26, 1954, 19 F.R. 1689, provided:
Dwight D. Eisenhower.
[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
§3922a. Representation of minorities and women in Foreign Service
(a) Development of program
The head of each agency utilizing the Foreign Service personnel system shall develop, consistent with
(b) Emphasis on mid-levels
Each plan developed pursuant to this section shall, consistent with
(
Editorial Notes
Codification
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.
Amendments
1987—Subsec. (c).
Statutory Notes and Related Subsidiaries
Report Concerning Minorities and the Foreign Service
Mid-Level Women and Minority Placement Program
"(a)
"(b)
"(c)
Women and Minorities in Foreign Service
"(a)
"(1) to recruit and retain members of minority groups in order to increase significantly the number of members of minority groups in the Foreign Service; and
"(2) to provide adequate career advancement for women and members of minority groups in order to increase significantly the numbers of women and members of minority groups in the senior levels of the Foreign Service.
"(b)
"(1) shall substantially increase their efforts to implement effectively the plans required by section 152(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 [
"(2) shall ensure that those plans effectively address the need to promote increased numbers of qualified women and members of minority groups into the senior levels of the Foreign Service.
"(c)
"(1) a report on the progress made at the Assistant Secretary and Bureau level of the Department of State in increasing the presence of minorities and women at all levels in the Foreign Service and Civil Service workforces of the Department of State, and
"(2) the specific actions taken to address the lack of Hispanic Americans, Asian Americans, and Native Americans in the Senior Executive Service and Senior Foreign Service of the Department of State."
§3922b. Public diplomacy training
(a) Statement of policy
The following should be the policy of the United States:
(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent role in the formulation of public diplomacy strategies for the countries and regions to which they are assigned and should be accountable for the operation and success of public diplomacy efforts at their posts.
(3) Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on public diplomacy and the tools and technology of mass communication.
(b) Personnel
(1) Qualifications
In the recruitment, training, and assignment of members of the Foreign Service, the Secretary of State—
(A) should emphasize the importance of public diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment into the Foreign Service, including at middle-level entry, of individuals with expertise and professional experience in public diplomacy, mass communications, or journalism; and
(C) shall give special consideration to individuals with language facility and experience in particular countries and regions.
(2) Languages of special interest
The Secretary of State shall seek to increase the number of Foreign Service officers proficient in languages spoken in countries with predominantly Muslim populations. Such increase should be accomplished through the recruitment of new officers and incentives for officers in service.
(
Editorial Notes
Codification
Section is comprised of section 7110 of
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
§3922c. Integration of foreign economic policy
(a) In general
The Secretary, in conjunction with the Under Secretary of Economic Growth, Energy, and the Environment, shall establish—
(1) foreign economic policy priorities for each regional bureau, including for individual countries, as appropriate; and
(2) policies and guidance for integrating such foreign economic policy priorities throughout the Department.
(b) Deputy Assistant Secretary
Within each regional bureau of the Department, the Secretary shall task an existing Deputy Assistant Secretary with appropriate training and background in economic and commercial affairs with the responsibility for economic matters and interests within the responsibilities of each such regional bureau, including the integration of the foreign economic policy priorities established pursuant to subsection (a).
(c) Training
The Secretary shall establish curriculum at the George P. Shultz National Foreign Affairs Training Center to develop the practical foreign economic policy expertise and skill sets of Foreign Service officers, including by making available distance-learning courses in commercial, economic, and business affairs, including in the following:
(1) The global business environment.
(2) The economics of development.
(3) Development and infrastructure finance.
(4) Current trade and investment agreements negotiations.
(5) Implementing existing multilateral and World Trade Organization agreements, and United States trade and investment agreements.
(6) Best practices for customs and export procedures.
(7) Market analysis and global supply chain management.
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary", "Department", and "Foreign Service" as used in this section, see section 2 of
§3923. Compatibility among agencies utilizing Foreign Service personnel system
(a) The Service shall be administered to the extent practicable in a manner that will assure maximum compatibility among the agencies authorized by law to utilize the Foreign Service personnel system. To this end, the other heads of such agencies shall consult regularly with the Secretary of State.
(b) Nothing in this subchapter shall be construed as diminishing the authority of the head of any agency authorized by law to utilize the Foreign Service personnel system.
(
§3924. Uniform and consolidated administration of Service
The Secretary shall on a continuing basis consider the need for uniformity of personnel policies and procedures and for consolidation (in accordance with
(
§3925. Compatibility between Foreign Service and other Government personnel systems
The Service shall be administered to the extent practicable in conformity with general policies and regulations of the Government. The Secretary shall consult with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget, and the heads of such other agencies as the President shall determine, in order to assure compatibility of the Foreign Service personnel system with other Government personnel systems to the extent practicable.
(
Executive Documents
Delegation of Functions
Functions of President under this section delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under
Consultation With Other Federal Departments and Agencies
For authority for the Secretary of State to consult with the Secretary of Agriculture, the Secretary of Commerce, the Director of the United States Information Agency, the Administrator of the United States Agency for International Development, the Director of the Office of Personnel Management, and the Director of the Office of Management and Budget to ensure compatibility between the Foreign Service personnel system and other government personnel systems, see section 2 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, as amended, set out as note under
§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.
(
Statutory Notes and Related Subsidiaries
Regulations Regarding Foreign Language Competence Within Foreign Service
"(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
§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.
(
Editorial Notes
Amendments
2019—Subsec. (d).
2002—Subsecs. (a)(1), (2), (b).
1987—Subsec. (a).
Subsec. (b).
1982—Subsec. (c).
§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.
(
Editorial Notes
Codification
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.
Amendments
2011—Subsec. (c).
§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.
(
Editorial Notes
Amendments
1994—
§3929. Inspector General
(a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office
(1) There shall be an Inspector General of the Department of State and the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of foreign affairs. The Inspector General shall report to and be under the general supervision of the Secretary of State. Neither the Secretary of State nor any other officer of the Department shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. The Inspector General shall periodically (at least every 5 years) inspect and audit the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State, and shall perform such other functions as the Secretary of State may prescribe, except that the Secretary of State shall not assign to the Inspector General any general program operating responsibilities.
(2) The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.
(b) Subject matter of inspections, investigations, and audits
Inspections, investigations, and audits conducted by or under the direction of the Inspector General shall include the systematic review and evaluation of the administration of activities and operations of Foreign Service posts and bureaus and other operating units of the Department of State, including an examination of—
(1) whether financial transactions and accounts are properly conducted, maintained, and reported;
(2) whether resources are being used and managed with the maximum degree of efficiency, effectiveness, and economy;
(3) whether the administration of activities and operations meets the requirements of applicable laws and regulations and, specifically, whether such administration is consistent with the requirements of
(4) whether there exist instances of fraud or other serious problems, abuses, or deficiencies, and whether adequate steps for detection, correction, and prevention have been taken; and
(5) whether policy goals and objectives are being effectively achieved and whether the interests of the United States are being accurately and effectively represented.
(c) Policies and procedures governing inspection and audit activities; coordination and cooperation with Comptroller General; report to Attorney General on criminal law violations; provision of information to employees; conduct of investigations
(1) The Inspector General shall develop and implement policies and procedures for the inspection and audit activities carried out under this section. These policies and procedures shall be consistent with the general policies and guidelines of the Government for inspection and audit activities and shall comply with the standards established by the Comptroller General of the United States for audits of Government agencies, organizations, programs, activities, and functions.
(2) In carrying out the duties and responsibilities established under this section, the Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward insuring effective coordination and cooperation.
(3) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law.
(4) The Inspector General shall develop and provide to employees—
(A) information detailing their rights to counsel; and
(B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.
(5)
(A)
(i) abide by professional standards applicable to Federal law enforcement agencies; and
(ii) make every reasonable effort to permit each subject of an investigation an opportunity to provide exculpatory information.
(B)
(i) make every reasonable effort to ensure that any person named in a final report of investigation has been afforded an opportunity to refute any allegation of wrongdoing or assertion with respect to a material fact made regarding that person's actions;
(ii) include in every final report of investigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the investigation.
(6)
(A)
(i) waste, fraud, or abuse in a Department program or operation;
(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;
(iii) criminal misconduct on the part of a Department employee; and
(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.
(B)
(d) Reports by Inspector General and Secretary of State
(1) The Inspector General shall keep the Secretary of State fully and currently informed, by means of the reports required by paragraphs (2) and (3) and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of activities and operations administered or financed by the Department of State.
(2) The Inspector General shall, not later than April 30 of each year, prepare and furnish to the Secretary of State an annual report summarizing the activities of the Inspector General. Such report shall include—
(A) a description of significant problems, abuses, and deficiencies relating to the administration of activities and operations of Foreign Service posts, and bureaus and other operating units of the Department of State, which were disclosed by the Inspector General within the reporting period;
(B) a description of the recommendations for corrective action made by the Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A);
(C) an identification of each significant recommendation described in previous annual reports on which corrective action has not been completed;
(D) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted;
(E) a listing of each audit report completed by the Inspector General during the reporting period; and
(F) a notification, which may be included, if necessary, in the classified portion of the report, of any instance in a case that was closed during the period covered by the report when the Inspector General decided not to afford an individual the opportunity described in subsection (c)(5)(B)(i) to refute any allegation and the rationale for denying such individual that opportunity.
The Secretary of State shall transmit a copy of such annual report within 30 days after receiving it to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees, together with a report of the Secretary of State containing any comments which the Secretary of State deems appropriate. Within 60 days after transmitting such reports to those committees, the Secretary of State shall make copies of them available to the public upon request and at a reasonable cost.
(3) The Inspector General shall report immediately to the Secretary of State whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of activities and operations of Foreign Service posts or bureaus or other operating units of the Department of State. The Secretary of State shall transmit any such report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees within 7 days after receiving it, together with a report by the Secretary of State containing any comments the Secretary of State deems appropriate.
(4) Nothing in this subsection shall be construed to authorize the public disclosure by any individual of any information which is—
(A) specifically prohibited from disclosure by any other provision of law; or
(B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(e) Applicability of powers and responsibilities under other statutory provisions; assignment of Service employees to Inspector General; participation in formal interviews
(1) The Inspector General shall have the same authority in carrying out the provisions of this section as is granted under section 6 of the Inspector General Act of 1978 to each Inspector General of an establishment (as defined in section 11(2) of such Act) for carrying out the provisions of that Act, and the responsibilities of other officers of the Government to the Inspector General shall be the same as the responsibilities of the head of an agency or establishment under section 6(b) and (c) of such Act.
(2) At the request of the Inspector General, employees of the Department and members of the Service may be assigned as employees of the Inspector General. The individuals so assigned and individuals appointed pursuant to paragraph (1) shall be responsible solely to the Inspector General, and the Inspector General or his or her designee shall prepare the performance evaluation reports for such individuals.
(3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings.
(f) Reception and investigation of complaints or information; disclosure of identity of informer
(1) The Inspector General may receive and investigate complaints or information from a member of the Service or employee of the Department concerning the possible existence of an activity constituting a violation of laws or regulations, constituting mismanagement, gross waste of funds, or abuse of authority, or constituting a substantial and specific danger to public health or safety.
(2) The Inspector General shall not, after receipt of a complaint or information from a member of the Service or employee of the Department, disclose the identity of such individual without the consent of such individual, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation.
(g) Review of activities and operations of chiefs of mission
Under the general supervision of the Secretary of State, the Inspector General may review activities and operations performed under the direction, coordination, and supervision of chiefs of mission for the purpose of ascertaining their consonance with the foreign policy of the United States and their consistency with the responsibilities of the Secretary of State and the chief of mission.
(
Editorial Notes
References in Text
The Inspector General Act of 1978, referred to in subsec. (e)(1), is
Amendments
2016—Subsec. (c)(6).
1999—Subsec. (c)(5).
Subsec. (d)(2)(F).
1998—Subsec. (c)(4).
Subsec. (e)(3).
1986—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Construction of 1999 Amendment
"(1) section 209(d)(4) of the Foreign Service Act of 1980 (
"(2) section 7(b) of the Inspector General Act of 1978 (5 U.S.C. app.);
"(3) the Privacy Act of 1974 (
"(4) the provisions of
"(5) rule 6(e) of the Federal Rules of Criminal Procedure [18 U.S.C. App.] (relating to the protection of grand jury information); or
"(6) any statute or executive order pertaining to the protection of classified information."
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary of State transmit a copy of the annual report furnished by the Inspector General, together with any comments which the Secretary deems appropriate, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees, see section 3003 of
No Grievance or Right of Action
§3929a. Abolishment of Inspector General of Department of State and Foreign Service
Notwithstanding
(
Editorial Notes
Codification
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
Amendments
1986—
§3930. Board of Foreign Service
The President shall establish a Board of the Foreign Service to advise the Secretary of State on matters relating to the Service, including furtherance of the objectives of maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system and compatibility between the Foreign Service personnel system and the other personnel systems of the Government. The Board of the Foreign Service shall be chaired by an individual appointed by the President and shall include one or more representatives of the Department of State, the Broadcasting Board of Governors, the Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Office of Personnel Management, the Office of Management and Budget, the Equal Employment Opportunity Commission, and such other agencies as the President may designate.
(
Editorial Notes
Amendments
1998—
1985—
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
"United States Information Agency" substituted in text for "International Communication Agency" pursuant to section 303(b) of
Effective Date of 1998 Amendment
Amendment by section 1335(k)(2) of
Amendment by section 1422(b)(4)(B) of
Executive Documents
Executive Order No. 11264
Ex. Ord. No. 11264, Dec. 31, 1965, 31 F.R. 67, as amended by Ex. Ord. No. 11434, Nov. 8, 1968, 33 F.R. 16485; Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, which provided for the establishment, functions, etc., of the Board of the Foreign Service and Board of Examiners for the Foreign Service, was revoked by Ex. Ord. No. 12363, May 21, 1982, 47 F.R. 22497. See sections 6 and 9 of Ex. Ord. No. 12293, as amended, set out as a note under
Executive Order No. 11434
Ex. Ord. No. 11434, Nov. 8, 1968, 33 F.R. 16485, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, which related to administration of foreign service personnel systems, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§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
(b) Review of examinations; report to Secretary of State
The Board of Examiners shall periodically review the examinations prescribed under
(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
(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.
(
Executive Documents
Establishment of Board of Examiners
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
SUBCHAPTER III—APPOINTMENTS
§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
(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.
(
Editorial Notes
Amendments
1987—Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Study of Foreign Service Examination
§3942. Appointments by the President
(a)(1) The President may, by and with the advice and consent of the Senate, appoint an individual as a chief of mission, as an ambassador at large, as an ambassador, as a minister, as a career member of the Senior Foreign Service, or as a Foreign Service officer.
(2)(A) The President may, by and with the advice and consent of the Senate, confer the personal rank of career ambassador upon a career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained period.
(B)(i) Subject to the requirement of clause (ii), the President may confer the personal rank of ambassador or minister on an individual in connection with a special mission for the President of a temporary nature not exceeding six months in duration.
(ii) The President may confer such personal rank only if, prior to such conferral, he transmits to the Committee on Foreign Relations of the Senate a written report setting forth—
(I) the necessity for conferring such rank,
(II) the dates during which such rank will be held,
(III) the justification for not submitting the proposed conferral of personal rank to the Senate as a nomination for advice and consent to appointment, and
(IV) all relevant information concerning any potential conflict of interest which the proposed recipient of such personal rank may have with regard to the special mission.
Such report shall be transmitted not less than 30 days prior to conferral of the personal rank of ambassador or minister except in cases where the President certifies in his report that urgent circumstances require the immediate conferral of such rank.
(C) An individual upon whom a personal rank is conferred under subparagraph (A) or (B) shall not receive any additional compensation solely by virtue of such personal rank.
(3) Except as provided in paragraph (2)(B) of this subsection or in clause 3, section 2, article II of the Constitution (relating to recess appointments), an individual may not be designated as ambassador or minister, or be designated to serve in any position with the title of ambassador or minister, without the advice and consent of the Senate.
(b) If a member of the Service is appointed to any position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, the period of service in that position by the member shall be regarded as an assignment under subchapter V and the member shall not, by virtue of the acceptance of such assignment, lose his or her status as a member of the Service. A member of the Senior Foreign Service who accepts such an assignment may elect to continue to receive the salary of his or her salary class, to remain eligible for performance pay under subchapter IV, and to receive the leave to which such member is entitled under subchapter I of
(
Editorial Notes
Amendments
1991—Subsec. (a)(1).
Subsec. (b).
1987—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Executive Documents
Delegation of Functions
Functions of President under subsec. (a)(1) delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under
Executive Order No. 10062
Ex. Ord. No. 10062, June 6, 1949, 14 F.R. 2695, as amended by act Aug. 10, 1949, ch. 412, §12(a),
Ex. Ord. No. 10608. United States Authority and Functions in Germany
Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Constitution and the statutes, including the Foreign Service Act of 1980 (
1. Executive Order No. 10062 of June 6, 1949, and Executive Order No. 10144 of July 21, 1950, amending that order, are hereby revoked, and the position of United States High Commissioner for Germany, established by that order, is hereby abolished.
2. The Chief of the United States Diplomatic Mission to the Federal Republic of Germany, hereinafter referred to as the Chief of Mission, shall have supreme authority, except as otherwise provided herein, with respect to all responsibilities, duties, and governmental functions of the United States in all Germany. The Chief of Mission shall exercise his authority under the supervision of the Secretary of State and subject to ultimate direction by the President.
3. The United States Military Commander having area responsibility in Germany, hereinafter referred to as the Commander, shall have authority with respect to all military responsibilities, duties, and functions of the United States in all Germany, including the command, security, and stationing of United States forces in Germany, the assertion and exercise of their rights and discharge of their obligations therein, and emergency measures which he may consider essential for their protection or the accomplishment of his mission. The Commander may delegate the authority conferred upon him. If action by the Commander or any representative of the Commander, pursuant to the authority herein conferred, affects the foreign policy of the United States or involves relations or negotiations with non-military German authorities, such action shall be taken only after consultation with and agreement by the Chief of Mission or pursuant to procedures previously agreed to between the Chief of Mission and the Commander or his representative. Either the Chief of Mission or the Commander may raise with the other any question which he believes requires such consultation. If agreement is not reached between them, any differences may be referred to the Department of State and the Department of Defense for resolution.
4. The Chief of Mission and the Commander or his designated representatives shall, to the fullest extent consistent with their respective missions, render assistance and support to each other in carrying out the agreements and policies of the United States.
5. With regard to the custody, care, and execution of sentences and disposition (including pardon, clemency, parole, or release) of war criminals confined or hereafter to be confined in Germany as a result of conviction by military tribunals (A) the Chief of Mission shall share the four-power responsibility in the case of persons convicted by the International Military Tribunal, (B) the Chief of Mission shall exercise responsibility in the case of persons convicted by military tribunals established by the United States Military Governor pursuant to Control Council Law No. 10, and (C) the Commander shall exercise responsibility in the case of persons convicted by other military tribunals established by United States Military Commanders in Germany and elsewhere. The Commanders shall, on request of the Chief of Mission, take necessary measures for carrying into execution any sentences adjudged against such persons in category (B) as to whom the Chief of Mission has responsibility and control. Transfer of custody of persons in categories (B) and (C) to the Federal Republic of Germany as provided in the Convention on the Settlement of Matters Arising Out of the War and Occupation shall terminate the responsibility of the Chief of Mission and the Commander with respect to such persons to the extent that the responsibility of the United States for them is thereupon terminated pursuant to the provisions of the said Convention.
6. If major differences arise over matters affecting the United States Forces in Germany, such differences may be referred to the Department of State and the Department of Defense for resolution.
7. This order shall become effective on the date that the Convention on Relations between the Three Powers and the Federal Republic of Germany and related Conventions, as amended, come into force.
Executive Order No. 11970
Ex. Ord. No. 11970, Feb. 5, 1977, 42 F.R. 7919, establishing the Presidential Advisory Board on Ambassadorial Appointments, was revoked by Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751.
Term of the Presidential Advisory Board on Ambassadorial Appointments extended until Dec. 31, 1980, see Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.
§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
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Statutory Notes and Related Subsidiaries
Prohibition on Certain Employment at United States Diplomatic and Consular Missions in Communist Countries
"(a)
"(b)
"(c)
"(d)
"(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)
"(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
"(a)
"(b)
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
You are authorized and directed to report this determination to the Congress and to publish it in the Federal Register.
George Bush.
§3944. Chiefs of Mission
(a) Qualifications; preference for career members; political contributions as factor in appointment; demonstrated competency report
(1) An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people.
(2) Given the qualifications specified in paragraph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant appointments from time to time of qualified individuals who are not career members of the Service.
(3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission.
(4) The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated competence of that nominee to perform the duties of the position in which he or she is to serve.
(b) Furnishing of information by Secretary; political campaign contributions report
(1) In order to assist the President in selecting qualified candidates for appointment or assignment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members.
(2) Each individual nominated by the President to be a chief of mission, ambassador at large, or minister shall, at the time of nomination, file with the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report of contributions made by such individual and by members of his or her immediate family during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomination and ending on the date of the nomination. The report shall be verified by the oath of the nominee, taken before any individual authorized to administer oaths. The chairman of the Committee on Foreign Relations of the Senate shall have each such report printed in the Congressional Record. As used in this paragraph, the term "contribution" has the same meaning given such term by
(
Editorial Notes
Amendments
1999—Subsec. (c).
Statutory Notes and Related Subsidiaries
Public Availability of Reports on Nominees To Be Chiefs of Mission
§3945. Senior Foreign Service
(a) Salary class
Appointment to the Senior Foreign Service shall be to a salary class established under
(b) Limited appointment
An individual may not be given a limited appointment in the Senior Foreign Service if that appointment would cause the number of members of the Senior Foreign Service serving under limited appointments to exceed 5 percent of the total number of members of the Senior Foreign Service, except that (1) members of the Senior Foreign Service assigned to the Peace Corps shall be excluded in the calculation and application of this limitation, and (2) members of the Senior Foreign Service serving under limited appointments with reemployment rights under
(c) Appointments by Secretary of Commerce
(1) Appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and application of the limitation in subsection (b).
(2) Except as provided in paragraph (3), no more than one individual (other than an individual with reemployment rights under
(3) The Secretary of Commerce may appoint an individual to a limited appointment in the Senior Foreign Service for a specific position abroad if—
(A) no career member of the Service who has the necessary qualifications is available to serve in the position; and
(B) the individual appointed has unique qualifications for the specific position.
(d) Recertification process
The Secretary shall by regulation establish a recertification process for members of the Senior Foreign Service that is equivalent to the recertification process for the Senior Executive Service under
(
Editorial Notes
References in Text
Amendments
1990—Subsec. (d).
1989—Subsec. (d).
1985—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1985 Amendment
Effective Date
Section effective Feb. 15, 1981, with an exception that appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and limitation in subsec. (b) of this section until Oct. 1, 1985, which was repealed by section 119(b) of
Placement of Senior Foreign Service Personnel
1 See References in Text note below.
§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
(2) to recommend to the President that the candidate be given a career appointment under
(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
(
Editorial Notes
Amendments
1987—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
§3947. Entry levels for Foreign Service officer candidates
A career candidate for appointment as a Foreign Service officer may not be initially assigned under
(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.
(
§3948. Recall and reappointment of career members
(a) Retired career members
Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the Service for active duty in the same personnel category as that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate salary class or rate, except that a retired career member of the Senior Foreign Service may not be recalled to a salary class higher than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by and with the advice and consent of the Senate.
(b) Former career members
Former career members of the Service may be reappointed under
(
Statutory Notes and Related Subsidiaries
USAID Overseas Program
"(a)
"(b)
"(c)
"(d)
Similar provisions were contained in the following prior appropriation acts:
§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
(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
(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.
(
Editorial Notes
Amendments
2016—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(6).
Subsec. (c).
1994—Subsec. (b)(5).
1987—
§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
(
Executive Documents
Entitlement to Benefits for Services Performed Outside United States; Service Exceeding Thirty Months
Persons appointed, employed, or assigned after May 19, 1959, under former
§3951. United States citizens hired abroad
(a) Appointment of family members
The Secretary, under
(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
(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under
(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under
(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.
(
Editorial Notes
Amendments
1994—
"(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
"(b) Employment of family members in accordance with this section may not be used to avoid fulfilling the need for full-time career positions."
1 So in original. Probably should be "chapter".
§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.
(
SUBCHAPTER IV—COMPENSATION
§3961. Salaries of chiefs of mission
(a) Except as provided in
(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.
(
Editorial Notes
Amendments
2004—Subsec. (a).
1991—Subsec. (a).
1987—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Amendment by
§3962. Salaries of Senior Foreign Service members
(a) Prescription by President; basic salary rates; adjustments; determinations by Secretary
(1) The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under
(2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.
(3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance—
(A) the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and
(B) the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in
(b) Career appointees in Senior Executive Service accepting limited appointment in Senior Foreign Service; adjustment
(1) An individual who is a career appointee in the Senior Executive Service receiving basic pay at one of the rates payable under
(2) The salary paid to an individual under this subsection shall be adjusted by 50 percent of each adjustment, which takes effect after the appointment of such individual to the Senior Foreign Service, in the basic rate of pay at which that individual was paid under
(
Editorial Notes
References in Text
Level II of the Executive Schedule, referred to in subsec. (a)(3)(A), is set out in
Amendments
2004—Subsec. (a)(1).
Subsec. (a)(2), (3).
1982—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 15, 1981, except that subsec. (a), for purposes of implementing
Executive Documents
Establishment of Salary Classes With Titles for Senior Foreign Service
For establishment of salary classes with titles for the Senior Foreign Service, at basic rates of pay equivalent to that established from time to time for the Senior Executive Service under
§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
(
Editorial Notes
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date
Section effective Feb. 15, 1981, except that for purposes of implementing
Executive Documents
Executive Order No. 12249
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
Adjustment of Foreign Service Schedule
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
§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
(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
(
Editorial Notes
Amendments
1994—Subsec. (a).
§3965. Performance pay
(a) Eligibility; additional lump sum payment; excessive compensation not precluding award
Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights under
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under
(b) Criteria; limitations
Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under
(1) Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3), performance pay for a member of the Senior Foreign Service may not exceed 20 percent of the annual rate of basic salary for that member.
(3) Not more than 6 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year in an amount which exceeds the percentage limitation specified in paragraph (2). Payments under this paragraph to a member of the Senior Foreign Service may not exceed, in any fiscal year, the percentage of basic pay established under
(4) Any award under this section shall be subject to the limitation on certain payments under
(5) The Secretary of State shall prescribe regulations, consistent with
(c) Determination of amount by Secretary; distribution on basis of selection board recommendations
The Secretary shall determine the amount of performance pay available under subsection (b)(2) each year for distribution among the members of the Senior Foreign Service and shall distribute performance pay to particular individuals on the basis of recommendations by selection boards established under
(d) Recommendations for meritorious or distinguished service awards
The President may grant awards of performance pay under subsection (b)(3) on the basis of annual recommendations by the Secretary of State of members of the Senior Foreign Service who are nominated by their agencies as having performed especially meritorious or distinguished service. Such service in the promotion of internationally recognized human rights, including the right to freedom of religion, shall serve as a basis for granting awards under this section. Recommendations by the Secretary of State under this subsection shall be made on the basis of recommendations by special interagency selection boards established by the Secretary of State for the purpose of reviewing and evaluating the nominations of agencies.
(e) Recognition in lieu of award
Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection (a) (including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.
(
Editorial Notes
Amendments
2004—Subsec. (b)(4).
2002—Subsec. (b)(3).
1999—Subsec. (b)(1).
1998—Subsec. (a).
Subsec. (d).
Subsec. (e).
1994—Subsec. (b)(4).
1987—Subsec. (b)(4), (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Senior Foreign Service Performance Pay
"(a)
"(b)
"(c)
[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
Review of Performance Pay Programs
"(1)
"(2)
"(A) the procedures in the Department of State under which performance pay recipients are chosen to determine whether the procedures and award determinations are free from bias and reflect fair standards; and
"(B) the adequacy of the criteria and the equity of the criteria actually applied in making those awards.
The review should be conducted in accordance with generally accepted Government auditing standards. The Inspector General shall report the results of this review to the Secretary of State and to the Congress no later than May 1, 1988.
"(3)
§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
(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.
(
§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
(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).
(
§3968. Local compensation plans
(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund
(1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under
(2) The Secretary may make supplemental payments to any civil service annuitant who is a former foreign national employee of the Service (or who is receiving an annuity as a survivor of a former foreign national employee of the Service) in order to offset exchange rate losses, if the annuity being paid such annuitant is based on—
(A) a salary that was fixed in a foreign currency that has appreciated in value in terms of the United States dollar; and
(B) service in a country in which (as determined by the Secretary) the average retirement benefits being received by individuals who retired from competitive local organizations are superior to the local currency value of civil service annuities plus any other retirement benefits payable to foreign national employees who retired during similar time periods and after comparable careers with the Government.
(3)(A) Whenever a foreign national employee so elects during a one-year period established by the Secretary of State with respect to each post abroad, the Secretary of the Treasury (at the direction of the Secretary of State) shall transfer such employee's interest in the Civil Service Retirement and Disability Fund to a trust or other local retirement plan certified by the United States Government under a local compensation plan established for foreign national employees pursuant to this section (excluding local social security plans).
(B) For purposes of subparagraph (A), the phrase "employee's interest in the Civil Service Retirement and Disability Fund" means the total contributions of the employee and the employing agency with respect to such employee, pursuant to
(C) Any such transfer shall void any annuity rights or entitlement to lump-sum credit under subchapter III of
(b) Employment programs
For the purpose of performing functions abroad, any agency or other Government establishment (including any establishment in the legislative or judicial branch) may administer employment programs for its employees who are foreign nationals, are United States citizens employed in the Service abroad who were hired while residing abroad, or are family members of Government employees assigned abroad, in accordance with the applicable provisions of this chapter.
(c) Regulations
The Secretary of State may prescribe regulations governing the establishment and administration of local compensation plans under this section by all agencies and other Government establishments.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a)(1), is act Aug. 14, 1935, ch. 531,
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2002—Subsec. (a)(1).
1999—Subsec. (a)(1).
1994—Subsec. (a)(1).
1991—Subsec. (a)(1).
Subsec. (b).
1990—Subsec. (a)(3).
1983—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Date of Transfer From Civil Service Retirement and Disability Fund
Foreign National Pay Plans
"(1) improve coordination between the Department of State and the Department of Defense and other departments and agencies of the United States operating outside the United States with respect to foreign national pay systems and wage schedules to the extent that—
"(A) joint wage surveys and compatible pay schedules are adopted in countries where two or more departments or agencies of the United States directly employ foreign nationals, and
"(B) Department of Defense wage rates are included in wage surveys of the Department of State where the Department of Defense operates under indirect-hire arrangements;
"(2) monitor the establishment of wage rates outside the United States more closely to insure that United States missions—
"(A) operate under salary schedules that reflect private sector average pay or average pay ranges,
"(B) include the cost of severance in making pay adjustments, and
"(C) survey jobs in the private sector which represent as closely as possible the work force of the mission; and
"(3) substitute, whenever possible, prevailing local retirement plans for civil service retirement with respect to the retirement of foreign nationals employed by the United States."
§3968a. Locally-employed staff wages
(a) Market-responsive staff wages
Not later than 180 days after December 16, 2016, and periodically thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in
(1) is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and
(2) is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.
(b) Exception
The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest.
(c) Recordkeeping requirement
The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based—
(1) shall be filed electronically and retained for not less than 5 years; and
(2) shall be made available to the appropriate congressional committees upon request.
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 2 of
§3969. Salaries of consular agents
The Secretary of State shall establish the salary rate for each consular agent. Such salary rate shall be established after taking into account the workload of the consular agency and the prevailing wage rates in the locality where the agency is located, except that, in the case of a consular agent who is a citizen of the United States, the salary rate may not be less than the then applicable minimum wage rate specified in
(
§3970. Compensation for imprisoned foreign national employees
(a) Eligibility; rates of compensation; terms and conditions of payment; applicability of powers under other statutory provisions
The head of any agency or other Government establishment (including any in the legislative or judicial branch) may compensate any current or former foreign national employee, or any foreign national who is or was employed under a personal services contract, who is or has been imprisoned by a foreign government if the Secretary of State (or, in the case of a foreign national employed by the Central Intelligence Agency, the Director of Central Intelligence) determines that such imprisonment is the result of the employment of the foreign national by the United States. Such compensation may not exceed the amount that the agency head determines approximates the salary and other benefits to which the foreign national would have been entitled had he or she been employed during the period of such imprisonment. Such compensation may be paid under such terms and conditions as the Secretary of State deems appropriate. For purposes of this section, an agency head shall have the same powers with respect to imprisoned foreign nationals who are or were employed by the agency as an agency head has under subchapter VII of
(b) Time spent imprisoned considered as period of employment
Any period of imprisonment of a current or former foreign national employee which is compensable under this section shall be considered for purposes of any other employee benefit to be a period of employment by the Government, except that a period of imprisonment shall not be creditable—
(1) for purposes of subchapter III of
(2) for purposes of subchapter I of
(c) Time of filing of claims
No compensation or other benefit shall be awarded under this section unless a claim therefor is filed within 3 years after—
(1) the termination of the period of imprisonment giving rise to the claim, or
(2) the date of the claimant's first opportunity thereafter to file such a claim, as determined by the appropriate agency head.
(d) Regulations
The Secretary of State may prescribe regulations governing payments under this section by all agencies and other Government establishments.
(
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
§3971. Temporary service as principal officer
For such time (in excess of such minimum period as the Secretary of State may establish) as any member of the Service is temporarily in charge of a Foreign Service post during the absence or incapacity of the principal officer, that member shall receive, in addition to the basic salary paid to the member and notwithstanding
(
§3972. Special differentials
(a) Additional work requirements
The Secretary may pay special differentials, in addition to compensation otherwise authorized, to Foreign Service officers who are required because of the nature of their assignments to perform additional work on a regular basis in substantial excess of normal requirements.
(b) Salary limitations
The Inspector General of the United States Agency for International Development (USAID) shall limit the payment of special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly placed on other criminal investigators within the Federal law enforcement community. This provision shall be retroactive to January 1, 2013.
(c) Compensatory time off
Nothing in this chapter, or in subchapter V of
(
Editorial Notes
Amendments
2016—Subsec. (b).
1994—Subsec. (b).
§3973. Death gratuities
(a) Criteria; amount; payment deemed gift
The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year's salary at level II of the Executive Schedule under
(b) Other executive agencies
The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to
(c) Guidance
Not later than 60 days after January 17, 2014, the Secretary shall, in consultation with the heads of other relevant executive agencies, issue guidance with criteria for determining eligibility for, and order of payments to, survivors and beneficiaries of any employee or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained in the performance of duty while subject to the authority of the chief of mission pursuant to
(d) Eligibility to elect monthly compensation as condition to payment
A death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection (c) is entitled to elect monthly compensation under
(e) Definitions
As used in this section—
(1) the term "Foreign Service employee" means any member of the Service or United States representative to an international organization or commission; and
(2) each of the terms "widow", "widower", "child", and "parent" shall have the same meaning given each such term by
(
Editorial Notes
Amendments
2014—Subsec. (a).
Subsec. (b).
Subsec. (c).
"(1) First, to the widow or widower.
"(2) Second, to the child, or children in equal shares, if there is no widow or widower.
"(3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child.
"If there is no survivor entitled to payment under this subsection, no payment shall be made."
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
§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
(b) Employee defined
For purposes of this section, the term "employee" means a person who—
(1) is an "employee" as defined under
(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) (
(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
(d) Regulations
The heads of the agencies referred to in subsection (b)(2) may prescribe regulations to carry out this section.
(
§3975. Group life insurance supplement applicable to those killed in terrorist attacks
(a) Foreign Service employees
(1) In general
Notwithstanding the amounts specified in
(2) Designation of beneficiary
A payment made under paragraph (1) shall be made in accordance with the guidance issued under
(b) Other executive agencies
The head of an executive agency shall provide the additional payment authorized by this section, consistent with the provisions set forth in subsection (a), with respect to any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency who dies as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in
(
Editorial Notes
References in Text
Amendments
2017—Subsec. (a)(1).
2015—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to
Applicability
§3976. Survivors' and dependents' educational assistance
(a) Foreign Service employees
The Secretary shall, pursuant to guidance issued under
(b) Other executive agencies
The head of an executive agency shall, pursuant to guidance issued under
(c) Amount of assistance
Educational assistance under this section may be made available up to the amounts provided for in
(d) Program of education and educational institution defined
For purposes of this section, the terms "program of education" and "educational institution" have the meanings given the terms in
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to
SUBCHAPTER V—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
§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
(
§3982. Assignments to Foreign Service positions
(a) Positions assignable; basis for assignment
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under
(2) In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular geographic area on the basis of the race, ethnicity, or religion of that member.
(b) Filling of positions by members of Service; employment of members of State Department and other agencies
Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—
(1) Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other members of the Service.
(c) Charge d'affaires
The President may assign a career member of the Service to serve as charge d'affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section 3902(a)(3) 1 of this title by the Secretary of State as diplomatic in nature) for such period as the public interest may require.
(d) Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization
The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their areas of specialization.
(
Editorial Notes
References in Text
Amendments
2016—Subsec. (a)(2).
1983—Subsec. (d).
Statutory Notes and Related Subsidiaries
Report Respecting Policies and Procedures Adopted To Improve Competitive Ability of Personnel
Executive Documents
Delegation of Functions
Functions of President under subsec. (c) delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under
1 See References in Text note below.
§3983. Assignments to non-Service and other positions
(a) Positions assignable
The Secretary may (with the concurrence of the agency, organization, or other body concerned) assign a member of the Service for duty—
(1) in a non-Foreign Service (including Senior Executive Service) position in the Department or another agency, or with an international organization, international commission, or other international body;
(2) with a domestic or international trade, labor, agricultural, scientific, or other conference, congress, or gathering;
(3) for special instruction, training, or orientation at or with a public or private organization; and
(4) in the United States (or in any territory or possession of the United States or in the Commonwealth of Puerto Rico), with a State or local government, a public or private nonprofit organization (including an educational institution), or a Member or office of the Congress.
(b) Salary; travel and other expenses
(1) The salary of a member of the Service assigned under this section shall be the higher of the salary which that member would receive but for the assignment under this section or the salary of the position to which that member is assigned.
(2) The salary of a member of the Service assigned under this section shall be paid from appropriations made available for the payment of salaries and expenses of the Service. Such appropriations may be reimbursed for all or any part of the costs of salaries and other benefits for members assigned under this section.
(3) A member of the Service assigned under subsection (a)(4) to a Member or office of the Congress shall be deemed to be an employee of the House of Representatives or the Senate, as the case may be, for purposes of payment of travel and other expenses.
(c) Length of assignment
Except as otherwise provided in subsection (d)(5), assignments under this section may not exceed four years of continuous service for any member of the Service unless the Secretary approves an extension of such period for that member because of special circumstances.
(d) Assignment to the American Institute in Taiwan
(1) The Secretary may assign a member of the Service, or otherwise detail an employee of the Department, for duty at the American Institute in Taiwan, if the Secretary determines that to do so is in the national interest of the United States.
(2) The head of any other department or agency of the United States may, with the concurrence of the Secretary, detail an employee of that department or agency to the American Institute in Taiwan, if the Secretary determines that to do so is in the national interest of the United States.
(3) In this subsection, the term "employee" does not include—
(A) a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in
(B) an employee in a position that has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(4) An assignment or detail under this subsection may be made with or without reimbursement from the American Institute in Taiwan.
(5) The period of an assignment or detail under this subsection shall not exceed a total of 6 years, except that the Secretary (or any other head of a department or agency of the United States, with the concurrence of the Secretary) may extend the period of an assignment or detail for an additional period of not more than 6 years.
(
Editorial Notes
Amendments
2002—Subsec. (c).
Subsec. (d).
§3984. Service in United States and abroad
(a) Obligation to serve abroad; length of stay in United States
Career members of the Service shall be obligated to serve abroad and shall be expected to serve abroad for substantial portions of their careers. The Secretary shall establish by regulation limitations upon assignments of members of the Service within the United States. A member of the Service may not be assigned to duty within the United States for any period of continuous service exceeding eight years unless the Secretary approves an extension of such period for that member because of special circumstances.
(b) Intermittent duty within United States
Consistent with the needs of the Service, the Secretary shall seek to assign each career member of the Service who is a citizen of the United States (other than those employed in accordance with
(c) Sabbaticals
The Secretary may grant a sabbatical to a career member of the Senior Foreign Service for not to exceed eleven months in order to permit the member to engage in study or uncompensated work experience which will contribute to the development and effectiveness of the member. A sabbatical may be granted under this subsection under conditions specified by the Secretary in light of the provisions of
(
Editorial Notes
Amendments
1994—Subsec. (b).
§3985. Temporary details
A period of duty of not more than six months in duration by a member of the Service shall be considered a temporary detail and shall not be considered an assignment within the meaning of this subchapter.
(
SUBCHAPTER VI—PROMOTION AND RETENTION
§4001. Promotions
(a) Method of promotion
Career members of the Senior Foreign Service are promoted by appointment under
(b) Recommendations and rankings of selection boards
Except as provided in
(1) members of the Senior Foreign Service, and
(2) members of the Service assigned to a salary class in the Foreign Service Schedule (including promotions of such members into the Senior Foreign Service),
shall be based upon the recommendations and rankings of selection boards established under
(c) Eligibility; request for promotion; time of consideration; withdrawal of request; basis for decision; affidavits
(1) Promotions into the Senior Foreign Service shall be recommended by selection boards only from among career members of the Service assigned to class 1 in the Foreign Service Schedule who request that they be considered for promotion into the Senior Foreign Service. The Secretary shall prescribe the length of the period after such a request is made (within any applicable time in class limitation established under
(2) Decisions by the Secretary on the numbers of individuals to be promoted into and retained in the Senior Foreign Service shall be based upon a systematic long-term projection of personnel flows and needs designed to provide—
(A) a regular, predictable flow of recruitment in the Service;
(B) effective career development patterns to meet the needs of the Service; and
(C) a regular, predictable flow of talent upward through the ranks and into the Senior Foreign Service.
(3) The affidavit requirements of
(4), (5) Repealed.
(6)(A) The promotion of any individual joining the Service on or after January 1, 2017, to the Senior Foreign Service shall be contingent upon such individual completing at least one tour in—
(i) a global affairs bureau; or
(ii) a global affairs position.
(B) The requirements under subparagraph (A) shall not apply if the Secretary certifies that the individual proposed for promotion to the Senior Foreign Service—
(i) has met all other requirements applicable to such promotion; and
(ii) was unable to complete a tour in a global affairs bureau or global affairs position because there was not a reasonable opportunity for such individual to be assigned to such a position.
(C) In this paragraph—
(i) the term "global affairs bureau" means any bureau of the Department that is under the responsibility of—
(I) the Under Secretary for Economic Growth, Energy, and Environment;
(II) the Under Secretary for Arms Control and International Security Affairs;
(III) the Under Secretary for Management;
(IV) the Assistant Secretary for International Organization Affairs;
(V) the Under Secretary for Public Diplomacy and Public Affairs; or
(VI) the Under Secretary for Civilian, Security, Democracy, and Human Rights; and
(ii) the term "global affairs position" means any position funded with amounts appropriated to the Department under the heading "Diplomatic Policy and Support".
(
Editorial Notes
Amendments
2016—Subsec. (c)(4).
"(A) A description of the steps taken and planned in furtherance of—
"(i) maximum compatibility among agencies utilizing the Foreign Service personnel system, as provided for in
"(ii) the development of uniform policies and procedures and consolidated personnel functions, as provided for in
"(B) A workforce plan".
Subsec. (c)(5).
Subsec. (c)(6).
1999—Subsec. (c)(4), (5).
1994—Subsec. (b).
1987—Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Reports Eliminated
Language Training in Foreign Service
Foreign Service Promotion Panels
"(1) only promote candidates to the Senior Foreign Service who have demonstrated foreign language proficiency in at least one language at the General Professional Speaking Proficiency level, as defined by the George P. Shultz National Foreign Affairs Training Center;
"(2) strive for the objective stipulated in the Foreign Service Manual 'to be able to use two foreign languages at a minimum professional level of proficiency of S–3/R–3, which is the general professional speaking proficiency level'; and
"(3) have at least one person on each Foreign Service promotion panel who has attained at least the General Professional Speaking Proficiency level in one language level."
Language Proficiency in Employee Evaluation Report
§4002. Establishment of selection boards
(a) Evaluation of performance; recommendations
The Secretary shall establish selection boards to evaluate the performance of members of the Senior Foreign Service and members of the Service assigned to a salary class in the Foreign Service Schedule. Selection boards shall, in accordance with precepts prescribed by the Secretary, rank the members of a salary class on the basis of relative performance and may make recommendations for—
(1) promotions in accordance with
(2) awards of performance pay under
(3) denials of within-class step increases under
(4) offer or renewal of limited career extensions under
(5) such other actions as the Secretary may prescribe by regulation.
(b) Public members; appointment of women and minority groups
All selection boards established under this section shall include public members. The Secretary shall assure that a substantial number of women and members of minority groups are appointed to each selection board established under this section.
(c) Disqualification for service on foreign service selection boards
No public members appointed pursuant to this section may be, at the time of their appointment or during their appointment, an agent of a foreign principal (as defined by
(
Editorial Notes
Amendments
1995—Subsec. (c).
1990—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
§4003. Recommendations and rankings
(a) Recommendations and rankings by selection boards shall be based upon records of the character, ability, conduct, quality of work, industry, experience, dependability, usefulness, and general performance of members of the Service. Such records may include reports prepared by or on behalf of the Inspector General of the Department of State and the Foreign Service, performance evaluation reports of supervisors, records of commendations, reports of language test scores from the George P. Shultz National Foreign Affairs Training Center, awards, reprimands, and other disciplinary actions, and (with respect to members of the Senior Foreign Service) records of current and prospective assignments.
(b) Precepts for selection boards shall include a description of the needs of the Service for performance requirements, skills, and qualities, which are to be considered in recommendations for promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service shall emphasize performance which demonstrates the strong policy formulation capabilities, executive leadership qualities, and highly developed functional and area expertise, which are required for the Senior Foreign Service. The precepts for selection boards shall include, whether the member of the Service or the member of the Senior Foreign Service, as the case may be, has demonstrated—
(1) a willingness and ability to explain United States policies in person and through the media when occupying positions for which such willingness and ability is, to any degree, an element of the member's duties, or
(2) other experience in public diplomacy.
(
Editorial Notes
Amendments
2004—Subsec. (b).
2002—Subsec. (a).
§4004. Records
(a) The records described in
(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
(
Editorial Notes
Amendments
1999—
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
§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.
(
§4006. Other bases for promoting or increasing pay
(a) The Secretary may pursuant to a recommendation of the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board—
(1) recommend to the President a promotion of a member of the Service under
(2) promote a member of the Service under
(3) grant performance pay to a member of the Senior Foreign Service under
(4) grant a within-class salary increase under
(b) In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of
(
§4007. Retirement for expiration of time in class
(a) Maximum time
(1) The Secretary shall, by regulation, establish maximum time in class limitations for—
(A) career members of the Senior Foreign Service,
(B) Foreign Service officers, and
(C) other career members of the Service who are in such occupational categories as may be designated by the Secretary and who are assigned to salary classes in the Foreign Service Schedule to which Foreign Service officers may also be assigned.
(2) Maximum time in class limitations under this subsection (which may not be less than 3 years for career members of the Senior Foreign Service) may apply with respect to the time a member may remain in a single salary class or in a combination of salary classes.
(3) The Secretary may, by regulation, increase or decrease any maximum time in class established under this subsection as the needs of the Service may require. If maximum time in class is decreased, the Secretary shall provide any member of the Service who is in a category and salary class subject to the new time in class limitation an opportunity to remain in class (notwithstanding the new limitation) for a period which is at least as long as the shorter of—
(A) the period which the member would have been permitted to remain in class but for the decrease in maximum time in class, or
(B) such minimum period as the Secretary determines is necessary to provide members of the Service who are in the same category and salary class as that member a reasonable opportunity to be promoted into the next higher class or combination of classes, as the case may be.
(b) Limited career extension
Members of the Service whose maximum time in class under subsection (a) expires—
(1) after they have attained the highest salary class for their respective occupational categories, or
(2) in the case of members of the Senior Foreign Service, while they are in salary classes designated by the Secretary,
may continue to serve only under limited extentions of their career appointments. Such limited extensions may not exceed 5 years in duration and may be granted and renewed by the Secretary in accordance with the recommendations of selection boards established under
(c) Members subject to retirement; reception of retirement benefits
Any member of the Service—
(1) whose maximum time in class under subsection (a) expires and who is not promoted to a higher class or combination of classes, as the case may be, or
(2) whose limited career extension under subsection (b) expires and is not renewed,
shall be retired from the Service and receive benefits in accordance with
(d) Extensions
Notwithstanding any other provision of this section—
(1) the career appointment of a member of the Service whose maximum time in class under subsection (a) expires, or whose limited career extension under subsection (b) expires, while that member is occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, shall be extended until the appointment to that position is terminated; and
(2) if the Secretary determines it to be in the public interest, the Secretary may extend temporarily the career appointment of a career member of the Service whose maximum time in class or limited career extension expires, but in no case may any extension under this paragraph exceed one year and such extensions may be granted only in special circumstances.
(
§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
(
§4009. Retirement benefits
(a) Entitlement
A member of the Service—
(1) who is retired under
(2) who is retired under
(A) after becoming eligible for voluntary retirement under
(B) from the Senior Foreign Service or while assigned to class 1 in the Foreign Service Schedule,
shall receive retirement benefits in accordance with
(b) Computation of amount; refund; death of member
Any member of the Service (other than a member to whom subsection (a) applies) who is retired under
(1) one-twelfth of a year's salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year's salary at his or her then current salary rate, payable without interest from the Foreign Service Retirement and Disability Fund in 3 equal installments, such installments to be paid on January 1 of each of the first 3 calendar years beginning after the retirement of the member (except that in special cases, the Secretary of State may accelerate or combine such installments); and
(2)(A) for those participants in the Foreign Service Retirement and Disability System, a refund as provided in
In the event that a member of the Service has elected to receive retirement benefits under paragraph (2) and dies before reaching age 60 (for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in the Foreign Service Pension System), his or her death shall be considered a death in service within the meaning of
(
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (a)(2)(A).
Subsec. (b).
Subsec. (b)(2).
1994—Subsecs. (a)(2), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
"(1)
"(2)
Special Annuity for Certain Foreign Service Officers
"(a) Subject to the conditions established in subsection (b), any Foreign Service officer—
"(1) who was retired under section 633(a)(1) of the Foreign Service Act of 1946 [former
"(2) who was not in class 1, 2, or 3 at the time of retirement;
"(3) who was 40 years of age or older at the time of retirement; and
"(4) who had at least 20 years of service, exclusive of credit for unused sick leave, creditable for purposes of section 821 of such Act [former
shall be entitled to receive retirement benefits in accordance with the provisions of such section 821 [former
"(b) Retirement benefits may not be paid under this section unless (1) any refund of contributions paid to the officer under section 634(b)(2) of the Foreign Service Act of 1946 [former
"(c) In the event that an officer who is entitled to retirement benefits under this section dies before reaching the age of fifty, but after the date of enactment of this section [Aug. 17, 1977], his or her death shall be considered a death in service within the meaning of section 832 of the Foreign Service Act of 1946 [former
"(d) An officer