Browse Arkansas Code titles and sections
22 U.S.C. § 3905 — Personnel actions
Federal law — U.S. Code and appendices · legal_authorities
**(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, disability, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under [section 2302(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b/1&num=0&edition=prelim);
(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 da
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3905
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 19d276eac40ded64921ece453a905906e3135a1f4574ac5d1a2fc9e7ad92f0e1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_5b75e75f4013c1bd68175b17
Source file: Laws/federal/codes/united-states-code/title-22/section-3905-personnel-actions--f1f6cf34da.md
Pages: Not recorded – Not recorded
Passage SHA-256: 473b8696b37a93d6eeeed1f552d340d132a63be2d38737db8c927ce029c87a76
Source location: Title 22, Chapter 52, § 3905; chapter-052-foreign-service.md
Stored source content
**(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, disability, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under [section 2302(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b/1&num=0&edition=prelim);
(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 [section 2302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim).
**(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 [section 7201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7201&num=0&edition=prelim).
(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) [section 2000e–16 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16&num=0&edition=prelim), prohibiting discrimination on the basis of race, color, religion, sex, or national origin;
(2) sections 631 and 633a of title 29, prohibiting discrimination on the basis of age;
(3) [section 206(d) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/d&num=0&edition=prelim), prohibiting discrimination on the basis of sex;
(4) sections 791 and 794a of title 29, prohibiting discrimination on the basis of disability; or
(5) any provision of law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “underrepresentation” means a situation in which the number of members of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the Office of Personnel Management, on the basis of the policy set forth in subsection (b) of this section) within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage that the minority constituted within the labor force of the United States, as determined under the most recent decennial or mid-decade census, or current population survey, under title 13, and
(2) “category of civil service employment” means—
(A) each grade of the General Schedule described in [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5104&num=0&edition=prelim);
(B) each position subject to subchapter IV of chapter 53 of this title;
(C) such occupational, professional, or other groupings (including occupational series) within the categories established under subparagraphs (A) and (B) of this paragraph as the Office determines appropriate.
**(b)** It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy.
**(c)** Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Office of Personnel Management shall, by regulation, implement a minority recruitment program which shall provide, to the maximum extent practicable—
(1) that each Executive agency conduct a continuing program for t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2302
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Discriminatory practices prohibited; employees or applicants for employment subject to coverage** All personnel actions affecting employees or applicants for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), in executive agencies as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Publishing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on race, color, religion, sex, or national origin.
**(b) Equal Employment Opportunity Commission; enforcement powers; issuance of rules, regulations, etc.; annual review and approval of national and regional equal employment opportunity plans; review and evaluation of equal employment opportunity programs and publication of progress reports; consultations with interested parties; compliance with rules, regulations, etc.; contents of national and regional equal employment opportunity plans; authority of Librarian of Congress** Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission shall have authori
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e–16
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of State may make grants to postsecondary educational institutions or students for the purpose of increasing the level of knowledge and awareness of and interest in employment with the Foreign Service or the Civil Service, consistent with [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3905&num=0&edition=prelim). To the extent possible, the Secretary shall give special emphasis to promoting such knowledge and awareness of, and interest in employment with, the Foreign Service or the Civil Service among minority students. Any grants awarded shall be made pursuant to regulations to be established by the Secretary of State, which shall provide for a limit on the size of any specific grant and, regarding any grants to individuals, shall ensure that no grant recipient receives an amount of grants from one or more Federal programs which in the aggregate would exceed the cost of his or her education, and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds.
**(b) Diplomatic Security fellowship programs**
(1) **Establishment** — The Secretary of State, working through the Assistant Secretary for Diplomatic Security, is authorized to establish Diplomatic Security fellowship programs to provide grants to United States nationals pursuing post-secondary studies who commit to pursuing a career as a special agent, security engineering officer, or in the civil service in the Bureau of Diplomatic Security.
(2) **Rulemaking** — The Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth—
(A) the eligibility requirements for receiving a grant under
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2719
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The Secretary, in collaboration with the Director of the Foreign Service Institute, is authorized to establish a Mid-Career Mentoring Program (referred to in this section as the “Program”) to assist in the retention of, and to decrease mid-career attrition of, employees, including those who have demonstrated potential for advancement and may be at risk of leaving the Department.
**(b) Selection**
(1) **Nominations** — The head of each bureau shall semiannually nominate participants for the Program from a pool of applicants in the positions described in paragraph (2)(B), including from posts both domestically and abroad.
(2) **Submission of slate of nominees to Secretary** — The Director of the Foreign Service Institute, in consultation with the Director General of the Foreign Service, shall semiannually—
(A) vet the nominees most recently nominated pursuant to paragraph (1); and
(B) submit to the Secretary a slate of applicants to participate in the Program, who shall consist of at least—
(i) 10 Foreign Service Officers and specialists classified at the FS-03 or FS-04 level of the Foreign Service Salary Schedule;
(ii) 10 Civil Service employees classified at GS–12 or GS–13 of the General Schedule; and
(iii) 5 Foreign Service Officers from the United States Agency for International Development.
(3) **Final selection** — The Secretary shall select the applicants who will be invited to participate in the Program from the slate received pursuant to paragraph (2)(B) and extend such an invitation to each selected applicant.
(4) **Merit principles** — [Section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3905&num=0&edition=prelim) shall apply to nominations, submissions to the Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2738
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3929
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1424
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3903
of the Armed Forces of the United States, the
commissioned corps of the Public Health Serv-
ice, or the commissioned corps of the National
Oceanic and Atmospheric Administration;
(6) ‘‘function’’ includes any duty, obligation,
power, authority, responsibility, right, privi-
lege, discretion, or activity;
(7) ‘‘Government’’ means the Government of
the United States;
(8) ‘‘merit principles’’ means the principles
set out in section 2301(b) of title 5;
(9) ‘‘principal officer’’ means the officer in
charge of a diplomatic mission, consular mis-
sion (other than a consular agency), or other
Foreign Service post;
(10) ‘‘Secretary’’ means the Secretary of
State, except that (subject to section 3921 of
this title) with reference to the exercise of
functions under this Act with respect to any
agency authorized by law to utilize the For-
eign Service personnel system, such term
means the head of that agency;
(11) ‘‘Service’’ or ‘‘Foreign Service’’ means
the Foreign Service of the United States; and
(12) ‘‘United States’’, when used in a geo-
graphic sense, means the several States and
the District of Columbia.
(Pub. L. 96–465, title I, § 102, Oct. 17, 1980, 94 Stat.
2075; Pub. L. 98–164, title I, § 130(a), Nov. 22, 1983,
97 Stat. 1027.)
Editorial Notes
REFERENCES IN TEXT
Section 552(e) of title 5, referred to in par. (2), was re-
designated section 552(f) of title 5 by section 1802(b) of
Pub. L. 99–570.
AMENDMENTS
1983—Pub. L. 98–164 struck out ‘‘(a)’’ before ‘‘As used
in this chapter’’, and struck out subsec. (b) which pro-
vided that references to Foreign Service officers in any
provision be deemed to refer to, with respect to the
United States Information Agency, Foreign Service In-
form
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.