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22 U.S.C. § 3943 — Appointments by the Secretary
Federal law — U.S. Code and appendices · legal_authorities
The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim)) in accordance with this chapter and such regulations as the Secretary may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3943
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Stable record: federal_law:legal_authorities:record_usc_c7566d1bb3dcba743ba17f52
Source file: Laws/federal/codes/united-states-code/title-22/section-3943-appointments-by-the-secretary--95b98a5641.md
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Passage SHA-256: 2046709a68b07c67f6912987dacbb196a1b7f8fcbeeb65c0a0c0e03849059ad5
Source location: Title 22, Chapter 52, § 3943; chapter-052-foreign-service.md
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The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim)) in accordance with this chapter and such regulations as the Secretary may prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of State**
(1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”).
(2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate.
(3)
(A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President.
(B)
(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer.
(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.
**(b) Under Secretaries**
(1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2651a
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Federal law — U.S. Code and appendices · legal_authorities
The following are the members of the Service:
(1) Chiefs of mission, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim) or assigned under [section 3982(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3982/c&num=0&edition=prelim).
(2) Ambassadors at large, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim).
(3) Members of the Senior Foreign Service, appointed under section 3942(a)(1) or 3943 of this title, who are the corps of leaders and experts for the management of the Service and the performance of its functions.
(4) Foreign Service officers, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim), who have general responsibility for carrying out the functions of the Service.
(5) Foreign Service personnel, United States citizens appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide skills and services required for effective performance by the Service.
(6) Foreign national employees, foreign nationals appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide clerical, administrative, technical, fiscal, and other support at Foreign Service posts abroad.
(7) Consular agents, appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim) individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3922
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trial period under limited appointment** Before receiving a career appointment in the Service, an individual shall first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary. During such trial period of service, the Secretary shall decide whether—
(1) to offer a career appointment to the candidate under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), or
(2) to recommend to the President that the candidate be given a career appointment under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim).
**(b) Decisions by Secretary** Decisions by the Secretary under subsection (a) shall be based upon the recommendations of boards, established by the Secretary and composed entirely or primarily of career members of the Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service.
**(c) Foreign Service Grievance Board decisions** Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under [section 4137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3946
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment of family members** The Secretary, under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees.
**(b) Family nexus as affirmative hiring factor** The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person.
**(c) Compensation of family and non-family member employees**
(1) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim).
(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim), if the Secretary determines that the national interest would be served by such payments.
**(d) Non-family member employees in
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3951
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Method of promotion** Career members of the Senior Foreign Service are promoted by appointment under [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim) to a higher salary class in the Senior Foreign Service. Members of the Senior Foreign Service serving under career candidate appointments or noncareer appointments are promoted by appointment under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim) to a higher salary class in the Senior Foreign Service. Foreign Service officers, and Foreign Service personnel who are assigned to a class in the Foreign Service Schedule, are promoted by appointment under [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim) as career members of the Senior Foreign Service or by assignment under [section 3964 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3964&num=0&edition=prelim) to a higher salary class in the Foreign Service Schedule.
**(b) Recommendations and rankings of selection boards** Except as provided in [section 4006(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4006/a&num=0&edition=prelim), promotions of—
(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 [section 4002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim);
(2) promote a member of the Service under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim);
(3) grant performance pay to a member of the Senior Foreign Service under [section 3965(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965/c&num=0&edition=prelim); or
(4) grant a within-class salary increase under [section 3966 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3966&num=0&edition=prelim) to a member of the Service who is assigned to a salary class in the Foreign Service Schedule.
**(b)** In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of [section 4005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim), the Secretary may, in special circumstances set forth by regulation, make retroactive promotions, grant performance pay, make retroactive within-class salary increases, and recommend retroactive promotions by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4006
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions.
**(b) Security training described** Security training referred to in subsection (a) may include—
(1) development of skills to better evaluate threats;
(2) effective use of security resources to mitigate such threats; and
(3) improved familiarity of available security resources.
**(c) Officials described** Officials referred to in subsection (a) are the following:
(1) Members of the Senior Foreign Service appointed under section 3942(a)(1) or 3943 of this title or members of the Senior Executive Service (as such term is described in [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim)).
(2) Foreign Service officers appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim) holding a position in classes FS–1 or FS–2.
(3) Foreign Service Specialists appointed by the Secretary under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim) holding a position in classes FS–1 or FS–2.
(4) Individuals holding a position in grades GS–14 or GS–15.
(5) Personal services contractors and other contractors serving in positions or capacities similar to the officials described in paragraphs (1) through (4).
**(d) Effective date** The requirements of this section shall take effect beginning on the date that is 1 year after December 16, 2016.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4867
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