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22 U.S.C. § 3942 — Appointments by the President
Federal law — U.S. Code and appendices · legal_authorities
**(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 addition
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Source file: Laws/federal/codes/united-states-code/title-22/section-3942-appointments-by-the-president--1b1a021190.md
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Source location: Title 22, Chapter 52, § 3942; chapter-052-foreign-service.md
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**(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 chapter 63, title 5, as a member of the Senior Foreign Service, in lieu of receiving the salary and leave (if any) of the position to which the member is appointed by the President.
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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
**(a)** Except as provided in [section 3942(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim), each chief of mission shall receive a salary, as determined by the President, at one of the annual rates payable for levels II through V of the Executive Schedule under sections 5313 through 5316 of title 5, except that the total compensation, exclusive of danger pay, for any chief of mission shall be subject to the limitation on certain payments under [section 5307 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5307&num=0&edition=prelim) or the limitation under [section 3962(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962/a/3&num=0&edition=prelim), whichever is higher.
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3961
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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
### Statutory Notes
Section 900, act Aug. 13, 1946, ch. 957, title V, § 500, as added Sept. 8, 1960, Pub. L. 86–723, § 7, 74 Stat. 832, set forth Congressional declaration of policy on qualifications for assignment of chiefs of missions and Foreign Service officers.
Section 901, acts Aug. 13, 1946, ch. 957, title V, § 501, 60 Stat. 1007; Aug. 5, 1955, ch. 576, § 5, 69 Stat. 537; July 13, 1972, Pub. L. 92–352, title I, § 107, 86 Stat. 492; Aug. 17, 1977, Pub. L. 95–105, title IV, § 403, 91 Stat. 853, related to appointment and assignment of ambassadors, ministers, etc., by President.
#### Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under [section 3901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim).
#### Executive Order No. 10608
Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, was transferred to a note set out under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 900, 901
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Federal law — U.S. Code and appendices · legal_authorities
Page 1437
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3942
issues, and no later than 18 months after Feb. 16, 1990,
submit a report to Congress containing the findings of
the review and evaluation, together with the comments
of the Secretary and measures which the Secretary has
initiated to respond to any adverse findings of such re-
view.
§ 3942. Appointments by the President
(a)(1) The President may, by and with the ad-
vice and consent of the Senate, appoint an indi-
vidual as a chief of mission, as an ambassador at
large, as an ambassador, as a minister, as a ca-
reer member of the Senior Foreign Service, or as
a Foreign Service officer.
(2)(A) The President may, by and with the ad-
vice and consent of the Senate, confer the per-
sonal rank of career ambassador upon a career
member of the Senior Foreign Service in rec-
ognition 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 con-
nection 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 trans-
mits 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 pro-
posed recipient of such personal rank may
have with regard to the special mission.
Such
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3942
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