22 U.S.C. § 2664a — Protection of Civil Service employees

Page 1105 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2664a § 2661b. Services provided to the press In fiscal year 2001 and thereafter reimburse- ments for services provided to the press in con- nection with the travel of senior-level officials may be collected and credited to this appropria- tion and shall remain available until expended. (Pub. L. 106–553, § 1(a)(2) [title IV], Dec. 21, 2000, 114 Stat. 2762, 2762A–90.) Editorial Notes REFERENCES IN TEXT This appropriation, referred to in text, probably means appropriations under the headings ‘‘DEPART- MENT OF STATE’’, ‘‘ADMINISTRATION OF FOREIGN AF- FAIRS’’, and ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ of the annual Department of State and Related Agency Appropriations Act. Statutory Notes and Related Subsidiaries REFERENCES TO DIPLOMATIC AND CONSULAR PROGRAMS ACCOUNT References to the Diplomatic and Consular Programs account to be construed to include the Diplomatic Pro- grams account in fiscal year 2020 and each fiscal year thereafter, see par. (7) of title I of div. G of Pub. L. 116–94, set out as a note under section 2651 of this title. § 2662. Transferred Editorial Notes CODIFICATION Section 2662, act Aug. 1, 1956, ch. 841, title I, § 1 [part], 70 Stat. 890; as renumbered title I and amended Aug. 24, 1982, Pub. L. 97–241, title II, § 202(a), 96 Stat. 282, which related to establishment, maintenance, and operation of passport and despatch agencies, was amended gen- erally by Pub. L. 103–236 and transferred to section 2651a of this title. Section was formerly classified to section 170f of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Similar provisions were contained in the following prior Department of State Appropriation Acts: June 20, 1956, ch. 414, title I, 70 Stat. 299. July 7, 1955, ch. 279, title I, 69 Stat. 264. July 2, 1954, ch. 456, title I, 68 Stat. 413. Aug. 5, 1953, ch. 328, title I, 67 Stat. 367. July 10, 1952, ch. 651, title I, 66 Stat. 549. Oct. 22, 1951, ch. 533, title I, 65 Stat. 576. Sept. 6, 1950, ch. 896, title I, 64 Stat. 609. July 20, 1949, ch. 354, title I, 63 Stat. 448. June 3, 1948, ch. 400, title I, 62 Stat. 306. July 9, 1947, ch. 211, title I, 61 Stat. 279. See, also, the Codification note set out under section 2663 of this title. § 2663. Omitted Editorial Notes CODIFICATION Section, act July 5, 1946, ch. 541, title I, 60 Stat. 450, 451, the Department of State Appropriation Act, 1947, related to compensation of personnel and rent and ex- penses of despatch agencies established by Secretary of State. See section 2662 of this title. Section was formerly classified to section 153a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Similar provisions were contained in the following prior Department of State Appropriation Acts: May 21, 1945, ch. 129, title I, 59 Stat. 173. June 28, 1944, ch. 294, title I, 58 Stat. 399. July 1, 1943, ch. 182, title I, 57 Stat. 275. July 2, 1942, ch. 472, title I, 56 Stat. 473. June 28, 1941, ch. 258, title I, 55 Stat. 268. May 14, 1940, ch. 189, title I, 54 Stat. 185. § 2664. Distribution of duties of officers, clerks, and employees The Secretary of State may prescribe duties for the Assistant Secretaries and the clerks of bureaus, as well as for all the other employees in the department, and may make changes and transfers therein when, in his judgment, it be- comes necessary. (June 20, 1874, ch. 328, 18 Stat. 90; May 24, 1924, ch. 182, § 30, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214.) Editorial Notes CODIFICATION Section was formerly classified to section 154 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Provisions of this section which related to the Solic- itor of the Department were omitted in view of act May 24, 1924, which abolished the office. § 2664a. Protection of Civil Service employees (a) Findings The Congress finds that— (1) the effectiveness and efficiency of the De- partment of State is dependent not only on the contribution of Foreign Service employees but equally on the contribution of the 42 per- cent of the Department’s employees who are employed under the Civil Service personnel system; (2) the contribution of these Civil Service employees has been overlooked in the manage- ment of the Department and greater equality of promotion, training, and career enhance- ment opportunities should be accorded to the Civil Service employees of the Department; and (3) a goal of the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.] was to strengthen the contribution made by Civil Service employees of the Department of State by creating a cadre of experienced specialists and managers in the Department to provide essential continuity. (b) Equitable reduction of budget The Secretary of State shall take all appro- priate steps to assure that the burden of cuts in the budget for the Department is not imposed disproportionately or inequitably upon its Civil Service employees. (c) Establishment of Office of the Ombudsman for Civil Service Employees There is established in the Office of the Sec- retary of State the position of Ombudsman for Civil Service Employees. The position of Om- budsman for Civil Service Employees shall be a career reserved position within the Senior Exec- utive Service. The Ombudsman for Civil Service Employees shall report directly to the Secretary of State and shall have the right to participate in all Management Council meetings to assure Page 1106 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2665 that the ability of the Civil Service employees to contribute to the achievement of the Depart- ment’s mandated responsibilities and the career interests of those employees are adequately rep- resented. The position of Ombudsman for Civil Service Employees shall be designated from one of the Senior Executive Service positions (as de- fined in section 3132(a)(2) of title 5) in existence on December 22, 1987. (d) ‘‘Civil Service employees’’ defined For purposes of this section, the term ‘‘Civil Service employees’’ means employees of the Federal Government except for members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 [22 U.S.C. 3903]). (Pub. L. 100–204, title I, § 172, Dec. 22, 1987, 101 Stat. 1359.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (a)(3), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 2665. Personal services other than those pro- vided for There shall not be employed in the Depart- ment of State or in connection with said Depart- ment in the District of Columbia any personal services other than those which shall be specifi- cally authorized or appropriated for. (June 22, 1906, ch. 3514, 34 Stat. 402.) Editorial Notes CODIFICATION Section was formerly classified to section 155 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries PERSONAL SERVICES CONTRACTORS Pub. L. 118–31, div. F, title LXIV, § 6401, Dec. 22, 2023, 137 Stat. 994, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Department [of State] should seek to ensure it has sufficient full-time equivalent positions allotted to carry out its current mission, working with the Office of Personnel Management and appropriate congres- sional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] to that end, and that the use of personal services contractors should not be relied upon to perform core Department functions indefi- nitely. ‘‘(b) EXIGENT CIRCUMSTANCES AND CRISIS RESPONSE.— To assist the Department in addressing and responding to exigent circumstances and urgent crises abroad, the Department is authorized to employ, domestically and abroad, a limited number of personal services contrac- tors in order to meet exigent needs, subject to the re- quirements of this section. ‘‘(c) AUTHORITY.—The authority to employ personal services contractors is in addition to any existing au- thorities to enter into personal services contracts and authority provided in the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43 [135 Stat. 372]). ‘‘(d) EMPLOYING AND ALLOCATION OF PERSONNEL.—To meet the needs described in subsection (b) and subject to the requirements in subsection (e), the Department may— ‘‘(1) enter into contracts to employ a total of up to 100 personal services contractors at any given time for each of fiscal years 2024, 2025, and 2026; and ‘‘(2) allocate up to 20 personal services contractors to a given bureau. ‘‘(e) LIMITATION.—Employment authorized by this section shall not exceed two calendar years. ‘‘(f) NOTIFICATION AND REPORTING TO CONGRESS.— ‘‘(1) NOTIFICATION.—Not later than 15 days after the use of authority under this section, the Secretary [of State] shall notify the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of the number of personal services contractors being employed, the expected length of employment, the relevant bureau, the pur- pose for using personal services contractors, an indi- cation of how many personal services contractors were previously employees of the Department, and the justification, including the exigent circumstances requiring such use. ‘‘(2) ANNUAL REPORTING.—Not later than December 1, 2024, and annually thereafter for two years, the De- partment shall submit to the appropriate congres- sional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the number of personal services contractors em- ployed pursuant to this section for the prior fiscal year, the length of employment, the relevant bureau by which they were employed pursuant to this sec- tion, the purpose for using personal services contrac- tors, disaggregated demographic data of such con- tractors, an indication of how many personal services contractors were previously employees of the Depart- ment, and the justification for the employment, in- cluding the exigent circumstances.’’ § 2665a. Foreign Service fellowships The Secretary of State is authorized to estab- lish a Foreign Service fellowship program at the Department of State. The Foreign Service fel- lowship program shall provide a fellowship, for not less than 4 months, for academics in the area of international affairs who are members of the faculty of institutions of higher education. Such program shall give priority consideration in the award of fellowships to individuals teach- ing in programs in international affairs which serve significant numbers of students who are from cultural and ethnic groups which are underrepresented in the Foreign Service. (Pub. L. 101–246, title I, § 153(h), Feb. 16, 1990, 104 Stat. 44.) §§ 2666, 2667. Repealed. Pub. L. 99–93, title I, § 125(c), Aug. 16, 1985, 99 Stat. 417 Section 2666, acts June 28, 1955, ch. 199, § 1, 69 Stat. 188; Nov. 29, 1975, Pub. L. 94–141, title IV, § 406, 89 Stat.