22 U.S.C. § 3942 — Appointments by the President

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 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 ap- pointments), an individual may not be des- ignated as ambassador or minister, or be des- ignated 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 ac- ceptance of such assignment, lose his or her sta- tus as a member of the Service. A member of the Senior Foreign Service who accepts such an as- signment may elect to continue to receive the salary of his or her salary class, to remain eligi- ble 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. (Pub. L. 96–465, title I, § 302, Oct. 17, 1980, 94 Stat. 2084; Pub. L. 100–204, title I, § 177(b), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 102–138, title I, §§ 141, 142(a), Oct. 28, 1991, 105 Stat. 667.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–138, § 141, inserted ‘‘as an ambassador,’’ after ‘‘ambassador at large,’’. Subsec. (b). Pub. L. 102–138, § 142(a), substituted ‘‘may elect to continue to receive the salary of his or her sal- ary 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 po- sition to which the member is appointed by the Presi- dent’’ for ‘‘shall receive the salary and leave (if any) of the position to which the member is appointed by the President and shall not be eligible for performance pay under subchapter IV of this chapter’’. 1987—Subsec. (b). Pub. L. 100–204 substituted ‘‘shall receive the salary and leave (if any) of the position to which the member is appointed by the President and shall not be eligible for performance pay under sub- chapter IV of this chapter.’’ for ‘‘may elect to continue to receive the salary of his or her salary class, to re- main eligible for performance pay under subchapter IV of this chapter, and to receive the leave to which such member is entitled under subchapter I of chapter 63 of title 5 as a member of the Senior Foreign Service, in lieu of receiving the salary and leave (if any) of the po- sition to which the member is appointed by the Presi- dent.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–204, title I, § 177(c), Dec. 22, 1987, 101 Stat. 1362, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 3961 of this title] shall not apply to the salary of any individual serving under a Presidential appointment under section 302 of the Foreign Service Act of 1980 [this section] immediately before the date of the enact- ment of this Act [Dec. 22, 1987] during the period such individual continues to serve in such position.’’ 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 section 3901 of this title. EXECUTIVE ORDER NO. 10062 Ex. Ord. No. 10062, June 6, 1949, 14 F.R. 2695, as amend- ed by act Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591; Ex. Ord. No. 10144, July 21, 1950, 15 F.R. 4705, eff. June 6, 1949, which established the position of United States High Commissioner for Germany, was revoked by Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, set out below. EX. ORD. NO. 10608. UNITED STATES AUTHORITY AND FUNCTIONS IN GERMANY Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, as amend- ed by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, pro- vided: Page 1438 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3943 By virtue of the authority vested in me by the Con- stitution and the statutes, including the Foreign Serv- ice Act of 1980 (94 Stat. 2071), as amended [this chapter], and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows: 1. Executive Order No. 10062 of June 6, 1949, and Exec- utive 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 re- ferred to as the Chief of Mission, shall have supreme authority, except as otherwise provided herein, with re- spect 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 ul- timate 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 com- mand, security, and stationing of United States forces in Germany, the assertion and exercise of their rights and discharge of their obligations therein, and emer- gency 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 rep- resentative of the Commander, pursuant to the author- ity 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 agree- ment 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 consulta- tion. 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 assist- ance 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 here- after to be confined in Germany as a result of convic- tion by military tribunals (A) the Chief of Mission shall share the four-power responsibility in the case of per- sons convicted by the International Military Tribunal, (B) the Chief of Mission shall exercise responsibility in the case of persons convicted by military tribunals es- tablished by the United States Military Governor pur- suant to Control Council Law No. 10, and (C) the Com- mander shall exercise responsibility in the case of per- sons 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 car- rying into execution any sentences adjudged against such persons in category (B) as to whom the Chief of Mission has responsibility and control. Transfer of cus- tody 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 De- partment 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 Con- ventions, as amended, come into force. EXECUTIVE ORDER NO. 11970 Ex. Ord. No. 11970, Feb. 5, 1977, 42 F.R. 7919, estab- lishing the Presidential Advisory Board on Ambassa- dorial Appointments, was revoked by Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751. Term of the Presidential Advisory Board on Ambas- sadorial 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 section 3942(a) of this title) in ac- cordance with this chapter and such regulations as the Secretary may prescribe. (Pub. L. 96–465, title I, § 303, Oct. 17, 1980, 94 Stat. 2085.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter (§ 3901 et seq.). 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 LATERAL ENTRY INTO THE FOREIGN SERVICE Pub. L. 114–323, title IV, § 404, Dec. 16, 2016, 130 Stat. 1928, as amended by Pub. L. 118–31, div. F, title LXII, § 6204(a), Dec. 22, 2023, 137 Stat. 972, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Foreign Service [of the United States] should permit mid-career entry into the Foreign Service for qualified individuals who are willing to bring their out- standing talents and experiences to the work of the Foreign Service. ‘‘(b) PILOT PROGRAM.—Not later than 180 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary [of State] shall establish a 5-year pilot pro- gram for lateral entry into the Foreign Service that— ‘‘(1) targets mid-career individuals from the civil service and private sector who have skills and experi- ence that would be extremely valuable to the Foreign Service; ‘‘(2) is in full comportment with current Foreign Service intake procedures, including the requirement to pass the Foreign Service exam; ‘‘(3) offers participants in such pilot program place- ment in the Foreign Service at a grade level higher than FS–4 if such placement is warranted by the edu- cation and qualifying experience of such individuals; ‘‘(4) requires only one directed assignment in a po- sition appropriate to such pilot program participant’s grade level; ‘‘(5) includes, as part of the required initial train- ing, a class or module that specifically prepares par- ticipants in such pilot program for life in the Foreign Service, including conveying to such participants es- sential elements of the practical knowledge that is normally acquired during a Foreign Service officer’s initial assignments[;] ‘‘(6) includes an annual assessment of the progress of such pilot program by a review board consisting of