22 U.S.C. § 3944 — Chiefs of Mission

Page 1439 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3944 Department [of State] officials with appropriate ex- pertise, including employees of the Foreign Service, in order to evaluate such pilot program’s success; ‘‘(7) does not include the use of Foreign Service- Limited or other noncareer Foreign Service hiring authorities; and ‘‘(8) includes not fewer than 30 participants for each year of the pilot program. ‘‘(c) ANNUAL REPORTING.—Not later than 1 year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program de- scribed in subsection (b), the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] a re- port that describes the following: ‘‘(1) The cumulative number of accepted and unaccepted applicants to such pilot program. ‘‘(2) The cumulative number of pilot program par- ticipants placed into each Foreign Service cone. ‘‘(3) The grade level at which each pilot program participant entered the Foreign Service. ‘‘(4) Information about the first assignment to which each pilot program participant was directed. ‘‘(5) The structure and operation of such pilot pro- gram, including— ‘‘(A) the operation of such pilot program to date; and ‘‘(B) any observations and lessons learned about such pilot program that the Secretary considers relevant. ‘‘(d) LONGITUDINAL DATA.—The Secretary shall— ‘‘(1) collect and maintain data on the career pro- gression of each pilot program participant for the length of each participant’s Foreign Service career; and ‘‘(2) make the data described in paragraph (1) avail- able to the appropriate congressional committees upon request. ‘‘(e) CERTIFICATION.—If the Secretary does not com- mence the lateral entry program within 180 days after the date of the enactment of this subsection [Dec. 22, 2023], the Secretary shall submit a report to the appro- priate congressional committees— ‘‘(1) certifying that progress is being made on im- plementation of the pilot program and describing such progress, including the date on which applicants will be able to apply; ‘‘(2) estimating the date by which the pilot program will be fully implemented; [and] ‘‘(3) outlining how the Department will use the Lat- eral Entry Program to fill needed skill sets in key areas such as cyberspace, emerging technologies, eco- nomic statecraft, multilateral diplomacy, and data and other sciences.’’ PROHIBITION ON CERTAIN EMPLOYMENT AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS IN COM- MUNIST COUNTRIES Pub. L. 100–204, title I, § 157, Dec. 22, 1987, 101 Stat. 1354, provided that: ‘‘(a) PROHIBITION.—After September 30, 1990, no na- tional of a Communist country may be employed as a foreign national employee in any area of a United States diplomatic or consular facility in any Com- munist country where classified materials are main- tained. ‘‘(b) DEFINITION.—As used in this section, the term ‘Communist country’ means a country listed in section 620(f) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)]. ‘‘(c) ADDITIONAL FUNDS FOR HIRING UNITED STATES CITIZENS.—The Congress expresses its willingness to provide additional funds to the Department of State for the expenses of employing United States nationals to replace the individuals dismissed by reason of sub- section (a). ‘‘(d) REPORT AND REQUEST FOR FUNDS.—As a part of the Department of State’s authorization request for fis- cal years 1990 and 1991, the Secretary of State, in con- sultation with the heads of all relevant agencies, shall submit— ‘‘(1) a report, which shall include— ‘‘(A) a feasibility study of the implementation of this section; and ‘‘(B) an analysis of the impact of the implementa- tion of this section on the budget of the Depart- ment of State; and ‘‘(2) a request for funds necessary for the implemen- tation of this section pursuant to the findings and conclusions specified in the report under paragraph (1). ‘‘(e) WAIVER.—The President may waive this sec- tion— ‘‘(1) if funds are not specifically authorized and ap- propriated to carry out this section; or ‘‘(2) the President determines that it is in the na- tional security interest of the United States to con- tinue to employ foreign service nationals. The President shall notify the appropriate committees of Congress each time he makes the waiver conferred on him by this section.’’ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS IN THE SOVIET UNION Pub. L. 99–93, title I, § 136, Aug. 16, 1985, 99 Stat. 421, provided that: ‘‘(a) LIMITATION.—To the maximum extent prac- ticable, citizens of the Soviet Union shall not be em- ployed as foreign national employees at United States diplomatic or consular missions in the Soviet Union after September 30, 1986. ‘‘(b) REPORT.—Should the President determine that the implementation of subsection (a) poses undue prac- tical or administrative difficulties, he is requested to submit a report to the Congress describing the number and type of Soviet foreign national employees he wish- es to retain at or in proximity to United States diplo- matic and consular posts in the Soviet Union, the an- ticipated duration of their continued employment, the reasons for their continued employment, and the risks associated with the retention of these employees.’’ Executive Documents EMPLOYMENT OF SOVIET NATIONALS AT U.S. DIPLOMATIC AND CONSULAR MISSIONS IN SOVIET UNION Determination of President of the United States, No. 92–4, Oct. 24, 1991, 56 F.R. 56567, provided: Memorandum for the Secretary of State By the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and section 136 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93) (‘‘the Act’’) [set out as a note above], I hereby determine that implementation of section 136(a) of the Act poses undue practical and administrative difficulties. Consistent with this deter- mination, you are authorized to employ Soviet nation- als in nonsensitive areas of the New Embassy Com- pound in Moscow under strict monitoring by cleared Americans. Further, I delegate to you the responsi- bility vested in me by section 136(b) of the Act to re- port to the Congress on circumstances relevant to this determination. Such responsibility may be redelegated within the Department of State. You are authorized and directed to report this deter- mination to the Congress and to publish it in the Fed- eral Register. GEORGE BUSH. § 3944. Chiefs of Mission (a) Qualifications; preference for career mem- bers; political contributions as factor in ap- pointment; demonstrated competency report (1) An individual appointed or assigned to be a chief of mission should possess clearly dem- Page 1440 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3945 onstrated competence to perform the duties of a chief of mission, including, to the maximum ex- tent practicable, a useful knowledge of the prin- cipal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the in- terests of that country and its people. (2) Given the qualifications specified in para- graph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant ap- pointments from time to time of qualified indi- viduals who are not career members of the Serv- ice. (3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission. (4) The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated com- petence of that nominee to perform the duties of the position in which he or she is to serve. (b) Furnishing of information by Secretary; polit- ical campaign contributions report (1) In order to assist the President in selecting qualified candidates for appointment or assign- ment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members. (2) The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mis- sion, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International De- velopment who are qualified to serve as chiefs of mission, together with pertinent information about such individuals. (3) Each individual nominated by the Presi- dent to be a chief of mission, ambassador at large, or minister shall, at the time of nomina- tion, file with the Committee on Foreign Rela- tions of the Senate and the Speaker of the House of Representatives a report of contribu- tions made by such individual and by members of his or her immediate family during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomina- tion and ending on the date of the nomination. The report shall be verified by the oath of the nominee, taken before any individual authorized to administer oaths. The chairman of the Com- mittee on Foreign Relations of the Senate shall have each such report printed in the Congres- sional Record. As used in this paragraph, the term ‘‘contribution’’ has the same meaning given such term by section 30101(8) of title 52, and the term ‘‘immediate family’’ means the spouse of the nominee, and any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them. (Pub. L. 96–465, title I, § 304, Oct. 17, 1980, 94 Stat. 2085; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 208(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–422; Pub. L. 118–31, div. F, title LXII, § 6207, Dec. 22, 2023, 137 Stat. 974.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(2), (3). Pub. L. 118–31 added par. (2) and redesignated former par. (2) as (3). 1999—Subsec. (c). Pub. L. 106–113 struck out subsec. (c) which read as follows: ‘‘Within 6 months after as- suming the position, the chief of mission to a foreign country shall submit, to the Committee on Foreign Re- lations of the Senate and the Committee on Foreign Af- fairs of the House of Representatives, a report describ- ing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.’’ Statutory Notes and Related Subsidiaries PUBLIC AVAILABILITY OF REPORTS ON NOMINEES TO BE CHIEFS OF MISSION Pub. L. 114–323, title VII, § 712, Dec. 16, 2016, 130 Stat. 1945, provided that: ‘‘Not later than 7 days after sub- mitting the report required under section 304(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign Relations of the Senate, the President shall make the report available to the public, including by posting the report on the website of the Department [of State] in a conspicuous manner and lo- cation.’’ § 3945. Senior Foreign Service (a) Salary class Appointment to the Senior Foreign Service shall be to a salary class established under sec- tion 3962 of this title, and not to a position. (b) Limited appointment An individual may not be given a limited ap- pointment in the Senior Foreign Service if that appointment would cause the number of mem- bers of the Senior Foreign Service serving under limited appointments to exceed 5 percent of the total number of members of the Senior Foreign Service, except that (1) members of the Senior Foreign Service assigned to the Peace Corps shall be excluded in the calculation and applica- tion of this limitation, and (2) members of the Senior Foreign Service serving under limited appointments with reemployment rights under section 3950 of this title as career appointees in the Senior Executive Service shall be considered to be career members of the Senior Foreign Service for purposes of this subsection. (c) Appointments by Secretary of Commerce (1) Appointments to the Senior Foreign Serv- ice by the Secretary of Commerce shall be ex- cluded in the calculation and application of the limitation in subsection (b). (2) Except as provided in paragraph (3), no more than one individual (other than an indi- vidual with reemployment rights under section 3950 of this title as a career appointee in the Senior Executive Service) may serve under a limited appointment in the Senior Foreign Serv- ice in the Department of Commerce at any time. (3) The Secretary of Commerce may appoint an individual to a limited appointment in the Senior Foreign Service for a specific position abroad if— (A) no career member of the Service who has the necessary qualifications is available to serve in the position; and