22 U.S.C. § 3903 — Members of Service

Page 1424 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3903 of the Armed Forces of the United States, the commissioned corps of the Public Health Serv- ice, or the commissioned corps of the National Oceanic and Atmospheric Administration; (6) ‘‘function’’ includes any duty, obligation, power, authority, responsibility, right, privi- lege, discretion, or activity; (7) ‘‘Government’’ means the Government of the United States; (8) ‘‘merit principles’’ means the principles set out in section 2301(b) of title 5; (9) ‘‘principal officer’’ means the officer in charge of a diplomatic mission, consular mis- sion (other than a consular agency), or other Foreign Service post; (10) ‘‘Secretary’’ means the Secretary of State, except that (subject to section 3921 of this title) with reference to the exercise of functions under this Act with respect to any agency authorized by law to utilize the For- eign Service personnel system, such term means the head of that agency; (11) ‘‘Service’’ or ‘‘Foreign Service’’ means the Foreign Service of the United States; and (12) ‘‘United States’’, when used in a geo- graphic sense, means the several States and the District of Columbia. (Pub. L. 96–465, title I, § 102, Oct. 17, 1980, 94 Stat. 2075; Pub. L. 98–164, title I, § 130(a), Nov. 22, 1983, 97 Stat. 1027.) Editorial Notes REFERENCES IN TEXT Section 552(e) of title 5, referred to in par. (2), was re- designated section 552(f) of title 5 by section 1802(b) of Pub. L. 99–570. AMENDMENTS 1983—Pub. L. 98–164 struck out ‘‘(a)’’ before ‘‘As used in this chapter’’, and struck out subsec. (b) which pro- vided that references to Foreign Service officers in any provision be deemed to refer to, with respect to the United States Information Agency, Foreign Service In- formation officers. § 3903. Members of Service The following are the members of the Service: (1) Chiefs of mission, appointed under sec- tion 3942(a)(1) of this title or assigned under section 3982(c) of this title. (2) Ambassadors at large, appointed under section 3942(a)(1) of this title. (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 ex- perts 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, who have gen- eral responsibility for carrying out the func- tions of the Service. (5) Foreign Service personnel, United States citizens appointed under section 3943 of this title, who provide skills and services required for effective performance by the Service. (6) Foreign national employees, foreign na- tionals appointed under section 3943 of this title, who provide clerical, administrative, technical, fiscal, and other support at Foreign Service posts abroad. (7) Consular agents, appointed under section 3943 of this title by the Secretary of State, who provide consular and related services as authorized by the Secretary of State at speci- fied locations abroad where no Foreign Service posts are situated. (Pub. L. 96–465, title I, § 103, Oct. 17, 1980, 94 Stat. 2076.) § 3904. Functions of Service Members of the Service shall, under the direc- tion of the Secretary— (1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) func- tions under the Vienna Convention on Diplo- matic Relations, the Vienna Convention on Consular Relations, other international agree- ments to which the United States is a party, the laws of the United States, and orders, reg- ulations, and directives issued pursuant to law; (2) provide guidance for the formulation and conduct of programs and activities of the De- partment and other agencies which relate to the foreign relations of the United States; and (3) perform functions on behalf of any agen- cy or other Government establishment (in- cluding any establishment in the legislative or judicial branch) requiring their services. (Pub. L. 96–465, title I, § 104, Oct. 17, 1980, 94 Stat. 2076.) § 3905. Personnel actions (a) Merit principles; ‘‘personnel action’’ defined (1) All personnel actions with respect to career members and career candidates in the Service (including applicants for career candidate ap- pointments) shall be made in accordance with merit principles. (2) For purposes of paragraph (1), the term ‘‘personnel action’’ means— (A) any appointment, promotion, assign- ment (including assignment to any position or salary class), award of performance pay or spe- cial differential, within-class salary increase, separation, or performance evaluation, and (B) any decision, recommendation, examina- tion, or ranking provided for under this chap- ter which relates to any action referred to in subparagraph (A). (b) Rules and regulations; discrimination; repris- als for disclosure of information; submission of reports, evaluations, or recommendations; freedom from prohibited personnel practices The Secretary shall administer the provisions of this chapter and shall prescribe such regula- tions as may be necessary to ensure that mem- bers of the Service, as well as applicants for ap- pointments in the Service— (1) are free from discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under section 2302(b)(1) of title 5;