§ 3901. — Congressional findings and objectives.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3901]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 3901. Congressional findings and objectives
(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 and retention of the ablest, and separation
of those who do not meet the requisite standards of performance;
(2) fostering the development and vigorous implementation of
policies and procedures, including affirmative action programs,
which will facilitate and encourage (A) entry into and advancement
in the Foreign Service by persons from all segments of American
society, and (B) equal opportunity and fair and equitable treatment
for all without regard to political affiliation, race, color,
religion, national origin, sex, marital status, age, or handicapping
condition;
(3) providing for more efficient, economical, and equitable
personnel administration through a simplified structure of Foreign
Service personnel categories and salaries;
(4) establishing a statutory basis for participation by the
members of the Foreign Service, through their elected
representatives, in the formulation of personnel policies and
procedures which affect their conditions of employment, and
maintaining a fair and effective system for the resolution of
individual grievances that will ensure the fullest measure of due
process for the members of the Foreign Service;
(5) minimizing the impact of the hardships, disruptions, and
other unusual conditions of service abroad upon the members of the
Foreign Service, and mitigating the special impact of such
conditions upon their families;
(6) providing salaries, allowances, and benefits that will
permit the Foreign Service to attract and retain qualified personnel
as well as a system of incentive payments and awards to encourage
and reward outstanding performance;
(7) establishing a Senior Foreign Service which is characterized
by strong policy formulation capabilities, outstanding executive
leadership qualities, and highly developed functional, foreign
language, and area expertise;
(8) improving Foreign Service managerial flexibility and
effectiveness;
(9) increasing efficiency and economy by promoting maximum
compatibility among the agencies authorized by law to utilize the
Foreign Service personnel system, as well as compatibility between
the Foreign Service personnel system and other personnel systems of
the Government; and
(10) otherwise enabling the Foreign Service to serve effectively
the interests of the United States and to provide the highest
caliber of representation in the conduct of foreign affairs.
(Pub. L. 96-465, title I, Sec. 101, Oct. 17, 1980, 94 Stat. 2074.)
References in Text
Act of May 24, 1924 (commonly known as the Rogers Act), referred to
in subsec. (a)(3), is act May 24, 1924, ch. 182, 43 Stat. 140, as
amended, which was classified generally to section 1 et seq. of this
title and was repealed in large part by section 1131 of title XI of act
Aug. 13, 1946, ch. 957, 60 Stat. 1037, known as the Foreign Service Act
of 1946, which generally revised the laws relating to the administration
of the Foreign Service (see below). For complete classification of Act
May 24, 1924 to the Code, see Tables.
The Foreign Service Act of 1946, referred to in subsec. (a)(3), is
act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as amended,
which was classified principally to chapter 14 (Sec. 801 et seq.) of
this title, and was repealed by Pub. L. 96-465, title II, Sec. 2205(1),
Oct. 17, 1980, 94 Stat. 2159, the Foreign Service Act of 1980, as part
of the general revision of the laws relating to the administration of
the Foreign Service. For complete classification of the 1946 Act to the
Code prior to its repeal, see Tables.
This chapter, referred to in subsec. (b), was in the original ``this
Act'', meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
known as the Foreign Service Act of 1980, which is classified
principally to this chapter (Sec. 3901 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
below and Tables.
Effective Date
Section 2403 of Pub. L. 96-465, as amended by Pub. L. 99-93, title
I, Sec. 119(b), Aug. 16, 1985, 99 Stat. 412, provided that:
``(a) Except as otherwise provided, this Act [see Short Title note
set out below] shall take effect on February 15, 1981.
``(b) Personnel actions may be taken on and after the effective date
of this Act on the basis of any then current Foreign Service evaluation
cycle as if this Act [see Short Title note set out below] had been in
effect at the beginning of that cycle.
``[(c) Repealed. Pub. L. 99-93, title I, Sec. 119(b), Aug. 16, 1985,
99 Stat. 412, eff. Oct. 1, 1985]
``(d)(1) Section 812 of this Act [section 4052 of this title], and
the repeal of sections 631 and 632 of the Foreign Service Act of 1946
[sections 1001 and 1002 of this title] and section 625(k) of the Foreign
Assistance Act of 1961 [section 2385(k) of this title], shall be
effective as of the date of enactment of this Act [Oct. 17, 1980].
``(2) For purposes of implementing section 2101 [section 4151 of
this title], sections 402(a) and 403 [sections 3962(a) and 3963 of this
title] shall be effective as of the date of enactment of this Act [Oct.
17, 1980].
``(e)(1) The provisions of chapter 8 of title I [subchapter VIII of
this chapter] regarding the rights of former spouses to any annuity
under section 814(a) [section 4054(a) of this title] shall apply in the
case of any individual who after the effective date of this Act becomes
a former spouse of an individual who separates from the Service after
such date.
``(2) Except to the extent provided in section 2109 [section 4159 of
this title], the provisions of such chapter [subchapter VIII of this
chapter] regarding the rights of former spouses to receive survivor
annuities under chapter 8 [subchapter VIII of this chapter] shall apply
in the case of any individual who after the effective date of this Act
becomes a former spouse of a participant or former participant in the
Foreign Service Retirement and Disability System.''
Short Title of 1998 Amendment
Pub. L. 105-382, Sec. 1, Nov. 13, 1998, 112 Stat. 3406, provided
that: ``This Act [amending sections 4044 to 4046, 4052, 4071a, and 4071d
of this title and enacting provisions set out as a note under section
4044 of this title] may be cited as the `Department of State Special
Agents Retirement Act of 1998'.''
Short Title of 1986 Amendment
Pub. L. 99-335, title IV, Sec. 401(a), June 6, 1986, 100 Stat. 609,
provided that: ``This title [enacting sections 4068 and 4071 to 4071k of
this title, amending sections 4041 to 4049, 4054 to 4056, 4058, 4060,
4061, 4063, 4064, 4066, and 4067 of this title, and enacting provisions
set out as a note under section 4046 of this title] may be cited as the
`Foreign Service Pension System Act of 1986'.''
Short Title
Section 1 of Pub. L. 96-465 provided that: ``This Act [enacting this
chapter, sections 2697 to 2704 of this title, and sections 3597, 5927,
and 5928 of Title 5, Government Organization and Employees, amending
sections 285a, 287, 287e, 287n, 290a, 290g-l, 1928, 2021, 2024, 2056,
2385, 2389, 2391, 2454, 2504, 2506, 2512 to 2514, 2582, 2588, 2605,
2684, 3503 and 4223 of this title, sections 3323, 5102, 5301, 5303,
5304, 5313, 5522, 5523, 5541, 5595, 5596, 5724, 5727, 5924, 5925, 6301,
6304, 6305, 7103, 8332, and 8501 of Title 5, and Reorg. Plan No. 2 of
1939 set out in the Appendix to Title 5, sections 1765a and 1766c of
Title 7, Agriculture, section 2002 of Title 10, Armed Forces, section
906 of Title 20, Education, sections 104, 170, 912, and 2055 of Title
26, Internal Revenue Code, section 822a of former Title 31, Money and
Finance, section 405a of Title 37, Pay and Allowances of the Uniformed
Services, former section 235 of Title 38, Veterans' Benefits, and
section 5055 of Title 42, The Public Health and Welfare, repealing
subchapters I to X of chapter 14 (Sec. 801 et seq.) of this title and
sections 1221 to 1234, 2679a, 2680a, and 2693 of this title, enacting
provisions set out as notes under this section and section 2651 of this
title, and repealing provisions set out as notes under sections 801,
808, 811a, 886, 889, 912, 913, 936, 1002, 1076, 1079d, 1229, and 2384 of
this title] may be cited as the `Foreign Service Act of 1980'.''
Executive Order No. 11636
Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901, as amended by Ex.
Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec.
28, 1978, 44 F.R. 1055; Ex. Ord. No. 12128, Apr. 4, 1979, 44 F.R. 20625,
which related to employee-management relations in the Foreign Service of
the United States, was revoked by Ex. Ord. No. 12292, Sec. 10(j), Feb.
23, 1981, 46 F.R. 13967, set out below.
Ex. Ord. No. 12292. Conformance of Existing Executive Orders to Changes
Resulting From the Foreign Service Act of 1980
Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Foreign Service Act
of 1980 (94 Stat. 2071; 22 U.S.C. 3901 et seq.), and in order to conform
existing Executive Orders to changes resulting from that Act, it is
hereby ordered as follows:
Section 1. Section 1(k) of Executive Order No. 9154, as amended, is
amended by inserting immediately before the period at the end thereof a
comma and the words ``or under authority of section 303 of the Foreign
Service Act of 1980 (22 U.S.C. 3943)''.
Sec. 2. Section 1 of Executive Order No. 10471 is amended as
follows:
(a) strike out ``section 202(c) of the Annual and Sick Leave Act of
1951, as added by the act of July 2, 1953, Public Law 102, 83rd
Congress'' and insert in lieu thereof ``section 6305(b) of title 5 of
the United States Code'';
(b) strike out ``said section 202(c)(2)'' and insert in lieu thereof
``said section 6305(b)'';
(c) strike out ``section 411 of the Foreign Service Act of 1946''
and insert in lieu thereof ``section 401 of the Foreign Service Act of
1980 (22 U.S.C. 3961)''.
Sec. 3. Section 2 of Executive Order No. 10624, as amended, is
amended as follows:
(a) In clause (1), strike out ``Title II of the Overseas
Differentials and Allowances Act'' and insert in lieu thereof
``subchapter III of chapter 59 of title 5 of the United States Code'';
(b) Clause (2) is amended to read as follows: ``so much of the
authority vested in the Secretary of State by chapter 9 of Title I of
the Foreign Service Act of 1980 [22 U.S.C. 4081 et seq.], as relates to
allowances and benefits under the said chapter 9 of title I;''
Sec. 4. Executive Order No. 10903 is amended as follows:
(a) In the preamble, strike out ``section 303 of the Foreign Service
Act of 1946 (22 U.S.C. 843),'';
(b) In section 1(a) strike out ``section 111(3) of the Overseas
Differentials and Allowances Act (74 Stat. 792)'' and insert in lieu
thereof ``section 5921(3) of title 5, United States Code,'';
(c) In Section 1(b):
(1) strike out ``Title II of the Overseas Differentials and
Allowances Act'' and insert in lieu thereof ``subchapter III of chapter
59 of title 5 of the United States Code,'';
(2) strike out ``202, 203, and 221(4)(B) of that Act'' and insert in
lieu thereof ``5922(b), 5922(c), and 5924(4)(B) of that title'';
(3) strike out ``Title II of the Act'' and insert in lieu thereof
``said subchapter''.
(d) In Section 1(c), strike out ``section 22 of the Administrative
Expenses Act of 1946 (added by section 311(a) of the Overseas
Differentials and Allowances Act)'' and insert in lieu thereof ``section
5913 of title 5 of the United States Code''.
(e) In Section 1(e):
(1) strike out ``235(a)(2)'' and insert in lieu thereof ``235(2)'';
and
(2) strike out ``section 901 of the Foreign Service Act of 1946, as
amended'' and insert in lieu thereof ``section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085)''.
(f) strike out paragraphs (d) and (f) of Section 1 and redesignate
paragraphs (e) and (g) thereof as paragraphs (d) and (e), respectively.
Sec. 5. Executive Order No. 11034 is amended by striking out in
Section 5(c) after ``provided by section'' all that follows in that
sentence and inserting in lieu thereof ``310 of the Foreign Service Act
of 1980 (22 U.S.C. 3950).''.
Sec. 6. Executive Order No. 11219 is amended as follows:
(a) Section 1 is amended by striking out ``officer or employee'' and
inserting in lieu thereof ``member'';
(b) Section 1(b) is amended by inserting after ``as amended,'' ``the
Foreign Service Act of 1980,'' [this chapter] and by striking out ``that
Act'' and inserting in lieu thereof ``the latter Act'';
(c) Section 5 is amended by striking out ``an officer or employee
in'' and inserting in lieu thereof ``a member of'' and by inserting
after ``as amended,'' ``the Foreign Service Act of 1980,'' [this
chapter] and by striking out ``that Act'' and inserting in lieu thereof
``the latter Act''.
Sec. 7. Executive Order No. 12137 is amended as follows:
(a) Section 1-111 is amended by striking out ``1946, as amended''
and inserting in lieu thereof ``1980'' [this chapter].
(b) Section 1-401 is amended by striking out ``528 of the Foreign
Service Act of 1946 (22 U.S.C. 928)'' and inserting in lieu thereof,
``310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)''.
Sec. 8. Executive Order No. 12163 is amended as follows:
(a) Section 1-201(a)(14) is revoked.
(b) Section 1-201(b) is amended by inserting ``and'' after
``602(q),'' and by striking out ``and 625(k)(1)'';
(c) Section 1-602(a) is amended by striking out ``625(d)(1)'' each
time it appears and inserting in lieu thereof ``625(d)''.
(d) Section 1-602(b) is amended by striking out ``section 528 of the
Foreign Service Act of 1946'' and inserting in lieu thereof ``section
310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)''.
(e) Section 1-603 is amended by striking out after ``allowances'',
all that follows through ``Foreign Service Act of 1946 (22 U.S.C. 801 et
seq.),'' and inserting in lieu thereof ``authorized for a chief of
mission as defined in section 102(a)(3) of the Foreign Service Act of
1980 (22 U.S.C. 3902(a)(3)),''.
Sec. 9. Executive Order No. 12228 is amended as follows:
(a) Section 1-102(c)(1) is amended by striking out ``Section 911(9)
of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9))'' and
inserting in lieu thereof ``Section 901(6) of the Foreign Service Act of
1980 (22 U.S.C. 4081(6))'';
(b) Section 1-103 is amended by striking out ``Foreign Service Act
of 1946, as amended'' and inserting in lieu thereof ``Foreign Service
Act of 1980'' [this chapter].
Sec. 10. The following are hereby revoked:
(a) Executive Order No. 9452 of June 26, 1944;
(b) Executive Order No. 9799 of November 8, 1946;
(c) Executive Order No. 9837 of March 27, 1947;
(d) Executive Order No. 9932 of February 27, 1948;
(e) Executive Order No. 10249 of June 4, 1951;
(f) Section 2 of Executive Order No. 10477 of August 1, 1953 [22
U.S.C. 1472 note];
(g) Executive Order No. 10897 of December 2, 1960;
(h) Part III of Executive Order No. 11264 of December 31, 1965, as
amended [22 U.S.C. 3930 note];
(i) Sections 1, 3, and 5 of Executive Order No. 11434 of November 8,
1968;
(j) Executive Order No. 11636 of December 17, 1971;
(k) Executive Order No. 12066 of June 29, 1978;
(l) Executive Order No. 12145 of July 18, 1979;
(m) Section 1-104(b) of Executive Order No. 12188 of January 2, 1980
[19 U.S.C. 2171 note].
Sec. 11. This Order shall be effective as of February 15, 1981.
Ronald Reagan.
Ex. Ord. No. 12293. Administration of Foreign Service
Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, as amended by Ex.
Ord. No. 12363, May 21, 1982, 47 F.R. 22497; Ex. Ord. No. 12388, Oct.
14, 1982, 47 F.R. 46245; Ex. Ord. No. 12536, Oct. 9, 1985, 50 F.R.
41477; Ex. Ord. No. 13118, Sec. 10(4), Mar. 31, 1999, 64 F.R. 16598,
provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Foreign Service Act
of 1980 (94 Stat. 2071, 22 U.S.C. 3901 et seq.), Section 202 of the
Revised Statutes (22 U.S.C. 2656), and Section 301 of Title 3 of the
United States Code, and in order to provide for the administration of
the Foreign Service of the United States, it is hereby ordered as
follows:
Section 1. There are hereby delegated to the Secretary of State
those functions vested in the President by Sections 205, 401(a), 502(c),
613, and 801 of the Foreign Service Act of 1980, hereinafter referred to
as the Act (22 U.S.C. 3925, 3942(a)(1), 3892(c) [3982(c)], 4013, and
4041).
Sec. 2. The Secretary of State shall, in accord with Section 205 of
the Act (22 U.S.C. 3925), consult with the Secretary of Agriculture, the
Secretary of Commerce, the Director of the United States Information
Agency, the Administrator of the United States Agency for International
Development, the Director of the Office of Personnel Management, and the
Director of the Office of Management and Budget, in order to ensure
compatibility between the Foreign Service personnel system and other
government personnel systems.
Sec. 3. The Secretary of State shall make recommendations to the
President through the Director of the Office of Management and Budget
whenever action is appropriate under Section 827 of the Act (22 U.S.C.
4067) to maintain existing conformity between the Civil Service
Retirement and Disability System and the Foreign Service Retirement and
Disability System.
Sec. 4. In accord with Section 402 of the Act (22 U.S.C. 3962),
there are established the following salary classes with titles for the
Senior Foreign Service (SFS), at basic rates of pay equivalent to that
established from time to time for the Senior Executive Service (ES)
under Section 5382 of Title 5 of the United States Code.
Career Minister
(a) Basic rate of pay equivalent to ES 6.
Minister-Counselor
(a) Basic rate of pay equivalent to ES 6, or
(b) Basic rate of pay equivalent to ES 5, or
(c) Basic rate of pay equivalent to ES 4.
Counselor
(a) Basic rate of pay equivalent to ES 6, or
(b) Basic rate of pay equivalent to ES 5, or
(c) Basic rate of pay equivalent to ES 4, or
(d) Basic rate of pay equivalent to ES 3, or
(e) Basic rate of pay equivalent to ES 2, or
(f) Basic rate of pay equivalent to ES 1.
Sec. 5. There is hereby delegated to the Secretary of State, without
further action by the President, the authority vested in the President
by Section 2107 of the Act [22 U.S.C. 4157] to the extent necessary to
implement the provisions of Section 2101 of the Act [22 U.S.C. 4151],
relating to pay and benefits pending conversion.
Sec. 6. (a) Pursuant to Section 211 of the Act (22 U.S.C. 3931),
there is established in the Department of State the Board of Examiners
for the Foreign Service.
(b) The Board shall be appointed by, and in accordance with
regulations prescribed by, the Secretary of State, except that not less
than five shall be career members of the Foreign Service and not less
than seven shall be appointed as follows.
(1) not less than five shall be appointed by the heads of the
agencies utilizing the Foreign Service personnel system;
(2) not less than one shall be a representative appointed by the
Director of the Office of Personnel Management; and
(3) not less than one shall be a representative appointed by the
Secretary of Labor.
(c) The Secretary of State shall designate from among the members of
the Board a Chairman who is a member of the Service.
(d) The Secretary of State shall provide all necessary
administrative services and facilities for the Board.
Sec. 7. For the purpose of ensuring the accuracy of information used
in the administration of the Foreign Service Retirement and Disability
System, the Secretary of State may request from the Secretary of Defense
and the Administrator of Veterans Affairs such information as the
Secretary deems necessary. To the extent permitted by law: (a) The
Secretary of Defense shall provide information on retired or retainer
pay provided under Title 10, United States Code; and, (b) the
Administrator of Veterans Affairs shall provide information on pensions
or compensation provided under Title 38 of the United States Code. The
Secretary, in consultation with the officials from whom information is
requested, shall ensure that information made available under this Order
is used only for the purpose authorized.
Sec. 8. The first seven Sections of this Order shall be effective as
of February 15, 1981.
Sec. 9. (a) Pursuant to Section 210 of the Act there is established
in the Department of State the Board of the Foreign Service (22 U.S.C.
3930).
(b) The Board shall be composed of the designated number of
representatives of the heads of the following agencies:
(1) Department of State, four members, at least three of whom must
be career members of the Senior Foreign Service;
(2) United States Information Agency, two members, one of whom must
be a career member of the Senior Foreign Service;
(3) United States Agency for International Development, two members,
one of whom must be a career member of the Senior Foreign Service;
(4) Department of Agriculture, two members, one of whom must be a
career member of the Senior Foreign Service;
(5) Department of Commerce, two members, one of whom must be a
career member of the Senior Foreign Service;
(6) Department of Labor, one member;
(7) Office of Personnel Management, one member;
(8) Office of Management and Budget, one member; and,
(9) Equal Employment Opportunity Commission, one member;
(c) The membership of the Board shall be selected from among
officials who are knowledgeable in matters concerning the management of
the Foreign Service. Except for the career members of the Senior Foreign
Service from the Department of Agriculture, the Department of Commerce,
the United States Information Agency, and the United States Agency for
International Development, the members of the Board shall be selected
from among those who have the rank of Assistant Secretary or higher or a
position of comparable responsibility.
(d) The Secretary of State may from time to time request the heads
of other agencies to designate representatives to participate in the
functions of the Board on a regular or occasional basis.
(e) The Secretary of State shall provide all necessary
administrative services and facilities for the Board.
Sec. 10. Pursuant to Section 202(a)(2)(B) and (a)(3)(B) of the Act
(22 U.S.C. 3922(a)(2)(B), (a)(3)(B)), it is hereby determined to be
necessary, in order to enable the Department of Agriculture and the
Department of Commerce to carry out functions which require service
abroad, for the respective Secretaries, in consultation with the Office
of Personnel Management and the Office of Management and Budget, to be
able to utilize the Foreign Service personnel system with respect to
personnel of the following:
(a) The Animal and Plant Health Inspection Service of the Department
of Agriculture, not to exceed 125 positions, without the prior approval
of the Director of the Office of Personnel Management;
(b) The United States Travel and Tourism Administration, and the
International Trade Administration of the Department of Commerce, not to
exceed 30 positions without the prior approval of the Director of the
Office of Personnel Management, and providing that assignments to such
positions be administered consistent with policies of the Foreign
Commercial Service established under Executive Order No. 12188 [19
U.S.C. 2171 note].
[For abolition of United States Information Agency (other than
Broadcasting Board of Governors and International Broadcasting Bureau),
transfer of functions, and treatment of references thereto, see sections
6531, 6532, and 6551 of this title.]
Section Referred to in Other Sections
This section is referred to in section 4141 of this title.
