§ 3941. — General provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3941]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER III--APPOINTMENTS
Sec. 3941. General provisions
(a) Citizenship requirement
Only citizens of the United States may be appointed to the Service,
other than for service abroad as a consular agent or as a foreign
national employee.
(b) Examinations
The Secretary shall prescribe, as appropriate, written, oral,
physical, foreign language, and other examinations for appointment to
the Service (other than as a chief of mission or ambassador at large).
(c) Veteran or disabled veteran
The fact that an applicant for appointment as a Foreign Service
officer candidate is a veteran or disabled veteran shall be considered
an affirmative factor in making such appointments. As used in this
subsection, the term ``veteran or disabled veteran'' means an individual
who is a preference eligible under subparagraph (A), (B), or (C) of
section 2108(3) of title 5.
(d) Career and noncareer appointments
(1) Members of the Service serving under career appointments are
career members of the Service. Members of the Service serving under
limited appointments are either career candidates or noncareer members
of the Service.
(2) Chiefs of mission, ambassadors at large, and ministers serve at
the pleasure of the President.
(3) An appointment as a Foreign Service officer is a career
appointment. Foreign Service employees serving as career candidates or
career members of the Service shall not represent to the income tax
authorities of the District of Columbia or any other State or locality
that they are exempt from income taxation on the basis of holding a
Presidential appointment subject to Senate confirmation or that they are
exempt on the basis of serving in an appointment whose tenure is at the
pleasure of the President.
(Pub. L. 96-465, title I, Sec. 301, Oct. 17, 1980, 94 Stat. 2083; Pub.
L. 100-204, title I, Sec. 179(a), Dec. 22, 1987, 101 Stat. 1362.)
Amendments
1987--Subsec. (d)(3). Pub. L. 100-204 inserted sentence at end
relating to exemption from income taxation.
Effective Date of 1987 Amendment
Section 179(b) of Pub. L. 100-204 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to tax years beginning after December 31, 1987.''
Study of Foreign Service Examination
Pub. L. 101-246, title I, Sec. 153(g), Feb. 16, 1990, 104 Stat. 44,
provided that: ``The Secretary of State shall enter into a contract with
a private organization for a comprehensive review and evaluation of the
Foreign Service examination. Such review and evaluation shall--
``(1) identify any cultural, racial, ethnic, and sexual bias;
``(2) evaluate the ability of the examination to measure an
individual's aptitude for and potential in the Foreign Service;
``(3) consider the relevance of the Foreign Service examination
to the work of a Foreign Service officer;
``(4) make recommendations for the removal of any element of
bias in the examination; and
``(5) make recommendations for improvements to achieve an
examination free of any bias.
Not more than 18 months after the date of the enactment of this Act
[Feb. 16, 1990], the Secretary of State shall prepare and submit a
report to the Congress which contains the findings of such 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 review. Such report shall take into consideration the current
efforts by the Department of State to review its Foreign Service
examination.''
Section Referred to in Other Sections
This section is referred to in section 3931 of this title; title 5
section 2302.
