§ 3942. — Appointments by the President.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC3942]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER III--APPOINTMENTS
Sec. 3942. Appointments by the President
(a)(1) The President may, by and with the advice and consent of the
Senate, appoint an individual as a chief of mission, as an ambassador at
large, as an ambassador, as a minister, as a career member of the Senior
Foreign Service, or as a Foreign Service officer.
(2)(A) The President may, by and with the advice and consent of the
Senate, confer the personal rank of career ambassador upon a career
member of the Senior Foreign Service in recognition 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
connection 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 transmits 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 proposed 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
appointments), an individual may not be designated as ambassador or
minister, or be designated 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 of this chapter and the member shall not, by virtue of the
acceptance of such assignment, lose his or her status as a member of the
Service. A member of the Senior Foreign Service who accepts such an
assignment may elect to continue to receive the salary of his or her
salary class, to remain 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, 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, Sec. 302, Oct. 17, 1980, 94 Stat. 2084; Pub.
L. 100-204, title I, Sec. 177(b), Dec. 22, 1987, 101 Stat. 1362; Pub. L.
102-138, title I, Secs. 141, 142(a), Oct. 28, 1991, 105 Stat. 667.)
Amendments
1991--Subsec. (a)(1). Pub. L. 102-138, Sec. 141, inserted ``as an
ambassador,'' after ``ambassador at large,''.
Subsec. (b). Pub. L. 102-138, Sec. 142(a), substituted ``may elect
to continue to receive the salary of his or her salary class, to remain
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, 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'' 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 subchapter IV of this chapter.'' for ``may elect to continue to
receive the salary of his or her salary class, to remain 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 position to which the
member is appointed by the President.''
Effective Date of 1987 Amendment
Section 177(c) of Pub. L. 100-204 provided that: ``The amendments
made by subsections (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
enactment of this Act [Dec. 22, 1987] during the period such individual
continues to serve in such position.''
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 amended by act
Aug. 10, 1949, ch. 412, Sec. 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 amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Constitution and the
statutes, including the Foreign Service 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 Executive 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 referred to as the Chief of Mission,
shall have supreme authority, except as otherwise provided herein, with
respect 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 ultimate 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 command,
security, and stationing of United States forces in Germany, the
assertion and exercise of their rights and discharge of their
obligations therein, and emergency 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 representative of the Commander, pursuant to the
authority 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
agreement 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
consultation. 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 assistance 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 hereafter to be confined in Germany as a result of
conviction by military tribunals (A) the Chief of Mission shall share
the four-power responsibility in the case of persons convicted by the
International Military Tribunal, (B) the Chief of Mission shall exercise
responsibility in the case of persons convicted by military tribunals
established by the United States Military Governor pursuant to Control
Council Law No. 10, and (C) the Commander shall exercise responsibility
in the case of persons 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 carrying into execution any sentences adjudged against such
persons in category (B) as to whom the Chief of Mission has
responsibility and control. Transfer of custody 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 Department 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 Conventions, as amended, come into force.
Executive Order No. 11970
Ex. Ord. No. 11970, Feb. 5, 1977, 42 F.R. 7919, establishing the
Presidential Advisory Board on Ambassadorial Appointments, was revoked
by Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751.
Term of the Presidential Advisory Board on Ambassadorial
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.
Section Referred to in Other Sections
This section is referred to in sections 3903, 3943, 3946, 3948,
3961, 4001, 4006, 4046, 4053 of this title.
