§ 3943. — Appointments by the Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3943]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER III--APPOINTMENTS
Sec. 3943. Appointments by the Secretary
The Secretary may appoint the members of the Service (other than the
members of the Service who are in the personnel categories specified in
section 3942(a) of this title) in accordance with this chapter and such
regulations as the Secretary may prescribe.
(Pub. L. 96-465, title I, Sec. 303, Oct. 17, 1980, 94 Stat. 2085.)
References in Text
This chapter, referred to in text, 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 under section 3901 of this
title and Tables.
Prohibition on Certain Employment at United States Diplomatic and
Consular Missions in Communist Countries
Pub. L. 100-204, title I, Sec. 157, Dec. 22, 1987, 101 Stat. 1354,
provided that:
``(a) Prohibition.--After September 30, 1990, no national 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 Communist
country where classified materials are maintained.
``(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 subsection
(a).
``(d) Report and Request for Funds.--As a part of the Department of
State's authorization request for fiscal years 1990 and 1991, the
Secretary of State, in consultation 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 implementation of
this section on the budget of the Department of State; and
``(2) a request for funds necessary for the implementation of
this section pursuant to the findings and conclusions specified in
the report under paragraph (1).
``(e) Waiver.--The President may waive this section--
``(1) if funds are not specifically authorized and appropriated
to carry out this section; or
``(2) the President determines that it is in the national
security interest of the United States to continue 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, Sec. 136, Aug. 16, 1985, 99 Stat. 421,
provided that:
``(a) Limitation.--To the maximum extent practicable, citizens of
the Soviet Union shall not be employed 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 practical or administrative
difficulties, he is requested to submit a report to the Congress
describing the number and type of Soviet foreign national employees he
wishes to retain at or in proximity to United States diplomatic and
consular posts in the Soviet Union, the anticipated duration of their
continued employment, the reasons for their continued employment, and
the risks associated with the retention of these employees.''
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 determination, you are authorized to employ Soviet nationals
in nonsensitive areas of the New Embassy Compound in Moscow under strict
monitoring by cleared Americans. Further, I delegate to you the
responsibility vested in me by section 136(b) of the Act to report 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 determination to the
Congress and to publish it in the Federal Register.
George Bush.
Section Referred to in Other Sections
This section is referred to in sections 3903, 3922, 3946, 3948,
3951, 4001, 4006 of this title; title 5 section 5927.
