[PUBLIC LAW 724 - 79th CONGRESS] -[ CHAPTER 957 - 2d SESSION][H.R. 6967]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400090001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 47
• Document Creation Date: December 9, 2016
• Document Release Date: February 1, 2001
• Sequence Number: 1
• Content Type: REGULATION

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[PUBLIC LAW 724-79TH CONGRESS]
[CHAPTER 957-2D SESSION]
[H. R. 6967]
AN ACT
To improve, strengthen, and expand the Foreign Service of the United States and
to consolidate and revise the laws relating to its administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-SHORT TITLE, OBJECTIVES, AND
DEFINITIONS
PART A-SHORT TITLE
SEC. 101. Titles I to X, inclusive, of this Act may be cited as the
"Foreign Service Act of 1946".
PART B-OBJECTIVES
SEC. 111. The Congress hereby declares that the objectives of this
Act are to develop and strengtlien the Foreign Service of the United
States so as-
(1) to enable the Foreign Service effectively to serve abroad
the interests of the United States;
(2) to insure that the officers and employees of the Foreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends
in American life;
(3) to enable the Foreign Service adequately to fulfill the
functions devolving on it by reason of the transfer to the Depart-
ment of State of functions heretofore performed by other Gov-
ernment agencies;
(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
(5) to provide that promotions leading to positions of.author-
ity and responsibility shall be on the basis of merit and to insure
the selection on an impartial basis of outstanding persons for
such positions?
(6) to provide for the temporary appointment or assignment to
the Foreign Service, of representative and outstanding citizens
of the United States possessing special skills and abilities;
(7) to provide salaries, allowances, and benefits that will per-
mit the Foreign Service to draw its personnel from all walks of
American life and to appoint persons to the highest positions in
the Service solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to th
administration of the Foreign Service.
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PART C-DEFINITIONS
SEC. 121. When used in this Act, the term-
(1) "Service" means the Foreign Service of the United States;
(2) "Secretary" means the Secretary of State
(3) "Department" means the Department of ~tate;
(4) Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal Government, or any corporation wholly owned (either directly
or through one or more corporations) by the United States;
(5) "Government" means the Government of the United States of
America ;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental United
States as defined in paragraph (6) of this section;
(8) "Principal officer" means t e officer in charge of an embassy,
leggation, or other diplomatic mission or of a consulate general, con-
sulate, or vice consulate of the United States; and
(9) "Chief of mission" means a principal officer appointed by the
President, by and with the advice and consent of the Senate, to be in
charge of an embassy or legation or other diplomatic mission of the
United States, or any person assigned under the terms of this Act to
be minister resident, charge d'affaires, commissioner, or diplomatic
agent.
TITLE II-GOVERNING BODIES FOR THE DIRECTION OF
THE SERVICE _
PART A-OFFICERS
DIRECTOR GENERAL
SEC. 201. The Service shall be administered by a Director General
of the Foreign Service hereinafter referred to as the Director General,
who shall be appointed by the Secretary from among Foreign Service
officers in the class of career minister or in class 1. Under the general
supervision of the Secretary and the Assistant Secretary of State in
charge of the administration of the Department, the Director General
shall, in addition to administering the Service and performing the
duties specifically vested in him by this or any other Act, coordinate
the activities of the Service with the needs of the Department and
of other Government agencies and direct the performance by officers
and employees of the Service of the duties imposed on them by the
terms of any law or by any order or regulation issued pursuant to law'
or by any international agreement to which the United States is a
party.
DEPUTY DIRECTOR GENERAL
SEC. 202. The Director General shall be assisted by a Deputy Direc-
tor General of the Foreign Service, hereinafter referred to as the
Deputy Director General, who shall be appointed by the Secretary.
If he is a Foreign Service officer, he shall be selected from among offi-
cers in the class of career minister or in class 1. The Deputy Director
General shall act in the place of the Director General in the event of
his absence or incapacity.
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BOARD OF THE FOREIGN SERVICE
SEC. 211. (a) The Board of the Foreign Service shall be composed
of the Assistant Secretary of State in charge of the administration of
the Department, who shall be Chairman; two other Assistant Secre-
taries of State, designated by the Secretary to serve on the Board;
the Director General ; and one representative each, occupying posi-
tions with comparable responsibilities, from the Departments of
Agriculture, Commerce, and Labor, designated, respectively, by the
heads of such departments. The Secretary may request the head of
any other Government department to designate a representative,
occupying a position with comparable responsibilities, to attend meet-
ings of the Board whenever matters affecting the interest of such
department are under consideration.
(b) The Board of the Foreign Service shall make recommendations
to the Secretary concerning the functions of the Service; the policies
and procedures to govern the selection, assignment, rating, and pro-
motion of Foreign Service officers; and the policies and procedures to
govern the administration and personnel management of the Service;
and shall perform such other duties as are vested in it by other sections
of this Act or by the terms of any other Act.
SEC. 212. (a) The Board of Examiners for the Foreign Service,
shall, in accordance with regulations prescribed by the Secretary and
under the general supervision of the Board of the Foreign Service,
provide for and supervise the conduct of such examinations as may
be given to candidates for appointment as Foreign Service officers in
accordance with the provisions of sections 516 and 517 or to any other
person to whom an examination for admission to the Service shall be
given in accordance with the provisions of this or any other Act or
c regulations issued pursuant thereto, and provide for such pro-
3ures as may be necessary to determine the loyalty of such persons
to the United States and their attachment to the principles of the
Constitution.
(b) The membership of the Board of Examiners for the Foreign
Service, not more than half of which shall consist of Foreign Service
officers, shall be constituted in accordance with regulations prescribed
by the Secretary.
TITLE III-DUTIES
PART A-GENERAL DUTIES
COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS,
AND EXECUTIVE ORDERS
SEC. 301. Officers and employees of the Service shall, under the
direction of the Secretary, represent abroad the interests of the United
States and shall perform the duties and comply with the obligations
resulting from the nature of their appointments or assignments or
imposed on them by the terms of any law or by any order or regula-
tion issued pursuant to law or by any international agreement to
which the United States is a party.
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DUTIES FOR WHICH REGULATIONS MAY BE PRESCRIBED
SEC. 302. The Secretary shall, except in an instance where the
authority is specifically vested in the President, have authority to
prescribe regulations not inconsistent with the Constitution and the
laws of the United States in relation to the duties, functions, and obli-
gations of officers and employees of the Service and th, administra-
tion of the-Service.
DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS
SEC. 303. In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
PART B-SERVICES FOR GOVERNMENT AGENCIES AND OTHER
ESTABLISHMENTS OF THE GOVERNMENT
SEC. 311. The officers and employees of the Service shall, under
such regulations as the President may prescribe, perform duties and
functions in behalf of any Government agency or any other establish-
ment of the Government requiring their services, including those in
the legislative and judicial branches, but the absence of such regula-
tions shall not preclude officers and employees of the Service from
acting for and on behalf of any such Government agency or establish-
ment whenever it shall, through the Department, request their services.
TITLE IV--CATEGORIES AND SALARIES OF
PERSONNEL
PART A-CATEGORIES OF PERSONNEL
SEC. 401. The personnel of the Service shall consist of the following
categories of officers and employees :
(1) Chiefs of mission, who shall be appointed or assigned in
accordance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
(3) Foreign Service Reserve officers, who shall be assigned to the
Service on a temporary basis from Government, agencies or appointed
on a temporary basis from outside the Government in accordance
with the provisions of section 522, in order to make available to the
Service such specialized skills as may from time to time be required;
(4) Foreign Service staff officer's and employees, who shall be
appointed in accordance with the provisions of section 531 and who
shall include all personnel who are citizens of the United States, not
comprehended under paragraphs (1), (2), (3), and (6) of this sec-
tion, and who shall occupy positions with technical, administrative,
fiscal, clerical, or custodial responsibilities.
(5) Alien clerks and employees, who shall be appointed in accord-
ance with the provisions of section 541; and
(6) Consular agents, who shall be appointed in accordance with
the provisions of section 551.
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SEC. 411. The President shall for salary purposes classify into four
classes the positions which are to be occupied by chiefs of mission.
The per annum salaries of chiefs of mission within each class shall
be as follows: Class 1, $25,000 per annum; class 2, $20,000; class 3,
$17,500; and class 4, $15,000.
SEC. 412. There shall be seven classes of Foreign Service officers,
including the class of career minister. The per annum salary of a
career minister shall be $13,500. The per annum salaries of Foreign
Service officers within each of the other classes shall be as follows :
Class 1, $12,000, $12,400, $12,800, $13,200, $13,500;
r Class 2, $10,000, $10,350, $10,700, $11,050, $11,400, $11,750, $11,900;
Class 3, $8,000, $8,300, $8,600, $8,900, $9,200, $9,500, $9,800, $9,900;
Class 4, $6,000, $6,300, $6,600, $6,900, $7,200, $7,500, $7,800, $7,900;
Class 5, $4,500, $4,700, $4,900, $5,100, $1),300, $5,500, $5,700, $5,900;
Class 6, $3,300, $3,500, $3,700, $3,900, $4,100, $4,300, $4,400.
SALARIES AT WHICH FOREIGN SERVICE OFFICERS MAY BE APPOINTED
SEC. 413. (a) A person appointed as a Foreign Service officer
of class 6 shall receive salary at that one of the rates provided for
that class by section 412 which the Secretary shall, taking into con-
sideration his age, qualifications, and experience, determine to be
appropriate for him to receive.
(b) A person appointed as a Foreign Service officer of classes
,
1 through 5, inclusive, shall receive salary at the minimum rate pro-
vided for the class to which he has ben appointed.
FOREIGN SERVICE RESERVE OFFICERS
SEC. 414. (a) There shall be six classes of Foreign Service
Reserve officers, referred to hereafter as Reserve officers, which
classes shall correspond to classes 1 to 6 of Foreign Service officers.
(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
(c) A person assigned as a Reserve officer from any Government
agency shall receive his salary from appropriations provided for the
Department during the period of his service as a Reserve officer.
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415. There shall be twenty-two classes of Foreign Service staff
officers and employees, referred to hereafter as staff officers and
employees. The per annum rates of salary of staff officers and
employees within each class shall be as follows :
Class 1,
$8,820,
$9,120,
$9,420, $9,720, $10,000;
Class 2,
$8,100,
$8,340,
$8,580, $8,820, $9,120;
Class 3,
$7,380,
$7,620,
$7,860, $8,100, $8,340;
Class 4,
$6,660,
$6,900,
$7,140, $7,380, $7.620;
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Class 5, $6,120, $6,300, $6,480, $6,660, $6,900, $7,140;
Class 6, $5,580, $5,760, $5,940, $6,120, $6,300, $6,480;
Class 7, $5,040, $5,220, $5,400, $5,580, $5,760, $5,940;
Class 8, $4,500, $4,680, $4,860, $5,040, $5,220, $5,400;
Class 9, $3,960, $4,140, $4,320, $4,500, $4,680, $4,860;
Class 10, $3,600,$$3,720, $3,840, $3,960, $4,140, 34,320, $4,500;
Class 11, $3,240, $3,360, $3,480, $3,600, $3,720, $3,840, $3,960;.
Class 12, $2,880, $3,000, $3,120, $3,240, $3,360, $3,480, 12,600;
Class 13, $2,520, $2,640, $2,760, $2,880, $3,000, $3,120, $3,240;
Class 14, $2,160, $2,280, $2,400, $2,520, $2,640, $2,760, $111,880;
Class 15, $1,980, $2,040, $2,100, $2,160, $2,280, $2,400, $2,520;
Class 16, $1,800, $1,860, $1,920, $1,980, $2,040, $2,100, $2,160;
Class 17, $1,620, $1,680, $1,740, $1,800, $1,860, $1,920, $1,980;
Class 18, $1,440, $1,500, $1,560, $1,620, $1,680, $1,740, $1,800;
Class 19, $1,260, $1,320, $1,380, $1,440, $1,500, $1,560, $1,620;
Class 20, $1,080, $1,140, $1,200, $1,260, $1,320, $1,380, $1,440;
Class 21, $900, $960, $1,020, $1,080, $1,140, $1,200, $1,260;
Class 22, $720, $780, $840, $900, $960, $1,020, $1,080.
SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES MAY
BE APPOINTED
SEC. 416. A person appointed as a staff .officer or employee shall
receive salary at the minimum rate provided for the class to which
appointed except as otherwise provided in accordance with the pro-
visions of part E of this title.
SALARIES OF ALIEN CLERKS AND EMPLOYEES
SEC. 417. The salary or compensation of an alien clerk or employee
shall be fixed by the Secretary in accordance with such regulations as
he shall prescribe and, as soon as practicable, i-i accordance with the
provisions of section 444 (b). . The salary or compensation of an alien
clerk or employee fixed on a per annum basis may, notwithstanding
the provisions of any other law, be payable on a weekly or biweekly
basis. When a one- or two-week pay period of such a clerk or employee
begins in one fiscal year and ends in another, the gross amount of the
earnings for such pay period may be regarded as a charge against the
appropriation or allotment current at the end of such pay period.
SALARIES OF CONSULAR AGENTS
SEC. 418. The salary or compensation of a consular agent shall be
fixed by the Secretary in accordance with such ?_iegulations as he shall
prescribe and, as soon as practicable, in accordance with the provisions
of section 445.
PART C-SALARIES OF OFFICERS TEMPORARILY IN CHARGE
AS CHARGES D'AFFAIRES AD INTERIM
SEC. 421. For such time as any Foreign Service officer shall be
authorized to act as charg6 d'affaires ad interim at the post to which.
he is assigned, he shall receive, in addition to his basic salary as For-
eign Service officer, compensation equal to that portion of the differ-
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ence between such salary and the basic salary provided for the chief of
mission as the Secretary may determine to be appropriate.
SEC. 422. For such time as any Foreign Service officer or any consul
or vice consul who is not a Foreign Service officer is temporarily in
charge of it consulate general or consulate during the absence or inca-
pacity of the principal officer, he shall receive, in addition to his basic
salary as Foreign Service officer or consul or vice consul, compensation
equal to that portion which the Secretary shall determine to be appro-
priate of the difference between such salary and the basic salary pro-
vided for the principal officer, or, if there be none, of the former
principal officer.
SEC. 431. (a) Under such regulations as the Secretary may pre-
scribe, a chief of mission may be entitled to receive salary from the
effective date of his appointment to the date marking his return to his
place of residence at the conclusion of the period of his official service
as chief of mission or the termination of time spent on authorized
leave, whichever shall be later, but no chief of mission shall be entitled
to receive salary while absent from his post whenever the Secretary
shall find that such absence was without authorization or justification.
If a chief of mission in one position is appointed as chief of mission
in another position, he shall be entitled to receive the salary pertain-
ing to the new position commencing on the effective date of the new
appointment.
(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and has rendered such addi-
tional services to the Department as the Secretary may require him to
render in the interests of the Government for a period not in excess of
thirty days, exclusive of time spent in transit.
(c) During the service of a Foreign Service officer as chief of mission
he shall receive, in addition to his salary as Foreign Service officer,
compensation equal, to the difference, if any, between such salary and
the salary of the position to which he is appointed or assigned.
SEC. 432. (a) Under such regulations as the Secretary may prescribe,
any officer or employee appointed to the Service may be entitled to
receive salary from the effective date of his appointment to the date
when he shall have returned to his place of residence at the conclusion
of the period of his official service, or the termination of time spent
on authorized leave, whichever shall be later, but no such officer or
employee shall be entitled to receive salary while absent from his post
whenever the Secretary shall find that such absence was without
authorization or justification.
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(b) A Foreign Service officer, appointed during a recess of the
Senate, shall be paid salary from the effective date of his appointment
until the end of the next session of the Senate, if he has not theretofore
been confirmed by the Senate, or until his rejection by the Senate before
the end of its next session.
(c) A Foreign Service officer promoted to a higher class shall
receive salary at the rate prescribed in section 412 for the class to
which he is promoted from the effective date of his appointment to
such class. A Foreign Service officer promoted to a higher class
during a recess of the Senate shall receive salary at the rate rescribed
for the class to which he is promoted from the effective date of his
appointment to such class until the end of the next session. If the
Senate should reject or fail to confirm the promotion of such an
officer during the session following the date of his promotion, the
Foreign Service officer shall, unless he has become liable to sepa-
ration in accordance with the provisions of section 633 or 634, be
automatically reinstated in the class from which he was promoted and
receive the salary he was receiving prior to his promotion, such
reinstatement to be effective, in the event of rejection of the nomi-
nation, from the date of rejection; and in the event of the failure
of the Senate to act on the nomination during the session following
a promotion, from the termination of that session.
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE
SEC. 441. Under such regulations as he may prescribe, the Secre-
tary shall classify all positions in the Service, :including those posi-
tions at foreign posts which may be held by career ministers, and
shall allocate all positions occupied or to be occupied by staff officers
or employees to classes and subclasses established by sections 415
and 442, respectively, and by alien employees and consular agents
to such classes as may be established by regulation.
Oft
ADMINISTRATIVE ESTABLISHMENT OF NEW GROUPS OF POSITIONS FOR AM,
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SE,,. 442. The Secretary may, whenever he deems such action to be
in the interests of good administration and warranted by the nature
of the duties and responsibilities of any group of positions occupied
or to be occupied by staff officers and employees in comparison with
other positions in the same class, establish by regulation for any
such group of positions a minimum salary computed at any one of
the rates of salary above the minimum for a given class but not in
excess of the middle rate provided for that class in section 415.
Such groups of positions shall, for the purposes of this Act, be known
as subclasses.
SEC. 443. Whenever the President shall find and declare that the
rates of salary provided for Foreign Service staff officers and
employees in section 415 are inadequate for any positions allocated
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to any particular class or subclass, he may, under such regulations
as he may prescribe, establish necessary schedules of differentials in
the rates of salary prescribed for such classes or subclasses, but the
differential in salary of a person holding any such position. shall not
exceed 25 per centum of the salary he would otherwise receive.
Such differentials shall be granted only with respect to positions at
posts at which extraordinarily difficult living conditions or excessive
physical hardship prevail or at which notably unhealthful conditions
exist. The Secretary shall prepare and maintain a list of such posts.
CLASSIFICATION OF POSITIONS OF ALIEN CLERKS AND EMPLOYEES
SEC. 444. (a) Upon the basis of the classification provided for in
section 441, the Secretary shall, with the advice of the Board of the
Foreign Service, from time to time prepare schedules of salaries for
classes of positions of alien clerks and employees of the Service, which
classes shall be established by regulation, and shall allocate all such
positions to the appropriate classes.
(b) All alien employees in an area of comparatively uniform wage
scales and standards of living, occupying positions of equal respon-
sibility, shall receive equal pay except as there may be increases pro-
vided for length of service in accordance with uniform procedures.
CLASSIFICATION OF CONSULAR AGENTS
SEC. 445. Upon the basis of the classification provided for in section
441, the Secretary shall, with the advice of the Board of the Foreign
Service, from time to time prepare schedules of salaries for classes of
positions of consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.
EXEMPTION FROM TIIE APPLICATION OF THE CLASSIFICATION ACT
SEc. 446. Title II of the Act of November 26, 1940, entitled "An
Act extending the classified executive Civil Service of the United
States" (54 Stat. 1212; 5 U. S. C. 681), is hereby further amended by
deleting paragraph (vii) of section 3 (d) and by substituting in lieu
of the present language of paragraph (vi) of section 3 (d) the follow-
ing language: "Offices or positions of officers and employees of the
Foreign Service".
TITLE V-APPOINTMENTS AND ASSIGNMENTS
PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
APPOINTMENTS
SEC. 501. (a) The President shall, by and with the advice and con-
sent of the Senate, appoint ambassadors and ministers, including
career ministers.
(b) The President may, in his discretion, assign any Foreign
Service officer to serve as minister resident, charge d'affaires, commis-
sioner, or diplomatic agent for such period as the public interest may
require.
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LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO THE PRESIDENT
SEC. 502. (a) The Secretary shall, on the basis of recommendations
made by the Board of the Foreign Service, from time to time furnish
the President with the names of Foreign Service officers qualified for
appointment to the class of career minister together with pertinent
information about such officers, but no person shall be appointed into
the class of career minister who has not been appointed to serve as a
chief of mission or appointed or assigned to serve in a position which,
in the opinion of the Secretary, is of comparable importance. A list
of such positions shall from time to time be published by the Secretary.
(b) The Secretary shall also, on the basis of recommendations made
by the Board of the Foreign Service, from time, to time furnish the
President with the names of Foreign Service officers qualified for
appointment or assignment as chief of mission, together with per-
tinent information about such officers, in order to assist the President
in selecting qualified candidates for appointment or assignment in
such capacity.
SEC. 511. The President shall appoint Foreign Service officers by
and with the advice and consent of the Senate. All appointments of
Foreign Service officers shall be by appointment to a class and not
to a particular post.
SEC. 512. Foreign Service officers may be commissioned as diplo-
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be per-
formed under their respective commissions as diplomatic or consular
officers.
LIMITS OF CONSULAR DISTRICTS
SEC. 513. The Secretary shall define the limits of consular districts.
ASSIGNMENTS AND TRANSFERS
SEC. 514. A Foreign Service officer, commissioned as a diplomatic
or consular officer, may be assigned by the Secretary to serve in any
diplomatic position other than that of chief of mission or in any con-
sular position, and he may also be assigned to serve in any other
capacity in which he is eligible to serve under the terms of this or any
other Act. He may be transferred from one post to another by order
of the Secretary as the interests of the Service may require.
SEC. 515. No person shall be eligible for appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
such for at least ten years.
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ADMISSION TO CLASS 6
SEC. 516. No person shall be eligible for appointment as a Foreign
Service officer of class 6 unless he has passed such written, oral, physi-
cal, and other examinations as the Board of Examiners for the For-
eign Service may prescribe to determine his fitness and aptitude for
the work of the Service and has demonstrated his loyalty to the Gov-
ernment of the United States and his attachment to the principles of
the Constitution.- The Secretary shall furnish the President with
the names of those persons who have passed such examinations and
are eligible for appointment as Foreign Service officers of class 6.
ADMISSION TO CLASSES 1, 2, 3, 4, AND 5 WITHOUT PRIOR SERVICE IN CLASS 6
SEG. 517. A person who has not served in class 6 shall not be eligible
for appointment as a Foreign Service officer of classes 1 to 5, inclusive,
unless he has passed such written, oral, physical, and other examina-
tions as the Board of Examiners for the Foreign Service may prescribe
to determine his fitness and aptitude for the work of the Service;
demonstrated his loyalty to the Government of the United States and
his attachment to the principles of the Constitution; and rendered at
least four years of actual service immediately prior to appointment in
osition of responsibility in the Service or in the Department or
a position'
both, except that, if he has reached the age of thirty-one years, the
requirement as to service may be reduced to three years. The Secre-
tary shall furnish the President with the names of those persons who
shall have passed such examinations and are eligible for appointment
as Foreign Service officers of classes 1 to 5, inclusive. The Secretary
shall, taking into consideration the age, qualifications, and experience
of each candidate for appointment, recommend the class to which he
shall be appointed in accordance with the provisions of this section.
ADMISSION TO THE GLASS OF CAREER MINISTER
SEC. 518. No person shall be eligible for appointment to the class
of career minister w11o is not a Foreign Service officer.
REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS AND
MINISTERS
SEC. 519. If, within three months of the date of the termination
of his services as chief of mission and of any period of authorized
leave, a Foreign Service officer has not again been appointed or
assigned as chief of mission or assigned in accordance with the pro-
visions of section 514, he shall be retired from the Service and receive
retirement benefits in accordance with the provisions of section 821.
R INSTATEMENTAND RECALL OF FOREIGN SERVICE OFFICERS
SEC. 520. (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service a, former Foreign Service
officer who has been separated front the Service by reason of appoint-
ment to some other position in the Government service and who has
served continuously in the Government up to the time of reinstate-
ment. The Secretary shall, taking into consideration the qualifica-
tions and experience of each candidate for reappointment and the
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rank of his contemporaries in the Service, recommend the class to
which he shall be reappointed in accordance with the provisions of
this section.
(b) Whenever the Secretary shall determine an emergency to exist,
the Secretary may recall any retired Foreign Service officer tem-
porarily to active service.
PART C-FOREIGN SERVICE RESERVE OFFICERS
ESTABLISHMENT OF RESERVE
SI.c. 521. In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and maintained a Foreign Scrvice Reserve, referred to hereafter as
the Reserve.
APPOINTME VTS AND ASSIGNMENTS TO THE RESERVE
SEc. 522. Whenever the services of a person who is it citizen of
the United States and who has been such for at least five years are
required by the Service, the Secretary may-
(1) appoint as a Reserve officer for nonconsecutive periods
of not more than four years each, it person not in the employ
of the Govermnent whom the Board of the Foreign Service shall
deem to have outstanding qualifications of a specialized char,
acter; and
(2) assign as a Reserve officer for nonconsecutive periods of
not more than four years each a person regularly employed in
any Government agency, subject, in the case of an employee of
a Government agency other than the Department of State, to
the consent of the head of the agency concerned.
APPOINTMENT OR ASSIGNMENT TO A CLASS
SEC. 523. A Reserve officer appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
and such an officer may be assigned to posts and may be transferred
from one post to another by order of the Secretary as the interests
of the Service may require. The class to which he shall be appointed
or assigned shall depend on his age, qualifications, and experience.
SEC. 524. Whenever the Secretary shall deem it in the interests
of the Service that a Reserve officer shall serve in a diplomatic or
consular capacity, he may recommend to the President that such
officer be commissioned as a. diplomatic or consular officer or both.
The President may, by and with the advice and consent of the
Senate, commission such officer as it diplomatic or consular officer
or both, and all official acts of such an officer while serving under a
diplomatic or consular commission shall be performed under his
commission as a diplomatic or consular officer. In all other cases,
appropriate rank and status, analogous to that of Foreign Service
officers engaged in work of comparable importance shall be provided
to permit Reserve officers to carry out their duties effectively.
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SEC. 525. The Secretary shall by regulation define the period during
which a Reserve officer shall be considered as being on active duty.
BENEFITS
SEC. 526. A Reserve officer shall, except as otherwise provided in
regulations which the Secretary may prescribe, receive all the allow-
ances, privileges, and benefits which Foreign Service officers are en-
titled to receive in accordance with the provisions of title IX.
REAPPOINTMENT OR REASSIGNMENT OF RESERVE OFFICERS
SEC. 527. A person who has served as a Reserve officer may not be
reappointed or reassigned to active duty until the expiration of a
period of time equal to his preceding tour of duty or until the expira-
tion of a year, whichever is the shorter.
REINSTATEMENT OF RESERVE OFFICERS
SEC. 528. Upon the termination of the assignment of a Reserve officer
assigned from any Government agency, such person shall be entitled
to reinstatement in the Government agency by which he is regularly
employed in the same position he occupied at the time of assignment, or
in a corresponding or higher position. Upon reinstatement lie shall
receive the within-grade salary advancements he would have been
entitled to receive had he remained in the position in which he is
regularly employed under subsection (d), section 7, of the Classifica-
tion Act of 1923, as amended, or any corresponding provision of law
applicable to the position in which he is serving. A certificate of the
Secretary that such person has met the standards required for the
efficient conduct of the work of the Foreign Service shall satisfy any
requirements as to the holding of minimum ratings as a prerequisite
to the receipt of such salary advancements.
PART D-FOIIE[GN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 531. The Secretary shall appoint staff officers and employees
under such regulations as he may prescribe and, as soon as practicable,
in accordance with the provisions of sections 441, 442, and 443.
SEC. 532. The Secretary may, in accordance with uniform pro-
cedures established in such regulations as he may prescribe, assign
a staff officer or employee to a position at any post and transfer
such a person from a position in one class to a vacant position within
the same class, and from one post to another. Upon demonstration
of ability to assume duties of greater responsibility, such person may,
as provided in section 641, be promoted to a vacant position in a
higher class at the same or at a higher rate of salary and he may
be transferred from one post to another in connection with such
promotion.
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COMMISSION AS CONSUL OR VICE CONSUI.
Sico. 533. On the recommendation of the Secretary, the President
may, by and with the advice and consent of the Senate, commission
a staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respective commissions as consular
officers.
CITIZENSIIIP REQUIREMENT
Src. 534. No person shall be eligible for appointment as staff
officer or employee who is not a citizen of the United States at the
time of his appointment.
PART:' E-ALIEN CLERKS AND EMPLOYEES
APPOINTMENTS
SEC. 541. The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may prescribe and, as
soon as practicable, in accordance with the provisions of section 444.
ASSIGNMENTS AND TRANSFERS
SEC. 542. The Secretary may assign an alien clerk or employee to a
position at any post, and any such clerk or employee may be transferred
from a position at one post to a position at another as the interests of
the Service may require.
PART F-CONSULAR AGENTS
SEC. 551. The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
PART G-ASSIGNMENT OF PERSONNEL BY THE WAR AND NAVY
DEPARTMENTS
AS COURIERS AND INSPECTORS OF BUILDINGS
SEC. 561. The Secretaries of War and Navy are authorized, upon the
request of the Secretary, to assign or detail military and naval per-
sonnel serving under their supervision for duty as inspectors of build-
ings owned or occupied abroad by the United States or as inspectors
or supervisors of buildings under construction or repair abroad by or
for the United States, or for duty as couriers of the Department; and,
when so assigned or detailed, they may receive the same traveling
expenses as are authorized for officers of the Service, payable from
applicable appropriations of the Department. Such assignments or
details may, in the discretion of the head of the department concerned,
be made without reimbursement from the Department of State.
AS CUSTODIANS
SEC. 562. The Secretary of the Navy is authorized, upon request of
the Secretary of State, to assign enlisted men of the Navy and the
Marine Corps to serve as custodians under the supervision of the prin-
cipal officer at an embassy, legation, or consulate.
oft
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PART H-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
ASSIGNMENTS TO ANY GOVERNMENT AGENCY
SEC. 571. (a) Any officer or employee of the Service may, in the
discretion of the Director General, be assigned or detailed for duty
in any Government agency, such an assignment or combination of
assignments to be for a period of not more than four years. He may
not again be assigned for duty in a Government agency until the
expiration of a period of time equal to his preceding tour of duty on
such assignment or until the expiration of two years, whichever is the
shorter.
(b) A Foreign Service officer may be appointed as Director General
or Deputy Director General, notwithstanding the provisions of the
last sentence of paragraph (a) of this section, but any such officer
may not serve loner than four years in such position or positions and
upon the completion of such service may not again be assigned to a
position in the Department until the expiration of a period of time
equal to his tour of duty as Director General or Deputy Director
General or until the expiration of two years, whichever is shorter.
(c) If a Foreign Service officer shall be appointed by the President,
by and with the advice and consent of the Senate, to a position in the
Department, the period of his service in such capacity shall be. con-
strued as constituting an assignment for duty in the Department
within the meaning of paragraph (a) of this section and such person
shall not, by virtue of the acceptance of such an assignment, lose his
status as a Foreign Service officer. Service in such a position shall not,
however, be subject to the limitations concerning the duration of an
assignment or concerning reassignment contained in that paragraph.
(d) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the salary such of icer or employee is entitled
to receive as an officer or employee of the Service, such officer or
employee shall, during the period such difference in salary exists,
receive the salary of the position in which he is serving in lieu of his
salary as an officer or employee of the Service. Any salary paid under
the provisions of this section shall be paid from appropriations made
available for the payment of salaries of officers and employees of the
Service and shall be the salary on the basis of which computations and
payments shall be made in accordance with the provisions of title
VIII.
OO31PULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL
UNITED STATES
SEC. 572. Every Foreign Service officer shall, during his first fifteen
years of service in such capacity, be assigned for duty in the continental
United States in accordance with the provisions of section 571 for
periods totaling not less than three years.
ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
SEC. 573. (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
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service ; and any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within the
meaning of section 571.
(b) Any officer or employee of the Service may be assigned or
detailed for special instruction or training at or with public or private
nonprofit institutions - trade, labor, agricultural, or scientific associa-
tions; or commercial firms.
ASSIGNMENT TO TRADE, LABOR, AGRICULTURAL, SCIENTIFIC, OR
OTIIER CONFERENCES
SEC. 574. An officer or employee of the Service may, in the discretion
of the Secretary, be assigned or detailed for duty with domestic or
international trade., labor, agricultural scientific, or other conferences,
congresses, or gatherings, including those whose place of meeting is
in the continental United States; or for other special duties, including
temporary details under commission not at his post or in the
Department.
ASSIGNMENTS TO FOREIGN GOVERNMENTS
SEC. 575. The Secretary may, in his discretionn, assign or detail an
officer or employee of the Service for temporary service to or in coopera-
tion with the government of another country in accordance with the
provisions of the Act of May 25, 1938, as amended (52 Stat. 442; 53
Stat. 652; 5 U. S. G. 118e).
ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS
SEc. 576. The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in coopera-
tion with an international organization in which the United States
participates under the same conditions as those governing the assign-
ment or detail of officers or employees of the Service to the government
of another country in accordance with the provisions of the Act of
May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5 U. S. C. 118e).
ASSIGNMENT OR DETAIL TO THE UNITED STATES NOT TO AFFECT PERSONNEL Alb
CEILINGS
SEC. 577. An officer or employee of the Service assigned or detailed
to the continental United States in accordance with the provisions of
this Act shall not be counted as a civilian employee within the meaning
of section 607 of the Federal Employees' Pay Act of 1945, as amended
by section 14 of the Federal Employees' Pay Act of 1946..
TITLE VI.-PERSONNEL ADMINISTRATION
PART A-DEFINITIONS
SEC. 601. For the purposes of this title-
(1) "Efficiency record' is the term which describes those materials
considered by the Director General to be pertinent to the preparation
of an evaluation of the performance of an officer or employee of the
Service.
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(2) "Efficiency report" is the term which designates the analysis
of the performance of an officer or employee made by his supervising
officer or by a Foreign Service inspector in accordance with such
regulations as may be prescribed by the Secretary.
RESPONSIBILITY OF THE DIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS
SEC. 611. The Director Genera], acting under the general direction
of the Board of the Foreign Service, shall be responsible for the
keeping of accurate and impartial efficiency records. Under his direc-
tion there shall be assembled, recorded, and preserved all available
information in regard to the character, ability, conduct, quality of
work, industry, experience, dependability, and general usefulness of
all officers and employees of the Service, including the reports of For-
eign Service inspectors and the efficiency reports of supervising officers.
The Director General shall undertake such statistical and other
analyses as may be necessary to develop the validity and reliability
of efficiency reporting forms and procedures.
SEC. 612. The correspondence and records of the Department relat-
ing to the officers and employees of the Service, including efficiency
records as defined in section 601 (1) but not including records per-
taining to the receipt, disbursement, and accounting for public funds,
shall be confidential and subject to inspection only by the President,
the Secretary, the Under Secretary, the Counselor of the Department
the legislative and appropriations committees of the Congress charges
with considering legislation and appropriations for the Service or
representatives duly authorized by such committees, the members of
the Board of the Foreign Service, the Director General, and such
officers and employees of the Government as may be assigned by the
Secretary to work on such records. Under such regulations as the
Secretary may prescribe and in the interest of efficient personnel
administration, the whole or any portion of an efficiency record shall,
upon written request, be divulged to the officer or employee to whom
such record relates.
PART C--PROMOTION OF FOREIGN SERVICE OFFICERS AND FOREIGN
SERVICE RESERVE OFFICERS
SEC. 621. All promotions of Foreign Service officers shall be made
by the President, in accordance with such regulations as he may pre-
scribe, by appointment to a higher class, by and with the advice and
consent of the Senate. Promotion shall be by selection on the basis
of merit.
SEC. 622. The Secretary shall, by regulation, determine the minimum
period Foreign Service officers must serve in each class and a standard
for performance for each class which they must meet in order to
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a
become eligible for promotion to a higher class. In the event the
Director General shall certify to the Board of the Foreign Service
that a Foreign Service officer has rendered extraordinarily meritorious
service, the Board of the Foreign Service may recommend to the
Secretary that such officer shall not be required to serve such minimum
period in class as a prerequisite to promotion, and the Secretary may
exempt such officer from such requirement.
SEC. 623.-The Secretary is authorized to establish, with the advice
of the Board of the Foreign Service, selection boards to evaluate the
performance of Foreign Service officers, and upon the basis of their
findings the Secretary shall make recommendations to the President
for the promotion of Foreign Service officers. No person assigned to
serve on any such board shall serve in such capacity for any two con-
secutive years. Alk
SEC. 624. Any Reserve officer may receive promotions from one class
to a next higher class in accordance with regulations prescribed by
the Secretary.
IN-CLASS PROMOTIONS OF FOREIGN SERVICE OFFICERS AND RESERVE OFFICERS
SEC. 625. Any Foreign Service officer or any Reserve officer, whose
services meet the standards required for the efficient conduct of the
work of the Foreign Service and who shall have been in a given class
for a continuous period of nine months or more, shall, on the first
day of each fiscal year, receive an increase in salary to the next
higher rate for the class in which he is serving. The Secretary is
authorized to grant to a Foreign Service officer or a Reserve officer,
in any class, additional increases in salary within the salary range
established for the class in which he is serving, based upon especially
meritorious service.
FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS
SEC. 631. Any Foreign Service officer who is a career minister,
other than one occupying a position as chief of mission, shall, upon
reaching the age of sixty-five, be retired from the Service and
receive retirement benefits in accordance with the provisions of section
821, but whenever the Secretary shall determine an emergency to
exist, he may, in the public interest, extend such an officer's service
for a period not to exceed five years.
FOREIGN SERVICE OFFICERS WHO ARK NOT CAREER MINISTERS
SEC. 632. Any :Foreign Service officer who is not a career minister
shall, upon reaching the age of sixty, be retired from the Service
and receive retirement benefits in accordance with the provisions of
section 821 but when the Secretary shall determine an emergency
to exist, he may, in the public interest, extend such an officer's service
for a period not to exceed five years.
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FOREIGN SERVICE OFFICERS IN CLASSES 2 AND 3
SEC. 633. The Secretary shall prescribe the maximum period during
which Foreign Service officers in classes 2 or 3 shall be permitted
to remain in such classes without promotion. Any officer who does
not receive a promotion to a higher class within that period shall be
retired from the Service and receive retirement benefits in accordance
with the provisions of section 821.
FOREIGN SERVICE OFFICERS IN CLASSES 4 AND 5
SEC. 634. (a) The Secretary shall prescribe the maximum period
during which Foreign Service officers in classes 4 or 5 shall be per-
mitted to remain in such classes without promotion. Any officer
who does not receive a promotion to a higher class within that period
shall be retired from the Service and receive benefits as follows :
(1) One-twelfth of a year's salary at his then current salary rate
for each year of service and proportionately for a fraction of a year,
payable without interest, in three equal installments on the l st day of
January following the officer's retirement and on the two anniver-
saries of this date immediately following; and
(2) A refund of the contributions made to the Foreign Service
Retirement and Disability Fund, with interest thereon at 4 per centum,
compounded annually, except that in lieu of such refund such officer
may elect to receive retirement benefits on reaching the age of sixty-two,
in accordance with the provisions of section 821. In the event that
an officer who was separated from class 4 and who has elected to receive
retirement benefits dies before reaching the age of sixty-two, his death
shall be considered a death in service within the meaning of section 832.
In the event that an officer who was separated from class 5 and who
has elected to receive retirement benefits dies before reaching the age of
sixty-two, the total amount of his contributions made to the Foreign
Service Retirement and Disability Fund, with interest thereon at 4
per centum, compounded annually, shall be paid in accordance with
the provisions of section 841.
(b) Notwithstanding the provisions of section 3477 of the Revised
Statutes (31 U. S. C. 203) or the provisions of any other law, a
`sue Foreign Service officer who is retired in accordance with the pro-
visions of this section shall have the right to assign to any person or
corporation the whole or any part of the benefits receivable by him
pursuant to paragraph (a) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury by
the officer executing the assignment.
FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 6
SEC. 635. Any Foreign Service officer in class 6 shall occupy pro-
bationary status. The Secretary may terminate his service at any
time.
VOLUNTARY RETIREMENT
SEC. 636. Any Foreign Service officer who is at least fifty years of
age and has rendered twenty years of service, including service within
the meaning of section 853, may on his own application and with the
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consent of the Secretary be retired from the Service and receive
benefits in accordance with the provisions of section 821.
SEC. 637. (a) The Secretary may, under such regulations as he may
prescribe, separate from the Service any Foreign Service officer above
class 6 on account of the unsatisfactory performance of his duties;
but no such officer shall be so separated from the Service until he shall
have been granted a hearing by the Board Qf the Foreign Service and
.the unsatisfactory performance of his duties shalt have been established
at such hearing.
(b) Any Foreign Service officer over forty-five years of age, sep-
arated from the Service in accordance with the provisions of para-
graph (a) of this section, shall be retired upon an annuity computed
in accordance with the provisions of section 821 but not in excess
of 25 per centum of his per annum salary at the time of his separation.
(c) Any Foreign Service officer under forty-five years of age,
separated from the Service in accordance with the provisions of para-
graph (a) of this section, shall at the time of separation receive a
payment equal to one year's salary or the refund of the contributions
made by him to the Foreign. Service Retirement and Disability Fund,
whichever shall be greater.
(d) Any payments made in accordance with the provisions of this
section shall be made out of the Foreign Service Retirement and
Disability Fund.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 638. The Secretary shall separate from the Service any Foreign
Service officer or Reserve officer who shall be guilty of misconduct or
malfeasance in office, but no such officer shall be so separated from the
Service until he shall have been granted a hearing by the Board of
the Foreign Service and his misconduct or malfeasance shall have been
established at such hearing. Any officer separated from the Service
in accordance with the provisions of this section shall not be eligible
to receive the benefits provided by title VIII of this Act, but his
contributions to the Foreign Service Retirement and Disability Fund
shall be returned to him in accordance with the, provisions of section
841 (a).
PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
CLASS PROMOTION OF STAFF PERSONNEL
SEC. 641. Any staff officer or employee may, in accordance with
uniform procedures established in regulations prescribed by the Sec-
retary, upon demonstration of ability to assume duties of greater
responsibility, be promoted. to a vacant position in a higher class at
the same or at a higher rate of salary.
IN-CLASS PROMOTIONS OF STAFF OFFICERS AND EMPLOYEES
SEC. 642. In-class promotions of staff officers and employees shall
be granted in accordance with regulations prescribed by the Secretary.
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PART F-SEPARATION OF STAFF OFFICERS AND EMPLOYEES
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 651. The Secretary may, under such regulations as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he
shall have been granted a hearing by the Board of the Foreign Service
and the unsatisfactory performance of his duties shall have been estab-
lished at such hearing.
FOR MISCONDUCT OR MAIFEASANCE
SEC. 652. The Secretary shall separate from the Service any staff
officer or employee who shall be guilty of misconduct or malfeasance
in office, but no such officer or employee shall be so separated from
the Service until he shall have been granted a hearing by the Board
.,r of the Foreign Service and his misconduct or malfeasance shall have
been established at such hearing.
PART G-PROMOTION AND SEPARATION OF ALIEN CLERKS AND
EMPLOYEES
SEC. 661. Alien clerks and employees shall receive promotions from
one class to a higher class and in-class promotions in accordance with
regulations prescribed by the Secretary.
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 662. The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 663. The Secretary shall separate from the Service any alien
clerk or employee who shall be found guilty of misconduct or
malfeasance.
PART 11-SEPARATION OF CONSULAR AGENTS
SEC. 671. The Secretary may, under such regulations as he may
prescribe, separate any consular agent from the Service on account
of-
(a) the unsatisfactory performance of his duties; or
(b) misconduct or malfeasance.
PART I-INSPECTIONS
SEC. 681. The Secretary shall assign or detail Foreign Service offi-
cers as Foreign Service inspectors to inspect in a substantially uniform
manner and at least once every two years the work of the diplomatic
and consular establishments of the United States. Whenever the
Secretary has reason to believe that the business of a consulate is not
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being properly conducted and that it is necessary in the public interest,
he may authorize any Foreign Service inspector to suspend the
principal officer or any subordinate consular officer and to administer
the office in the place of the principal officer for a. period not exceeding
ninety days. The Secretary may also authorize a Foreign Service
inspector to suspend any diplomatic officer except a chief of mission.
A Foreign Service inspector shall have the authority to suspend any
other officer or employee of the Service.
TITLE VII--TIM, FOREIGN SERVICE INSTITUTE
ESTABLISHMENT OF THE INSTITITTE
SEC. 701. The Secretary shall, in order to furnish training and
instruction to officers and employees of the Service and of the Depart-
ment, and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute.
THE DIRECTOR OF THE INSTITUTE-APPOINTMENT, SALARY, AND DUTIES
SEC. 702. The head of the Institute, who shall be known as its
Director, shall be appointed by the Secretary. The Director shall,
under the general supervision of the Director General and under such
regulations as the Secretary may prescribe, establish the basic pro-
cedures to be followed by the Institute; plan and provide for the
general nature of the training and instruction to be furnished at the
Institute; correlate the training and instruction to be furnished at
the Institute with the training activities of the Department and other
Government agencies and with courses given at private institutions
that are designed or may serve to furnish training and instruction to
officers and employees of the Service; encourage and foster such pro-
grams outside of the Institute as will be complementary to those of
the Institute; and take such other action as may be required for the
proper administration of the Institute.
AID TO NONPROFIT INSTITUTIONS
SEC. 703. The Secretary may, within the limits of such appropria-
tions as may be made specifically therefor, make grants or furnish such
other gratuitous assistance as he may deem necessary or advisable to
nonprofit institutions cooperating with the Institute in any of the
programs conducted. by the Director by authority of this title.
APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITUTE
SEC. 704. (a) The Secretary may appoint to the faculty or staff of
the Institute on a full.- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-service laws and regulations and the
Classification Act of 1923, as amended except that, when deemed nec-
essary by the Secretary for the effective administration of this title,
personnel may be appointed without regard to such laws and regula-
tions, but any person so appointed shall receive a salary at one of the
rates provided by the Classification Act of 1923, as amended. All
oft
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appointments to the faculty or staff of the Institute shall be made
without regard to political affiliations and shall be made solely on the
basis of demonstrated interest in, and capacity to promote, the purposes
of the Institute.
(b) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail officers and employees
of the Service to serve on'the faculty or staff of the Institute or to
receive training at the Institute.
(c) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail any officer or employee
of the Department, and, with the consent of the head of the Government
agency concerned, any other officer or employee of the Government, to
serve on the faculty or staff of the Institute, or to receive training.
During the period of his assignment or detail, such officer or employee
shall be considered as remaining in the position from which assigned.
(d) It shall be the duty of the Director to make recommendations
to the Secretary with regard to the appointment, assignment, or
detail of persons to serve on the faculty or staff of the Institute,
and the Secretary shall in each case take such recommendations into
consideration in making such appointments, assignments, or details.
INSTRUCTION AND EDUCATION AT OTHER LOCALITIES THAN THE INSTITUTE
SEC. 705. The Secretary may, under such regulations as he may
prescribe, pay the tuition and other expenses of officers and employees
of the Service, assigned or detailed in accordance with the provisions
of section 573 (b) for special instruction or trainin at or with public
or private nonprofit institutions, trade, labor, agricultural, or scientific
associations, or commercial firms.
SEC. 706. The Secretary may accept, receive, hold, and administer
gifts, bequests, or devises of money, securities, or property made for
the benefit of, or in connection with, the Foreign Service Institute
in accordance with part C of title X.
ACQUISITION OF REAL PROPERTY FOR THE INSTITUTE
SEC. 707. The Secretary may, in the name of the United States,
acquire such real property as may be necessary for the operation
and maintenance of the Institute and, without regard to section 3709
of the Revised Statutes, such other property and equipment as may
be necessary for its operation and maintenance.
TITLE VIII-THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM
SEC. 801. (a) The President may prescribe rules and regulations
for the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereafter as the System.
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(b) The Secretary shall administer the System in accordance with
such rules and regulations and with the principles established by this
Act.
MAINTENANCE OF FUND
SEC. 802. The Secretary of the Treasury shall maintain the special
fund, known as the Foreign Service Retirement and Disability Fund,
referred to hereafter as the Fund, originally constituted by section 18
of the Act of May 24, 1924 (43 Stat. 144).
SEc. 803. (a) The following persons, hereafter referred to as par-
ticipants, shall be entitled to the benefits of the System :
1) All Foreign Service officers;
(2) All other persons making contributions to the Fund on the
effective date of this Act;
(3) Any chief of mission who is not otherwise entitled to be a
participant and who fulfills the conditions of paragraph (b) of this
section ;
(b) A person to become a articipant in accordance with the pro-
visions of paragraphs (a) (3) of this section Inust-
(1) have served as chief of mission for an aggregate period
of twenty years or more, exclusive of extra service credit in
accordance with the provisions of section 853; and
(2) have paid into the Fund a special contribution equal to $
per centum of his basic salary for each year of such service with
interest thereon to date of payment, compounded annually at 4
per centum.
SEc. 804. Annuitants shall be persons who are receiving annuities
from the Fund on the effective date of this Act, persons who shall
become entitled to receive annuities in accordance with the provisions
of sections 519, 631, 632, 633, 634, 636, 637, 831, 832, and 833, and all
widows and beneficiaries of participants who fire entitled to receive
annuities in accordance with the terms of this title.
PART 13-COMPULSORY CONTRIBUTIONS
SEc. 811. (a) Five per centum of the basic salary of all participants
shall be contributed to the Fund, and the Secretary of the Treasury
is directed to cause such deductions to be made and the sums trans-
ferred on the books of the Treasury Department to the credit of the
Fund for the payment of annuities, cash benefits, refunds, and
allowances.
(b) All basic salaries in excess of $13,500 per annum shall be treated
as $13,500 for the purposes of this title.
Purr C-COMPUTATION OF ANNUITIES
SEc. 821. (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary, not exceeding $13,500 per annum,
for the five years next preceding the date of his retirement multi-
plied by the number of years of service, not exceeding thirty years.
In determining the aggregate period of service upon which the
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annuity is to be based, the fractional part of a month, if any, shall
not be counted.
(b) At the time of his retirement, a participant, if the husband of
a wife to whom he has been married for at least three years or who
is the mother of issue by such marriage, may elect to receive a
reduced annuity for himself and to provide for an annuity payable
to-his widow, commencing on the date following his death and con-
tinuing as long as she may live. The annuity payable to his widow
shall in no case exceed 25 per centum of his average basic salary for
the five years next preceding his retirement or 662/3 per centum
of his reduced annuity. If the age of the participant is less than
the age of the wife or exceeds her age by not more than eight years,
the annuity of the participant will be reduced by an amount equal
to one-half of the annuity which he elects to have paid to his widow.
If the age of the participant exceeds the age of the wife by more
than eight years, the annuity of the participant will be reduced by
an amount equal to one-half the annuity which he elects to have paid
to his widow plus an additional reduction equal to 2 per centum of
such widow's annuity for each year, or fraction thereof, that the
difference in age exceeds eight. The participant may at his option
also elect to have his annuity reduced by an additional 5 per centum
of the amount which he elects to have paid to his widow, with a
provision that, from and after the death of his wife, if the par-
ticipant shall survive her, the annuity payable to the participant
shall be that amount which would have been payable if no option
had been elected.
(c) A participant who is not married at the time of his retirement
or who is married to a wife who is not entitled to an annuity in accord-
ance with the provisions of paragraph (b) of this section may elect to
receive a reduced annuity for himself and to provide for an additional
annuity payable after his death to a beneficiary whose name shall be
notified in writing to the Secretary at the time of his retirement and
who is acceptable to the Secretary. The annuity payments payable to
such beneficiary shall be either equal to the deceased participant's
reduced. annuity payments or equal to 50 per centum of such reduced
annuity payments and upon the death of the surviving beneficiary all
r.~ payments shall cease and no further annuity payments shall be due
or payable. The combined actuarial value of the two annuities on
the date of retirement as determined by the Secretary of the Treasury
shall be the same as the actuarial value of the annuity provided by
paragraph (a) of this section. No such election of a reduced annuity
payable to a beneficiary other than a child of the participant shall be
valid until the participant shall have satisfactorily passed a physical
examination as prescribed by the Secretary. Annuity payments pay-
able in accordance with the provisions of this section to a beneficiary
who is a child of a participant shall cease when the beneficiary reaches
the age of twenty-one years.
RETIREMENT FOR DISABILITY OR INCAPACITY-PHYSICAL EXAMINATION-
RECOVERY
SEC. 831. (a) Any participant who, after serving for a total period
of not less than five years, becomes totally disabled or incapacitated
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for useful and efficient service by reason of disease or injury incurred
in the line of duty but not due to vicious habits, intemperance, or will-
ful misconduct on his part, shall, upon his own application or upon
order of the Secretary, be retired on an annuity computed as pre-
scribed in section 821. If the disabled or incapacitated participant
has had less than twenty years of service at the time he is retired, his
annuity shall be computed on the assumption that he had had twenty
years of service.
(b) In each case such disability shall be determined by the report
of a duly qualified physician or surgeon, designated by the Secretary
to conduct the examination. Unless the disability is permanent, a like
examination shall be made annually until the annuitant has reached
the retirement age as defined in sections 631 and 632, and the payment
of the annuity shall cease from the date of a medical examination
showing recovery. Fees for examinations under this provision,
together with reasonable traveling and other expenses incurred in
order to submit to examination, shall be paid out of the Fund.
(c) When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his
contributions, with accrued interest, the difference shall be paid to
him or his legal representatives in the order of precedence prescribed
in section 841.
SEC. 832. In case a participant shall (lie without bavi:ng estab-
lished a valid claim for annuity, the total amount of his contributions
with interest thereon at 4 per centum per annum, compounded on
June 30 of each year., except as provided in section 881 and as here-
inafter provided in this section, shall be paid to his legal representa-
tives in the order of precedence given under section 841 upon the estab-
lishment of a valid claim therefor. If the deceased participant
rendered at least five years of service, and is survived by a widow
to whom he was married for at least three years, or who is the mother
of issue by such marriage, such widow shall be paid an annuity equal
to the annuity which she would have been entitled to receive if her
husband had been retired on the date of his death and had elected to
receive a reduced joint and survivorship annuity, computed as pre-
scribed. in section 821, providing the maximum annuity for his widow,
unless prior to the date of his death he shall have elected, in lieu of
such widow's annuity, and with the approval of the Secretary to
have his deductions returned with interest as provided in the Hirst
sentence of this section covering participants dying without having
established a valid claim for annuity. If the deceased participant
had had less than twenty years of service at the time of his death,
the annuity payable to his widow shall be compute6l on the assumption
that he had had twenty years of service.
RETIREMENT OF PERSONS WHO ARE PARTICIPANTS UNDER SECTION
803 (A) (3)
SEC. 833. (a) Any person who is a participant, has at least twenty
years of service to his credit, and has reached the age of fifty years,
but is not a Foreign Service officer at the time he is retired in accord-
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ante with the provisions of law governing retirement in the position
that he occupies, shall be entitled to an annuity computed as pre-
scribed in section 821.
(b) Any person who is a participant in accordance with the pro-
visions of section 803 (a) (3) shall be entitled to voluntary retirement
to the same extent and subject to the same conditions as a Foreign
Service officer.
PART E-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN ExCESS OF
BENEFITS RECEIVED
SEC. 841. (a) Whenever a -participant becomes separated from the
Service without becoming eligible for an annuity or a deferred annuity
in accordance with the provisions of this Act, the total amount of
contributions from his salary with interest thereon at 4 per centum
per annum, compounded annually up to the date of such separation,
except as provided in section 881, shall be returned to him.
(b) In the event that the total contributions of a retired partici-
pant, other than voluntary contributions made in accordance with the
provisions of section 881, with interest compounded annually at 4
per centum added thereto, exceed the total amount returned to such
participant or to an annuitant claiming through him, in the form of
annuities, accumulated at the same rate of interest up to the date the
annuity payments cease under the terms of the annuity, the excess of
the accumulated contributions over the accumulated annuity pay-
ments shall be paid in the following order of precedence, upon the
establishment of a valid claim therefor :
(1) To the beneficiary or beneficiaries designated by the retired
participant in writing to the Secretary ;
(2) If there be no such beneficiary, to the duly appointed executor or
administrator of the estate of the retired participant;
(3) If there be no such beneficiary, or executor or administrator,
payment may be made to such person or persons as may appear in the
judgment of the Secretary to be legally entitled thereto, and such pay-
ment shall be a ban to recovery by any other person.
(c) No payment shall be made pursuant to paragraph (b) (3) of
this section until after the expiration of thirty days from the death
of the retired participant or his surviving annuitant.
PART F-PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
SEC. 851. For the purposes of this title, the period of service of a
participant shall be computed from the effective date of appointment
as Foreign Service officer, or, if appointed prior to July 1, 1924, as
diplomatic secretary, consul general, consul, vice consul, deputy con-
sul, consular assistant, consular agent, commercial agent, interpreter,
or student interpreter, and shall include periods of service at different
times as either a diplomatic or consular officer, or while on assignment
to the Department, or while on special duty or service in another
department or establishment of the Government, or while on any
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assignment in accordance with the provisions of part H of title V, but
all periods of separation from the Service and so much of any leaves
of absence as may exceed six months in the aggregate in any calendar
year shall be excluded, except sick leaves of absence for illness or
injury incurred in the line of duty, with or without pay, and leaves
of absences granted participants while performing active military
or naval service in the Army, Navy, Marine Corps, or Coast Guard of
the United States.
PRIOR SERVICE CREDIT
SEC. 852. (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) service performed as a civilian officer or employee of the
Government prior to becoming a participant; and
(2) active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
(b) A person may obtain credit for prior service by making a
special contribution to the Fund equal to 5 per centum of his annual
salary for each year of service for which credit is sought subsequent
to July 1, 1924, with interest thereon to date of payment compounded
annually at 4 per centum. Any such participant may, under such
conditions as may be determined in each instance by the Secretary, pay
such special contributions in installments during the continuance of
his service.
(c) Nothing in this Act shall be construed so as to affect in any
manner a participant's right to retired pay, pension, or compensation
in addition to the annuities herein provided, but no participant may
obtain prior service credit toward an annuity under the Foreign Serv-
ice Retirement and Disability System for any period of service,
whether in a civilian or military capacity, on the basis of which he
is receiving or will in the future be entitled to receive any annuity
peiasion, or other retirement or disability payment or allowance.
EXTRA SERVICE CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
SEC. 853. The President may from time to time establish a list
of places which by reason of climatic or other extreme conditions
are to be classed as unhealthful posts, and each year of duty subse-
quent to January 1, 1900, at such posts inclusive of regular leaves
of absence, of participants thereafter retired, shall be counted as one
year and a half, and so on in like proportion in reckoning the length
of service for the purpose of retirement, fractional months being
considered as full months in computing such service. The :President
may at any time cancel the deigiiation of any places as unhealthful
without affecting any credit which has accrued for service at such
posts prior to the date of the cancellation.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 854. Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
forming active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
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ESTIMATE OF APPROPRIATIONS NEEDED
SEC. 861. The Secretary of the Treasury shall prepare the esti-
mates of the annual appropriations required to be made to the
Fund, and shall make actuarial valuations of such funds at intervals
of five years, or oftener if deemed necessary by him. The Secretary
of State may expend from money to the credit of the Fund an amount
not exceeding $5,000 per annuin for the incidental expenses necessary
in administering the provisions of this title, including actuarial
advice.
ANNUAL REPORT TO CONGRESS
SEC. 862. The Secretary shall submit annually to the President
and to the Congress a comparative report showing the condition of
the Fund and estimates of appropriations necessary to continue this
title in full force.
INVESTMENT OF MONEYS IN THE FUND
SEC. 863. The Secretary of the Treasury shall invest from time to
time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required
for the payment of annuities, cash benefits, refunds, and allowances,
and the income derived from such investments shall constitute a part
of such Fund.
ATTACHMENT OF MONEYS
SEC. 864. None of the moneys mentioned in this title shall be
assignable either in law or equity, or be subject to execution, levy,
attachment, garnishment, or other legal process, except as provided
in section 634 (b).
PART 11-OFFICERS REINSTATED IN THE SERVICE
SEC. 871. A Foreign Service officer, reinstated in the Service in
accordance with the provisions of section 520 (b) shall, while so
serving, be entitled in lieu of his retirement allowance to the full
pay of the class in which he is temporarily serving. During such
service, he shall make contributions to the Fund in accordance with
the provisions of section 811. If the annuity he was receiving prior
to his reinstatement in the Service was based on less than thirty
years of service credit, the amount of his annuity when he reverts to
the retired list shall be recomputed on the basis of his total service
credit.
PART I-VOLUNTARY CONTRIBUTIONS
SEC. 881. (a) Any participant may, at his option and under such
regulations as may be prescribed by the President, deposit additional
sums in multiples of 1 per centum of his basic salary, but not in
excess of 10 per centum of such salary, which amounts together with
interest at 3 per centum per annum, compounded on June 30 of each
year shall, at the date of his retirement and at his election, be-
(1) returned to him in a lump sum ; or
(2) used to purchase an additional life annuity ; or
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(3) used to purchase. an additional life annuity for himself and
to provide for a cash payment on his death to a beneficiar whose
name shall be notified in writing to the Secretary by the par-
ticipant; or
(4) used to purchase an additional life annuity for himself and
a life annuity commencing on his death payable to a beneficiary
whose name shall be notified in writing to the Secretary by the
participant with a guaranteed return to the beneficiary or his
legal representative of an amount equal to the cash payment
referred to in pa:ragra.ph 3.
(b) The benefits provided by subparagraphs 2, 8, or 4 of paragraph
(a) of this section shall be actuarially equivalent in value to the pay-
ment provided for by paragraph (a)' (1) of this section and shall be
calculated upon such tables of mortality as may be from time to time
prescribed for this purpose by the Secretary of the Treasury.
(c) In case a participant shall become separated from the Service
for any reason except retirement on an annuity, the amount of any
additional deposits with interest at $ per centum per annum, com-
pounded annually, made by him under the provisions of this paragraph
shall be refunded in the manner provided in section 841 for the return
of contributions and :interest in the case of death or withdrawal from
active service.
(d) Any benefits payable to an officer or to his beneficiary in respect
to the additional deposits provided under this paragraph shall be in
addition to the benefits otherwise provided under this title.
TITLE IX--ALLOWANCES AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS
QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCES
SEC. 901. In accordance with such regulations as the President may
prescribe and notwithstanding the provisions of section 1765 of the
Revised Statutes (5 U. S. C. 70), the Secretary is authorized to grant
to any officer or employee of the Service who is a citizen of the United
States--
(1) allowances, wherever Government owned or rented quar-
ters are not available, for living quarters, heat, light fuel, gas,
and electricity, including allowances for the cost of lodging at
temporary quarters, incurred by an officer or employee of the
Service and the members of his family upon first arrival at a
new post, for a period not in excess of three months after such first
arrival or until the occupation of residence quarters, whichever
period shall be shorter, up to but not in excess of the aggregate
amount of the per diem that would be allowable to such officer
or employee for himself and the members of his family for such
period if they were in travel status;
(2) cost-of-living allowances, whenever the Secretary shall
determine-
(i) that the cost of living at a post abroad is proportion-
ately so high that an allowance is necessary to enable an officer
or employee of the Service at such post to carry on his work
efficiently;
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(ii) that extraordinary and necessary expenses, not other-
wise compensated for, are incurred by an officer or employee
of the Service incident to the establishment of his residence
at his post of assignment;
(iii) that an allowance is necessary to assist an officer or
employee of the Service who is compelled by reason of dan-
gerous, notably unhealthful .or excessively adverse living
conditions at his post abroad or for the convenience of the
Government to meet, the additional expense of maintaining his
wife and minor children elsewhere than in the country of his
assignment;
(3) allowances in order to provide for the proper representa-
tion of the United States by officers or employees of the Service.
ALLOTMENT FOR OFFICIAL RESIDENCE OF CHIEF AMERICAN REPRESENTATIVE
SEC. 902. The Secretary may, under such regulations as he may
prescribe, make an allotment of funds to any post to defray the unusual
expenses incident to the operation and maintenance of an official resi-
dence suitable for the chief representative of the United States at
that post.
SEC. 903. All such allowances and allotments shall be accounted for
to the Secretary in such manner and under such rules and regulations
as the President may prescribe. The Secretary shall report all such
expenditures annually to the Congress with the budget estimates of
the Department.
SEC. 911. The Secretary may, under such regulations as he shall
prescribe, pay-
(1) the travel expenses of officers and employees of the Service,
including expenses incurred while traveling pursuant to orders
issued by the Secretary in accordance with the provisions of
section 933 with regard to the granting of home leave;
(2) the travel expenses of the members of the family of an
officer or employee of the Service when proceeding to or returning
from his post of duty; accompanying him on authorized home
leave; or otherwise traveling in accordance with authority granted
pursuant to the terms of this or any other Act;
(3) the cost of transporting the furniture and household and
personal effects of an officer or employee of the Service to his
successive posts of duty and, on the termination of his services,
to the place where he will reside;
(4) the cost of storing the furniture and household and per-
sonal effects of an officer or employee of the Service who is absent
under orders from his usual post of duty, or who is assigned
to a post to which, because of emergency conditions he cannot
take or at which he is unable to use, his furniture ands household
and personal effects;
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(5) the cost of storing the furniture and household and per-
sonal effects of an officer or employee of the Service on first arrival
at a post for a period not in excess of three months after such
first arrival at such post or until the establishment of residence
quarters, whichever shall be shorter;
(6) the travel expenses of the members of the family and the
cost of transporting the' personal effects and automobile of an
officer or employee of the Service, whenever the travel of such
officer or employee is occasioned by changes in the seat of the
government whose capital is his post;
(7) the travel expenses and transportation costs incident to the
removal of the members of the family of an cfficer or employee of
the Service and his furniture and household and personal effects,
including automobiles, from a post at which, because of the preva-
lence of disturbed conditions, there is imminent danger to life and
property, and the return of such persons, furniture, and effects
to such post upon the cessation of such conditions; or to such other
post as may in the meantime have become the post to which such
officer or employee has been assigned.
(8) the cost of preparing and transporting to their former
homes in the continental United States or to a place not more
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status.
LOAN OF HOUSEHOLD EQUIPMENT
SEc. 912. The Secretary may, if he shall find it in the interests of the
Government to do so as a means of eliminating transportation costs,
provide officers and employees of the Service with household equipment
for use on a loan basis in personally owned or leased residences.
TRANSPORTATION OF AUTOMOBILES;
SEc. 913. The Secretary may notwithstanding the provisions of any
other :law, transport for or on behalf of an officer or employee of the
Service, a privately owned automobile in any case where he shall deter-
mine that water, rail, or air transportation of the automobile is neces-
sary or expedient for any part or of all the distance between points
of origin and destination.
PART C-COMMISSARY SERVICE
SEC. 921. The Secretary may, under such regulations as he may
prescribe, and pursuant to appropriations therefor, establish and
maintain emergency commissary or mess services in such places abroad
where, in his judgment, such services are necessary temporarily to
insure the effective and efficient performance of the duties and re-
sponsibilities of the Service, such services to be available to the officers
and employees of all Government agencies located in any st;ch places
abroad.. Reimbursements incident to the maintenance and operation
of commissary or mess service shall be at not less than cost as deter-
mined by the Secretary and shall be used as working funds : ,Provided,
That each year an amount equal to the amount of the appropriation
AWA
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for such service shall be covered into the Treasury as miscellaneous
receipts not later than six months after the close of the fiscal year for
which any such appropriation is made.
PART D-LEAVES OP ABSENCE
ANNUAL LEAVE
SEC. 931. (a) The Secretary may, in his discretion and in accord-
ance with such regulations as he may prescribe, grant an officer or
employee of the Service who is a citizen of the United States not to
exceed sixty calendar days' annual leave of absence with pay.
(b) Where an officer or employee on leave returns to the continental
United States, the leave of absence granted pursuant to the pro-
visions of paragraph (a) of this section shall be exclusive of the time
actually and necessarily occupied in going to and from the continental
United States, and such time as may be necessarily occupied in
-ew awaiting sailing or flight.
(c) Any part of the sixty days' annual leave which an officer or
employee may receive and which is not used in any one year shall
be accumulated for succeeding years until it totals one hundred and
eighty days.
(d) The Secretary may in his discretion and subject to such regu-
lations as he may prescribe, grant to an employee of the Service who
is not a citizen of the United States thirty calendar days' annual leave
with pay each calendar year. Any part of the thirty days' leave not
used in any year shall be accumulated for succeeding years until it
totals not exceeding sixty days.
SICK LEAVE
SEC. 932. The Secretary may in his discretion and subject to such
regulations as he may prescribe grant an officer or employee of the
Service sick leave with pay at the rate of fifteen calendar days each
calendar year. Any part of the fifteen days' sick leave not used or
availed of in any year shall be accumulated for succeeding years until
it totals one hundred and twenty days.
N%wl ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES OF ABSENCE
SEC. 933. (a) The Secretary shall order to the continental United
States on statutory leave of absence every officer and employee of the
Service who is a citizen of the United States upon completion of two
years' continuous service abroad or as soon as possible thereafter.
(b) While in the continental United States on leave, the service
of any officer or employee shall be available for such work or duties
in the Department or elsewhere as the Secretary may prescribe, but
the time of such work or duties shall not be counted as leave.
RESERVE OFFICERS ASSIGNED TO THE SERVICE
SEC. 934. (a) A Reserve officer, assigned to the Service from any
Government agency shall, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
accordance with the provisions of part D of this title during the period
of his assignment.
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[PUB. LAW 724.1 34
(b) Under such regulations as the President may prescribe, a per-
son assigned to the Service as a Reserve officer from any Government
agency may, notwithstanding the provisions of the Act of December
21, 1944 (58 Stat. 845; 5 U. S. C. 61b), transfer to the Service any
annual or sick leave of absence standing to his credit at the time of
his assignment to the Service. On his return to the agency by which
he is regularly employed, he may transfer the aggregate of his accu-
mulated and current annual and sick leave to that agency but the
amount of leave so transferred shall not exceed the maximum which an
officer or employee of the agency to which he is returning may have to
his credit on the date of his return.
TRANSFER OF LEAVE OF ABSENCE
SEC. 935. Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept an appointment to the Service may
transfer to the Service any annual or sick leave of absence standing
to his credit at the time of his resignation from the Government
agency in which he was employed, but in no event shall the amount of
annual or sick leave of absence so transferred exceed the :maximum
amount of the annual or sick leave of absence which may be accu-
mulated in either the Service or the Government agency to which such
person is appointed, as the case may be.
EXPENSES OF TREATMENT
SEC. 941. The Secretary may, in the event of illness or injury requir-
ing hospitalization of an officer or employee of the Service who is
a citizen of the United States, not the result of vicious habits, intem-
perance, or misconduct on his part, incurred in the line of duty while
such person is assigned abroad, pay for the cost of the treatment of
such illness or injury at a suitable hospital or clinic.
TRANSPORTATION TO APPROVED HOSPITALS
SEC. 942. (a) The Secretary may, in the event of illness or injury
requiring the hospitalization of an officer or employee of the Service
who is a citizen of the United States, not the result of vicious habits,
intemperance, or misconduct on his part, incurred while on assignment
abroad, in a locality where there does not exist a suitable hospital or
clinic, pay the travel expenses of such officer or employee by whatever
means he shall deem appropriate and without regard to the Standard-
ized Government Travel Regulations and section 10 of the Act of
March 3, 1933 (47 Stat. 1516; 5 U. S. C. 73b), to the nearest locality
where a suitable hospital or clinic exists and on his recovery pay for
the travel expenses of his return to his post of duty. If the officer or
employee is too ill to travel unattended, the Secretary may also pay
the travel expenses of an attendant.
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(b) The Secretary may establish a first-aid station and provide for
the services of a nurse at a post at which, in his opinion, sufficient, per-
sonnel is employed to warrant such a station.
PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
SEC. 943. The Secretary shall, under such regulations as he may
prescribe, provide for the periodic physical examination of officers
and employees of the Service who are citizens of the United States,
including examinations necessary to establish disability or incapacity
in accordance with the provisions of section 831, and for the cost of
administering inoculations or vaccinations to such officers or
employees.
TITLE X-MISCELLANEOUS
PART A-PRoI-IIBITioNS
AGAINST UNIFORMS
SEC. 1001. An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except
such as may be authorized by law or such as a military commander
may require civilians to wear in a theater of military operations.
AGAINST ACCEPTING PRESENTS
SEC. 1002. An officer or employee of the Service shall not ask or,
without the consent of the Congress, receive, for himself or any other
person, any present, emolument, pecuniary favor, office, or title from
any foreign government. A chief of mission or other principal offi-
cer may, however, under such regulations as the President may pre-
scribe, accept gifts made to the United States or to any political
subdivision thereof by the government to which he is accredited or
from which he holds an exequatur.
AGAINST ENGAGING IN BUSINESS ABROAD
SEC. 1003. An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage
for profit in any profession in the country or countries to which he
is assigned abroad in his own name or in the name or through the
agency of any other person, except as authorized by the Secretary.
AGAINST CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENTS
SEC. 1004. (a) An officer or employee of the Service shall not cor-
respond in regard to the public affairs of any foreign government
except with the proper officers of the United States, except as
authorized by the Secretary.
(b) An officer or employee of the Service shall not recommend any
person for employment in any position of trust or profit under the
government of the country to which he is detailed or assigned, except
as authorized by the Secretary.
AGAINST POLITICAL, RACIAL, RELIGIOUS, OR COLOR DISCRIMINATION
SEC. 1005. In carrying out the provisions of this Act, no Political
test shall be required and none shall be taken into consideration, nor
shall there be any discrimination against any person on account of
race, creed, or color.
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PART B-Bo ms
SEC. 1011. Every secretary, consul general, consul, vice consul,
Foreign Service officer, and Foreign Service Reserve officer, and, if
required, any other officer or employee of the Service or of the
Department before he enters upon the duties of his office shall give
to the United States a bond in such form and in such pe:ial sum as
the Secretary shall prescribe, with such sureties as the Secretary
shall approve, conditioned without division of penalty for the true
and faithful performance of his duties, including (but not by way
of limitation) certifying vouchers for payment, accounting for, pay-
ing over, and delivering up of all fees, moneys, goods, effects, books,
records, papers, and other property that shall come to his hands or
to the hands of any other person to his use as such officer or employee
under any law now or hereafter enacted and for the true and faith-
ful performance of all other duties now or hereafter lawfully imposed
upon him as such officer or employee, and such. bond shall be con-
strued to be conditioned for the true and faithful performance of
all official duties of whatever character now or hereafter lawfully
imposed upon him, or by him assumed incident, to his employment
as an officer or employee of the Government. Notwithstanding any
other provisions of law, upon approval of any bond given pursuant
to this Act, the principal shall not be required to give another sep-
arate bond conditioned for the true and faithful performance of
only a part of the duties for which the bond given pursuant to this
Act is conditioned. The bond of an officer or employee of the Service
shall be construed to be conditioned for the true and faithful per-
formance of all acts of such officer incident to his office regardless
of whether appointed or commissioned as diplomatic, consular,
Foreign Service officer, or other officer of the Service. The bonds
herein mentioned shall be deposited with the Secretary of the Treas-
ury. Nothing herein contained shall be deemed to obviate the neces-
sity of furnishing any bond which may be required pursuant to the
provisions of the Subsistence Expense Act of 1926, as amended
(44 Stat. 688; 47 Stat. 405; 56 Stat. 39; 5 U. S. C. 821-823, 827-833).
BART C-Gsrrs
SEC. 1021. (a) The Secretary may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
of the Service or for. the carrying out of any of its functions. Con-
ditional gifts may be so accepted if recommended by the Director
General, and the principal of and income from any such conditional
gift shall be held, invested, :reinvested, and used in accordance with
its conditions, but no gift shall be accepted which is conditioned
upon any expenditure not to be met therefrom or from the income
thereof unless such expenditure has been approved. by Act of Congress.
(b) Any unconditional gift of money accepted pursuant to the
authority granted in paragraph (a) of this section, the net proceeds
from the liquidation (pursuant to paragraph (c) or paragraph (d)
of this section) of any other property so accepted, and the proceeds
of insurance on any such gift property not used for its restoration,
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shall be deposited in the Treasury of the United States and are
hereby appropriated and shall be held in trust by the Secretary of
the Treasury for the benefit of the Service, and he may invest and
reinvest such funds in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest
by the United States. Such gifts and the income from such invest-
ments shall be available for expenditure in the operation of the Serv-
ice and the performance of its functions, subject to the same exami-
nation and audit as is provided for appropriations made for the
Service by Congress.
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority granted
in paragraph (a) of this section, shall be deposited with the Secretary
of the Treasury and he, in his discretion, may hold them, or liqui-
date them except that they shall be liquidated upon the request of the
Secretary whenever necessary to meet payments required in the opera-
r tion of the Service or the performance of its functions. The proceeds
and income from any such property held by the Secretary of the
Treasury shall be available for expenditure as is provided in para-
graph (~b) of this section.
(d) The Secretary shall hold any real property or any tangible
personal property accepted unconditionally pursuant to the authority
granted in paragraph (a) of this section and he shall permit such
property to be used for the operation of the Service and the perform-
ance of its functions or he may lease or hire such property, and may
insure such property, and deposit the income thereof with the Secre-
tary of the Treasury to be available for expenditure as provided in
paragraph (b) of this section. The income from any such real prop-
erty or tangible personal property shall be available for expenditure
in the discretion of the Secretary for the maintenance, preservation,
or repair and insurance of such property and any proceeds from in-
surance may be used to restore the property insured. Any such prop-
erty when not required for the operation of the Service or the per-
formance of its functions may be liquidated by the Secretary, and the
proceeds thereof deposited with the Secretary of the Treasury, when-
ever in his judgment the purposes of the gifts will be served thereby.
~.. (e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the
use of the United States.
PART 1)-AuTHORIZATTON TO RETAIN ATTORNEYS
Sic. 1031. The Secretary may, without regard to sections 189 and
365 of the Revised Statutes (5 U. S. C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are
required for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
PART E-DELEGATION OF AUTHORITY
SEc. 1041. (a) The Secretary may delegate to officers or employees
holding positions of responsibility in the Department or the Service
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(I'UB. Lew 724.1
or to such boards as he may continue or establiEh any of the powers
conferred upon him by this Act to the extent that he finds such delega-
tion to be in the interests of the efficient administration of the Service.
(b) The Director General may delegate to officers or employees
holding positions of responsibility in the Department or the Service
any of the powers conferred upon him by this Act to the extent that
he finds such delegation to be in the interests of the efficient administra-
tion of the Service.
PART F-EXEMPTION FROM TAXATION
Sru. 1051. Section 116 of the Internal Revenue. Code, as amended
(53 Stat. 48; 53 Stat..i75; 56 Stat. 842; 58 Stat. 46; 26 U. S. C. 116),
relative to exclusions from gross income, is further amended by adding
at the end thereof a new subsection to read as follows :
"(k) In the case of an officer or employee of the Foreign Service of
the United States, amounts received by such officer or employee as
allowances or otherwise under the terms of title: IX of the Foreign
Service Act of 1946."
PART G-INTERPBETATION OF THE ACT
LIBERAL-CONSTRUCTION CLAUSE
SEC. 1061. The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
PROVISIONS THAT MAY BE IIELD INVALID
SEC. 1062. If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such pro-
vision to other persons or circumstances shall not be affected thereby.
HEADINGS OF TITLES, PARTS, AND SECTIONS
SEC. 1063. The headings descriptive of the various titles, parts, and
sections of this Act are inserted for convenience only, and, in case of
any conflict between any such heading and the substance of the title,
part, or section to which it. relates, the heading shall be disregarded.
PROVISIONS OF THE ACT OF JULY 3, 1946
SEC. 1064. Nothing in this Act shall be construed to affect the pro-
visions of sections 1, 2, 3, and 4 of the Act of July 3, 1946 (Public Law
4s8. Seventy-ninth Coclgress). The "classified grades" within the
meaning of that Act shall, from and after the effective date of this
Act, be construed to mean classes 1 to 5, inclusive.
PART II-AUTHORIZ_YTION FOR APPROPRIATIONS
Sic. 1071. Appropriations to carry out the purposes of this Act are
hereby authorized.
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TITLE XI-'TEMPORARY PROVISIONS
PART A--TEMPORARY PROVISIONS CONCERNING APPOINTMENTS AND
SALARIES OF OFFICERS AND EMPIoYF,Es OF THE SERVICE
REINSTATEMENT OF CHIEFS OF MISSION WHO ARE FORMER FOREIGN SERVICE
OFFICERS
SEC. 1101. Any person who on the effective date of this Act is a chief
of mission and who has previously been a Foreign Service officer may
be reinstated as a Foreign Service officer in the class of career minister.
TRANSFER OF FOREIGN SERVICE OFFICERS FROM OLD CLASSES TO NEW CLASSES
SEC. 1102. (a) Foreign Service. officers on active service on the effec-
tive date of this Act shall, by virtue of this Act, be transferred from
the classes in which they are serving on such date to the new classes
established by this Act as follows : Officers of class I to the new class 1;
officers of class II to the new class 2; officers of classes III and IV to
the new class 3; officers of classes V and VI, to the new class 4; officers
of classes VII and VIII, to the new class 5; officers in the unclassified
grade, to the new class 6.
(b) Each officer so transferred shall under such regulations as the
Secretary may prescribe receive that salary in the new class which
shall as nearly as possible correspond to his relative standing in the
Service.
(c) Whenever, in accordance with the provisions of paragraph (a)
of this section, the officers in a new class shall be officers who previously
served in two former classes that were combined to form the new
class, the period of minimum service in class for the purposes of deter-
mining eligibility for promotion in accordance with the provisions of
section 622, ,shall commence to run from the (late of their promotion to
the lower of the two classes from which the new class is composed and
from the date of their promotion to the higher of the two classes from
which the new class is composed for the purposes of computing the
minimum period an officer shall serve in a class before the commence-
ment of the period during which he must obtain it proiiiotion in order
to prevent being retired. In all other cases, service in a fornier class
Nww~ shall be considered as constituting service in the new class for the
purposes of section 622.
TRANSFER OF OTHER OFFICERS AND EMPLOYEES OF THE SERVICE FROM THEIR
PRESENT POSITIONS TO NEW POSITIONS
Sic. 1103. The Secretary shall, under such regulations as he may
prescribe, provide for the transfer of the personnel of the Service,
other than persons occupying positions which under the terms of this
Act constitute their chiefs of mission and Foreign Service officers, to
corresponding positions established by the terms of this Act or by any
regulations issued pursuant thereto.
SEC. 1104. In making transfers of personnel in accordance with
the provisions of sections 1102 and 1103, credit for time served in a
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previous class or position shall be given for the purpose of determining
eligibility,for in-class promotions in a new class in the same manner
as if such time had been served in the new class.
RULES GOVERNING THE MAKING OF SALARY DETERMINATIONS IN CARRYING
OUT AN INITIAL CLASSIFICATION OF THE SERVICE
SEC. 1105. In making the initial classification of the Service for
Foreign Service staff officers and employees in accordance with the
provisions of sections 441 and 442, the following rules shall apply :
(1) The principle of equal compensation for equal work, irrespec-
tive of sex, shall be ,followed.
(2) If an officer or employee is receiving basic salary at less than
the minimum rate of the class or subclass to which the position he
holds is allocated, his salary shall be increased. to the lowest basic
salary of that class or subclass.
(3) If an officer or employee is receiving a basic salary within the
range provided for the class or subclass to which the position he holds
is allocated, and at one of the rates within that range, no change shall
be made in his basic salary; if his basic salary rate is within the range
but does not correspond to any one of the rates prescribed for that
range by section 415, his salary shall be adjusted by fixing it at the
next higher rate above the rate which he is receiving.
(4) If an officer or employee is receiving basic salary at a rate in
excess of the maximum basic salary rate provided by section 415 for
the class of subclass to which the position he holds is allocated in
accordance with the provisions of section 1103, he shall rot suffer a
diminution in salary as a consequence of the classification of the
position which he holds so long as he continues to occupy that position,
but if he is not receiving salary at one of the rates prescribed in section
415, his salary shall be adjusted by fixing it at the next higher rate
above the rate which he is receiving.
PART B-TEMPORARY PROVISIONS CONCERNING RETIREMMENT
MANDATORY RETIREMENT
SEC. 1111. (a) Notwithstanding the provisions of section 632 regard-
ing the retirement of Foreign. Service officers at the age of sixty years,
Foreign Service officers below the class of career minister shall, during
the first year after the effective date of this Act, be mandatorily retired
for age upon reaching the age of sixty-four unless their services have
been extended in accordance with the provisions of section 632; during
the second year, at age sixty-three; during the third year, at age sixty-
two; during the fourth year, at age sixty-one; and, thereafter, at age
sixty, but in no event shall any Foreign Service officer be mandatorily
retired for age during such four-year period until he has had fifteen
years of service.
(b) No Foreign Service officer shall be mandatorily retired in accord-
ance with provisions of section 633 or 634 until three years after
the effective date of this Act.
RATE OF ANNUITIES TO BE RECOMPUTED
SEC. 1112. The Secretary shall cause annuities ofall'persons who are
receiving annuities from the Foreign Service Retirement and Dis-
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ability Fund on the effective date of this Act to be recomputed in
accordance with the provisions of section 821 (a) and annuities pay-
able to such persons shall, commencing on the effective date of this
Act, be paid at the rates so determined, but no such recomputation or
any other action taken pursuant to this Act shall operate to reduce
the rate of the annuity received by any such person unless such person
voluntarily elects to receive a reduced annuity as provided in section
821 (c).
PART C-MISCELLANEOUS TEMPORARY PROVISIONS
BONDS
SEC. 1121. The provisions of this Act shall not opperate to impair
the validity of any existing bond furnished by any officer or employee
.of the Service.
USE OF APPROPRIATIONS
SEC. 1122. Funds appropriated to the Department of State for
the fiscal year 1947, under the caption "Foreign Service", are hereby
made available for the purposes of this Act in accordance with
authority granted herein and such regulations as the Secretary may
prescribe. The appropriation of such additional funds as may be
required to carry out the provisions of this Act is hereby authorized.
PART D--REPEAL CLAUSES
REPEAL OF PARTICULAR STATUTES
SEC. 1131. The following statutes or parts of statutes are hereby
repealed :
(1) Section 208 of the Revised Statutes, as amended by the Act of
May 29, 1928 (ch. 901, Public Law Numbered 611, 45 Stat. 987) (5
U. S. C. 163).
(2) Section 1674 of the Revised Statutes, as amended by section 6
of the Act of February 5, 1915 (ch. 23 Public Law Numbered 242,
38 Stat. 806), and as further amended by the Act of March 3, 1875
(ch. 153, 18 Stat. 483),. and by that part of the Act of July 1, 1916
(ch. 208, Public Law Numbered 131, 39 Stat. 252), which constitutes
the second proviso under the heading "Salaries of Secretaries in the
Diplomatic Service" (22 U. S. C. 40 and 51).
(3) Section 1675 of the Revised Statutes as amended by the Act
of March 3, 1875 (ch. 153, 18 Stat. 483), and by that part of title I of
the Act of February 27, 1925 (ch. 364, Public Law Numbered 502,
43 Stat. 1015), under the heading "Diplomatic and Consular Service"
and the subheading "Ambassadors and Ministers" (22 U. S. C. 32).
(4) Section 1.685 of the Revised Statutes as amended by schedule A
of the Act of March 2, 1909 (ch. 235, Public Law Numbered 292, 35
Stat. 673), and as further amended by section 3 of the Act of Febru-
ary 5, 1915 (ch. 23, Public Law Numbered 242, 38 Stat. 805), section
17 of the Act of May 24, 1924 (ch. 182, Public Law Numbered 135,
43 Stat. 143), hereinafter referred to as the Act of May 24, 1924, and by
that part of title I of the Act of February 27, 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1016), which reads as follows : "Provided,
That after June 30, 1924, vice consuls while in charge of a consulate
general or consulate during the absence of the principal officer shall be
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entitled to additional compensation in the same manner and under
the same conditions as Foreign Service officers as provided in section
17 of the Act of May 24, 1924," renumbered as section 25 and further
amended by section 7 of the Act of February 23, 1931 (ch. 276, Public
Law Numbered 715, 46 Stat. 1210), hereinafter referred tc? as the Act
of February 23, 1931 (22 U. S. C. 20).
(5) Section 1686 of the Revised Statutes (22 U. S. C. 36).
(6) Section 1688 of the Revised Statutes (22 U. S. C. 39).
(7) Section 1695 of the Revised Statutes and section 3 of the Act
of April 5, 1906 (ch. 1366, Public Law Numbered 83, 34 Stat. 100),
which reenacted certain parts of section 1695 of the Revised Statutes
without specifically amending such section (22 IT. S. C. 5]_a and 55).
(8) Section 1696 of the Revised Statutes (22 U. S. C. 58).
(9) Section 1712 of the Revised Statutes, as amended by the Act
of June 18, 1888 (ch. 393, 25 Stat. 186) (22 U. S. C. 80).
(10) Section 1713 of the Revised Statutes, as amended by the Act
of June 18, 1888 (ch. 393, 25 Stat. 186) (22 U. S. C. 82).
(11) Section 1714 of the Revised Statutes (22 U. S. C. '71).
(12) Section 1738 of the Revised. Statutes (22 U. S. C. 105).
(13) Section 1740 of the Revised Statutes (22 U. S. C. 121) .
(14) Section 1743 of the Revised Statutes (22 U. S. C. 125).
(15) Section 1744 of the Revised Statutes (22 U. S. C. f;3).
(16) Section 1748 of the revised Statutes (22 U. S. C. 129).
(17) Section 1749 of the Revised Statutes (22 U. S. C. 130).
(18) Section 1752 of the Revised Statutes (22 U. S. C. 1c';2).
(19) That part of section 1 of the Act of June 11, 1874 (ch. 275,
18 Stat. 67), which reads as follows : "And the Secretary of State is
authorized to allow and pay to the secretary of legation and to the
second secretary of legation and to the messenger of the legation in
Paris, from the moneys collected at the legation for the transmission
of consular invoices, an amount not to exceed in the aggregate six
hundred dollars in any one year, to be divided an d distributed as the
Secretary of State may direct, provided that the surplus receipts are
sufficient for that purpose" (22 U. S. C. 37).
(20) Section 4 of the Act of June 11, 1874 (ch. 275, 18 Stat. 70)
(22 U. S. C. 122).
(21) The Act of June 17, 1874 (ch. 294, 18 Stat. 77) (22 U. S. C. 124
and 126) .
(22) That part of the Act of January 27, 1879 (ch. 2E, 20 Stat.
273), which reads as follows : "And it shall be the duty of consuls
to make to the Secretary of State a quarterly statement of exports
from, and imports to, the different places to which they are accredited,
giving, as near as may be, the market price of the various articles
of exports and imports, the duty and port charge.,:, if any, on articles
imported and exported, together with such general information as
they may be able to obtain as to how, where, and through what chan-
nels a market may be opened for American products and manufac-
tures. In addition to the duties now imposed by law, it shall be the
duty of consuls and commercial agents of the United States, annually,
to procure and transmit to the Department of State, as far as prac-
ticable, information respecting the rate of wages paid for skilled and
unskilled labor within their respective jurisdictions." (22 U. S. C.
81.)
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(23) That part of section 5 of the Act of February 14, 1903 (ch.
552, Public Law Numbered 87, 32 Stat. 827), reading as follows:
"And all consular officers of the United States, including consuls-
general, consuls, and commercial agents, are hereby required, and it
is made a part of their duty, under the direction of the Secretary of
State, to gather and compile, from time to time, useful and material
information and statistics in respect to the subjects enumerated in
section 3 of this Act in the countries and places to which such consular
officers are accredited, and to send under the direction of the Secretary
of State, reports as required by the Secretary of Commerce and Labor
of the information and statistics thus 'gathered and compiled, such
reports to be transmitted through the Department of State to the
Secretary of the Department of Commerce and Labor," as amended
by section 3 of the Act of April 5, 1906 (cli. 1366, Public Law Num-
bered 83, 34 Stat. 100) ; by the Act of August 23, 1912 (ch. 350, Public
Law Numbered 299, 37 Stat. 407), and by the Act of March 4, 1913
(ch. 141, Public Law Numbered 426, 37 Stat. 736) (15 U. S. C. 175).
(24) Section 11 of the Act of February 14, 1903 (ch. 552, Public
Law Numbered 87, 32 Stat. 830) (5 U. S. C. 162).
(25) Section 4 of the Act of April 5, 1906 (ch. 1366, Public Law
Numbered 83, 34 Stat. 100), as amended by section 10 of the Act of
May 24, 1924 (43 Stat. 142), and renumbered as section 17 and further
amended by section 7 of the Act of February 23, 1931 (46 Stat. 1209)
(22 U. S. C. 9).
(26) That, part of section 8 of the Act of April 5, 1906 (ch. 1366,
Public Law Numbered 83, 34 Stat. 101), reading as follows: "but this
shall not apply to consular agents, who shall be paid by one-half of
the fees received in their offices, up to a maximum sum of one thousand
dollars in any one year, the other half being accounted for and paid
into the Treasury of the United States" (22 U. S. C. 99).
(27) That part of schedule A of the A,t of March 2, 1909 (eh. 235,
Public Law Numbered 292; 35 Stat. 672), which reads as follows:.
"And hereafter no new aniba.ssadorship shall be created unless the
same shall. be provided for by Act of Congress." (22 U. S. C. 31.)
(28) Section 7 of the Act of February 5, 1915 (ch. 23, Public Law
Numbered 242, 38 Stat. 807). as amended by section 12 of the Act
of May 3, 1945 (ch. 105, Public Law Numbered 48; 59 Stat. 105,
hereinafter referred to as the Act of May 3, 1945 (22 U. S. C. 38)).
(29) That part of the Act of July 1, 1916, which, under the heading
"Salaries of Secretaries in the Diplomatic Service," authorizes the
President to designate and assign any secretary of class one as coun-
selor of embassy or legation (39 Stat. 252), as amended by section 16
of the Act of May 24, 1924 (43 Stat. 143), and renumbered as section
23 by section 7 of the Act of February 23, 1931 (46 Stat. 1210) (22
U. S. C. 18).
(30) The joint resolution of September 29, 1919 (ch. 72, Public
Resolution Numbered 16, 41 Stat. 291) (22 U. S. C. 34).
(31) That part of the Act of Jnne 1, 1922 (ch. 204, Public Law
Numbered 229, 42 Stat. 600), which under the heading "Diplomatic
and Consular Service" and subheading "Ambassadors and Ministers".
in title I authorizes the appointment of an envoy extraordinary and
minister plenipotentiary to Egypt (22 U. S. C. 34c).
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(Pus. LAW 724.1 44
(32) Section 1 of the Act of May 24, 1924 (43 Stat. 14C), renum-
bered as section 8 by section 7 of the Act of February 23, 1931
(46 Stat. 1207) (221]. S. C. 1).
(33) Section 2 of the Act of May 24, 1924 (43 Stat. 14C)', renum-
bered as section 9 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1207) (22 U. S. C. 2).
(34) Section 3 of the Act of May 24, 1924 (43 Stat. 140), renum-
bered as section 10 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1207), and as further amended by section 2 of
the Act of April 24, 1939 (ch. 84, Public Law Numbered 40, 53 Stat.
583), and by sections 4 and 5 of the Act of May 3,11945 (59 Stat. 102,
103) (22 U. S. C. 3).
(35) Section 4 of the Act of May 24, 1924 (43 Stitt. 140), renum-
bered as section 11 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1215), and as further amended by the Act of June
29, 1935 (ch. 337, Public Law Numbered 181, 49 Stat. 436)
(22 U. S. C. 4).
(36) Section 5 of the Act of May 24, 1924 (43 Stat. 141), renum-
bered as section 12 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208) (22 U. S. C. 5 and 6).
(37) Section 6 of the Act of May 24, 1924 renumbered as sections
13 and 14, and amended by section 7 of the Act of February 23,
1931, and as further amended by section 6 of the Act of May 3, 1945
(59 Stat. 103) (22 U. S. C. 7).
(38) Section 9 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 16 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1208), and further amended by section 7 of the
Act of May 3, 1945 (59 Stat. 103) (22 U. S. C. 11) .
(39) Section 12 of the Act of May 24, 1924 (43 Stat. 142), renum-
bered as section 19 and amended by section 7 of the Act of February
23) 1931 (46 Scat. 1209), and further amended by section 8 of the
Act of May 3, 1945 (59 Stat. 104) (22 U. S. C. 12).
(40) Section 13 of the Act of May 24, 1924 (43 Stat. 143, renum-
bered as section 20 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209) (22 U. S. C. 14).
(41) Section 14 of the Act of May 24, 1924 (43 Stat. 143), renum-
bered as section 21 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1209), and further amended by section 9 of the
Act of May 3, 1945 (59 Stat. 104) (22 U. S. C. 15 and 16).
(42) Section 15 of the Act of May 242 1924 (43 Sttat. 143), renum-
bered as section 22 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1210), and further amended by the Act of March
17, 1941 (ch. 20, Public Law Numbered 17, 55 Start. 44) (22 U. S. C.
17 and 17a).
(43) Paragraph 1 of section 17 of the Act of May 24, 1924 (43
Stat. 143), renumbered as section 24 and amended by section 7 of the
Act of February 23, 1931 (46 Stat. 1210) (22 U. S. C. 19).
(44) Section 18 of the Act of May 24, 1924 (43 Stat. 144), as
amended by section 1. of the Act of July 3, 1920 (ch. 798, Public
Law Numbered 519, 44 Stat. 902), renumbered as section 26 and
amended by section 7 of the Act of February 23, 1931 (46 Staat. 1211),
further amended by section 3 of the Act of April 24, 1939 (ch. 84,
Public Law Numbered 40, 63 Stat. 584), by the Act of July 19, 1939
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(ch. 330, Public Law Numbered 197, 53 Stat. 1067), by the Act of
August 5, 1939 (ch. 441, Public Law Numbered 277, 53 Stat. 1208),
by section 1 of the Act of April 20, 1940 (ch. 118 Public Law Num-
bered 464, 54 Stat. 143), by section 4 of the Act of October 14,
1940 (ch. 859, Public Law Numbered 846, 54 Stat. 1118) and by
section 1 of the Act of May 13, 1941 (ch. 115, Public Law lumbered
69, 55 Stat. 189) (22 U. S. C. 21).
(45) Section 19 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 27 by section 7 of the Act of February 23, 1931 (46
Stat. 1213) (22 U. S. C. 22).
(46) Section 20 of the Act of May 24, 1924 (43 Stat. 146), renum-
bered as section 28 and amended by section 7 of the Act of February
23, 1931 (46 Stat. 1213) (22 U. S. C. 23).
(47) Section 31 of the Act of May 24, 1924, as added to that Act
by section 7 of the Act of February 23, 1931 (46 Stat. 1214), and
as amended by section 10 of the Act of May 3, 1945 (59 Stat.. 105)
(22 U. S. C. 23f and 23g).
(48) Section 32 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1214), and as
amended by section 5 of the Aot of July 3, 1946 (Public Law 488,
Seventy-ninth Congress) (22 U. S. C.23h).
(49) Section 33 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1215), and as
amended by section 4 of the Act of April 24, 1939 (ch. 84, Public Law
Numbered 40, 53 Stat. 588) (22 U. S. C. 3a and 23i).
(50) Section 34 of the Act of May 24, 1924, as added to that Act by
section 7 of the Act of February 23, 1931 (46 Stat. 1216) (22 U. S. C.
23j).
(51) That part of the Act of February 27 1925 (ch. 364, Public
Law Numbered 502, 43 Stat. 1017), which under the heading "Diplo-
matic and Consular Service" and the subheading "Allowance for Clerk
Hire at United States Consulates" reads as follows : "Clerks, whenever
hereafter appointed, shall so far as possible, be appointed under
civil-service rules and regulations", and similar provisions in later
Acts (22 U. S. C. 56).
(52) That part of the Act of February 27, 1925 (ch. 364, Public Law
Numbered 502, 43 Stat. 1016), which under the heading "Diplomatic
Service" and the subheading "Clerks at Embassies and Legations",
reads as follows : "who (clerks at the embassies and legations) whenever
hereafter appointed shall be citizens of the United States * * *
and so far as practicable shall be appointed under civil-service rules
and regulations", and similar provisions in later Acts (22 U. S. C. 35).
(53) Section 2 of the Act of July 3, 1926 (ch. 798, Public Law
Numbered 519, 44 Stat. 903) (22 U. S. C. 21a).
(54) Sections 1, 2, 3, 4, 5, and 7 of the Act of March 3 1927
(ch. 365, Public Law Numbered 768, 44 Stat. 1394), as amended by
the Act of April 12, 1930 (ch. 142, Public Law Numbered 122, 46
Stat. 163) (15 U. S. C. 197-197d and 197f).
(55) The Joint Resolution of January 22, 1930 (ch. 22, Public
Resolution Numbered 32, 46 Stat. 57) (221 V. S. C. 34a).
(56) The Act of June 5, 1930 (ch. 399, Public Law Numbered
804, 46 Stat. 497-499) (7 U. S. C. 541-545).
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(57) The Joint Resolution of June 5, 1930 (ch. 404, Public Reso-
lution Numbered 81, 46 Stat. 502) (22 U. S. C. 34b).
(58) The Act of January 21, 1931 (ch. 42, Public Law Numbered
569, 46 Stat. 1040) (22 U. S. C. 32a).
(59) Section 1 of the Act of February 23, 1931 (46 Stat. 1207), as
amended by section 2 of the Act of May 3, 1945 (59 Stat. 102)
(22 U. S. C. 23a).
(60) Section 2 of the Act of February 23, 19.31 (46 Stat. 1207)
(22 U. S. C. 23b).
(61) Section 3 of the Act of February 23, 1931 (46 Stat. 1207), as
amended by section 1 of the Act of April 24, 1939 (ch. 84, Public
Law Numbered 40, 53 Stat. 583), and as further amended by section
3 of the Act of May 3,1945 (59 Stat. 102) (22 U. S. C. 23c).
(62) Section 4 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. S. C. 23d).
(63) Section 5 of the Act of February 23, 1931 (46 Stat. 1207)
(22 U. S. C. 23e).
(64) That part of section 209 of the Act of June 30, 1932 (ch. 314,
Public Law Numbered 212, 47 Stat. 405), as amended, which was
added to that Act by the Act of April 30, 1940 (ch. 172, Public Law
Numbered 499, 54 Stat. 174) (5 U. S. C. 823a).
(65) That part of Reorganization Plan Numbered II, made effec-
tive July 1, 1939, by the Act of June 7,1939 (ch. 193, Public Resolution
Numbered 20, 53 Stat. 813), designated as subparagraphs (a), (b),
and (c) under section 1 of part 1 (53 Stat. 1431) (note under 5 U. S. C.
133t).
(66) Section 1 of the Act of May 8, 1945 (59 Stat. 102) (22 U. S.
C. 1a).
(67) Section 12 of the Act of May 3, 1945 (59 Stat. 105) (22
U. S. C. 24).
SEC. 1132. Any statute that is not repealed by section 1131 but which
is inconsistent with any of the provisions of this Act sh a] 1 be con-
sidered as having been amended or superseded by such provisions.
SEC. 1133. The repeal of the several statutes or parts of statutes
accomplished by section 1131 shall not affect any act done or right
accruing or accrued, or any suit or proceeding had or commenced in
any civil cause, before such repeal, but all rights and liabilities under
the statutes or parts thereof so repealed shall continue, and may be
enforced in the same manner as if such repeal had not been made;
subject, however, to the provisions of section 1134.
SEC. 1134. The reseal of the several statutes or parts of statutes
accomplished by section 1131 shall not be construed as a revival, up to
the effective date of this Act, of any statute or part of a statute that
may have previously been repealed by implication.
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CONTINUANCE IN FORCE OF EXTSTING RULES, REGULATIONS, AND
EXECUTIVE ORDERS
SEC. 1135. Notwithstanding the provisions of this Act, existing rules,
regulations of or applicable to the Service, and Executive orders shall
remain in effect until revoked or rescinded or until modified or super-
seded by regulations made in accordance with the provisions of this
Act, unless clearly inconsistent with the provisions of this Act.
PART E-EFFECTIVE DATE OF AC'r
SEC. 1141. The effective date of this Act shall be three months fol-
lowing the date of its enactment..
Approved August 13, 1946.
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