Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 3941. General provisions
Statutory text
Citizenship requirement
Only citizens of the United States may be appointed to the Service, other than for service abroad as a consular agent or as a foreign national employee.
Examinations
The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Service (other than as a chief of mission or ambassador at large).
The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.
Veteran or disabled veteran
The fact that an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an affirmative factor in making such appointments. As used in this subsection, the term “veteran or disabled veteran” means an individual who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5.
Career and noncareer appointments
Members of the Service serving under career appointments are career members of the Service. Members of the Service serving under limited appointments are either career candidates or noncareer members of the Service.
Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President.
An appointment as a Foreign Service officer is a career appointment. Foreign Service employees serving as career candidates or career members of the Service shall not represent to the income tax authorities of the District of Columbia or any other State or locality that they are exempt from income taxation on the basis of holding a Presidential appointment subject to Senate confirmation or that they are exempt on the basis of serving in an appointment whose tenure is at the pleasure of the President.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 301 · 94 Stat. 2071
Enacted · 22 U.S.C. § 3941
Pub. L. 96–465, title I, § 301, Oct. 17, 1980, 94 Stat. 2083
Source evidence
Code source credit
Pub. L. 96–465, title I, § 301, Oct. 17, 1980, 94 Stat. 2083Enacted provision · exact public law section
Sec. 301. General Provisions Relating to Appointments.— (a) 22 USC 3941. Only citizens of the United States may be appointed to the Service, other than for service abroad as a consular agent or as a foreign national employee. (b) The Secretary shall prescribe, as appropriate, written, oral, Examinations. physical, foreign language, and other examinations for appointment to the Service (other than as a chief of mission or ambassador at large). (c) The fact that an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an affirmative factor in making such appointments. As used in this “Veteran or disabled veteran.” subsection, the term “veteran or disabled veteran” means an individual who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5, United States Code. (d) (1) Members of the Service serving under career appointments are career members of the Service. Members of the Service serving under limited appointments are either career candidates or non-career members of the Service. (2) Chiefs of mission, ambassadors at large, and ministers serve at the pleasure of the President. (3) An appointment as a Foreign Service officer is a career appointment.Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
Pub. L. 100–204 title I § 179(a) · 101 Stat. 1331
Inserted · 22 U.S.C. § 3941(d)(3)
Pub. L. 100–204 inserted sentence at end relating to exemption from income taxation
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 100–204 inserted sentence at end relating to exemption from income taxation.Enacted provision · exact public law section
(a) District of Columbia. Representation to Tax Authorities.— Section 301(d)(3) of the Foreign Service Act of 1980 (22 U.S.C. 3941(d)(3)) is amended by adding at the end thereof “Foreign Service employees serving as career candidates or career members of the Service shall not represent to the income tax authorities of the District of Columbia or any other State or locality that they are exempt from income taxation on the basis of holding a Presidential appointment subject to Senate confirmation or that they are exempt on the basis of serving in an appointment whose tenure is at the pleasure of the President.”.Effective date note
Pub. L. 100–204, title I, § 179(b), Dec. 22, 1987, 101 Stat. 1363, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to tax years beginning after December 31, 1987.”Department of State Authorization Act of 2021
Pub. L. 117–81 div. E title LIV § 5406(b) · 135 Stat. 1541
Amended · 22 U.S.C. § 3941(b)
Pub. L. 117–81 designated existing provisions as par. (1)
Added · 22 U.S.C. § 3941(b)
Pub. L. 117–81 added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–81 designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(b) Foreign Service Examinations.— Section 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 3941) is amended— (1) by striking “The Secretary” and inserting: “(1) The Secretary”; and (2) by adding at the end the following new paragraph: “(2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.” .
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1987–2021 · 2 rounds
2021
Subsec. (b). Pub. L. 117–81 designated existing provisions as par. (1) and added par. (2).
1987
Subsec. (d)(3). Pub. L. 100–204 inserted sentence at end relating to exemption from income taxation.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Pub. L. 100–204, title I, § 179(b), , 101 Stat. 1363, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to tax years beginning after .”
Study of Foreign Service Examination
Pub. L. 101–246, title I, § 153(g), , 104 Stat. 44, required the Secretary of State to enter into a contract with a private organization for a comprehensive review and evaluation of the Foreign Service examination related to cultural, racial, ethnic, and sexual bias issues, and no later than 18 months after , submit a report to Congress containing the findings of the review and evaluation, together with the comments of the Secretary and measures which the Secretary has initiated to respond to any adverse findings of such review.