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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3944. Chiefs of Mission

Statutory text

(a)

Qualifications; preference for career members; political contributions as factor in appointment; demonstrated competency report

(1)

An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people.

(2)

Given the qualifications specified in paragraph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant appointments from time to time of qualified individuals who are not career members of the Service.

(3)

Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission.

(4)

The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated competence of that nominee to perform the duties of the position in which he or she is to serve.

(b)

Furnishing of information by Secretary; political campaign contributions report

(1)

In order to assist the President in selecting qualified candidates for appointment or assignment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members.

(2)

The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mission, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International Development who are qualified to serve as chiefs of mission, together with pertinent information about such individuals.

(3)

Each individual nominated by the President to be a chief of mission, ambassador at large, or minister shall, at the time of nomination, file with the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report of contributions made by such individual and by members of his or her immediate family during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomination and ending on the date of the nomination. The report shall be verified by the oath of the nominee, taken before any individual authorized to administer oaths. The chairman of the Committee on Foreign Relations of the Senate shall have each such report printed in the Congressional Record. As used in this paragraph, the term “contribution” has the same meaning given such term by section 30101(8) of title 52, and the term “immediate family” means the spouse of the nominee, and any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them.

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.

  1. Pub. L. 96–465 title I § 304 · 94 Stat. 2071

    Enacted · 22 U.S.C. § 3944

    Pub. L. 96–465, title I, § 304, Oct. 17, 1980, 94 Stat. 2085

    Source evidence

    Code source credit
    Pub. L. 96–465, title I, § 304, Oct. 17, 1980, 94 Stat. 2085

    Enacted provision · exact public law section
    Sec. 304. Appointment of Chiefs of Mission.— (a) (1) An individual 22 USC 3944. appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people. (2) Given the qualifications specified in paragraph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant appointments from time to time of qualified individuals who are not career members of the Service. (3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission. (4) The President shall provide the Committee on Foreign Relations Nominations. of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated competence of that nominee to perform the duties of the position in which he or she is to serve. (b) (1) In order to assist the President in selecting qualified candidates for appointment or assignment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members. (2) Each individual nominated by the President to be a chief of Political campaign contributions, report to Senate committee and House Speaker. mission, ambassador at large, or minister shall, at the time of nomination, file with the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report of contributions made by such individual and by members of his or her immediate family during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomination and ending on the date of the nomination. The report shall be verified by the oath of the nominee, taken before any individual authorized to administer oaths. The chairman of the Committee on Foreign Relations of the Senate shall have each such report printed in the Congressional Record. As used in this paragraph, the term “contribution” “Contribution.” “Immediate family.” has the same meaning given such term by section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)), and the term “immediate family” means the spouse of the nominee, and any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them. (c) Within 6 months after assuming the position, the chief of Report to congressional committees. mission to a foreign country shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report describing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.

  2. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tII)(s208)(b) · 113 Stat. 1501

    Struck · 22 U.S.C. § 3944(c)

    Pub. L. 106–113 struck out subsec. (c) which read as follows: “Within 6 months after assuming the position, the chief of mission to a foreign country shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report describing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–113 struck out subsec. (c) which read as follows: “Within 6 months after assuming the position, the chief of mission to a foreign country shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report describing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.”

  3. Department of State Authorization Act of 2023

    Pub. L. 118–31 div. F title LXII § 6207 · 137 Stat. 136

    1. Added · 22 U.S.C. § 3944(b)(2); 22 U.S.C. § 3944(b)(3)

      Pub. L. 118–31 added par. (2)

    2. Redesignated · 22 U.S.C. § 3944(b)(2); 22 U.S.C. § 3944(b)(3)

      Pub. L. 118–31 redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). Pub. L. 118–31 added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS OF MISSIONS.   Section 304(b) of the Foreign Service Act of 1980 (22 U.S.C. 3944) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: “(2) Time period. The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mission, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International Development who are qualified to serve as chiefs of mission, together with pertinent information about such individuals.” .

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1999–2023 · 2 rounds

2023

Subsec. (b)(2), (3). Pub. L. 118–31 added par. (2) and redesignated former par. (2) as (3).

1999

Subsec. (c). Pub. L. 106–113 struck out subsec. (c) which read as follows: “Within 6 months after assuming the position, the chief of mission to a foreign country shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report describing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.”

Statutory Notes and Related Subsidiaries

Public Availability of Reports on Nominees To Be Chiefs of Mission

Pub. L. 114–323, title VII, § 712, , 130 Stat. 1945, provided that: “Not later than 7 days after submitting the report required under section 304(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign Relations of the Senate, the President shall make the report available to the public, including by posting the report on the website of the Department [of State] in a conspicuous manner and location.”

Credits

1980–2023 · 3 acts
  1. 1980Pub. L. 96–465, title I, § 304, , 94 Stat. 2085
  2. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 208(b)], , 113 Stat. 1536, 1501A–422
  3. 2023Pub. L. 118–31, div. F, title LXII, § 6207, , 137 Stat. 974.
Show as published

(Pub. L. 96–465, title I, § 304, , 94 Stat. 2085; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 208(b)], , 113 Stat. 1536, 1501A–422; Pub. L. 118–31, div. F, title LXII, § 6207, , 137 Stat. 974.)

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