
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3941]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                      SUBCHAPTER III--APPOINTMENTS
 
Sec. 3941. General provisions


(a) 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.

(b) 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).

(c) 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.

(d) Career and noncareer appointments

    (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 noncareer 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 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.

(Pub. L. 96-465, title I, Sec. 301, Oct. 17, 1980, 94 Stat. 2083; Pub. 
L. 100-204, title I, Sec. 179(a), Dec. 22, 1987, 101 Stat. 1362.)


                               Amendments

    1987--Subsec. (d)(3). Pub. L. 100-204 inserted sentence at end 
relating to exemption from income taxation.


                    Effective Date of 1987 Amendment

    Section 179(b) of Pub. L. 100-204 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to tax years beginning after December 31, 1987.''


                  Study of Foreign Service Examination

    Pub. L. 101-246, title I, Sec. 153(g), Feb. 16, 1990, 104 Stat. 44, 
provided that: ``The Secretary of State shall enter into a contract with 
a private organization for a comprehensive review and evaluation of the 
Foreign Service examination. Such review and evaluation shall--
        ``(1) identify any cultural, racial, ethnic, and sexual bias;
        ``(2) evaluate the ability of the examination to measure an 
    individual's aptitude for and potential in the Foreign Service;
        ``(3) consider the relevance of the Foreign Service examination 
    to the work of a Foreign Service officer;
        ``(4) make recommendations for the removal of any element of 
    bias in the examination; and
        ``(5) make recommendations for improvements to achieve an 
    examination free of any bias.
Not more than 18 months after the date of the enactment of this Act 
[Feb. 16, 1990], the Secretary of State shall prepare and submit a 
report to the Congress which contains the findings of such 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. Such report shall take into consideration the current 
efforts by the Department of State to review its Foreign Service 
examination.''

                  Section Referred to in Other Sections

    This section is referred to in section 3931 of this title; title 5 
section 2302.
