2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - FOREIGN SERVICE (§§ 3901 - 4226)
Subchapter III - APPOINTMENTS (§§ 3941 - 3952)
Section 3941 - General provisions

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.

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 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.

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

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

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.”

Pub. L. 101–246, title I, §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.”