(b) Notwithstanding the provisions of subsection (a) of this section, the Secretary may, under such regulations as he may prescribe, classify positions at levels below class 10, and establish salary rates therefor at lower rates than those prescribed by this section, for American employees recruited abroad who are not available or are not qualified for transfer to another post and who perform duties of a more routine nature than are generally performed at the class 10 level. (As amended July 1, 1960, Pub. L. 86-568, title I, § 113(c), 74 Stat. 300; Oct. 11, 1962, Pub. L. 87-793, § 903, 76 Stat. 862.)

AMENDMENTS

1962-Pub. L. 87-793 amended section generally, and among other changes, designated “existing provisions as subsec. (a), reduced the number of classes of staff officers and employees from 22 to 10, authorized successive increases in per annum rates, one effective on the first day of the first pay period which begins on or after Oct. 11, 1962, and the other effective on the first day of the first pay period which begins on or after Jan. 1, 1964, and added subsec. (b).

1960-Pub. L. 86-568 increased salary rates by an average of 7.5 percent.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 906 of Pub. L. 87-793, set out as a note under section 867 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of this section by Pub. L. 86-568 effective on the first day of the first pay period which begins on or after July 1, 1960, see section 122 of Pub. L. 86-568, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees. CONVERSION OF COMPENSATION FOR 1962 INCREASES; AsSIGNMENT OF STAFF OFFICERS AND EMPLOYEES TO NEW CLASSES

For provisions prescribing manner of conversion of compensation and assignment to new classes, see section 904 of Pub. L. 87-793, set out as a note under section 867 of this title.

INITIAL ADJUSTMENT OF 1960 PAY INCREASES

For provisions prescribing manner of payment of compensation, see note under section 867 of this title.

§ 871. Same; appointive salary.

(a) A person appointed as a staff officer or employee shall receive basic salary at one of the rates of the class to which he is appointed which the Secretary shall, taking into account his qualifications and experience and the needs of the Service, determine to be appropriate for him to receive.

(b) Whenever the Secretary determines that the needs of the Service warrant the appointment of staff officers or employees in a particular occupational group uniformly at a rate above the minimum rate of the applicable class, he may adjust the basic salary of any staff officer or employee in the same class and occupational group who is receiving less than such established rate. (As amended Sept. 8, 1960, Pub. L. 86-723, § 2, 74 Stat. 831.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-723 designated existing provisions as subsec. (a) and substituted therein "basic salary at one of the rates of the class to which he is appointed which the Secretary shall, taking into account his qualifications and experience and the needs of the Service, determine to be appropriate for him to receive" for "salary at the minimum rate provided for the class to which appointed except as otherwise provided in accordance with the provisions of sections 886-890 of this title and section 681 (d) (vi) of Title 5."

Subsec. (b). Pub. L. 86-723 added subsec. (b).

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title. § 872. Alien clerks and employees.

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, in accordance with the provisions of section 889 of this title. 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. (As amended Sept. 8, 1960, Pub. L. 86-723, § 3, 74 Stat. 831.)

AMENDMENTS

1960-Pub. L. 86-723 substituted "section 889 of this title" for "section 889 (b) of this title."

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART D.-TIME OF RECEIVING SALARY

§ 881. Chiefs of missions; termination of appointment; salary of appointive position.

(a) Under such regulations as the Secretary may prescribe, 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 upon termination of his service in accordance with the provisions of subsection (b) of this section, 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 pertaining 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 for such additional period as may be determined by the Secretary, but in no case shall such additional period exceed fifty days, including time spent in transit. During such period the Secretary may require him to render such services as he may deem necessary in the interests of the Government.

(As amended Sept. 8, 1960, Pub. L. 86-723, § 4, 74 Stat. 831.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-723 substituted "upon termination of his service in accordance with the provisions of subsection (b) of this section" for "the termination of time spent on authorized leave, whichever shall be later."

Subsec. (b). Pub. L. 86-723 extended the additional period of service of a chief of mission after he has relinquished charge of the mission from not more than 30 days, exclusive of time spent in transit, to not more than 50 days, including time spent in transit.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART E.-CLASSIFICATION OF POSITIONS

§ 886. Classification by Secretary of positions in the Service and in the Department.

(a) Under such regulations as he may prescribe, and in order to facilitate effective management, the Secretary shall classify all positions in the Service at posts abroad, excluding positions to be occupied by chiefs of mission, and in the case of those occupied by Foreign Service officers, Reserve officers, and staff officers and employees, he shall establish such positions in relation to the classes established by sections 867, 869, and 870 of this title, respectively. Positions occupied by alien employees and consular agents, respectively, shall be allocated to such classes as the Secretary may establish by regulation. (b) Under such regulations as he may prescribe, the Secretary may, notwithstanding the provisions of the Classification Act of 1949, as amended, classify positions in or under the Department which he designates as Foreign Service Officer positions to be occupied by officers and employees of the Service, and establish such positions in relation to the classes established by sections 867, 869, and 870 of this title. (As amended Sept. 8, 1960, Pub. L. 86723, § 5, 74 Stat. 831.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-723 designated existing provisions as subsec. (a), limited authority of Secretary to classify positions to positions in the Service at posts abroad, excluded positions occupied by chiefs of missions, and required the Secretary to establish positions occupied by Foreign Service officers, Reserve officers, and staff officers and employees in relation to classes established by sections 867, 869, and 870 of this title. Subsec. (b). Pub. L. 86-723 added subsec. (b).

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

§ 887. Repealed. Pub. L. 86-723, § 52(1), Sept. 8, 1960, 74 Stat. 847.

Section, act Aug. 13, 1946, ch. 957, title IV, § 442, 60 Stat. 1006, provided for establishment of new group of positions, known as subclasses, for officers and employees.

EFFECTIVE DATE OF REPEAL

Repeal of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

§ 888. Repealed. Pub. L. 86-707, title V, § 511(a)(1), Sept. 6, 1960, 74 Stat. 800.

Section, acts Aug. 13, 1946, ch. 957, title IV, § 443, 60 Stat. 1006; Apr. 5, 1955, ch. 23, § 3, 69 Stat. 24, related to salary differentials for Foreign Service officers, Reserve officers, and staff officers, and is now covered by chapter 37 of Title 5, Executive Departments and Government Officers and Employees.

§ 889. Compensation plans for alien employees.

(a) The Secretary shall, in accordance with such regulations as he may prescribe, establish compensation plans for alien employees of the Service: Provided, That such compensation plans shall be based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality, to the extent consistent with the public interest.

AMENDMENTS

1960-Pub. L. 86-723 substituted provisions requiring the Secretary to establish compensation plans for alien employees and empowering other Government agencies to administer alien employee programs in accordance with the applicable provisions of this chapter for provisions which required the Secretary to prepare schedules of salaries for classes of positions of alien clerks and employees and which required alien employees to receive equal pay in areas of comparatively uniform wage scales and standards of living.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

SUBCHAPTER V.-APPOINTMENTS AND

ASSIGNMENTS

PART A.-PRINCIPAL DIPLOMATIC REPRESENTATIVES § 900. Congressional declaration of policy on qualifi cations for assignment of chiefs of mission and Foreign Service officers.

It is the policy of the Congress that chiefs of mission and Foreign Service officers appointed or assigned to serve the United States in foreign countries shall have, to the maximum practicable extent, among their qualifications, a useful knowledge of the principal language or dialect of the country in which they are to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of such country and its people. (Aug. 13, 1946, ch. 957, title V, § 500, as added Sept. 8, 1960, Pub. L. 86-723, § 7, 74 Stat. 832.)

EFFECTIVE DATE

Section effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART B. FOREIGN SERVICE OFFICERS

$911. Admission to class 7 or 8.

(a) No person shall be eligible for appointment as a Foreign Service officer of class 8 unless he has passed such written, oral, physical, and other examinations as the Board of Examiners for the Foreign Service may prescribe to determine his fitness and aptitude for the work of the Service and has demonstrated his loyalty to the Government 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 8.

(b) The Secretary may 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 8, whom he recommends for appointment directly to class 7 when in his opinion, their age, experience, or other qualifica

§ 912. Admission to classes 1 to 7.

A person who has not been appointed as a Foreign Service officer in accordance with section 911 of this title shall not be eligible for appointment as a Foreign Service officer of classes 1 to 7, inclusive, unless he has passed comprehensive mental and physical examinations prescribed by the Board of Examiners for the Foreign Service 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 prior to appointment in a position of responsibility in the service of a Government agency, or agencies, except that, if he has reached the age of thirty-one years, the requirement as to service may be reduced to three years. The Secretary 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 7, 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. (As amended Sept. 8, 1960, Pub. L. 86-723, § 9, 74 Stat. 832.)

AMENDMENTS

1960-Pub. L. 86-723 substituted the introductory words "A person who has not been appointed as a Foreign Service officer in accordance with section 911 of this title" for "A person who has not served in class 8" and eliminated the provisions limiting, after April 5, 1955, lateral entry appointments to 1,250, making eligible for lateral entry 175 individuals who have had responsible positions in other governmental agencies and were not employed by the Department on March 1, 1955, rather than restricting the appointments to officers of the Department and Staff personnel and exempting from limitation on number of appointments persons appointed by the Secretary of State as Foreign Service Reserve officer who served in such capacity for the required period prior to appointment.

EFFECTIVE Date of 1960 AMENDMENT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

recommend the class to which he shall be reappointed in accordance with the provisions of this section.

(b) The Secretary may recall any retired Foreign Service officer temporarily to duty in the Service whenever he shall determine such recall is in the public interest.

(c) Notwithstanding the provisions of sections 62 and 715a of title 5, a Foreign Service officer heretofore or hereafter retired under the provisions of section 1001 or 1002 of this title or a Foreign Service staff officer or employee hereafter retired under the provisions of section 1063 of this title shall not, by reason of his retired status, be barred from employment in Federal Government service in any appointive position for which he is qualified. An annuitant so reemployed shall serve at the will of the appointing officer. (As amended Sept. 8, 1960, Pub. L. 86723, § 10, 74 Stat. 832.)

AMENDMENTS

1960-Pub. L. 86-723, § 10(a), substituted "Reappointment, recall, or reemployment" for "Reinstatement and recall" in the catchline.

Subsec. (a), Pub. L. 86–723, § 10(b), deleted "by reason of appointment to some other position in the Government service and who has served continuously in the Government up to the time of reinstatement" preceding "The Secretary."

Subsec. (b). Pub. L. 86-723, § 10(c) provided for recall to temporary duty on basis of public interest rather than determination of existence of an emergency. Subsec. (c). Pub. L. 86-723, § 10(d), added subsec. (c). EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART C.-FOREIGN SERVICE RESERVE OFFICERS

§ 922. Appointments and assignments to Reserve. Whenever the services of a person who is a 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 five years each, a person not in the employ of the Government whom the Board of the Foreign Service shall deem to have outstanding qualifications;

(2) assign as a Reserve officer for nonconsecutive periods of not more than five 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; and

(3) extend the appointment or assignment of any Reserve officer, or continue the services of any such Reserve officer by reappointment without regard to the provisions of section 927 of this title, for not more than five additional years if the Secretary deems it to be in the public interest to continue such officer in the Service, except that the assignment of any Reserve officer under paragraph (2) above may not be extended under the provisions of this paragraph without the consent of the head of the agency concerned. (As amended July 24, 1959, Pub. L. 86-108, ch. VII, § 701(b), 73 Stat. 257.)

AMENDMENTS

1959-Pub. L. 86-108 added paragraph (3).

§ 925. Repealed. Pub. L. 86–723, § 52(2), Sept. 8, 1960, 74 Stat. 847.

Section, act Aug. 13, 1946, ch. 957, title V, § 525, 60 Stat. 1010, authorized the Secretary to define the active duty period of Reserve officers.

EFFECTIVE DATE OF REPEAL

Repeal of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

§ 928. Reinstatement of Reserve officers.

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 he 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 the Classification Act of 1949, 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. (As amended Sept. 8, 1960, Pub. L. 86-723, § 11, 74 Stat. 833.)

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1960-Pub. L. 86-723 substituted "the Classification Act of 1949" for "subsection (d) of section 667 of Title 5."

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART D.-FOREIGN Service Staff OfFICERS AND EMPLOYEES

§ 936. Appointments.

The Secretary may, under such regulations as he may prescribe, appoint staff officers and employees on the basis of qualifications and experience. The Secretary may make provisions for temporary, limited, and such other types of appointment as he may deem necessary. He is authorized to establish appropriate probationary periods during which newly appointed staff officers or employees, other than those appointed for temporary or limited services shall be required to serve. The Secretary may terminate at any time, without regard to the provisions of section 1007 of this title, or the provisions of any other law, the services of staff officers or employees appointed for temporary or limited service and staff officers or employees who have not completed probationary periods, except that if such separation is by reason of misconduct the provisions

of section 1007 of this title shall be applicable. (As amended Sept. 8, 1960, Pub. L. 86–723, § 12, 74 Stat. 833.)

AMENDMENTS

1960-Pub. L. 86-723 clarified authority of Secretary to prescribe regulations governing appointments of personnel in terms of tenure and authorized the Secretary to establish a probationary period of appropriate length and to terminate appointments of nonpermanent personnel without regard to provisions of section 1007 of this title.

EFFECTIVE DATE OF 1960 AmendmenT Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

§ 937. Assignments and transfers.

Under such regulations as he may prescribe, the Secretary may assign a staff officer or employee to any post or he may assign him to serve in any position in which he is eligible to serve under the terms of this or any other Act. A staff officer or employee may be transferred from one post to another by order of the Secretary as the interests of the Service may require. (As amended Sept. 8, 1960, Pub. L. 86723, § 13, 74 Stat. 833.)

REFERENCES IN TEXT

This Act, referred to in the text, refers to the Foreign Service Act of 1946, which is classified to this chapter.

AMENDMENTS

1960-Pub. L. 86-723 simplified the language regarding assignments and transfers and eliminated the provision for promotion to a vacant position in a higher class at the same or higher rate of salary upon demonstration of ability to assume duties of greater responsibility which is now incorporated in section 1016 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment of section by Pub. L. 86-723 effective the first day of first pay period which begins more than thirty days after Sept. 8, 1960, see section 56(a) of Pub. L. 86-723, set out as a note under section 809 of this title.

PART H.-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL

§ 961. Assignments to any Government agency or international organization; tour of duty; compensation.

(a) Any officer or employee of the Service may, in the discretion of the Secretary, be assigned or detailed for duty in any Government agency, or in any international organization, international commission, or international body, such an assignment or combination of assignments to be for a period of not more than four years, except that under special circumstances the Secretary may extend this fouryear period for not more than four additional years: Provided, That in individual cases when personally approved by the Secretary further extension may be made.

(b) If a Foreign Service officer shall be appointed by the President, by and with the advice and consent of the Senate, or by the President alone, to a position in any Government agency, any United States delegation or mission to any international organization, in any international commission, or in any international body, the period of his service in such capacity shall be construed as constituting an assignment within the meaning of subsection (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 contained in subsection (a) of this section.

(c) 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 officer 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 and allowances of the position in which he is serving in lieu of his salary and allowances as an officer or employee of the Service. Any salary paid under the provisions of this section shall be the salary on the basis of which computations and payments shall be made in accordance with the provisions of subchapter VIII of this chapter. No officer or employee of the Service who, subsequent to September 8, 1960, is assigned to, or who, after June 30, 1961, occupies a position in the Department that is designated as a Foreign Service officer position, shall be entitled to receive a salary differential under the provisions of this subsection.

(d) The salary of an officer or employee assigned pursuant to the terms of this section shall be paid from appropriations made available for the payment of salaries of officers and employees of the Service. Such appropriations may be reimbursed, however, when the Secretary enters into reimbursement agreements for all or any part of the salaries of officers or employees assigned to such agencies and payment is received pursuant thereto, or when an officer or employee of the Service is assigned to a position the salary of which is payable from other funds available to the Department. (As amended Sept. 8, 1960, Pub. L. 86-723, § 14, 74 Stat. 833; Dec. 16, 1963, Pub. L. 88-205, pt. IV, § 404 (a), 77 Stat. 391.)

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-205 inserted proviso that in individual cases, when personally approved by the Secretary, further extension may be made.

1960-Pub. L. 86-723, § 14(a), inserted "or international organization" in the catchline.

Subsec. (a). Pub. L. 86-723, § 14(a), authorized the Secretary to assign personnel of the Service to any international organization, international commission, or international body.

Subsec. (b). Pub. L. 86-723, § 14(a), redesignated former subsec. (c) as (b), authorized appointments by President alone, provided for appointments to any United States delegation or mission to any international organization, international commission, or international body. and eliminated "for duty" preceding "within the meaning of subsection (a)", "or concerning reassignment" preceding "contained in subsection (a)" and the provisions deeming an assignment under the provisions of this section the acceptance of a position in a Government agency upon resignation or retirement from the Service on or after Nov. 14, 1957, but prior to June 30, 1958, for purpose of such acceptance and authorizing adjustment with respect to special contributions deposited in the Retirement and Disability Fund by such personnel on salaries in excess of $13,500. Former subsec. (b) related to appointment and term of Foreign Service officer as Director General and reassignment to a position in the Department upon expiration of prescribed period following such appointment.

Subsec. (c). Pub. L. 86-723, § 14(a), redesignated former subsec. (d) as (c), inserted therein "and allowances" in two instances, deleted therefrom "shall be paid