(b) The membership of the Board of Examiners for the Foreign Service, not more than half of which shall consist of Foreign Service officers, shall be constituted in accordance with regulations prescribed by the Secretary. (Aug. 13, 1946, ch. 957, title П, § 212, 60 Stat. 1001.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

SUBCHAPTER III.-DUTIES OF OFFICERS AND EMPLOYEES

PART A.-GENERAL

§ 841. Compliance with laws, international agreements, and executive orders.

Officers and employees of the Service shall, under the direction of the Secretary, represent abroad the interests of the United States and shall perform the duties and comply with the obligations resulting from the nature of their appointments or assignments or imposed on them by the terms of any law or by any order or regulation issued pursuant to law or by any international agreement to which the United States is a party. (Aug. 13, 1946, ch. 957, title III, § 301, 60 Stat. 1001.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

§ 842. Regulations of Secretary governing duties.

The Secretary shall, except in an instance where the authority is specifically vested in the President, have authority to prescribe regulations not inconsistent with the Constitution and the laws of the United States in relation to the duties, functions, and obligations of officers and employees of the Service and the administration of the Service. (Aug. 13, 1946, ch. 957, title III, § 302, 60 Stat. 1001.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

DELEGATION OF RULE MAKING AUTHORITY BY PRESIDENT Ex. Ord. No. 9452, June 27, 1944, 9 F. R. 7183, as amended by Ex. Ord. No. 9514, Jan. 19, 1945, 10 F. R. 771, authorized the Secretary of State to make rules and regulations governing the Foreign Service.

§ 843. Delegation of authority to prescribe regulations. In cases where authority to prescribe regulations relating to the Service or the duties and obligations of officers and employees of the Service is specifically vested in the President by the terms of this chapter or any other Act, the President may, nevertheless, authorize the Secretary to prescribe such regulations. (Aug. 13, 1946, ch. 957, title III, § 303, 60 Stat. 1002.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

PART B.-SPECIAL

§ 846. Services for Government agencies and establishments.

The officers and employees of the Service shall, under such regulations as the President may pre

scribe, perform duties and functions in behalf of any Government agency or any other establishment of the Government requiring their services, including those in the legislative and judicial branches, but the absence of such regulations shall not preclude officers and employees of the Service from acting for and on behalf of any such Government agency or establishment whenever it shall, through the Department, request their services. (Aug. 13, 1946, ch. 957, title III, § 311, 60 Stat. 1002.) EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

Ex. ORD. NO. 10249. REGULATIONS WITH RESPECT TO REPORTING FUNCTIONS

Ex. Ord. No. 10249, June 5, 1951, 16 F. R. 5309, provided: SECTION 1. As used in this order, the words "foreign data" shall mean any data obtained or to be obtained in foreign countries, including reports, statistics, and publications.

SEC. 2. Subject to the provisions of this order, the Department of State shall obtain for any Federal department or agency, through the Foreign Service of the United States, such foreign data as such department or agency may request through the Department of State.

SEC. 3. The Secretary of State is authorized and directed to prepare and maintain, for use in carrying out the purposes of this order, (a) a comprehensive statement of the types of foreign data appropriate to be obtained through the Foreign Service which would be of substantial use to the United States, with due attention in the preparation of this statement to the relative importance of the several types of data, and (b) standards which shall govern the determination by the Department of State to transmit or not to transmit to the Foreign Service, for action, any request for foreign data, and which shall also govern the assignment of priorities by the Department of State to the several requests transmitted by it to the Foreign Service for action. In connection with the preparation of the said statement and standards and any revision thereof, the Department of State shall afford interested Federal departments and agencies opportunity for consultation and shall accord their advice appropriate consideration.

SEC. 4. The Department of State may assign priorities to requests for foreign data, which priorities shall govern the Foreign Service in connection with the furnishing of the requested data; and it may take such measures as may be necessary or appropriate to keep the work falling upon the Foreign Service by reason of the furnishing of data to Federal departments and agencies within the resources of the Foreign Service available for such work. In carrying out the provisions of this section, the Department of State shall, to the extent practicable, be guided by the determinations of any other department or agency requesting foreign data as to the relative priorities of any two or more requests made by such department or agency. SUBCHAPTER IV.-PERSONNEL CATEGORIES AND SALARIES

PART A.-CATEGORIES OF PERSONNEL

§ 861. Division of personnel.

The personnel of the Service shall consist of the following categories of officers and employees:

(1) Chiefs of mission, who shall be appointed or assigned in accordance with the provisions of section 901 of this title;

(2) Foreign Service officers, who shall be appointed in accordance with section 906 of this title, including those serving as chiefs of mission;

(3) Foreign Service Reserve officers, who shall be assigned to the Service on a temporary basis from

EFFECTIVE DATE Effective date of section, see note set out under section 801 of this title.

$870. Staff officers and employees.

There shall be twenty-two classes of Foreign Service staff officers and employees, referred to in this chapter as staff officers and employees. The per annum rates of salary of staff officers and employees within each class shall be as follows:

Class 1, $9,150, $9,450, $9,750, $10,050, $10,330; Class 2, $8,430, $8,670, $8,910, $9,150, $9,450; Class 3, $7,710, $7,950, $8,190, $8,430, $8,670; Class 4, $6,990, $7,230, $7,470, $7,710, $7,950; Class 5, $6,450, $6,630, $6,810, $6,990, $7,230, $7,470; Class 6, $5,910, $6,090, $6,270, $6,450, $6,630, $6,810; Class 7, $5,370, $5,550, $5,730, $5,910, $6,909, $6,270; Class 8, $4,830, $5,010, $5,190, $5,370, $5,550, $5,730; Class 9, $4,290, $4,470, $4,650, $4,830, $5,010, $5,190; Class 10, $3,930, $4,050, $4,170, $4,290, $4,470, $4,650, $4,830;

Class 11, $3,570, $3,690, $3,810, $3,930, $4,050, $4,170, $4,290;

Class 12, $3,210, $3,330, $3,450, $3,570, $3,690, $3,810, $3,930;

Class 13, $2,850, $2,970, $3,090, $3,210, $3,330, $3,450, $3,570;

Class 14, $2,490, $2,610, $2,730, $2,850, $2,970, $3,090, $3,210;

Class 15, $2,310, $2,370, $2,430, $2,490, $2,610, $2,730, $2,850;

Class 16, $2,130, $2,190, $2,250, $2,310, $2,370, $2,430, $2,490;

Class 17, $1,950, $2,010, $2,070, $2,130, $2,190, $2,250, $2,310;

Class 18, $1,770, $1,830, $1,890, $1,950, $2,010, $2,070, $2,130;

Class 19, $1,590, $1,650, $1,710, $1,770, $1,830, $1,890, $1,950;

Class 20, $1,410, $1,470, $1,530, $1,590, $1,650, $1,710, $1,770;

Class 21, $1,230, $1,290, $1,350, $1,410, $1,470, $1,530, $1,590;

Class 22, $1,050, $1,110, $1,170, $1,230, $1,290, $1,350, $1,410. (Aug. 13, 1946, ch. 957, title IV, § 415, 60 Stat. 1003; July 6, 1949, ch. 300, § 1 (a), 63 Stat. 401.) AMENDMENTS 1949-Act July 6, 1949, increased all basic pay rates by $330 per annum.

EFFECTIVE DATE OF 1949 AMENDMENT

The basic compensation increases made by the amendment of this section by section 1 (a) of act July 6, 1949, became effective as of the first day of the first pay period which began after June 30, 1948.

EFFECTIVE DATE

OVERTIME, NIGHT, AND HOLIDAY COMPENSATION INCREASE FOR WORK PRIOR TO JULY 6, 1949

Section 1 (c) of act July 6, 1949, provided that: "No person whose compensation is increased by this section [amending sections 867 and 870 of this title] shall be entitled to any overtime pay, or compensation for night and holiday work, as provided in sections 201, 301, and 302 of the Federal Employees Pay Act of 1945, as amended [sections 911, 921 and 922 of Title 5, Executive Departments and Government Officers and Employees], based on the additional compensation provided by this section for any pay period ending prior to the date of enactment of this Act [July 6, 1949]."

INCREASE IN COMPENSATION OF PERSONNEL Increase in compensation of Foreign Service staff offcers and employees, see note under section 867 of this title.

§ 871. Same; appointive salary.

A person appointed as a staff officer or employee shall receive 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. (Aug. 13, 1946, ch. 957, title IV, § 416, 60 Stat. 1004.)

REFERENCES IN TEXT

Section 681 (d) (vi) of Title 5, referred to in the text, was repealed by act Oct. 28, 1949, ch. 782, title XII, § 1202, 63 Stat. 973, and is not now covered.

EFFECTIVE DATE

Effective date of section, see note set out under section 801 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 (b) 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. (Aug. 13, 1946, ch. 957, title IV, § 417, 60 Stat. 1004.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

§873. Consular agents.

The salary or compensation of a consular agent 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 890 of this title. (Aug. 13, 1946, ch. 957, title IV, § 418, 60 Stat. 1004.)

EFFECTIVE DATE Effective date of section, see note set out under section 801 of this title.

PART C.-SALARIES OF OFFICERS TEMPORARILY
IN CHARGE

§ 876. Chargés D'Affaires ad interim.

For such time as any Foreign Service officer shall be authorized to act as chargé d'affaires ad interim

at the post to which he is assigned, he shall receive, in addition to his basic salary as Foreign Service officer, compensation equal to that portion of the difference between such salary and the basic salary provided for the chief of mission as the Secretary may determine to be appropriate. (Aug. 13, 1946, ch. 957, title IV, § 421, 60 Stat. 1004.) EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

§877. Officers in charge of consulate general or consulates.

For such time as any Foreign Service officer or any consul or vice consul who is not a Foreign Service officer is temporarily in charge of a consulate general or consulate during the absence or incapacity of the principal officer, he shall receive, in addition to his basic salary as Foreign Service officer or consul or vice consul, compensation equal to that portion which the Secretary shall determine to be appropriate of the difference between such salary and the basic salary provided for the principal officer, or, if there be none, of the former principal officer. (Aug. 13, 1946, ch. 957, title IV, § 422, 60 Stat. 1004.) EFFECTIVE DATE

Effective date of section, see note set out under section 801 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 the termination of time spent on authorized leave, whichever shall be later, 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 has rendered such additional services to the Department as the Secretary may require him to render in the interests of the Government for a period not in excess of thirty days, exclusive of time spent in transit.

(c) During the service of a Foreign Service officer as chief of mission he shall receive, in addition to his salary as Foreign Service Officer, compensation equal to the difference, if any, between such salary and the salary of the position to which he is appointed or assigned. (Aug. 13, 1946, ch. 957, title IV, § 431, 60 Stat. 1004.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

§ 882. Officers and employees; appointment during Senate recess; salary upon promotion.

(a) Under such regulations as the Secretary may prescribe, any officer or employee appointed to the Service may be entitled to receive salary from the effective date of his appointment to the date when he shall have returned to his place of residence at the conclusion of the period of his official service, or the termination of time spent on authorized leave, whichever shall be later, but no such officer or employee shall be entitled to receive salary while absent from his post whenever the Secretary shall find that such absence was without authorization or justification.

(b) A Foreign Service officer, appointed during a recess of the Senate, shall be paid salary from the effective date of his appointment until the end of the next session of the Senate, if he has not theretofore been confirmed by the Senate, or until his rejection by the Senate before the end of its next session.

(c) A Foreign Service officer promoted to a higher class shall receive salary at the rate prescribed in section 867 of this title for the class to which he is promoted from the effective date of his appointment to such class. A Foreign Service officer promoted to a higher class during a recess of the Senate shall receive salary at the rate prescribed for the class to which he is promoted from the effective date of his appointment to such class until the end of the next session. If the Senate should reject or fail to confirm the promotion of such an officer during the session following the date of his promotion, the Foreign Service officer shall, unless he has become liable to separation in accordance with the provisions of section 1003 or 1004 of this title, be automatically reinstated in the class from which he was promoted and receive the salary he was receiving prior to his promotion, such reinstatement to be effective, in the event of rejection of the nomination, from the date of rejection; and in the event of the failure of the Senate to act on the nomination during the session following a promotion, from the termination of that session. (Aug. 13, 1946, ch. 957, title IV, § 432, 60 Stat. 1005.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

PART E.-CLASSIFICATION OF POSITIONS

§ 886. Classification by Secretary.

Under such regulations as he may prescribe, the Secretary shall classify all positions in the Service, including those positions at foreign posts which may be held by career ministers, and shall allocate all positions occupied or to be occupied by staff officers or employees to classes and subclasses established by sections 870 and 887 of this title, respectively, and by alien employees and consular agents to such classes as may be established by regulation. (Aug. 13, 1945, ch. 957, title IV, § 441, 60 Stat. 1005.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

RULES GOVERNING SALARY DETERMINATIONS FOR INITIAL

CLASSIFICATION

Section 1105 of act Aug. 13, 1946, provided that: "In making the initial classification of the Service for Foreign Service staff officers and employees in accordance with the provisions of sections 441 and 442 [sections 886 and 887 of this title], the following rules shall apply: "(1) The principle of equal compensation for equal work, irrespective of sex, shall be followed.

"(2) If an officer or employee is receiving basic salary at less than the minimum rate of the class or subclass to which the position he holds is allocated, his salary shall be increased to the lowest basic salary of that class or subclass.

"(3) If an officer or employee is receiving a basic salary within the range provided for the class or subclass to which the position he holds is allocated, and at one of the rates within that range, no change shall be made in his basic salary; if his basic salary rate is within the range but does not correspond to any one of the rates prescribed for that range by section 415 [section 870 of this title], his salary shall be adjusted by fixing it at the next higher rate above the rate which he is receiving.

"(4) If an officer or employee is receiving basic salary at a rate in excess of the maximum basic salary rate provided by section 415 [section 870 of this title], for the class or subclass to which the position he holds is allocated in accordance with the provisions of section 1103 [set out as a note under section 936 of this title], he shall not suffer a diminution in salary as a consequence of the classification of the position which he holds so long as he continues to occupy that position, but if he is not receiving salary at one of the rates prescribed in section 415 [section 870 of this title], his salary shall be adjusted by fixing it at the next higher rate above the rate which he is receiving."

CROSS REFERENCES

Foreign Service staff officers and employees, section as applicable to appointments of, see section 936 of this title.

§ 887. Establishment of new groups of positions for officers and employees.

The Secretary may, whenever he deems such action to be in the interests of good administration and warranted by the nature of the duties and responsibilities of any group of positions occupied or to be occupied by staff officers and employees in comparison with other positions in the same class, establish by regulation for any such group of positions a minimum salary computed at any one of the rates of salary above the minimum for a given class but not in excess of the middle rate provided for that class in section 870 of this title. Such groups of positions shall, for the purposes of this chapter, be known as subclasses. (Aug. 13, 1946, ch. 957, title IV, § 442,

60 Stat. 1006.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

CROSS REFERENCES

Foreign Service staff officers and employees, section as applicable to appointments of, see section 936 of this title.

§ 888. Establishment of salary differentials.

Whenever the President shall find and declare that the rates of salary provided for Foreign Service staff officers and employees in section 870 of this title are inadequate for any positions allocated to any particular class or subclass, he may, under such regulations as he may prescribe, establish necessary schedules of differentials in the rates of salary pre

scribed for such classes or subclasses, but the differential in salary of a person holding any such position shall not exceed 25 per centum of the salary he would otherwise receive. Such differentials shall be granted only with respect to positions at posts at which extraordinarily difficult living conditions or excessive physical hardship prevail or at which notably unhealthful conditions exist. The Secretary shall prepare and maintain a list of such posts. (Aug. 13, 1946, ch. 957, title IV, § 443, 60 Stat. 1006.) EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

CROSS REFERENCES

Foreign Service staff officers and employees, section as applicable to appointments of, see section 936 of this title.

§ 889. Alien clerks and employees.

(a) Upon the basis of the classification provided for in section 886 of this title, the Secretary shall, with the advice of the Board of the Foreign Service, from time to time prepare schedules of salaries for classes of positions of alien clerks and employees of the Service, which classes shall be established by regulation, and shall allocate all such positions to the appropriate classes.

(b) All alien employees in an area of comparatively uniform wage scales and standards of living, occupying positions of equal responsibility, shall receive equal pay except as there may be increases provided for length of service in accordance with uniform procedures. (Aug. 13, 1946, ch. 957, title IV, § 444, 60 Stat. 1006.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

CROSS REFERENCES

Appointment of alien clerks and employees in accordance with provisions of this section, see section 946 of this title.

§ 890. Consular agents.

Upon the basis of the classification provided for in section 886 of this title, the Secretary shall, with the advice of the Board of the Foreign Service, from time to time prepare schedules of salaries for classes of positions of consular agents, which classes shall be established by regulation, and shall allocate all such positions to the appropriate classes. (Aug. 13, 1946, ch. 957, title IV, § 445, 60 Stat. 1006.)

EFFECTIVE DATE

Effective date of section, see note set out under section 801 of this title.

CROSS REFERENCES

Appointment of consular agents in accordance with provisions of this section, see section 951 of this title.

SUBCHAPTER V.-APPOINTMENTS AND

ASSIGNMENTS

PART A.-PRINCIPAL DIPLOMATIC REPRESENTATIVES

§ 901. Appointment and assignment by President. (a) The President shall, by and with the advice and consent of the Senate, appoint ambassadors and ministers, including career ministers.