APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE 14 SEC. 522. 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; and any (2) assign as a Reserve officer for nonconsecutive periods of not more than five years each a person regularly employed in 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. APPOINTMENT OR ASSIGNMENT TO A CLASS SEC. 523. A Reserve officer, appointed or assigned to active duty, shall be appointed or assigned to a class and not to a particular post, and such an officer may be assigned to posts and may be transferred from one post to another by order of the Secretary as the interests of the Service may require. The class to which he shall be appointed or assigned shall depend on his age, qualifications, and experience. COMMISSIONS SEC. 524. Whenever the Secretary shall deem it in the interests of the Service that a Reserve officer shall serve in a diplomatic or consular capacity, he may recommend to the President that such officer be commissioned as a diplomatic or consular officer or both. The President may, by and with the advice and consent of the Senate, commission such officer as a diplomatic or consular officer or both, and all official acts of such an officer while serving under a diplomatic or consular commission shall be performed under his commission as a diplomatic or consular officer. In all other cases, appropriate rank and status, analogous to that of Foreign Service officers engaged in work of comparable importance shall be provided to permit Reserve officers to carry out their duties effectively. ACTIVE DUTY SEC. 525. The Secretary shall by regulation define the period during which a Reserve officer shall be considered as being on active duty. BENEFITS SEC. 526. A Reserve officer shall, except as otherwise provided in regulations which the Secretary may prescribe, receive all the allowances, privileges, and benefits which Foreign Service officers are entitled to receive in accordance with the provisions of title IX. REAPPOINTMENT OR REASSIGNMENT OF RESERVE OFFICERS SEC. 527. A person who has served as a Reserve officer may not be reappointed or reassigned to active duty until the expiration of a 14 As amended by P. L. 22, 84th Cong. (69 Stat. 24; 22 U. S. C. 922). period of time equal to his preceding tour of duty or until the expiration of a year, whichever is the shorter. REINSTATEMENT OF RESERVE OFFICERS SEC. 528. 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 subsection (d), section 7, of the Classification Act of 1923,15 as amended, 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. PART D-FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES APPOINTMENTS SEC. 531. The Secretary shall appoint staff officers and employees under such regulations as he may prescribe and, as soon as practicable, in accordance with the provisions of sections 441, 442, and 443. ASSIGNMENTS AND TRANSFERS SEC. 532. The Secretary may, in accordance with uniform procedures established in such regulations as he may prescribe, assign a staff officer or employee to a position at any post and transfer such a person from a position in one class to a vacant position within the same class, and from one post to another. Upon demonstration of ability to assume duties of greater responsibility, such person may, as provided in section 641, be promoted to a vacant position in a higher class at the same or at a higher rate of salary and he may be transferred from one post to another in connection with such promotion. COMMISSION AS CONSUL OR VICE CONSUL SEC. 533. On the recommendation of the Secretary, the President may, by and with the advice and consent of the Senate, commission a staff officer or employee as consul. The Secretary may commission a staff officer or employee as vice consul. Official acts of staff officers or employees while serving under consular commissions in the Service shall be performed under their respective commissions as consular officers. CITIZENSHIP REQUIREMENT SEC. 534. No person shall be eligible for appointment as staff officer or employee who is not a citizen of the United States at the time of his appointment. 15 Subsection (d), section 7, of the Classification Act of 1923, as amended, was repealed by the Classification Act of 1949 (P. L. 429, 81st Cong., 63 Stat. 954; 5 U. S. C. 1071) and the substance thereof is now contained in title VII of the later Act. PART E ALIEN CLERKS AND EMPLOYEES APPOINTMENTS SEC. 541. The Secretary shall appoint alien clerks and employees at posts abroad under such regulations as he may prescribe and, as soon as practicable, in accordance with the provisions of section 444. ASSIGNMENTS AND TRANSFERS SEC. 542. The Secretary may assign an alien clerk or employee to a position at any post, and any such clerk or employee may be transferred from a position at one post to a position at another as the interests of the Service may require. PART F-CONSULAR AGENTS SEC. 551. The Secretary may appoint consular agents under such regulations as he may prescribe and, as soon as practicable, in accordance with the provisions of section 445. PART G-ASSIGNMENT OF PERSONNEL BY THE WAR AND NAVY DEPARTMENTS AS COURIERS AND INSPECTORS OF BUILDINGS SEC. 561. The Secretaries of War 16 and Navy are authorized, upon the request of the Secretary, to assign or detail military and naval personnel serving under their supervision for duty as inspectors of buildings owned or occupied abroad by the United States or as inspectors or supervisors of buildings under construction or repair abroad by or for the United States, or for duty as couriers of the Department; and, when so assigned or detailed, they may receive the same traveling expenses as are authorized for officers of the Service, payable from applicable appropriations of the Department. Such assignments or details may, in the discretion of the head of the department concerned, be made without reimbursement from the Department of State. AS CUSTODIANS SEC. 562. The Secretary of the Navy is authorized, upon request of the Secretary of State, to assign enlisted men of the Navy and the Marine Corps to serve as custodians under the supervision of the principal officer at an embassy, legation, or consulate. PART H-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL ASSIGNMENTS TO ANY GOVERNMENT AGENCY SEC. 571. (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, such an assignment or combination of assignments to be for a period of not more than four years, except that under 18 Under the National Security Act of 1947 (P. L. 253, 80th Cong., 61 Stat. 499; 5 U. S. C. 181-1) the Department of War was designated "Department of the Army," and the title of its Secretary became "Secretary of the Army". 17 Section 571 (a) was amended and restated by P. L. 22, 84th Cong. (69 Stat. 24; 22 U. S. C. 961). See also footnote 1. special circumstances the Secretary may extend this four-year period for not more than four additional years. (b) A Foreign Service officer may be appointed as Director General, is notwithstanding the provisions of the last sentence of paragraph (a) of this section, but any such officer may not serve longer than four years in such position or positions and upon the completion of such service may not again be assigned to a position in the Department until the expiration of a period of time equal to his tour of duty as Director General 18 or until the expiration of two years, whichever is shorter. (c) If a Foreign Service officer shall be appointed by the President, by and with the advice and consent of the Senate, to a position in the Department, the period of his service in such capacity shall be construed as constituting an assignment for duty in the Department within the meaning of paragraph (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 or concerning reassignment contained in that paragraph. (d) 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 of the position in which he is serving in lieu of his salary as an officer or employee of the Service. Any salary paid under the provisions of this section shall be paid from appropriations made available for the payment of salaries of officers and employees of the Service and shall be the salary on the basis of which computations and payments shall be made in accordance with the provisions of title VIII. 19(e) 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 with heads of Government agencies 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. COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN THE CONTINENTAL UNITED STATES SEC. 572. Every Foreign Service officer shall, during his first fifteen years of service in such capacity, be assigned for duty in the continental United States in accordance with the provisions of section 571 for periods totaling not less than three years. 18 Reference to the Deputy Director General was deleted by P. L. 73, 81st Cong. (63 Stat. 111; 22 U. S. C 811a). 10 Added by P. L. 22, 84th Cong. (69 Stat. 24; 22 U. S. C. 961 (e)). ASSIGNMENT FOR CONSULTATION OR INSTRUCTION SEC. 573. (a) Any officer or employee of the Service may, in the discretion of the Secretary, be assigned or detailed to any Government agency for consultation or specific instruction either at the commencement, during the course of, or at the close of the period of his official service; and any such detail or assignment, if not more than four months in duration, shall not be considered as an assignment within the meaning of section 571. (b) Any officer or employee of the Service may be assigned or detailed for special instruction or training at or with public or private nonprofit institutions; trade, labor, agricultural, or scientific associations; or commercial firms. ASSIGNMENT TO TRADE, LABOR, AGRICULTURAL, SCIENTIFIC, OR OTHER CONFERENCES SEC. 574. An officer or employee of the Service may, in the discretion of the Secretary, be assigned or detailed for duty with domestic or international trade, labor, agricultural, scientific, or other conferences, congresses, or gatherings, including those whose place of meeting is in the continental United States; or for other special duties, including temporary details under commission not at his post or in the Depart ment. ASSIGNMENTS TO FOREIGN GOVERNMENTS 20 SEC. 575. The Secretary may, in his discretion, assign or detail an officer or employee of the Service for temporary service to or in cooperation with the government of another country in accordance with the provisions of the Act of May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5. U. S. C. 118e). ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS 20 SEC. 576. The Secretary may, in his discretion, assign or detail an officer or employee of the Service for temporary service to or in cooperation with an international organization in which the United States participates under the same conditions as those governing the assignment or detail of officers or employees of the Service to the government of another country in accordance with the provisions of the Act of May 25, 1938, as amended (52 Stat. 442; 53 Stat. 652; 5. U. S. C. 118e). ASSIGNMENT OR DETAIL TO THE UNITED STATES NOT TO AFFECT 21 SEC. 577. An officer or employee of the Service assigned or detailed to the continental United States in accordance with the provisions of this Act shall not be counted as a civilian employee within the meaning of section 607 of the Federal Employees' Pay Act of 1945, as amended by section 14 of the Federal Employees' Pay Act of 1946. 20 The Act of May 25, 1938, as amended, was repealed by section 1004 of P. L. 402, 80th Cong. (62 Stat. 13; 22 U. S. C. 1451). Any reference to that act is construed to be applicable to the appropriate provisions of titles III and IX of P. L. 402, 80th Cong. (62 Stat. 7 and 13; 22 U. S. C. 1451-1453, 1478 and 1479). 21 Section 577 is superseded. Section 607 of the Federal Employees' Pay Act of 1945 (P. L. 106, 79th Cong., 59 Stat. 304) as amended by section 14 of the Federal Employees' Pay Act of 1946 (P. L. 390, 79th Cong., 60 Stat. 219) was repealed by section 301 (85) of P. L. 784, 81st Cong. (64 Stat. 843; 5. U. S. C. 947). |