Title 22Foreign Relations and IntercourseRelease 119-73

§3941 General provisions

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER III— - APPOINTMENTS › § 3941

Last updated Apr 6, 2026|Official source

Summary

Only U.S. citizens may be hired into the Foreign Service, except when working abroad as a consular agent or as a foreign national employee. The Secretary must set the exams needed for hiring, like written, oral, physical, and foreign‑language tests, except for chiefs of mission or ambassadors at large. The Board of Examiners must give the oral assessment each year in cities that rotate among at least three different U.S. time zones. Being a veteran or disabled veteran is a positive factor when choosing officer candidates. “Veteran or disabled veteran” means a person who is a preference eligible under subparagraph (A), (B), or (C) of section 2108(3) of title 5. People with career appointments are career members. Those with limited appointments are career candidates or noncareer members. Chiefs of mission, ambassadors at large, and ministers serve as long as the President wants. A Foreign Service officer appointment is a career appointment. Career candidates and career members must not tell income tax authorities in the District of Columbia or any state or local area that they are exempt from income tax because they hold a Presidential appointment that needed Senate confirmation or because they serve in a job that lasts only as long as the President wants.

Full Legal Text

Title 22, §3941

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(1)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).
(2)The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.
(c)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)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–81 designated existing provisions as par. (1) and added par. (2). 1987—Subsec. (d)(3). Pub. L. 100–204 inserted sentence at end relating to exemption from income taxation.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 Amendment Pub. L. 100–204, title I, § 179(b), Dec. 22, 1987, 101 Stat. 1363, 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, § 153(g), Feb. 16, 1990, 104 Stat. 44, required the Secretary of State to enter into a contract with a private organization for a comprehensive review and evaluation of the Foreign Service examination related to cultural, racial, ethnic, and sexual bias issues, and no later than 18 months after Feb. 16, 1990, submit a report to Congress containing the findings of the 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 3941

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73