22 U.S.C. § 3944: Chiefs of Mission

Summary

Chiefs of mission must be able to do the job. They should know, as much as possible, the main language, history, culture, and institutions of the country where they will serve. These jobs should normally go to career Foreign Service members, but qualified non‑career people can be chosen sometimes. Political campaign contributions must not be a reason for picking someone. With each nomination, the President must send the Senate Foreign Relations Committee a report showing the nominee’s demonstrated ability to do the job. The Secretary of State must give the President names and information about career Foreign Service members who are qualified to be chiefs of mission. Each year the Secretary must also give the President the names and information of between 5 and 10 career civil servants at the Department of State or USAID who are qualified. Every nominee for chief of mission, ambassador at large, or minister must file, when nominated, a sworn report with the Senate Foreign Relations Committee and the Speaker of the House listing contributions by the nominee and by immediate family members during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomination and ending on the date of the nomination. The committee chair must have each report printed in the Congressional Record. "Contribution" is as defined in 52 U.S.C. 30101(8). "Immediate family" means the spouse, any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them.

Title 22, §3944

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Qualifications; preference for career members; political contributions as factor in appointment; demonstrated competency report

(1)An individual appointed or assigned to be a chief of mission should possess clearly demonstrated competence to perform the duties of a chief of mission, including, to the maximum extent practicable, a useful knowledge of the principal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the interests of that country and its people.

(2)Given the qualifications specified in paragraph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant appointments from time to time of qualified individuals who are not career members of the Service.

(3)Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission.

(4)The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated competence of that nominee to perform the duties of the position in which he or she is to serve.

(b)Furnishing of information by Secretary; political campaign contributions report

(1)In order to assist the President in selecting qualified candidates for appointment or assignment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members.

(2)The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mission, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International Development who are qualified to serve as chiefs of mission, together with pertinent information about such individuals.

(3)Each individual nominated by the President to be a chief of mission, ambassador at large, or minister shall, at the time of nomination, file with the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report of contributions made by such individual and by members of his or her immediate family during the period beginning on the first day of the fourth calendar year preceding the calendar year of the nomination and ending on the date of the nomination. The report shall be verified by the oath of the nominee, taken before any individual authorized to administer oaths. The chairman of the Committee on Foreign Relations of the Senate shall have each such report printed in the Congressional Record. As used in this paragraph, the term “contribution” has the same meaning given such term by section 30101(8) of title 52, and the term “immediate family” means the spouse of the nominee, and any child, parent, grandparent, brother, or sister of the nominee and the spouses of any of them.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (b)(2), (3). Pub. L. 118–31 added par. (2) and redesignated former par. (2) as (3). 1999—Subsec. (c). Pub. L. 106–113 struck out subsec. (c) which read as follows: “Within 6 months after assuming the position, the chief of mission to a foreign country shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report describing his or her own foreign language competence and the foreign language competence of the mission staff in the principal language or other dialect of that country.”

Statutory Notes and Related Subsidiaries

Public Availability of Reports on Nominees To Be Chiefs of Mission Pub. L. 114–323, title VII, § 712, Dec. 16, 2016, 130 Stat. 1945, provided that: “Not later than 7 days after submitting the report required under section 304(a)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3944(a)(4)) to the Committee on Foreign Relations of the Senate, the President shall make the report available to the public, including by posting the report on the website of the Department [of State] in a conspicuous manner and location.”

§3944 Chiefs of Mission