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Code · BILL · 119th Congress · H.R. 8167 (Introduced in House) — To amend the Foreign Service Act of 1980 to establish a Diplomatic Reserve Corps. · Sec. 3

Sec. 3. Appointments and related matters

1,409 words·~6 min read·/bill/119/hr/8167/ih/section-3

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Chapter 14 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ), as added by section 2 of this Act, is amended by adding at the end the following: The authorized strength of the Diplomatic Reserve Corps as of September 30 of each fiscal year as follows is the number specified for such fiscal year: For fiscal year 2026, 250. For fiscal year 2027, 500. For fiscal year 2028, 750. For any fiscal year after fiscal year 2028, 1,000. Whenever the authorized strength of the Diplomatic Reserve Corps is not prescribed by law, it shall be prescribed by the President.
Except as otherwise prescribed by law, the authorized strength of the Senior Diplomatic Reserve as of September 30 of each fiscal year may not exceed a number equal to 10 percent of the authorized strength of the Diplomatic Reserve Corps as of such date. An individual is eligible for appointment to the Diplomatic Reserve Corps if the individual— is a citizen of the United States; is at least 21 years of age; and meets such physical, mental, and professional qualifications as the Secretary of State shall prescribe.
Notwithstanding subsection (a)(2), if the Secretary determines that the demands of particular service in the Diplomatic Reserve Corps can be met only by individuals of an age higher than that specified in that subsection, the Secretary may prescribe a higher age than that specified in that subsection as a qualification for appointment in the Corps for such service. Notwithstanding subsection (a)(3), if the Secretary determines that an individual who does not otherwise meet the physical qualifications prescribed pursuant to that subsection is capable of the physical discharge of the service in the Diplomatic Reserve Corps for which the individual would be appointed, the individual may be appointed to the Corps for such service.
Any determinations under paragraph
(1)shall be made on case-by-case basis. The authority to make such determinations may not be delegated. The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Diplomatic Reserve Corps. The fact that an applicant for appointment to the Diplomatic Reserve Corps is a veteran or disabled veteran shall be considered an affirmative factor in making appointments to the Corps. In this subsection, the term veteran or disabled veteran has the meaning given that term in section 301(c). An individual may not serve simultaneously as a member of the Diplomatic Reserve Corps and a member of a uniformed service (whether as a regular or a reserve). In this subsection, the term uniformed service means any of the uniformed services specified in section 2101(3) of title 5, United States Code. The President may, by and with the advice and consent of the Senate, appoint an individual as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Reserve. The President may, by and with the advice and consent of the Senate, appoint a retired career member of the Department of State (including a retired career member of the Foreign Service and a retired civilian officer or employee of the Department) as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Retiree Reserve. The Secretary of State may appoint a retired career member of the Senior Foreign Service as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Retiree Reserve if there is no break in service between the individual’s retirement from the Department and commencement of membership in the Senior Diplomatic Retiree Reserve. The Secretary may appoint members of the Diplomatic Reserve Corps in the Diplomatic Reserve in accordance with this chapter and such regulations as the Secretary may prescribe. Any regulations under paragraph
(1)shall conform, to the extent practicable, to the regulations prescribed pursuant to section 303. The Secretary may appoint retired career employees of the Department (including retired career members of the Foreign Service and retired civilian officers or employees of the Department) as members of the Diplomatic Reserve Corps in the Diplomatic Retiree Reserve in accordance with this chapter and such regulations as the Secretary may prescribe. Any regulations under paragraph
(1)shall conform, to the extent practicable, to the regulations prescribed pursuant to subsection (c)(2). The term of any appointment in the Senior Diplomatic Reserve under subsection
(a)shall be such period as the President determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps. The term of appointment under subsection
(b)in the Senior Diplomatic Retiree Reserve shall be as follows: In the case of an individual appointed under subsection (b)(1), such period as the President determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps. In the case of an individual appointed under subsection (b)(2), such period as the Secretary determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps. The term of any appointment under subsection
(c)in the Diplomatic Reserve, or under subsection
(d)in the Diplomatic Retiree Reserve, shall be such period, not to exceed three years, as the Secretary determines as the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps. The appointment of any member of the Diplomatic Reserve Corps may, upon the successful completion of a term of appointment in the Corps, be renewed for a term of length provided for in paragraph (1), (2), or (3), as applicable, in accordance with such regulations as the Secretary may prescribe. The first term of appointment of any member to the Diplomatic Reserve Corps is a probationary period, and such appointment of such member to the Corps may be terminated by the President or the Secretary at any time during such period. Appointment to the Senior Diplomatic Reserve under section 1413(a) shall be to a salary class established under section 1421 that is consistent with the qualifications and experience of the individual appointed. Appointment to the Senior Diplomatic Retiree Reserve shall be to a salary class as follows: In the case of appointment under section 1413(b)(1), to a salary class established under section 1421 that is consistent with the qualifications and experience of the individual appointed. In the case of appointment under section 1413(b)(2), to a salary class established under section 1421 that is no higher than such held by the individual at the time of retirement from the Department. Appointment to the Diplomatic Reserve under section 1413(c) shall be to a salary class and step established under section 1422 that is consistent with the qualifications and experience of the individual appointed. Appointment to the Diplomatic Retiree Reserve under section 1413(d) shall be to a salary class and step established under section 1422 that is no higher than such held by the member at the time of retirement from the Department. The Secretary of State shall prescribe a schedule for identifying the member skills of each member of the Diplomatic Reserve Corps. The purpose of the schedule required by paragraph
(1)shall be to facilitate the ready identification of members of the Diplomatic Reserve Corps with particular skills during mobilizations of members of the Corps under this chapter to assist the Secretary, the Department of State, and the Foreign Service in the discharge of their responsibilities and functions. In order to best achieve the purpose described in paragraph (2), the identifiers of member skills prescribed pursuant to paragraph
(1)shall conform, to the extent practicable, to the skill designators (commonly referred to as skill codes ) assigned to members of the Foreign Service. Upon the appointment of an individual as a member of the Diplomatic Reserve Corps, the Secretary shall assign the member a primary skill identifier, and any appropriate secondary and tertiary skill identifiers, in accordance with the schedule required by subsection (a). Upon any material change in the skills of a member for purposes of the schedule, the Secretary shall assign the member one or more new identifiers under the schedule appropriate to reflect such material change. . Section 312 of the Foreign Service Act of 1980 ( 22 U.S.C. 3952 ) is amended— in subsection (a)— by inserting or the Diplomatic Reserve Corps after the Service the first place it appears; and by inserting or the Corps after the Service the second and third places it appears; and in subsection (b), by inserting or the Diplomatic Reserve Corps after the Service .
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Sec. 3
Appointments and related matters
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