Chapter 276. For the grading and classification of clerks in the Foreign Service of the United States of America, and providing compensation therefor
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CHAP. 276.— An Act For the grading and classification of clerks in the Foreign Service of the United States of America, and providing compensation therefor. February 23, 1931.[[H. R. 9110](/us/bill/71/hr/9110).][[Public, No. 715](/us/pl/71/715).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the clerks inForeign Service.Classification, etc., of clerks. the Foreign Service of the United States of America shall be graded and classified as follows, and shall receive, within the limitation of such appropriations as the Congress may make, the basic compensations specified:
Senior clerks. Class 1, $4,000; class 2, $3,750; class 3, $3,500; classSenior clerks. 4, $3,250; class 5, $3,000. Junior clerks. Class 1, $2,750; class 2, $2,500; class 3, all clerksJunior clerks. whose compensation as fixed by the Secretary of State is less than $2,500 per annum. Sec. 2. Appointments to the grade of senior clerks andAppointment, advancement. advancement from class to class in that grade shall hereafter be by promotion for efficient service, and no one shall be promoted to the grade of senior clerk who is not an American citizen and has not servedCitizenship, etc., requirement. as a clerk in a diplomatic mission or a consulate, or both, or as a clerk in the Department of State for at least five years.
Sec. 3. That the Secretary of State is hereby authorized, at postsAdditional compensation to meet excessive costs of living at certain posts, authorized. where in his judgment it is required by the public interests for the purpose of meeting the unusual or excessive costs of living ascertained by him to exist, to grant compensation to clerks assigned there in addition to the basic rates herein specified, within such appropriations as Congress may make for such purpose: *Provided, however*,*Proviso*.Report to Congress.
That all such additional compensation with the reasons therefor shall be reported to Congress with the annual Budget. Sec. 4. No clerk who is not an American citizen shall hereafter beCitizenship requirement, clerk in diplomatic mission. appointed to serve in a diplomatic mission. Sec. 5. The President is hereby authorized to prescribe regulations for the administration of the foregoing provisions. Sec. 6. Section 5 of the Act of April 5, 1906, entitled “An Act toVol. 34, p. 101, repealed.[U.
S. C., p. 640](/us/usc/p640). provide for the reorganization of the Consular Service” (United States Code, page 646, section 57), is hereby repealed. Sec. 7. That the Act (Public Numbered 135, Sixty-eighthVol. 43, p. 140, amended.[U. S. C., p. 641](/us/usc/p641). Congress) approved May 24, 1924, entitled “An Act for the reorganization and improvement of the Foreign Service of the United States, and for other purposes,” be, and the same is hereby, amended to read as follows: " “Sec. 8.
That hereafter the Diplomatic and Consular Service ofDiplomatic and Consular Service to be known as the Foreign Service, etc. the United States shall be known as the Foreign Service of the United States. “Sec. 9. That the official designation ‘Foreign Service officers,’ as“Foreign Service officers” construed. employed throughout this Act, shall be deemed to denote permanent officers in the Foreign Service below the grade of minister, all of whom are subject to promotion on merit and who may be appointed*Post*, p. 1209. to either diplomatic or consular positions or assigned to serve in the Department of State subject to section 21 of this Act, at the discretion of the President.
“Sec. 10. That the officers in the Foreign Service shall hereafterClassification, etc., of officers. be graded and classified as follows with the salaries of each class herein affixed thereto, except as increases in salaries are authorized in section 33 of this Act, but not exceeding in number for each class*Post*, p. 1216. a proportion of the total number of officers in the service represented in the following percentage limitations: “Ambassadors and ministers as now or hereafter provided:Ambassadors and ministers.Foreign Service officers.
Foreign Service officers as follows: Class 1, 6 per centum, $9,000 to $10,000; class 2, 7 per centum, $8,000 to $8,900; class 3, 8 per centum,1208$7,000 to $7,900: class 4, 9 per centum, $6,000 to $6,900; class 5, 10 per centum, $5,000 to $5,900; class 6, 14 per centum, $4,500 to $4,900; class 7, $4,000 to $4,400; class 8, $3,500 to $3,900; unclassified, *Proviso*.Inspection officers.$2,500 to $3,400: *Provided*, That as many Foreign Service officers above class 6 as may be required for the purpose of inspection may be detailed by the Secretary of State for that purpose.
“Sec. 11. Commissions, diplomatic, consular, or both.*Provisos*.Approval of Senate.Official acts according to commissions. That Foreign Service officers may be commissioned as diplomatic or consular officers or both: *Provided*, That all such appointments shall be made by and with the advice and consent of the Senate: *And provided further*, That all official acts of such officers while serving under diplomatic or consular commissions in the Foreign Service shall be performed under their respective com-missions as secretaries or as consular officers.
“Sec. 12. Appointment subject to examination or certain Department service.Probation service. That hereafter appointments to the position of Foreign Service officer shall be made after examination and officers so appointed shall serve a suitable period of probation in an unclassified grade or, under such rules and regulations as the President may prescribe, after five years of continuous service in an executive or quasiexecutive position in the Department of State, by transfer *Proviso*.Citizenship requirement for examination eligibility.therefrom, *Provided*, That no candidate shall be eligible for examination for Foreign Service officer who is not an American citizen and who shall not have been such at least fifteen years: *Provided further*, Reinstatement by Executive order.That reinstatement of Foreign Service officers separated from the classified service by reason of appointment to some other position in the Government service may be made by Executive order of the President under such rules and regulations as he may prescribe.
Restriction.Except that the number of such officers reinstated shall not affect the number of the percentage of the class provided in section 10. Appointments by commission to a class.“All appointments of Foreign Service officers shall be by commission to a class and not by a commission to a particular post, and such officers shall be assigned to posts and may be transferred from one post to another by order of the President as the interests of the *Proviso*.Present commissions not impaired.service may require: *Provided*, That the classification of secretaries in the Diplomatic Service and of consular officers is hereby abolished without, however, in any wise impairing the validity of the present commissions of secretaries and consular officers.
“Sec. 13. Vol. 38, p. 806, repealed.[U. S. C., p. 642](/us/usc/p642).Recommendations for promotions. That section 5 of the Act of February 5, 1915 (Public, Numbered 242 ), is hereby repealed. “Sec. 14. That the Secretary of State is directed to report from time to time to the President, along with his recommendations, the names of those Foreign Service officers who by reason of efficient service have demonstrated special capacity for promotion to the grade of minister and the names of those Foreign Service officers and Efficiency record to be kept.clerks and officers and employees in the Department of State who by reason of efficient service, an accurate record of which shall be kept in the Department of State, have demonstrated special efficiency, and also the names of persons found upon taking the prescribed examination to have fitness for appointment to the service, and any Foreign Service officer who may hereafter be promoted to a higher class *Ante*, p. 1207.within the classification prescribed in section 10 of this Act shall have the status and receive the compensation attaching to such higher class from the date stated in his commission as the effective date of his promotion to such higher class.
Consular assistant grade abolished.[R. S., secs. 1697, 1698, repealed](/us/rs/secs1697/secs1698).“That the grade of consular assistant is hereby abolished. “Sec. 15. That sections 1697 and 1698 of the Revised Statutes are hereby repealed. “Sec. 16. Bond required of Foreign Service officer. Every secretary, consul general, consul, vice consul of career, or Foreign Service officer, before he receives his commission1209or enters upon the duties of his office, shall give to the United States a bond, in such form as the President shall prescribe, with such sureties, who shall be permanent residents of the United States, asAmount and purposes. the Secretary of State shall approve, in a penal sum not less than the annual compensation allowed to such officer, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands or to the hands of any other person to his use as such officer under any law now or hereafter enacted, and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such officer:*Provisos*.Existing bonds not impaired.All official acts covered. *Provided*, That the operation of no existing bond shall in any wise be impaired by the provisions of this Act: *Provided further*, That such bond shall cover by its stipulations all official acts of such officer, whether commissioned as diplomatic or consular officer or Foreign Service officer.
The bonds herein mentioned shall be deposited withDeposit in Treasury. the Secretary of the Treasury. “Sec. 17. That the provisions of section 4 of the Act of April 5,Inspectors of diplomatie and consular offices.Vol. 34, p. 100. 1906, relative to the powers, duties, and prerogatives of consuls general at large are hereby made applicable to the Foreign Service officers detailed for the purpose of inspection, who shall, under the direction of the Secretary of State, inspect in a substantially uniform manner the work of diplomatic and consular offices.
“Sec. 18. That the provisions of sections 8 and 10 of the Act ofFees, etc.Application of provisions.Vol. 34, pp. 101, 102. April 5, 1906, relative to official fees and the method of accounting therefor shall apply to diplomatic officers below the grade of minister and to consular officers. “Sec. 19. That under such regulations as the President mayRepresentation allowances. prescribe, and within the limitations of such appropriations as may be made therefor, which appropriations are hereby authorized, ambassadors, ministers, diplomatic, consular, and Foreign Service officers may be granted allowances for representation; and also postPost allowances in addition. allowances wherever the cost of living may be proportionately so high that in the opinion of the Secretary of State such allowances are necessary to enable such diplomatic, consular, and Foreign Service officers to carry on their work efficiently: *Provided*, That all such*Provisos*.Accounting for. allowances shall be accounted for to the Secretary of State in such manner and under such rules and regulations as the President may prescribe and the authorization and approval of such expenditures by the Secretary of State, as complying with such rules and regulations, shall be binding upon all officers of the Government:Report to Congress. *Provided further*, That the Secretary of State shall report all such expenditures annually to the Congress with the Budget estimates of the Department of State.
“Sec. 20. Appropriations are authorized for the salary of a privateAmbassadors allowed private secretaries. secretary to each ambassador to be appointed by the ambassador and hold office at his pleasure. “Sec. 21. That any Foreign Service officer may be assigned forAssignments to Department duty for limited periods. duty in the Department of State without loss of class or salary, such assignment to be for a period of not more than three years, unless the public interests demand further service, when such assignment may be extended for a period not to exceed one year.
NotwithstandingTravel, etc., expenses allowed, when detailed for special duty elsewhere.[R. S. sec. 1742, p. 310, waived](/us/rs/sec1742/p310). the provisions of section 1742 of the Revised Statutes of the United States, any ambassador or minister or any Foreign Service officer of whatever class detailed for duty in connection with trade conferences or international gatherings, congresses, or conferences, or for other special duty not at his post or in the Department of State, except temporarily for purposes of consultation, shall be paid his salary and expenses for travel and subsistence at the rates prescribed by law. 1210 “Sec. 22.
Statutory leave may be ordered after three years’ service abroad. That the Secretary of State is authorized, whenever he deems it to be in the public interest, to order to the United States on his statutory leave of absence any Foreign Service officer or vice consul of career who has performed three years or more of continuous *Proviso*.Transportation allowed officers and families.service abroad: *Provided*, That the expenses of transportation and subsistence of such officers and their immediate families, in traveling from their posts to their homes in the United States and return, shall be paid under the same rules and regulations applicable in the case of officers going to and returning from their posts under orders of the Secretary of State when not on leave: *And provided further*, Duties may be prescribed.That while in the United States the services of such officers shall be available for trade conference work or for such duties in the Department of State as the Secretary of State may prescribe, but the time of such work or duties shall not be counted as leave.
Annual leave with pay.“The Secretary of State is authorized, in his discretion and subject to such regulations as may be issued by the President to grant to any officer or employee of the Foreign Service not to exceed sixty Balling time, etc., excluded.days annual leave of absence with pay. If such officer or employee returns to the United States, the leave of absence granted under the provisions of this section shall be exclusive of the time actually and necessarily occupied in going to and from the United States, and such Cumulative leave.time as may be necessarily occupied in awaiting sailing.
Any portion of sixty days annual leave not granted or availed of in any one year may be cumulative, not to exceed exclusive of time in transit and awaiting sailing, one hundred and twenty days in three years or one *Proviso*.Leave of employees, not American citizens.hundred and eighty days in four years: *Provided further*, That employees, not American citizens, may be granted not to exceed thirty days leave of absence with pay in any one year. Sick leave of absence.“The Secretary of State is also authorized to grant to any officer or employee of the Foreign Service on account of personal illness or on acccount of exposure to a contagious disease which would render presence at a post of duty hazardous to the health of fellow employees, sick leave of absence with pay at the rate of fifteen days a year, the unused portion of such sick leave to be cumulative not to Cumulative sick leave.*Proviso*.Restriction.exceed one hundred and twenty days: *Provided*, That during the first year of operation of this act not to exceed thirty days of additional sick leave of absence with pay may be granted.
Salary when absent from post.“No Foreign Service officer shall be absent from his post with pay for more than forty-eight hours without permission, except as provided herein. [R. S., sec. 1742, repealed](/us/rs/sec1742).Counselors of embassies and legations.Vol. 39, p. 252, amended.“Section 1742 of the Revised Statutes is hereby repealed. “Sec. 23. That the part of the Act of July 1, 1916 (Public, Numbered 131), which authorizes the President to designate and assign any secretary of class 1 as counselor of embassy or legation, is hereby amended to read as follows:
Designation of Foreign Service officers as.“’ *Provided*, That the President may, whenever he considers it advisable so to do, designate and assign any Foreign Service officer as counselor of embassy or legation.’ “Sec. 24. Temporary appointments for specified duties. That within the discretion of the President, any Foreign Service officer may be assigned to act as commissioner, chargé d’affaires, minister resident, or diplomatic agent for such period as the public interests may require without loss of grade, class, or *Proviso*.Salary restriction.salary: *Provided, however*, That no such officer shall receive more than one salary.
“Sec. 25. Pay of officer acting as chargé d’affaires ad interim or in charge of a consulate. That for such times as any Foreign Service officer shall be lawfully authorized to act as chargé d’affaires ad interim or to assume charge of a consulate general or consulate during the absence of the principal officer at the post to which he shall have been assigned, he shall, if his salary is less than one-half that of such1211principal officer, receive in addition to his salary as Foreign Service officer, compensation equal to the difference between such salary and one-half of the salary provided by law for the ambassador, minister, or principal consular officer, as the case may be.
“Sec. 26. The President is authorized to prescribe rules andForeign Service retirement and disability system authorized. regulations for the establishment of a Foreign Service retirement and disability system to be administered under the direction of the Secretary of State and in accordance with the following principles, to wit: “(a) The Secretary of State shall submit annually a comparativeAnnuities, allowances, etc.Annual report of receipts. etc., on account of, to be submitted. report showing all receipts and disbursements on account of refunds, allowances, and annuities, together with the total number of persons receiving annuities and the amounts paid them, and shall submit annually estimates of appropriations necessary to continue this section in full force and such appropriations are hereby authorized: *Provided*, That in no event shall the aggregate total appropriations*Proviso*.Appropriations for, limited to contribution. exceed the aggregate total of the contributions of the Foreign Service officers theretofore made, and accumulated interest thereon.
“(b) There is hereby created a special fund to be known as the ForeignForeign Service retirement and disability fund created. Service retirement and disability fund. “(c) Five per centum of the basic salary of all Foreign ServiceContributions by deductions from salaries of eligible officers. officers eligible to retirement shall be contributed to the Foreign Service retirement and disability fund, and the Secretary of the Treasury is directed on the date on which this Act takes effect to cause such deductions to be made and the sums transferred on theDeductions transferred to fund. books of the Treasury Department to the credit of the Foreign Service retirement and disability fund for the payment of annuities, refunds, and allowances: *Provided*, That all basic salaries in excess*Proviso*.Maximum salary basis. of $10,000 per annum shall be treated as $10,000.
“(d) When any Foreign Service officer has reached the age ofRetirement age. sixty-five years and rendered at least fifteen years of service he shall be retired: *Provided*, That if any such officer shall have served thirty*Proviso*.After thirty years service. years he may be retired at his own request before reaching the age of sixty-five years: *Provided further*, That the President may in hisDiscretionary retention. discretion retain any such officer on active duty for such period prior to his reaching seventy years of age, as he may deem for the interests of the United States.
“(e) Annuities shall be paid to retired Foreign Service officersClassification of annuities based on service and salaries. under the following classification, based upon length of service and at the following percentages of the average annual basic salary forPercentages. the ten years next preceding the date of retirement: Class A, thirty years or more, 60 per centum; Class B, from twenty-seven to thirty years, 54 per centum; Class C, from twenty-four to twenty-seven years, 48 per centum;
Class D, from twenty-one to twenty-four years, 42 per centum; Class E, from eighteen to twenty-one years, 36 per centum; Class F, from fifteen to eighteen years, 30 per centum: *Provided, however*, That in computing the average annual*Provisos*.Computation of average annual basic salary for ten years preceding retirement date. basic salary for the ten years next preceding the date of retirement, so much of an officer’s service as was rendered prior to July 1, 1924, in accordance with the classification and salaries established by laws then in effect, as it is possible to credit to him by applying to all such periods of service rendered prior to July 1, 1924, the rules for corresponding classes in the reclassification provisions in sectionVol. 43, p. 141. 7 of the Act of May 24, 1924, shall be considered as haying been performed in accordance with the classifications and salaries established for Foreign Service officers in section 3 of the Act of May 24, 1924: *And provided further*, That no increases in annuities underIncreases in annuities not to operate retroactively, etc. this Act shall operate retroactively and nothing in this Act shall be interpreted as reducing the rate of the annuity received by any retired officer on the effective date of this Act. 1212 “(f) Officers not contributing for each year of service, to have proportion withheld upon retiring.
Those officers who retire before having contributed for each year of service shall have withheld from their annuities to the credit of the Foreign Service retirement and disability fund such proportion of 5 per centum as the number of years in which they did not *Proviso*.No deductions from annuities after thirty years’ service, etc.contribute bears to the total length of service: *Provided*, That no deductions shall be made from the annuities of officers who have contributed thirty years, and no officer shall be required to contribute more than thirty years in any circumstances.
“(g) Funds to be invested in Federal securities. The Secretary of the Treasury is directed to invest from time to time in interest-bearing securities of the United States such portions of the Foreign Service retirement and disability fund as in his judgment may not be immediately required for the payment of annuities, refunds, and allowances, and the income derived from such investments shall constitute a part of said fund. “(h) Moneys not assignable, subject to attachment, etc.
None of the moneys mentioned in this section shall be assignable either in law or equity, or be subject to execution, levy, or attachment, garnishment, or other legal process. “(i) Legal representatives to receive excess, if annuitant dies before receiving total of contributions. In case an annuitant dies without having received in annuities an amount equal to the total amount of his contributions from salary with interest thereon at 4 per centum per annum compounded annually up to the time of his death, the excess of said accumulated contributions over the said annuity payments shall be paid to his or her legal representatives; and in case a Foreign Service officer shall die without having reached the retirement age the total amount of his contribution with accrued interest shall be paid to his legal representatives.
“(j) Disability retirement before reaching retirement age. That any Foreign Service officer who, before reaching the age of retirement becomes totally disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part, shall, upon his own application or upon order of the President, be retired on an *Provisos*.Medical examination, report of physician.annuity under paragraph
(e)of this section: *Provided, however*, That in each case such disability shall be determined by the report of a duly qualified physician or surgeon designated by the Secretary Subsequent examinations if disability not permanent.of State to conduct the examination: *Provided further*, That unless the disability be permanent, a like examination shall be made annually in order to determine the degree of disability, and the payment of annuity shall cease from the date of the medical examination showing recovery. Fees payable from retirement, etc., fund.“Fees for examinations under this provision, together with reasonable traveling and other expenses incurred in order to submit to examination, shall be paid out of the Foreign Service retirement and disability fund. If annuity discontinued before total contributions received, difference to be paid.“When the annuity is discontinued under this provision before the annuitant has received a sum equal to the total amount of his contributions, with accrued interest, the difference shall be paid to him or to his legal representatives. “(k) Unhealthful posts.Establishing list of.Service credit allowed for duty at. The President is authorized from time to time to establish, by Executive order, a list of places which by reason of climatic or other extreme conditions are to be classed as unhealthful posts, and each year of duty subsequent to January 1, 1900, at such posts inclusive of regular leaves of absence, of officers already retired or hereafter retired, shall be counted as one year and a half, and so on in like proportion in reckoning the length of service for the purpose of retirement, fractional months being considered as full months in *Proviso*.Credit accrued, not cancelled by change in designation.computing such service: *Provided, however*, That the President may at any time cancel the designation of any places as unhealthful without affecting any credit which has accrued for service at such posts prior to the date of the cancellation. 1213 “(l) Whenever a Foreign Service officer becomes separated fromTotal contribution, etc., returned if officer separated from service before retirement age reached. the service except for disability before reaching the age of retirement, or under section 33 of this Act, the total amount of contribution from his salary with interest thereon at 4 per centum per annum compounded annually up to the date of such separation, shall be returned to him. “(m) The Secretary of State is authorized to expend fromAmount authorized from fund for expenses. surplus money to the credit of the Foreign Service retirement and disability fund an amount not exceeding $5,000 per annum for the expenses necessary in carrying out the provisions of this section, including actuarial advice. “(n) Any diplomatic secretary or consular officer who has been orOfficers entitled to retirement benefits. any Foreign Service officer who may hereafter be promoted from the classified service to the grade of ambassador or minister, or appointed to a position in the Department of State, shall be entitled to all the benefits of this section in the same manner and under the same conditions as Foreign Service officers: *Provided*, That any *Proviso*.Present incumbents.officer now included under the Act of May 24, 1924, and the amendment thereto of July 3, 1926, shall be entitled to the benefits of this section. “(o) For the purposes of this Act the period of service shall bePeriods of service computed for retirement. computed from the date of original oath of office as diplomatic secretary, consul general, consul, vice consul, deputy consul, consular assistant, consular agent, commercial agent, interpreter, or student interpreter, and shall include periods of service at different times as either a diplomatic or consular officer, or while on assignment to the Department of State, or on special duty or service in another department or establishment of the Government, but all periods ofPeriods excluded. separation from the service and so much of any period of leave of absence without pay as may exceed six months shall be excluded: *Provided*, That service in the Department of State or as clerk in a*Proviso*.Special contributions from officers having department service. mission or consulate prior to appointment as a Foreign Service officer may be included in the period of service, in which case the officer shall pay into the Foreign Service retirement and disability fund a special contribution equal to 5 per centum of his annual salary for each year of such employment, with interest thereon to date of payment compounded annually at 4 per centum, provided that such special contribution shall be subject to the limitations established by subdivision
(f)of this section. “Sec. 27. In the event of public emergency any retired ForeignRetired officers recalled in public emergency. Service officer may be recalled temporarily to active service by the President, and while so serving he shall be entitled in lieu of his retirement allowance to the full pay of the class in which he is temporarily serving. “Sec. 28. IThat all provisions of law heretofore enacted relatingLaws relating to diplomatic secretaries and officers applicable to Foreign Service officers. to diplomatic secretaries and to consular officers, which are not inconsistent with the provisions of this Act, are hereby made applicable to Foreign Service officers when they are designated for service as diplomatic or consular officers, and that all Acts or partsInconsistent laws repealed. of Acts inconsistent with this Act are hereby repealed. “Sec. 29. That the appropriations contained in Title I of the ActState Department appropriation for 1932 made applicable.*Post*, p. 1309. entitled ‘An Act making appropriations for the Departments of State and Justice and for the Judiciary and for the Departments of Commerce and Labor for the fiscal year ending June 30, 1932, and for other purposes,’ for such compensation and expenses as are affected by the provisions of this Act are made available and may be applied toward the payment of the compensation and expenses herein provided. 1214 “Sec. 30. Office of legal adviser.Established.Office of the Solicitor abolished.Appointment, salary.*Post*, p. 1321. That there is hereby established in the Department of State the office of legal adviser (in lieu of the Solicitor of the Department of State, which office is hereby abolished). The legal adviser shall be appointed by the President by and with the advice and consent of the Senate and shall receive the same salary as Assistant Secretaries of State. “Sec. 31. Foreign Service Personnel Board.Duties. There shall be in the Department of State a Board of Foreign Service Personnel for the Foreign Service, whose duty it shall be to recommend promotions in the Foreign Service and to furnish the Secretary of State with lists of Foreign Service officers Composition.who have demonstrated special capacity for promotion to the grade Chairman.of minister. The board shall be composed of not more than three Assistant Secretaries of State, one of whom shall be the Assistant Secretary of State having supervision over the Division Other officers who may attend meetings.of Foreign Service Personnel, who shall be chairman. The Chief of the Division of Foreign Service Personnel and one other member of the division may attend the meetings of the board and one of them Secretary.shall act as secretary, but they shall not be entitled to vote in its Class of officer assigned.proceedings. No Foreign Service officer below class I shall be assigned for duty in the Division of Foreign Service Personnel. Not eligible for promotion to grade of minister, etc., during assignment, etc.Foreign Service officers assigned to the division shall not be eligible for recommendation by the Board of Foreign Service Personnel for promotion to the grade of minister or ambassador during the period of such assignment or for three years thereafter, nor shall such Limited authority.officers be given any authority except of a purely advisory character, over promotions, demotions, transfers, or separations from the service of Foreign Service officers. “Sec. 32. Division of Foreign Service Personnel. The Division of Foreign Service Personnel shall assemble, record, and be the custodian of all available information in regard to To be custodian of information regarding character, etc., of officers.the character, ability, conduct, quality of work, industry, experience, dependability and general availability of Foreign Service officers, Appraisal of information.including reports of inspecting officers and efficiency reports of supervising officers. All such information shall be appraised at least once in two years and the result of such appraisal expressed in terms of excellent, very good, satisfactory, or unsatisfactory, Statement entered in efficiency records.accompanied by a concise statement of the considerations upon which they are based, shall be entered upon records to be known as the Officer to have opportunity to reply.efficiency records of the officers, and shall constitute their efficiency ratings for the period. No charges against an officer that would adversely affect hid efficiency rating or his value to the service, if true, shall be taken into consideration in determining his efficiency Efficiency records to be kept.rating except after the officer shall have had opportunity to reply thereto. The Assistant Secretary of State supervising the Division of Foreign Service Personnel shall be responsible for the keeping of accurate and impartial efficiency records of Foreign Service officers and shall take all measures necessary to ensure their accuracy and Officers graded biennially, promotion list prepared.impartiality. Not later than November 1 at least every two years, the Division of Foreign Service Personnel shall, under the supervision of the Assistant Secretary of State, prepare a list in which all Foreign Service officers shall be graded in accordance with their Classification of grades.relative efficiency and value to the service. In this list officers shall be graded as excellent, very good, satisfactory, or unsatisfactory Eligible for promotion if satisfactory or above.with such further subclassification as may be found necessary. All officers rated satisfactory or above shall be eligible for promotion in the order of merit to the minimum salary of the next higher class. When promotion list to be effective.This list shall not become effective in so far as it affects promotion until it has been considered by the Board of Foreign Service Personnel hereinbefore provided for and approved by the Secretary1215of State: *Provided*, That this list shall not be changed before the*Proviso*.List to remain unchanged until next succeeding approved. next succeeding list of ratings is approved except in case of extraordinary or conspicuously meritorious service or serious misconduct and any change for such reasons shall be made only afterExceptions. consideration by the Board of Foreign Service Personnel and approval by the Secretary of State, and the reasons for such change when made shall be inscribed upon the efficiency records of the officers affected.Recommendations for promotions from list. From this list of all Foreign Service officers recommendations for promotion shall be made in the order of their ascertained merit within classes. Recommendations shall also be made, in order ofFrom ratings in examinations for appointment, etc. merit, as shown by ratings in the examinations for appointment to the unclassified grade, with commissions also as diplomatic secretaries and vice consuls, of those who have successfully passed the examinations. All such recommendations shall be submitted to theApproval of recommendations. Secretary of State for his consideration and if he shall approve, for transmission to the President. “The correspondence and records of the Division of ForeignConfidential nature of records, etc. Service Personnel shall be confidential except to the President, the Secretary of State, the members of the Board of Foreign Service Personnel, the Assistant Secretary of State supervising the division, and such of its employees as may be assigned to work on such correspondence and records. “Sec. 33. That notwithstanding the provisions of section 10 of thisAnnual salary increases, if rating satis factory or better.*Ante*, p. 1207. Act all Foreign Service officers having a rating of satisfactory or better who shall have been in classes 5, 6, 7, or 8 for a continuous period of nine months or more, shall, on the first day of each fiscal year receive an increase of salary of $100, except that no officer shallException. receive a salary above the maximum of his class and all such officers in classes 1, 2, 3, or 4 shall in the same circumstances receive an increase of $200: *Provided*, That the Secretary of State is authorized*Proviso*.Salaries of officers in unclassified grades.Additional authorized. to fix the salaries of Foreign Service officers in the unclassified grade within the salary range specified in section 10 of this Act; and, within the limits of appropriation therefor, to grant to Foreign Service officers in any class additional promotion in salary within the salary range established for the classes in which they are serving, based upon especially meritorious service. Increases in salary under the terms of this section shall be paid to Foreign Service officers only as the right to such increases accrues after the effective date of this Act. The President is hereby authorized to establish by ExecutiveSeparation from service of officers whose records unsatisfactory. order, regulations providing for the separation of Foreign Service officers from the Foreign Service, in accordance with the conditions hereinafter prescribed. Foreign Service officers so separated from the Foreign Service shall be retired from the service, after a hearingAnnuity basis if officer over 45 years of age. by the Secretary of State, upon an annuity equal to 25 per centum of his salary at the time of retirement, in the case of officers overBonus paid if otherwise. forty-five years of age or in the case of officers under forty-five years of age with a bonus of one year’s salary at the time of his retirement, either annuity or one year’s salary to be payable out of the Foreign Service officers’ retirement and disability fund and except as herein provided, subject to the same provisions and limitations as other annuities payable out of such funds; but no return of contributionsReturn of contributions denied.*Ante*, p. 1212. shall be made under paragraphs
(i)or
(1)of section 26 of this Act in the case of any Foreign Service officer retired under the provisions of this section. Whenever it is determined that the efficiency ratingIf rating unsatisfactory. of an officer is unsatisfactory, thereby meaning below the standard required for the service, and such determination has been confirmed by the Secretary of State, the officer shall be notified thereof, and if, after a reasonable period to be determined by the circumstances in1216each particular case, the rating of such officer continues to be found unsatisfactory and such finding is confirmed by the Secretary of State after a hearing accorded the officer, such officer shall be separated from the service with the annuity or bonus provided in this section, but no officer so separated from the service shall receive Service requirement.the said annuity or bonus unless at the time of separation he shall have served at least fifteen years. He shall, however, if he has not Contributions returned if not required service.served at least fifteen years have returnd to him the full sum of his contribution to the annuity fund, with interest thereon at 4 per Separation for malfeasance in office.centum compounded annually. The benefits of this section, except at the option of the Secretary of State the return of an officer’s contribution to the annuity fund, shall not be given to Foreign Service officers separated from the Foreign Service on account of malfeasance in office. “Sec. 34. Salary not reduced upon promotion to higher class. That nothing in this Act shall be construed to reduce the salary of any Foreign Service officer upon promotion to a higher class. “Sec. 35. Accounting and disbursing offices. That the President is hereby authorized, whenever the necessity for such offices with a view to effecting economies in Establishment authorized.accounting procedure is apparent, to prescribe certain fiscal districts Part of Department of State service.To exercise control over accounts, etc.or areas and to establish within each such district as a part of the Department of State service, a district accounting and disbursing office to exercise control over the accounts and returns of all diplomatic missions and consular offices within the district in Administrative accounting responsibility.such manner as the President may direct. To each such office may be assigned the administrative accounting responsibility for receipts and expenditures of the diplomatic missions and consular offices Accounting for fees.within the district. Each district office shall be in charge of an accountable officer, to whom all fees, and other official monies, received by any diplomatic, consular, or Foreign Service officer may be accounted for, under such rules and regulations as may Disbursements for current expenses, etc.be prescribed by the Secretary of State, all such fees and monies, or the residue thereof after the payment of salaries, allowances, Residue deposited into Treasury.and current expenses of the diplomatic missions and consular offices within the district, to be paid by the district accounting and disbursing Entrusting of monies to bonded officers, authorized.officer into the Treasury of the United States. Such district accounting and disbursing officers accountable for public monies may entrust monies to other bonded officers for the purpose of having them make disbursements as his agent, and the officer to Responsibility therefor.whom the monies are entrusted, as well as the officer who entrusts the monies to him, shall be held pecuniarily responsible therefor Rendering accounts.to the United States. All diplomatic, consular or Foreign Service officers on duty within the area covered by such district offices may be required to render accounts of their disbursements to the officer Bond required.in charge of such district office to be included in his accounts. Said district accounting and disbursing officers and their agents shall be bonded respectively to the United States for the faithful performance of their duties in such penal amounts as the President may require. Appointment.“ *Provided further*, That the Secretary of State is authorized to appoint such district accounting and disbursing officers and their assistants in the same manner as clerks in diplomatic missions and consular offices are appointed. [R. S., sec. 3622, p. 714, amended](/us/rs/sec3622/p714).[U. S. C., p. 1006](/us/usc/p1006).“Section 3622 of the Revised Statutes of the United States (U. S. C., title 31, sec. 496), and any other existing statutes, in so far as they conflict with this section are hereby amended. “Sec. 36. Fees transmitted through Department of State for deposit. That all fees and other official monies received by diplomatic missions or consular offices or by the district accounting and disbursing offices provided in section 35 above, may be trans-1217mitted through the Department of State for deposit in the United States Treasury, or may be used in payment of salaries, allowances, and current expenses of said missions and offices, under such rulesRules, etc., to be prescribed. and regulations as the President may from time to time prescribe; the residue, if any, to be transmitted through the Department of State for deposit in the United States Treasury. Section 3617 of the[R. S., sec, 3617, p. 713, amended](/us/rs/sec3617/p713).[U. S. C., p. 1005](/us/usc/p1005). Revised Statutes of the United States (U. S. C., title 31, sec. 484) is hereby amended. “Sec. 37. That this Act shall take effect on July 1, 1931.”Effective date. " Approved, February 23, 1931.