The Foreign Service of the United States

This executive order delegates presidential authority under the Foreign Service Act of 1980 to the Secretary of State, establishes pay grades for the Senior Foreign Service, creates two boards (Board of Examiners and Board of the Foreign Service), and sets procedures for interagency coordination on personnel matters and retirement system alignment.

46 FR 13969

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Impact dates

Feb 15, 1981
Sections 1-7 effective

Key directives

Delegate presidential functions under Foreign Service Act of 1980 Sections 205, 401(a), 502(c), 613, and 801 to Secretary of State
Secretary of State to consult with specified agency heads on personnel system compatibility
Secretary of State to make recommendations through OMB Director on retirement system conformity under Section 827
Establish Senior Foreign Service salary classes tied to Senior Executive Service pay rates
Delegate authority under Section 2107 to implement pay and benefits pending conversion
Establish Board of Examiners for Foreign Service with minimum 5 career Foreign Service members and 7 from specified agencies
Secretary of State may request retired/retainer pay information from Defense and veterans benefits information from VA Administrator
Sections 1-7 effective February 15, 1981
Establish Board of the Foreign Service with specified agency representation
Authorize Agriculture and Commerce to utilize Foreign Service personnel system for up to 125 and 30 positions respectively without OPM prior approval

Timeline

Immediate

Sections 1-7 effective retroactively to February 15, 1981
Salary classes for Senior Foreign Service established
Functions delegated to Secretary of State

Near term (90d)

Board of Examiners to be constituted with specified membership
Board of the Foreign Service to be constituted with agency representatives
Consultation process with other agencies on personnel system compatibility

Long term

Ongoing retirement system conformity maintenance
Foreign Service personnel system utilization by Agriculture and Commerce departments
Information sharing arrangements with Defense and Veterans Affairs for retirement administration

Risks & tensions

Retroactive effective date (8 days before signing) creates potential legal ambiguity for actions taken in that window
Board composition requirements with mandatory career vs. political appointee balance may create appointment delays
Information sharing with Defense and VA for retirement verification raises privacy considerations, though text limits use to authorized purpose
Position caps for Agriculture (125) and Commerce (30) without OPM approval represent delegated authority that could expand Foreign Service system scope significantly