---
kind: "section"
citation: "22 U.S.C. § 3931"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "3931"
heading: "Board of Examiners"
release: "119-102"
url: "https://uscodex.org/usc/22/3931"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter II — Management of Service"
---

# §3931. Board of Examiners

- (a) **Establishment; membership; chairman—** The President shall establish a [Board](/usc/22/2431a.md?p=4) of Examiners for the [Foreign](/usc/22/3146.md?p=1) Service to develop, and supervise the administration of, examinations prescribed under [section 3941(b) of this title](/usc/22/3941.md?p=b) to be given to candidates for appointment in the Service. The [Board](/usc/22/2431a.md?p=4) shall consist of 15 members appointed by the President (no fewer than 5 of whom shall be appointed from among individuals who are not [Government](/usc/22/3902.md?p=7) [employees](/usc/22/4341.md?p=1) and who shall be qualified for service on the [Board](/usc/22/2431a.md?p=4) by virtue of their knowledge, experience, or [training](/usc/22/8921.md?p=3) in the fields of testing or equal employment opportunity). The [Board](/usc/22/2431a.md?p=4) shall include representatives of [agencies](/usc/22/3902.md?p=2) utilizing the [Foreign](/usc/22/3146.md?p=1) Service personnel system and representatives of other [agencies](/usc/22/3902.md?p=2) which have responsibility for employment testing. The [Board](/usc/22/2431a.md?p=4) shall be chaired by a member of the [Board](/usc/22/2431a.md?p=4), designated by the President, who is a member of the Service.
- (b) **Review of examinations; report to Secretary of State—** The [Board](/usc/22/2431a.md?p=4) of Examiners shall periodically review the examinations prescribed under [section 3941(b) of this title](/usc/22/3941.md?p=b) in order to determine—
  - (1) whether any such examination has an adverse impact on the hiring, promotion, or other employment opportunity of members of any race, sex, or ethnic group;
  - (2) methods of minimizing any such adverse impact;
  - (3) alternatives to any examinations which have such an adverse impact; and
  - (4) whether such examinations are valid in relation to job performance.

  The [Board](/usc/22/2431a.md?p=4) of Examiners shall annually report its findings under this subsection to the Secretary of State and shall furnish to the Secretary of State its recommendations for improvements in the development, use, and administration of the examinations prescribed under [section 3941(b) of this title](/usc/22/3941.md?p=b).

- (c) **Vacancies—** Any vacancy or vacancies on the [Board](/usc/22/2431a.md?p=4) shall not impair the right of the remaining members to exercise the full powers of the [Board](/usc/22/2431a.md?p=4).

## Source credit

(Pub. L. 96–465, title I, § 211, Oct. 17, 1980, 94 Stat. 2083.)

## Notes

### Executive Documents

### Establishment of Board of Examiners

For establishment of the Board of Examiners for the Foreign Service and appointment of its members, see section 6 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13970, set out as note under section 3901 of this title.