To amend the Foreign Service Act of 1980 to provide per diem eligibility for required leave of members of the Foreign Service.

This legislation falls squarely within the enumerated power of Congress to provide for the common defense and general welfare, and to regulate the foreign intercourse of the Union. The Foreign Service is an instrument of the Executive in conducting diplomacy, and Congress has explicit authority to pay the salaries and expenses of public ministers and to make all laws necessary and proper for executing the nation's foreign affairs. Amending the Foreign Service Act to allow per diem for required leave is a reasonable exercise of the spending power and of Congress's authority over the organizatio…

The bill concerns the compensation of officers of the United States, specifically members of the Foreign Service. The Constitution vests in Congress the power to make all laws which shall be necessary and proper for carrying into execution the powers vested in the government of the United States, including the regulation of the compensation of federal officers. Article II further empowers the President to appoint officers, and Congress may set the terms of their service. This legislation does not exceed the enumerated powers of Congress, nor does it infringe upon the rights reserved to the sta…

The proposed amendment to the Foreign Service Act concerns the compensation and conditions of service for federal officers, which falls under the power of Congress to regulate the foreign service as an extension of the Executive branch's treaty and diplomatic powers. However, the Constitution requires that all bills for raising revenue originate in the House (Article I, Section 7, Clause 1), and any provision that effectively increases federal expenditures must be carefully scrutinized to ensure it does not exceed the enumerated powers of Congress. The per diem eligibility for leave must be a …

The Constitution commits to Congress the power to conduct the foreign affairs of the nation and to make all laws which shall be necessary and proper for carrying into execution the powers vested in the Government. The establishment and maintenance of a Foreign Service are essential to the exercise of the treaty and diplomatic powers, and the provision of per diem during required leave is a reasonable and fitting incident to the faithful service of those who represent the United States abroad. As this Court held in McCulloch v. Maryland, the means chosen by Congress need only be rationally rela…