-CITE-    
    22 USC CHAPTER 52 - FOREIGN SERVICE                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE

-HEAD-
                       CHAPTER 52 - FOREIGN SERVICE                   

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    3901.       Congressional findings and objectives.                
    3902.       Definitions.                                          
    3903.       Members of Service.                                   
    3904.       Functions of Service.                                 
    3905.       Personnel actions.                                    

                   SUBCHAPTER II - MANAGEMENT OF SERVICE               
    3921.       Administration by Secretary of State.                 
    3922.       Utilization of Foreign Service personnel system by
                 other agencies.                                      
    3922a.      Representation of minorities and women in Foreign
                 Service.                                             
    3922b.      Public diplomacy training.                            
    3923.       Compatibility among agencies utilizing Foreign Service
                 personnel system.                                    
    3924.       Uniform and consolidated administration of Service.   
    3925.       Compatibility between Foreign Service and other
                 Government personnel systems.                        
    3926.       Regulations; delegation of functions.                 
    3927.       Chief of mission.                                     
    3927a.      Review by chief of mission.                           
    3928.       Director General of Foreign Service.                  
    3929.       Inspector General.                                    
    3929a.      Abolishment of Inspector General of Department of
                 State and Foreign Service.                           
    3930.       Board of Foreign Service.                             
    3931.       Board of Examiners.                                   

                       SUBCHAPTER III - APPOINTMENTS                   
    3941.       General provisions.                                   
    3942.       Appointments by the President.                        
    3943.       Appointments by the Secretary.                        
    3944.       Chiefs of Mission.                                    
    3945.       Senior Foreign Service.                               
    3946.       Career appointments.                                  
    3947.       Entry levels for Foreign Service officer candidates.  
    3948.       Recall and reappointment of career members.           
    3949.       Limited appointments.                                 
    3950.       Reemployment rights following limited appointment.    
    3951.       United States citizens hired abroad.                  
    3952.       Diplomatic and consular missions.                     

                       SUBCHAPTER IV - COMPENSATION                   
    3961.       Salaries of chiefs of mission.                        
    3962.       Salaries of Senior Foreign Service members.           
    3963.       Foreign Service Schedule.                             
    3964.       Assignments to salary class.                          
    3965.       Performance pay.                                      
    3966.       Within-class salary increases.                        
    3967.       Salaries for Foreign Service personnel abroad who
                 perform routine duties.                              
    3968.       Local compensation plans.                             
    3969.       Salaries of consular agents.                          
    3970.       Compensation for imprisoned foreign national
                 employees.                                           
    3971.       Temporary service as principal officer.               
    3972.       Special differentials.                                
    3973.       Death gratuities.                                     
    3974.       Border equalization pay adjustment.                   

        SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS    
    3981.       Authority of Secretary.                               
    3982.       Assignments to Foreign Service positions.             
    3983.       Assignments to non-Service and other positions.       
    3984.       Service in United States and abroad.                  
    3985.       Temporary details.                                    

                  SUBCHAPTER VI - PROMOTION AND RETENTION              
    4001.       Promotions.                                           
    4002.       Establishment of selection boards.                    
    4003.       Recommendations and rankings.                         
    4004.       Records.                                              
    4005.       Implementation of selection board recommendations.    
    4006.       Other bases for promoting or increasing pay.          
    4007.       Retirement for expiration of time in class.           
    4008.       Retirement based on failure to meet standard of
                 performance.                                         
    4009.       Retirement benefits.                                  
    4010.       Separation for cause.                                 
    4010a.      Reductions in force.                                  
    4011.       Termination of limited appointments.                  
    4012.       Termination of appointments of consular agents and
                 foreign national employees.                          
    4012a.      Foreign national employees separation pay.            
    4013.       Foreign Service awards.                               

      SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION  
    4021.       Institution for training.                             
    4022.       Foreign language requirements.                        
    4023.       Career development program.                           
    4024.       Functions of Secretary.                               
    4025.       Training grants.                                      
    4026.       Career counseling.                                    
    4027.       Visiting Scholars Program.                            
    4028.       Training for Foreign Service officers.                
    4029.       Increased training in multilateral diplomacy.         

        SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY    

         PART I - FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM     
    4041.       Administration.                                       
    4042.       Maintenance of Fund.                                  
    4043.       Participants.                                         
    4044.       Definitions.                                          
    4045.       Contributions to Fund.                                
    4046.       Computation of annuities.                             
    4047.       Payment of annuity.                                   
    4048.       Retirement for disability or incapacity.              
    4049.       Death in service.                                     
    4050.       Discontinued service retirement.                      
    4051.       Voluntary retirement.                                 
    4052.       Mandatory retirement.                                 
    4053.       Reassignment and retirement of former Presidential
                 appointees.                                          
    4054.       Former spouses.                                       
    4055.       Lump-sum payments.                                    
    4056.       Creditable service.                                   
    4057.       Extra credit for service at unhealthful posts.        
    4058.       Estimate of appropriations needed.                    
    4059.       Investment of Fund.                                   
    4060.       Assignment and attachment of moneys.                  
    4061.       Payments for future benefits.                         
    4062.       Unfunded liability obligations.                       
    4063.       Annuity adjustment for recall service.                
    4064.       Reemployment.                                         
    4065.       Voluntary contribution account.                       
    4066.       Cost-of-living adjustment of annuities.               
    4067.       Compatibility between retirement systems.             
    4068.       Remarriage.                                           
    4069.       Thrift Savings Fund participation.                    
    4069-1.     Qualified former wives and husbands.                  
    4069a.      Retirement benefits for certain former spouses.       
    4069a-1.    Retirement benefits for certain former spouses.       
    4069b.      Survivor benefits for certain former spouses.         
    4069b-1.    Survivor benefits for certain former spouses.         
    4069c.      Health benefits for certain former spouses.           
    4069c-1.    Health benefits for certain former spouses.           

                 PART II - FOREIGN SERVICE PENSION SYSTEM             
    4071.       Establishment; application of Federal Employees'
                 Retirement System to Foreign Service Pension System
                 participants.                                        
    4071a.      Definitions.                                          
    4071b.      Participants.                                         
    4071c.      Creditable service.                                   
    4071d.      Entitlement to annuity.                               
    4071e.      Deductions and withholdings from pay.                 
    4071f.      Government contributions.                             
    4071g.      Cost-of-living adjustments.                           
    4071h.      General and administrative provisions.                
    4071i.      Transition provisions.                                
    4071j.      Former spouses.                                       
    4071k.      Spousal agreements.                                   

             SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS         
    4081.       Travel and related expenses.                          
    4082.       Loan of household effects.                            
    4083.       Required leave.                                       
    4084.       Health care program.                                  
    4085.       Entertainment and representation expenses.            
    4086.       Entitlement to vote in a State in a Federal election;
                 preconditions; applicability.                        

                 SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS             
    4101.       Congressional findings and policy.                    
    4102.       Definitions.                                          
    4103.       Application.                                          
    4104.       Employee rights.                                      
    4105.       Management rights.                                    
    4106.       Foreign Service Labor Relations Board.                
    4107.       Functions of Foreign Service Labor Relations Board.   
    4108.       Functions of General Counsel.                         
    4109.       Judicial review and enforcement.                      
    4110.       Foreign Service Impasse Disputes Panel.               
    4111.       Exclusive recognition.                                
    4112.       Employees represented.                                
    4113.       Representation rights and duties.                     
    4114.       Resolution of implementation disputes.                
    4115.       Unfair labor practices.                               
    4116.       Prevention of unfair labor practices.                 
    4117.       Standards of conduct for labor organizations.         
    4118.       Administrative provisions.                            

                        SUBCHAPTER XI - GRIEVANCES                    
    4131.       Definitions and applicability.                        
    4132.       Grievances concerning former members or their
                 survivors.                                           
    4133.       Freedom of action.                                    
    4134.       Time limitations.                                     
    4135.       Foreign Service Grievance Board.                      
    4136.       Foreign Service Grievance Board procedures.           
    4137.       Foreign Service Grievance Board decisions.            
    4138.       Access to records.                                    
    4139.       Relationship to other remedies.                       
    4140.       Judicial review.                                      

           SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM       
    4141.       Statement of policy; objectives.                      
    4141a.      Foreign Service Internship Program.                   
    4141b.      Report to Congress.                                   
    4141c.      Authorization of appropriations.                      

                        SUBCHAPTER XII - TRANSITION                    
    4151.       Pay and benefits pending conversion.                  
    4152.       Conversion to Foreign Service Schedule.               
    4153.       Conversion to Senior Foreign Service.                 
    4154.       Conversion from Foreign Service.                      
    4155.       Conversion of certain positions in Department of
                 Agriculture.                                         
    4156.       Preservation of status and benefits.                  
    4157.       Regulations.                                          
    4158.       Authority of other agencies.                          
    4159.       Survivor benefits for certain former spouses.         

                      SUBCHAPTER XIII - MISCELLANEOUS                  
    4171.       Model foreign language competence posts.              
    4172.       Savings provisions.                                   
    4173.       Congressional oversight of implementation.            

        SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR
                            OFFICERS GENERALLY
    4191.       General application of provisions to consular
                 officers.                                            
    4192.       Repealed.                                             
    4193.       Protests.                                             
    4194.       Lists and returns of seamen and vessels, etc.         
    4195.       Repealed.                                             
    4196.       Notification of death of decedent; transmission of
                 inventory of effects.                                
    4197.       Following testamentary directions; assistance to
                 testamentary appointee.                              
    4198.       Bond as administrator or guardian; action on bond.    
    4199.       Penalty for failure to give bond and for embezzlement.
    4200.       Certification of invoices generally.                  
    4201.       Fees for certification of invoices.                   
    4202.       Exaction of excessive fees for verification of
                 invoices; penalty.                                   
    4203.       Destruction of old invoices.                          
    4204.       Restriction as to certificate for goods from countries
                 adjacent to United States.                           
    4205.       Retention of papers of American vessels until payment
                 of demands and wages.                                
    4206.       Fees for services to American vessels or seamen
                 prohibited.                                          
    4207.       Profits from dealings with discharged seamen;
                 prohibition.                                         
    4208.       Valuation of foreign coins in payment of fees.        
    4209.       Exaction of excessive fees generally; penalty of
                 treble amount.                                       
    4210.       Liability for uncollected fees.                       
    4211.       Returns as to fees by officers compensated by fees.   
    4212 to 4214. Repealed.                                           
    4215.       Notarial acts, oaths, affirmations, affidavits, and
                 depositions; fees.                                   
    4216.       Posting rates of fees.                                
    4217.       Embezzlement of fees or of effects of American
                 citizens.                                            
    4218.       False certificate as to ownership of property.        
    4219.       Regulation of fees by President.                      
    4220.       Medium for payment of fees.                           
    4221.       Depositions and notarial acts; perjury.               
    4222.       Authentication of documents of State of Vatican City
                 by consular officer in Rome.                         
    4223.       General duty to account for fees.                     
    4224.       Fees; accounting; stamps.                             
    4225.       Fiscal districts; establishment; district accounting
                 and disbursing offices; personnel; duties.           
    4226.       Fees and official monies from diplomatic missions,
                 consular offices and district accounting and
                 disbursing offices; disposition.                     

-COD-
                               CODIFICATION                           
      Provisions of this chapter are derived from the Foreign Service
    Act of 1946, former section 801 et seq. of this title, and related
    and miscellaneous provisions as follows:

                     New                                  Old            
    --------------------------------------------------------------------
    3901                                     801                         
    3902                                     802                         
    3903                                     861                         
    3904                                     841                         
    3905                                     807                         
    3921                                     811a                        
    3922                                     1224, 2385, 2506            
    3923                                     1225                        
    3924                                                                 
    3925                                     1225                        
    3926                                     842, 843                    
    3927                                     2680a                       
    3928                                     811a, 821                   
    3929                                     2384 note                   
    3930                                     826                         
    3931                                     827                         
    3941                                     910, 922, 939, 1234         
    3942                                     901, 911, 961               
    3943                                     922, 929, 936, 946, 951     
    3944                                     900, 901a, 902              
    3945                                     906                         
    3946                                     911, 929                    
    3947                                     911, 912                    
    3948                                     915                         
    3949                                     922, 936                    
    3950                                     928                         
    3951                                     889 note, 2693              
    3952                                     907, 908, 924, 938, 1231    
    3961                                     866, 881                    
    3962, 3963                                                           
    3964                                     868                         
    3965                                                                 
    3966                                     995, 1017                   
    3967                                                                 
    3968                                     889, 2693                   
    3969                                     873, 890                    
    3970                                     889                         
    3971                                     876, 877                    
    3972                                     896                         
    3973                                     2679a                       
    3981                                     886                         
    3982                                     901                         
    3983                                     961, 964, 966               
    3984                                     961, 962, 966               
    3985                                                                 
    4001                                     991                         
    4002                                     993                         
    4003                                     986, 996                    
    4004                                     987                         
    4005, 4006                               993                         
    4007, 4008                               1003, 2385, 2506            
    4009                                     1004, 2506                  
    4010                                     1007                        
    4011                                     1005, 1008                  
    4012                                     1027, 1028, 1031            
    4013                                                                 
    4021                                     1041                        
    4022                                     968, 2385                   
    4023                                                                 
    4024                                     1042-1045, 1047, 1048       
    4025                                     1048                        
    4026                                     1009, 2693                  
    4041                                     1061                        
    4042                                     1062                        
    4043                                     929, 1063, 1229, 2385       
    4044                                     1064, 1086                  
    4045                                     1071, 1086                  
    4046                                     1076                        
    4047                                     1076a                       
    4048                                     1081                        
    4049                                     1082                        
    4050                                     1084                        
    4051                                     1006                        
    4052                                     1001, 1002                  
    4053                                     914                         
    4054                                                                 
    4055                                     1086                        
    4056                                     1091                        
    4057                                     1093                        
    4058                                     1101                        
    4059                                     1103                        
    4060                                     1004, 1104                  
    4061                                     1105                        
    4062                                     1106                        
    4063                                     1111                        
    4064                                     1112                        
    4065                                     1116                        
    4066                                     1121                        
    4067                                     1065                        
    4081                                     966, 1136, 1138, 1157       
    4082                                     1137                        
    4083                                     1148                        
    4084                                     1156, 1158-1160             
    4085                                     1131                        
    4101-4118                                                            
    4131-4138                                1037a                       
    4139                                     1037b                       
    4140                                     1037c                       
    4151-4159                                                            
    4171-4173                                                            
    4191-4215                                1171-1195                   
    4216                                     1197                        
    4217                                     1198                        
    4218-4222                                1200-1204                   
    4223                                     99                          
    4224-4226                                812-814                     
    --------------------------------------------------------------------

-MISC2-
                        FOREIGN COMMERCIAL SERVICE                    
      For authority of Secretary of Commerce to establish a Foreign
    Commercial Service in Department of Commerce, see section 1-104 of
    Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 991, as amended, set out
    as a note under section 2171 of Title 19, Customs Duties.

-End-

-CITE-
    22 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    22 USC Sec. 3901                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3901. Congressional findings and objectives

-STATUTE-
      (a) The Congress finds that - 
        (1) a career foreign service, characterized by excellence and
      professionalism, is essential in the national interest to assist
      the President and the Secretary of State in conducting the
      foreign affairs of the United States;
        (2) the scope and complexity of the foreign affairs of the
      Nation have heightened the need for a professional foreign
      service that will serve the foreign affairs interests of the
      United States in an integrated fashion and that can provide a
      resource of qualified personnel for the President, the Secretary
      of State, and the agencies concerned with foreign affairs;
        (3) the Foreign Service of the United States, established under
      the Act of May 24, 1924 (commonly known as the Rogers Act) and
      continued by the Foreign Service Act of 1946, must be preserved,
      strengthened, and improved in order to carry out its mission
      effectively in response to the complex challenges of modern
      diplomacy and international relations;
        (4) the members of the Foreign Service should be representative
      of the American people, aware of the principles and history of
      the United States and informed of current concerns and trends in
      American life, knowledgeable of the affairs, cultures, and
      languages of other countries, and available to serve in
      assignments throughout the world; and
        (5) the Foreign Service should be operated on the basis of
      merit principles.

      (b) The objective of this chapter is to strengthen and improve
    the Foreign Service of the United States by - 
        (1) assuring, in accordance with merit principles, admission
      through impartial and rigorous examination, acquisition of career
      status only by those who have demonstrated their fitness through
      successful completion of probationary assignments, effective
      career development, advancement and retention of the ablest, and
      separation of those who do not meet the requisite standards of
      performance;
        (2) fostering the development and vigorous implementation of
      policies and procedures, including affirmative action programs,
      which will facilitate and encourage (A) entry into and
      advancement in the Foreign Service by persons from all segments
      of American society, and (B) equal opportunity and fair and
      equitable treatment for all without regard to political
      affiliation, race, color, religion, national origin, sex, marital
      status, age, or handicapping condition;
        (3) providing for more efficient, economical, and equitable
      personnel administration through a simplified structure of
      Foreign Service personnel categories and salaries;
        (4) establishing a statutory basis for participation by the
      members of the Foreign Service, through their elected
      representatives, in the formulation of personnel policies and
      procedures which affect their conditions of employment, and
      maintaining a fair and effective system for the resolution of
      individual grievances that will ensure the fullest measure of due
      process for the members of the Foreign Service;
        (5) minimizing the impact of the hardships, disruptions, and
      other unusual conditions of service abroad upon the members of
      the Foreign Service, and mitigating the special impact of such
      conditions upon their families;
        (6) providing salaries, allowances, and benefits that will
      permit the Foreign Service to attract and retain qualified
      personnel as well as a system of incentive payments and awards to
      encourage and reward outstanding performance;
        (7) establishing a Senior Foreign Service which is
      characterized by strong policy formulation capabilities,
      outstanding executive leadership qualities, and highly developed
      functional, foreign language, and area expertise;
        (8) improving Foreign Service managerial flexibility and
      effectiveness;
        (9) increasing efficiency and economy by promoting maximum
      compatibility among the agencies authorized by law to utilize the
      Foreign Service personnel system, as well as compatibility
      between the Foreign Service personnel system and other personnel
      systems of the Government; and
        (10) otherwise enabling the Foreign Service to serve
      effectively the interests of the United States and to provide the
      highest caliber of representation in the conduct of foreign
      affairs.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 101, Oct. 17, 1980, 94 Stat. 2074.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 24, 1924 (commonly known as the Rogers Act), referred
    to in subsec. (a)(3), is act May 24, 1924, ch. 182, 43 Stat. 140,
    as amended, which was classified generally to section 1 et seq. of
    this title and was repealed in large part by section 1131 of title
    XI of act Aug. 13, 1946, ch. 957, 60 Stat. 1037, known as the
    Foreign Service Act of 1946, which generally revised the laws
    relating to the administration of the Foreign Service (see below).
    For complete classification of Act May 24, 1924 to the Code, see
    Tables.
      The Foreign Service Act of 1946, referred to in subsec. (a)(3),
    is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as
    amended, which was classified principally to chapter 14 (Sec. 801
    et seq.) of this title, and was repealed by Pub. L. 96-465, title
    II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159, the Foreign Service
    Act of 1980, as part of the general revision of the laws relating
    to the administration of the Foreign Service. For complete
    classification of the 1946 Act to the Code prior to its repeal, see
    Tables.
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
    as amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.

-MISC1-
                              EFFECTIVE DATE                          
      Section 2403 of Pub. L. 96-465, as amended by Pub. L. 99-93,
    title I, Sec. 119(b), Aug. 16, 1985, 99 Stat. 412, provided that:
      "(a) Except as otherwise provided, this Act [see Short Title note
    set out below] shall take effect on February 15, 1981.
      "(b) Personnel actions may be taken on and after the effective
    date of this Act on the basis of any then current Foreign Service
    evaluation cycle as if this Act [see Short Title note set out
    below] had been in effect at the beginning of that cycle.
      "[(c) Repealed. Pub. L. 99-93, title I, Sec. 119(b), Aug. 16,
    1985, 99 Stat. 412, eff. Oct. 1, 1985]
      "(d)(1) Section 812 of this Act [section 4052 of this title], and
    the repeal of sections 631 and 632 of the Foreign Service Act of
    1946 [sections 1001 and 1002 of this title] and section 625(k) of
    the Foreign Assistance Act of 1961 [section 2385(k) of this title],
    shall be effective as of the date of enactment of this Act [Oct.
    17, 1980].
      "(2) For purposes of implementing section 2101 [section 4151 of
    this title], sections 402(a) and 403 [sections 3962(a) and 3963 of
    this title] shall be effective as of the date of enactment of this
    Act [Oct. 17, 1980].
      "(e)(1) The provisions of chapter 8 of title I [subchapter VIII
    of this chapter] regarding the rights of former spouses to any
    annuity under section 814(a) [section 4054(a) of this title] shall
    apply in the case of any individual who after the effective date of
    this Act becomes a former spouse of an individual who separates
    from the Service after such date.
      "(2) Except to the extent provided in section 2109 [section 4159
    of this title], the provisions of such chapter [subchapter VIII of
    this chapter] regarding the rights of former spouses to receive
    survivor annuities under chapter 8 [subchapter VIII of this
    chapter] shall apply in the case of any individual who after the
    effective date of this Act becomes a former spouse of a participant
    or former participant in the Foreign Service Retirement and
    Disability System."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-382, Sec. 1, Nov. 13, 1998, 112 Stat. 3406, provided
    that: "This Act [amending sections 4044 to 4046, 4052, 4071a, and
    4071d of this title and enacting provisions set out as a note under
    section 4044 of this title] may be cited as the 'Department of
    State Special Agents Retirement Act of 1998'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-335, title IV, Sec. 401(a), June 6, 1986, 100 Stat.
    609, provided that: "This title [enacting sections 4068 and 4071 to
    4071k of this title, amending sections 4041 to 4049, 4054 to 4056,
    4058, 4060, 4061, 4063, 4064, 4066, and 4067 of this title, and
    enacting provisions set out as a note under section 4046 of this
    title] may be cited as the 'Foreign Service Pension System Act of
    1986'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-465 provided that: "This Act [enacting
    this chapter, sections 2697 to 2704 of this title, and sections
    3597, 5927, and 5928 of Title 5, Government Organization and
    Employees, amending sections 285a, 287, 287e, 287n, 290a, 290g-l,
    1928, 2021, 2024, 2056, 2385, 2389, 2391, 2454, 2504, 2506, 2512 to
    2514, 2582, 2588, 2605, 2684, 3503 and 4223 of this title, sections
    3323, 5102, 5301, 5303, 5304, 5313, 5522, 5523, 5541, 5595, 5596,
    5724, 5727, 5924, 5925, 6301, 6304, 6305, 7103, 8332, and 8501 of
    Title 5, and Reorg. Plan No. 2 of 1939 set out in the Appendix to
    Title 5, sections 1765a and 1766c of Title 7, Agriculture, section
    2002 of Title 10, Armed Forces, section 906 of Title 20, Education,
    sections 104, 170, 912, and 2055 of Title 26, Internal Revenue
    Code, section 822a of former Title 31, Money and Finance, section
    405a of Title 37, Pay and Allowances of the Uniformed Services,
    former section 235 of Title 38, Veterans' Benefits, and section
    5055 of Title 42, The Public Health and Welfare, repealing
    subchapters I to X of chapter 14 (Sec. 801 et seq.) of this title
    and sections 1221 to 1234, 2679a, 2680a, and 2693 of this title,
    enacting provisions set out as notes under this section and section
    2651 of this title, and repealing provisions set out as notes under
    sections 801, 808, 811a, 886, 889, 912, 913, 936, 1002, 1076,
    1079d, 1229, and 2384 of this title] may be cited as the 'Foreign
    Service Act of 1980'."

-EXEC-
                         EXECUTIVE ORDER NO. 11636                     
      Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901, as amended by
    Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No.
    12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12128, Apr. 4,
    1979, 44 F.R. 20625, which related to employee-management relations
    in the Foreign Service of the United States, was revoked by Ex.
    Ord. No. 12292, Sec. 10(j), Feb. 23, 1981, 46 F.R. 13967, set out
    below.

      EX. ORD. NO. 12292. CONFORMANCE OF EXISTING EXECUTIVE ORDERS TO
          CHANGES RESULTING FROM THE FOREIGN SERVICE ACT OF 1980
      Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including the Foreign
    Service Act of 1980 (94 Stat. 2071; 22 U.S.C. 3901 et seq.), and in
    order to conform existing Executive Orders to changes resulting
    from that Act, it is hereby ordered as follows:
      Section 1. Section 1(k) of Executive Order No. 9154, as amended,
    is amended by inserting immediately before the period at the end
    thereof a comma and the words "or under authority of section 303 of
    the Foreign Service Act of 1980 (22 U.S.C. 3943)".
      Sec. 2. Section 1 of Executive Order No. 10471 is amended as
    follows:
      (a) strike out "section 202(c) of the Annual and Sick Leave Act
    of 1951, as added by the act of July 2, 1953, Public Law 102, 83rd
    Congress" and insert in lieu thereof "section 6305(b) of title 5 of
    the United States Code";
      (b) strike out "said section 202(c)(2)" and insert in lieu
    thereof "said section 6305(b)";
      (c) strike out "section 411 of the Foreign Service Act of 1946"
    and insert in lieu thereof "section 401 of the Foreign Service Act
    of 1980 (22 U.S.C. 3961)".
      Sec. 3. Section 2 of Executive Order No. 10624, as amended, is
    amended as follows:
      (a) In clause (1), strike out "Title II of the Overseas
    Differentials and Allowances Act" and insert in lieu thereof
    "subchapter III of chapter 59 of title 5 of the United States
    Code";
      (b) Clause (2) is amended to read as follows: "so much of the
    authority vested in the Secretary of State by chapter 9 of Title I
    of the Foreign Service Act of 1980 [22 U.S.C. 4081 et seq.], as
    relates to allowances and benefits under the said chapter 9 of
    title I;"
      Sec. 4. Executive Order No. 10903 is amended as follows:
      (a) In the preamble, strike out "section 303 of the Foreign
    Service Act of 1946 (22 U.S.C. 843),";
      (b) In section 1(a) strike out "section 111(3) of the Overseas
    Differentials and Allowances Act (74 Stat. 792)" and insert in lieu
    thereof "section 5921(3) of title 5, United States Code,";
      (c) In Section 1(b):
      (1) strike out "Title II of the Overseas Differentials and
    Allowances Act" and insert in lieu thereof "subchapter III of
    chapter 59 of title 5 of the United States Code,";
      (2) strike out "202, 203, and 221(4)(B) of that Act" and insert
    in lieu thereof "5922(b), 5922(c), and 5924(4)(B) of that title";
      (3) strike out "Title II of the Act" and insert in lieu thereof
    "said subchapter".
      (d) In Section 1(c), strike out "section 22 of the Administrative
    Expenses Act of 1946 (added by section 311(a) of the Overseas
    Differentials and Allowances Act)" and insert in lieu thereof
    "section 5913 of title 5 of the United States Code".
      (e) In Section 1(e):
      (1) strike out "235(a)(2)" and insert in lieu thereof "235(2)";
    and
      (2) strike out "section 901 of the Foreign Service Act of 1946,
    as amended" and insert in lieu thereof "section 905 of the Foreign
    Service Act of 1980 (22 U.S.C. 4085)".
      (f) strike out paragraphs (d) and (f) of Section 1 and
    redesignate paragraphs (e) and (g) thereof as paragraphs (d) and
    (e), respectively.
      Sec. 5. Executive Order No. 11034 is amended by striking out in
    Section 5(c) after "provided by section" all that follows in that
    sentence and inserting in lieu thereof "310 of the Foreign Service
    Act of 1980 (22 U.S.C. 3950).".
      Sec. 6. Executive Order No. 11219 is amended as follows:
      (a) Section 1 is amended by striking out "officer or employee"
    and inserting in lieu thereof "member";
      (b) Section 1(b) is amended by inserting after "as amended," "the
    Foreign Service Act of 1980," [this chapter] and by striking out
    "that Act" and inserting in lieu thereof "the latter Act";
      (c) Section 5 is amended by striking out "an officer or employee
    in" and inserting in lieu thereof "a member of" and by inserting
    after "as amended," "the Foreign Service Act of 1980," [this
    chapter] and by striking out "that Act" and inserting in lieu
    thereof "the latter Act".
      Sec. 7. Executive Order No. 12137 is amended as follows:
      (a) Section 1-111 is amended by striking out "1946, as amended"
    and inserting in lieu thereof "1980" [this chapter].
      (b) Section 1-401 is amended by striking out "528 of the Foreign
    Service Act of 1946 (22 U.S.C. 928)" and inserting in lieu thereof,
    "310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)".
      Sec. 8. Executive Order No. 12163 is amended as follows:
      (a) Section 1-201(a)(14) is revoked.
      (b) Section 1-201(b) is amended by inserting "and" after
    "602(q)," and by striking out "and 625(k)(1)";
      (c) Section 1-602(a) is amended by striking out "625(d)(1)" each
    time it appears and inserting in lieu thereof "625(d)".
      (d) Section 1-602(b) is amended by striking out "section 528 of
    the Foreign Service Act of 1946" and inserting in lieu thereof
    "section 310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)".
      (e) Section 1-603 is amended by striking out after "allowances",
    all that follows through "Foreign Service Act of 1946 (22 U.S.C.
    801 et seq.)," and inserting in lieu thereof "authorized for a
    chief of mission as defined in section 102(a)(3) of the Foreign
    Service Act of 1980 (22 U.S.C. 3902(a)(3)),".
      Sec. 9. Executive Order No. 12228 is amended as follows:
      (a) Section 1-102(c)(1) is amended by striking out "Section
    911(9) of the Foreign Service Act of 1946, as amended (22 U.S.C.
    1136(9))" and inserting in lieu thereof "Section 901(6) of the
    Foreign Service Act of 1980 (22 U.S.C. 4081(6))";
      (b) Section 1-103 is amended by striking out "Foreign Service Act
    of 1946, as amended" and inserting in lieu thereof "Foreign Service
    Act of 1980" [this chapter].
      Sec. 10. The following are hereby revoked:
      (a) Executive Order No. 9452 of June 26, 1944;
      (b) Executive Order No. 9799 of November 8, 1946;
      (c) Executive Order No. 9837 of March 27, 1947;
      (d) Executive Order No. 9932 of February 27, 1948;
      (e) Executive Order No. 10249 of June 4, 1951;
      (f) Section 2 of Executive Order No. 10477 of August 1, 1953 [22
    U.S.C. 1472 note];
      (g) Executive Order No. 10897 of December 2, 1960;
      (h) Part III of Executive Order No. 11264 of December 31, 1965,
    as amended [22 U.S.C. 3930 note];
      (i) Sections 1, 3, and 5 of Executive Order No. 11434 of November
    8, 1968;
      (j) Executive Order No. 11636 of December 17, 1971;
      (k) Executive Order No. 12066 of June 29, 1978;
      (l) Executive Order No. 12145 of July 18, 1979;
      (m) Section 1-104(b) of Executive Order No. 12188 of January 2,
    1980 [19 U.S.C. 2171 note].
      Sec. 11. This Order shall be effective as of February 15, 1981.
                                                          Ronald Reagan.

           EX. ORD. NO. 12293. ADMINISTRATION OF FOREIGN SERVICE       
      Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, as amended by
    Ex. Ord. No. 12363, May 21, 1982, 47 F.R. 22497; Ex. Ord. No.
    12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12536, Oct. 9,
    1985, 50 F.R. 41477; Ex. Ord. No. 13118, Sec. 10(4), Mar. 31, 1999,
    64 F.R. 16598; Ex. Ord. No. 13325, Jan. 23, 2004, 69 F.R. 4217; Ex.
    Ord. No. 13374, Mar. 14, 2005, 70 F.R. 12961, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including the Foreign
    Service Act of 1980 (94 Stat. 2071, 22 U.S.C. 3901 et seq.),
    Section 202 of the Revised Statutes (22 U.S.C. 2656), and Section
    301 of Title 3 of the United States Code, and in order to provide
    for the administration of the Foreign Service of the United States,
    it is hereby ordered as follows:
      Section 1. There are hereby delegated to the Secretary of State
    those functions vested in the President by Sections 205, 401(a),
    502(c), 613, and 801 of the Foreign Service Act of 1980,
    hereinafter referred to as the Act (22 U.S.C. 3925, 3942(a)(1),
    3892(c) [3982(c)], 4013, and 4041).
      Sec. 2. The Secretary of State shall, in accord with Section 205
    of the Act (22 U.S.C. 3925), consult with the Secretary of
    Agriculture, the Secretary of Commerce, the Director of the United
    States Information Agency, the Administrator of the United States
    Agency for International Development, the Director of the Office of
    Personnel Management, and the Director of the Office of Management
    and Budget, in order to ensure compatibility between the Foreign
    Service personnel system and other government personnel systems.
      Sec. 3. The Secretary of State shall make recommendations to the
    President through the Director of the Office of Management and
    Budget whenever action is appropriate under Section 827 of the Act
    (22 U.S.C. 4067) to maintain existing conformity between the Civil
    Service Retirement and Disability System and the Foreign Service
    Retirement and Disability System.
      Sec. 4. Pursuant to section 402 of the Foreign Service Act [of
    1980] (22 U.S.C. 3962), and subject to any restrictions therein,
    there are established the following salary classes with titles for
    the Senior Foreign Service, at the following ranges of basic rates
    of pay:
      (a) Career Minister

         Range from 100 percent of the minimum rate of basic pay for
         senior-level positions under 5 U.S.C. 5376 to 100 percent of
         the rate payable for level II of the Executive Schedule.

      (b) Minister-Counselor

         Range from 100 percent of the minimum rate of basic pay for
         senior-level positions under 5 U.S.C. 5376 to 107 percent of
         the rate payable for level III of the Executive Schedule.

      (c) Counselor

         Range from 100 percent of the minimum rate of basic pay for
         senior-level positions under 5 U.S.C. 5376 to 102 percent of
         the rate payable for level III of the Executive Schedule.
      Sec. 5. There is hereby delegated to the Secretary of State,
    without further action by the President, the authority vested in
    the President by Section 2107 of the Act [22 U.S.C. 4157] to the
    extent necessary to implement the provisions of Section 2101 of the
    Act [22 U.S.C. 4151], relating to pay and benefits pending
    conversion.
      Sec. 6. (a) Pursuant to Section 211 of the Act (22 U.S.C. 3931),
    there is established in the Department of State the Board of
    Examiners for the Foreign Service.
      (b) The Board shall be appointed by, and in accordance with
    regulations prescribed by, the Secretary of State, except that not
    less than five shall be career members of the Foreign Service and
    not less than seven shall be appointed as follows.
      (1) not less than five shall be appointed by the heads of the
    agencies utilizing the Foreign Service personnel system;
      (2) not less than one shall be a representative appointed by the
    Director of the Office of Personnel Management; and
      (3) not less than one shall be a representative appointed by the
    Secretary of Labor.
      (c) The Secretary of State shall designate from among the members
    of the Board a Chairman who is a member of the Service.
      (d) The Secretary of State shall provide all necessary
    administrative services and facilities for the Board.
      Sec. 7. For the purpose of ensuring the accuracy of information
    used in the administration of the Foreign Service Retirement and
    Disability System, the Secretary of State may request from the
    Secretary of Defense and the Administrator of Veterans Affairs such
    information as the Secretary deems necessary. To the extent
    permitted by law: (a) The Secretary of Defense shall provide
    information on retired or retainer pay provided under Title 10,
    United States Code; and, (b) the Administrator of Veterans Affairs
    shall provide information on pensions or compensation provided
    under Title 38 of the United States Code. The Secretary, in
    consultation with the officials from whom information is requested,
    shall ensure that information made available under this Order is
    used only for the purpose authorized.
      Sec. 8. The first seven Sections of this Order shall be effective
    as of February 15, 1981.
      Sec. 9. (a) Pursuant to Section 210 of the Act there is
    established in the Department of State the Board of the Foreign
    Service (22 U.S.C. 3930).
      (b) The Board shall be composed of the designated number of
    representatives of the heads of the following agencies:
      (1) Department of State, four members, at least three of whom
    must be career members of the Senior Foreign Service;
      (2) United States Information Agency, two members, one of whom
    must be a career member of the Senior Foreign Service;
      (3) United States Agency for International Development, two
    members, one of whom must be a career member of the Senior Foreign
    Service;
      (4) Department of Agriculture, two members, one of whom must be a
    career member of the Senior Foreign Service;
      (5) Department of Commerce, two members, one of whom must be a
    career member of the Senior Foreign Service;
      (6) Department of Labor, one member;
      (7) Office of Personnel Management, one member;
      (8) Office of Management and Budget, one member; and,
      (9) Equal Employment Opportunity Commission, one member;
      (c) The membership of the Board shall be selected from among
    officials who are knowledgeable in matters concerning the
    management of the Foreign Service. Except for the career members of
    the Senior Foreign Service from the Department of Agriculture, the
    Department of Commerce, the United States Information Agency, and
    the United States Agency for International Development, the members
    of the Board shall be selected from among those who have the rank
    of Assistant Secretary or higher or a position of comparable
    responsibility.
      (d) The Secretary of State may from time to time request the
    heads of other agencies to designate representatives to participate
    in the functions of the Board on a regular or occasional basis.
      (e) The Secretary of State shall provide all necessary
    administrative services and facilities for the Board.
      Sec. 10. Pursuant to Section 202(a)(2)(B) and (a)(3)(B) of the
    Act (22 U.S.C. 3922(a)(2)(B), (a)(3)(B)), it is hereby determined
    to be necessary, in order to enable the Department of Agriculture
    and the Department of Commerce to carry out functions which require
    service abroad, for the respective Secretaries, in consultation
    with the Office of Personnel Management and the Office of
    Management and Budget, to be able to utilize the Foreign Service
    personnel system with respect to personnel of the following:
      (a) The Animal and Plant Health Inspection Service of the
    Department of Agriculture, not to exceed 125 positions, without the
    prior approval of the Director of the Office of Personnel
    Management;
      (b) The United States Travel and Tourism Administration, and the
    International Trade Administration of the Department of Commerce,
    not to exceed 30 positions without the prior approval of the
    Director of the Office of Personnel Management, and providing that
    assignments to such positions be administered consistent with
    policies of the Foreign Commercial Service established under
    Executive Order No. 12188 [19 U.S.C. 2171 note].

      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of this title.]

-End-

-CITE-
    22 USC Sec. 3902                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3902. Definitions

-STATUTE-
      As used in this chapter, the term - 
        (1) "abroad" means all areas not included within the United
      States;
        (2) "agency" means an agency as defined in section 552(e) (!1)
      of title 5;

        (3) "chief of mission" means the principal officer in charge of
      a diplomatic mission of the United States or of a United States
      office abroad which is designated by the Secretary of State as
      diplomatic in nature, including any individual assigned under
      section 3982(c) of this title to be temporarily in charge of such
      a mission or office;
        (4) "Department" means the Department of State, except that
      with reference to the exercise of functions under this chapter
      with respect to another agency authorized by law to utilize the
      Foreign Service personnel system, such term means that other
      agency;
        (5) "employee" (except as provided in section 4102(8) of this
      title) means, when used with respect to an agency or to the
      Government generally, an officer or employee (including a member
      of the Service) or a member of the Armed Forces of the United
      States, the commissioned corps of the Public Health Service, or
      the commissioned corps of the National Oceanic and Atmospheric
      Administration;
        (6) "function" includes any duty, obligation, power, authority,
      responsibility, right, privilege, discretion, or activity;
        (7) "Government" means the Government of the United States;
        (8) "merit principles" means the principles set out in section
      2301(b) of title 5;
        (9) "principal officer" means the officer in charge of a
      diplomatic mission, consular mission (other than a consular
      agency), or other Foreign Service post;
        (10) "Secretary" means the Secretary of State, except that
      (subject to section 3921 of this title) with reference to the
      exercise of functions under this Act with respect to any agency
      authorized by law to utilize the Foreign Service personnel
      system, such term means the head of that agency;
        (11) "Service" or "Foreign Service" means the Foreign Service
      of the United States; and
        (12) "United States", when used in a geographic sense, means
      the several States and the District of Columbia.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 102, Oct. 17, 1980, 94 Stat. 2075;
    Pub. L. 98-164, title I, Sec. 130(a), Nov. 22, 1983, 97 Stat.
    1027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 552(e) of title 5, referred to in par. (2), was
    redesignated section 552(f) of title 5 by section 1802(b) of Pub.
    L. 99-570.

-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 98-164 struck out "(a)" before "As used in this
    chapter", and struck out subsec. (b) which provided that references
    to Foreign Service officers in any provision be deemed to refer to,
    with respect to the United States Information Agency, Foreign
    Service Information officers.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 3903                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3903. Members of Service

-STATUTE-
      The following are the members of the Service:
        (1) Chiefs of mission, appointed under section 3942(a)(1) of
      this title or assigned under section 3982(c) of this title.
        (2) Ambassadors at large, appointed under section 3942(a)(1) of
      this title.
        (3) Members of the Senior Foreign Service, appointed under
      section 3942(a)(1) or 3943 of this title, who are the corps of
      leaders and experts for the management of the Service and the
      performance of its functions.
        (4) Foreign Service officers, appointed under section
      3942(a)(1) of this title, who have general responsibility for
      carrying out the functions of the Service.
        (5) Foreign Service personnel, United States citizens appointed
      under section 3943 of this title, who provide skills and services
      required for effective performance by the Service.
        (6) Foreign national employees, foreign nationals appointed
      under section 3943 of this title, who provide clerical,
      administrative, technical, fiscal, and other support at Foreign
      Service posts abroad.
        (7) Consular agents, appointed under section 3943 of this title
      by the Secretary of State, who provide consular and related
      services as authorized by the Secretary of State at specified
      locations abroad where no Foreign Service posts are situated.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 103, Oct. 17, 1980, 94 Stat. 2076.)

-End-

-CITE-
    22 USC Sec. 3904                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3904. Functions of Service

-STATUTE-
      Members of the Service shall, under the direction of the
    Secretary - 
        (1) represent the interests of the United States in relation to
      foreign countries and international organizations, and perform
      the functions relevant to their appointments and assignments,
      including (as appropriate) functions under the Vienna Convention
      on Diplomatic Relations, the Vienna Convention on Consular
      Relations, other international agreements to which the United
      States is a party, the laws of the United States, and orders,
      regulations, and directives issued pursuant to law;
        (2) provide guidance for the formulation and conduct of
      programs and activities of the Department and other agencies
      which relate to the foreign relations of the United States; and
        (3) perform functions on behalf of any agency or other
      Government establishment (including any establishment in the
      legislative or judicial branch) requiring their services.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 104, Oct. 17, 1980, 94 Stat. 2076.)

-End-

-CITE-
    22 USC Sec. 3905                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3905. Personnel actions

-STATUTE-
    (a) Merit principles; "personnel action" defined
      (1) All personnel actions with respect to career members and
    career candidates in the Service (including applicants for career
    candidate appointments) shall be made in accordance with merit
    principles.
      (2) For purposes of paragraph (1), the term "personnel action"
    means - 
        (A) any appointment, promotion, assignment (including
      assignment to any position or salary class), award of performance
      pay or special differential, within-class salary increase,
      separation, or performance evaluation, and
        (B) any decision, recommendation, examination, or ranking
      provided for under this chapter which relates to any action
      referred to in subparagraph (A).
    (b) Rules and regulations; discrimination; reprisals for disclosure
      of information; submission of reports, evaluations, or
      recommendations; freedom from prohibited personnel practices
      The Secretary shall administer the provisions of this chapter and
    shall prescribe such regulations as may be necessary to ensure that
    members of the Service, as well as applicants for appointments in
    the Service - 
        (1) are free from discrimination on the basis of race, color,
      religion, sex, national origin, age, handicapping condition,
      marital status, geographic or educational affiliation within the
      United States, or political affiliation, as prohibited under
      section 2302(b)(1) of title 5;
        (2) are free from reprisal for - 
          (A) a disclosure of information by a member or applicant
        which the member or applicant reasonably believes evidences - 
            (i) a violation of any law, rule, or regulation, or
            (ii) mismanagement, a gross waste of funds, an abuse of
          authority, or a substantial and specific danger to public
          health or safety,

        if such disclosure is not specifically prohibited by law and if
        such information is not specifically required by Executive
        order to be kept secret in the interest of national defense or
        the conduct of foreign affairs; or
          (B) a disclosure to the Special Counsel of the Merit Systems
        Protection Board, or to the Inspector General of an agency
        (including the Inspector General of the Department of State and
        the Foreign Service) or another employee designated by the head
        of the agency to receive such disclosures, of information which
        the member or applicant reasonably believes evidences - 
            (i) a violation of any law, rule, or regulation, or
            (ii) mismanagement, a gross waste of funds, an abuse of
          authority, or a substantial and specific danger to public
          health or safety;

        (3) are free to submit to officials of the Service and the
      Department any report, evaluation, or recommendation, including
      the right to submit such report, evaluation, or recommendation
      through a separate dissent channel, whether or not the views
      expressed therein are in accord with approved policy, unless the
      report, evaluation, or recommendation was submitted with the
      knowledge that it was false or with willful disregard for its
      truth or falsity; and
        (4) are free from any personnel practice prohibited by section
      2302 of title 5.
    (c) Withholding or disclosure of information to Congress
      This section shall not be construed as authorizing the
    withholding of information from the Congress or the taking of any
    action against a member of the Service who discloses information to
    the Congress.
    (d) Minority recruitment program
      (1) The Secretary shall establish a minority recruitment program
    for the Service consistent with section 7201 of title 5.
      (2) Omitted.
    (e) Applicability to other judicial or statutory rights or remedies
      This section shall not be construed to extinguish or lessen any
    effort to achieve equal employment opportunity through affirmative
    action or any right or remedy available to any employee or
    applicant for employment in the civil service under - 
        (1) section 2000e-16 of title 42, prohibiting discrimination on
      the basis of race, color, religion, sex, or national origin;
        (2) sections 631 and 633a of title 29, prohibiting
      discrimination on the basis of age;
        (3) section 206(d) of title 29, prohibiting discrimination on
      the basis of sex;
        (4) sections 791 and 794a of title 29, prohibiting
      discrimination on the basis of handicapping condition; or
        (5) any provision of law, rule, or regulation prohibiting
      discrimination on the basis of marital status or political
      affiliation.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 105, Oct. 17, 1980, 94 Stat. 2077;
    Pub. L. 100-204, title I, Sec. 185(a), Dec. 22, 1987, 101 Stat.
    1365; Pub. L. 101-246, title I, Sec. 153(d), Feb. 16, 1990, 104
    Stat. 43.)

-COD-
                               CODIFICATION                           
      Subsec. (d)(2) of this section, which required the Secretary to
    transmit at least once annually to the Chairman of the Committee on
    Foreign Relations of the Senate and the Speaker of the House of
    Representatives the Department's reports on equal employment
    opportunity, affirmative action, and minority recruitment programs,
    which reports are required by law, regulation, or directive to be
    submitted to the Equal Employment Opportunity Commission (EEOC) or
    the Office of Personnel Management (OPM), terminated, effective May
    15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, page 129 of House Document No. 103-7.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b)(1). Pub. L. 101-246 inserted "geographic or
    educational affiliation within the United States," after "marital
    status,".
      1987 - Subsec. (d)(2). Pub. L. 100-204 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Not later
    than January 31 of each year, the Secretary shall transmit to each
    House of the Congress a report, signed by the Secretary, on the
    activities of the Secretary under paragraph (1). Such report shall
    include any affirmative action plans submitted by the Secretary
    under section 2000e-16 of title 42 and any data necessary to
    evaluate the effectiveness of the program under paragraph (1) for
    the preceding fiscal year, together with recommendations for
    administrative or legislative action the Secretary considers
    appropriate."

-End-

-CITE-
    22 USC SUBCHAPTER II - MANAGEMENT OF SERVICE                01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
                   SUBCHAPTER II - MANAGEMENT OF SERVICE               

-End-

-CITE-
    22 USC Sec. 3921                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3921. Administration by Secretary of State

-STATUTE-
      (a) Under the direction of the President, the Secretary of State
    shall administer and direct the Service and shall coordinate its
    activities with the needs of the Department of State and other
    agencies.
      (b) The Secretary of State alone among the heads of agencies
    utilizing the Foreign Service personnel system shall perform the
    functions expressly vested in the Secretary of State by this
    chapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 201, Oct. 17, 1980, 94 Stat. 2078.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
    as amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-End-

-CITE-
    22 USC Sec. 3922                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3922. Utilization of Foreign Service personnel system by other
      agencies

-STATUTE-
      (a)(1) The Broadcasting Board of Governors and the Administrator
    of the Agency for International Development may utilize the Foreign
    Service personnel system with respect to their respective agencies
    in accordance with this chapter.
      (2) The Secretary of Agriculture may utilize the Foreign Service
    personnel system in accordance with this chapter - 
        (A) with respect to personnel of the Foreign Agricultural
      Service, and
        (B) with respect to other personnel of the Department of
      Agriculture to the extent the President determines to be
      necessary in order to enable the Department of Agriculture to
      carry out functions which require service abroad.

      (3) The Secretary of Commerce may utilize the Foreign Service
    personnel system in accordance with this chapter - 
        (A) with respect to the personnel performing functions
      transferred to the Department of Commerce from the Department of
      State by Reorganization Plan Numbered 3 of 1979, and
        (B) with respect to other personnel of the Department of
      Commerce to the extent the President determines to be necessary
      in order to enable the Department of Commerce to carry out
      functions which require service abroad.

      (4)(A) Whenever (and to the extent) the Secretary of State
    considers it in the best interests of the United States Government,
    the Secretary of State may authorize the head of any agency or
    other Government establishment (including any establishment in the
    legislative or judicial branch) to appoint under section 3943 of
    this title individuals described in subparagraph (B) as members of
    the Service and to utilize the Foreign Service personnel system
    with respect to such individuals under such regulations as the
    Secretary of State may prescribe.
      (B) The individuals referred to in subparagraph (A) are
    individuals eligible for employment abroad under section 3951(a) of
    this title.
      (b) Subject to section 3921(b) of this title - 
        (1) the agency heads referred to in subsection (a) of this
      section, and
        (2) the head of any other agency (to the extent authority to
      utilize the Foreign Service personnel system is granted to such
      agency head under any other chapter),

    shall in the case of their respective agencies exercise the
    functions vested in the Secretary by this chapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 202, Oct. 17, 1980, 94 Stat. 2078;
    Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
    291; Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.
    1335(k)(1), title XIV, Sec. 1422(b)(4)(A), Oct. 21, 1998, 112 Stat.
    2681-789, 2681-793; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.
    A, title III, Sec. 332], Nov. 29, 1999, 113 Stat. 1536, 1501A-439.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 3 of 1979, referred to in subsec.
    (a)(3)(A), is Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat.
    1381, which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(4). Pub. L. 106-113 added par. (4).
      1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 1422(b)(4)(A),
    substituted "Administrator of the Agency for International
    Development" for "Director of the United States International
    Development Cooperation Agency".
      Pub. L. 105-277, Sec. 1335(k)(1), substituted "Broadcasting Board
    of Governors" for "Director of the United States Information
    Agency".

-CHANGE-
                              CHANGE OF NAME                          
      "Director of the United States Information Agency" substituted
    for "Director of the International Communication Agency" in subsec.
    (a)(1), pursuant to section 303(b) of Pub. L. 97-241, set out as a
    note under section 1461 of this title.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 1335(k)(1) of Pub. L. 105-277 effective Oct.
    1, 1999, see section 1301 of Pub. L. 105-277, set out as an
    Effective Date note under section 6531 of this title.
      Amendment by section 1422(b)(4) of Pub. L. 105-277 effective Apr.
    1, 1999, see section 1401 of Pub. L. 105-277, set out as an
    Effective Date note under section 6561 of this title.

     EXERCISE OF CERTAIN FUNCTIONS BY BOARD OF THE FOREIGN SERVICE AND
                BOARD OF EXAMINERS FOR THE FOREIGN SERVICE
      The Board of the Foreign Service and the Board of Examiners for
    the Foreign Service were authorized to exercise with respect to
    Foreign Service personnel of the Department of Commerce, functions
    delegated to them by Ex. Ord. No. 11264, set out as a note under
    section 3930 of this title, respecting Foreign Service personnel of
    the Department of State, see section 1-104(c) of Ex. Ord. No.
    12188, Jan. 2, 1980, 45 F.R. 991, set out as a note under section
    2171 of Title 19, Customs Duties.

-EXEC-
    EX. ORD. NO. 10522. AUTHORITY OF THE DIRECTOR OF THE UNITED STATES
                            INFORMATION AGENCY
      Ex. Ord. No. 10522, Mar. 26, 1954, 19 F.R. 1689, provided:
      Section 1. The Director of the United States Information Agency
    is hereby authorized to carry out the functions of the Board of the
    Foreign Service, provided for by the Foreign Service Act of 1946
    (60 Stat. 999) [this chapter], with respect to personnel appointed
    or assigned for service in the United States Information Agency
    under the provisions of such Act, as amended [this chapter]:
    Provided, That nothing herein contained shall be construed as
    transferring to the said Director any function of the said Board
    relating to any Foreign Service Officer.
      Sec. 2. The Director of the United States Information Agency is
    hereby authorized to prescribe such regulations and issue such
    orders and instructions, not inconsistent with law, as may be
    necessary or desirable for carrying out his functions under section
    1 of this order.
                                                   Dwight D. Eisenhower.

      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of this title.]

-End-

-CITE-
    22 USC Sec. 3922a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3922a. Representation of minorities and women in Foreign
      Service

-STATUTE-
    (a) Development of program
      The head of each agency utilizing the Foreign Service personnel
    system shall develop, consistent with section 7201 of title 5, a
    plan designed to increase significantly the number of members of
    minority groups and women in the Foreign Service in that agency.
    (b) Emphasis on mid-levels
      Each plan developed pursuant to this section shall, consistent
    with section 7201 of title 5, place particular emphasis on
    achieving significant increases in the numbers of minority group
    members and women who are in the mid-levels of the Foreign Service.

-SOURCE-
    (Pub. L. 99-93, title I, Sec. 152, Aug. 16, 1985, 99 Stat. 428;
    Pub. L. 100-204, title I, Sec. 185(c)(3), Dec. 22, 1987, 101 Stat.
    1366.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1986 and 1987, and not as part of
    the Foreign Service Act of 1980 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (c). Pub. L. 100-204 struck out subsec. (c) which
    read as follows: "The head of each agency utilizing the Foreign
    Service personnel system shall report annually to the Congress on
    the plan developed pursuant to this section as part of the report
    required to be submitted pursuant to section 3905(d)(2) of this
    title. Subsequent reports pursuant to that section shall include
    reports on the implementation of these plans, giving particular
    attention to the progress being made in increasing, through
    advancement and promotion, the numbers of members of minority
    groups and women in the mid-levels of the Foreign Service."

           REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE       
      Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2318, Oct.
    21, 1998, 112 Stat. 2681-829, provided that: "The Secretary of
    State shall during each of calendar years 1998 and 1999 submit a
    report to the Congress concerning minorities and the Foreign
    Service officer corps. In addition to such other information as is
    relevant to this issue, the report shall include the following data
    for the last preceding examination and promotion cycles for which
    such information is available (reported in terms of real numbers
    and percentages and not as ratios):
        "(1) The numbers and percentages of all minorities taking the
      written Foreign Service examination.
        "(2) The numbers and percentages of all minorities successfully
      completing and passing the written Foreign Service examination.
        "(3) The numbers and percentages of all minorities successfully
      completing and passing the oral Foreign Service examination.
        "(4) The numbers and percentages of all minorities entering the
      junior officers class of the Foreign Service.
        "(5) The numbers and percentages of all minority Foreign
      Service officers at each grade.
        "(6) The numbers of and percentages of minorities promoted at
      each grade of the Foreign Service officer corps."

              MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM          
      Pub. L. 103-236, title I, Sec. 178, Apr. 30, 1994, 108 Stat. 414,
    provided that:
      "(a) Purpose. - It is the purpose of this section to promote the
    acquisition and retention of highly qualified, trained, and
    experienced women and minority personnel within the Foreign
    Service, to provide the maximum opportunity for the Foreign Service
    to meet staffing needs and to acquire the services of experienced
    and talented women and minority personnel, and to help alleviate
    the impact of downsizing, reduction-in-force, and budget
    restrictions occurring in the defense and national security-related
    agencies of the United States.
      "(b) Establishment. - For each of the fiscal years 1994 and 1995,
    the Secretary of State shall to the maximum extent practicable
    appoint to the Foreign Service qualified women and minority
    applicants who are participants in the priority placement program
    of the Department of Defense, the Department of Defense out-
    placement referral program, the Office of Personnel Management
    Automated Applicant Referral System, or the Office of Personnel
    Management Interagency Placement Program. The Secretary shall make
    such appointments through the mid-level entry program of the
    Department of State under section 306 of the Foreign Service Act of
    1980 [22 U.S.C. 3946].
      "(c) Report. - Not later than 180 days after the date of
    enactment of this Act [Apr. 30, 1994], the Secretary of State shall
    prepare and submit a report concerning the implementation of
    subsection (a) to the Chairman of the Committee on Foreign
    Relations of the Senate and the Speaker of the House of
    Representatives. Such report shall include recommendations on
    methods to improve implementation of the purpose of this section."

                  WOMEN AND MINORITIES IN FOREIGN SERVICE              
      Section 183 of Pub. L. 100-204 provided that:
      "(a) Findings. - The Congress finds that the Department of State
    and other Foreign Service agencies have not been successful in
    their efforts - 
        "(1) to recruit and retain members of minority groups in order
      to increase significantly the number of members of minority
      groups in the Foreign Service; and
        "(2) to provide adequate career advancement for women and
      members of minority groups in order to increase significantly the
      numbers of women and members of minority groups in the senior
      levels of the Foreign Service.
      "(b) A More Representative Foreign Service. - The Secretary of
    State and the head of each of the other agencies utilizing the
    Foreign Service personnel system - 
        "(1) shall substantially increase their efforts to implement
      effectively the plans required by section 152(a) of the Foreign
      Relations Authorization Act, Fiscal Years 1986 and 1987 [22
      U.S.C. 3922a(a)], so that the Foreign Service becomes truly
      representative of the American people throughout all levels of
      the Foreign Service; and
        "(2) shall ensure that those plans effectively address the need
      to promote increased numbers of qualified women and members of
      minority groups into the senior levels of the Foreign Service.
      "(c) Department of State Hiring Practices of Minorities and
    Women. - The Secretary of State shall include annually as part of
    the report required to be submitted pursuant to section 105(d)(2)
    of the Foreign Service Act of 1980 [former 22 U.S.C. 3905(d)(2)] - 
        "(1) a report on the progress made at the Assistant Secretary
      and Bureau level of the Department of State in increasing the
      presence of minorities and women at all levels in the Foreign
      Service and Civil Service workforces of the Department of State,
      and
        "(2) the specific actions taken to address the lack of Hispanic
      Americans, Asian Americans, and Native Americans in the Senior
      Executive Service and Senior Foreign Service of the Department of
      State."

-End-

-CITE-
    22 USC Sec. 3922b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3922b. Public diplomacy training

-STATUTE-
    (a) Statement of policy
      The following should be the policy of the United States:
        (1) The Foreign Service should recruit individuals with
      expertise and professional experience in public diplomacy.
        (2) United States chiefs of mission should have a prominent
      role in the formulation of public diplomacy strategies for the
      countries and regions to which they are assigned and should be
      accountable for the operation and success of public diplomacy
      efforts at their posts.
        (3) Initial and subsequent training of Foreign Service officers
      should be enhanced to include information and training on public
      diplomacy and the tools and technology of mass communication.
    (b) Personnel
      (1) Qualifications
        In the recruitment, training, and assignment of members of the
      Foreign Service, the Secretary of State - 
          (A) should emphasize the importance of public diplomacy and
        applicable skills and techniques;
          (B) should consider the priority recruitment into the Foreign
        Service, including at middle-level entry, of individuals with
        expertise and professional experience in public diplomacy, mass
        communications, or journalism; and
          (C) shall give special consideration to individuals with
        language facility and experience in particular countries and
        regions.
      (2) Languages of special interest
        The Secretary of State shall seek to increase the number of
      Foreign Service officers proficient in languages spoken in
      countries with predominantly Muslim populations. Such increase
      should be accomplished through the recruitment of new officers
      and incentives for officers in service.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7110, Dec. 17, 2004, 118 Stat.
    3793.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 7110 of Pub. L. 108-458. Subsec.
    (c) of section 7110 of Pub. L. 108-458 amended section 4003 of this
    title.
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the 9/11
    Commission Implementation Act of 2004, and not as part of the
    Foreign Service Act of 1980 which comprises this chapter.

-End-

-CITE-
    22 USC Sec. 3923                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3923. Compatibility among agencies utilizing Foreign Service
      personnel system

-STATUTE-
      (a) The Service shall be administered to the extent practicable
    in a manner that will assure maximum compatibility among the
    agencies authorized by law to utilize the Foreign Service personnel
    system. To this end, the other heads of such agencies shall consult
    regularly with the Secretary of State.
      (b) Nothing in this subchapter shall be construed as diminishing
    the authority of the head of any agency authorized by law to
    utilize the Foreign Service personnel system.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 203, Oct. 17, 1980, 94 Stat. 2079.)

-End-

-CITE-
    22 USC Sec. 3924                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3924. Uniform and consolidated administration of Service

-STATUTE-
      The Secretary shall on a continuing basis consider the need for
    uniformity of personnel policies and procedures and for
    consolidation (in accordance with section 2695 of this title) of
    personnel functions among agencies utilizing the Foreign Service
    personnel system. Where feasible, the Secretary of State shall
    encourage (in consultation with the other heads of such agencies)
    the development of uniform policies and procedures and consolidated
    personnel functions.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 204, Oct. 17, 1980, 94 Stat. 2079.)

-End-

-CITE-
    22 USC Sec. 3925                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3925. Compatibility between Foreign Service and other
      Government personnel systems

-STATUTE-
      The Service shall be administered to the extent practicable in
    conformity with general policies and regulations of the Government.
    The Secretary shall consult with the Director of the Office of
    Personnel Management, the Director of the Office of Management and
    Budget, and the heads of such other agencies as the President shall
    determine, in order to assure compatibility of the Foreign Service
    personnel system with other Government personnel systems to the
    extent practicable.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 205, Oct. 17, 1980, 94 Stat. 2079.)

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, set out as a note under section 3901 of this title.

-MISC1-
         CONSULTATION WITH OTHER FEDERAL DEPARTMENTS AND AGENCIES     
      For authority for the Secretary of State to consult with the
    Secretary of Agriculture, the Secretary of Commerce, the Director
    of the United States Information Agency, the Administrator of the
    United States Agency for International Development, the Director of
    the Office of Personnel Management, and the Director of the Office
    of Management and Budget to ensure compatibility between the
    Foreign Service personnel system and other government personnel
    systems, see section 2 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, as amended, set out as note under section 3901 of this
    title.

-End-

-CITE-
    22 USC Sec. 3926                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3926. Regulations; delegation of functions

-STATUTE-
      (a) The Secretary may prescribe such regulations as the Secretary
    deems appropriate to carry out functions under this chapter.
      (b) The Secretary may delegate functions under this chapter which
    are vested in the Secretary to any employee of the Department or
    any member of the Service.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 206, Oct. 17, 1980, 94 Stat. 2079.)

-MISC1-
     REGULATIONS REGARDING FOREIGN LANGUAGE COMPETENCE WITHIN FOREIGN
                                  SERVICE
      Pub. L. 103-236, title I, Sec. 191(a), Apr. 30, 1994, 108 Stat.
    418, as amended by Pub. L. 103-415, Sec. 1(u), Oct. 25, 1994, 108
    Stat. 4302, provided that: "Not later than 180 days after the date
    of enactment of this Act [Apr. 30, 1994], the Secretary of State
    shall promulgate regulations - 
        "(1) establishing hiring preferences for Foreign Service
      Officer candidates competent in languages, with priority
      preference given to those languages in which the Department of
      State has a deficit;
        "(2) establishing a standard that employees will not receive
      long-term training in more than 3 languages, and requiring that
      employees achieve full professional proficiency (S4/R4) in 1
      language as a condition for training in a third, with exceptions
      for priority needs of the service at the discretion of the
      Director General;
        "(3) requiring that employees receiving long-term training in a
      language, or hired with a hiring preference for a language, serve
      at least 2 tours in jobs requiring that language, with exceptions
      for certain limited-use languages and priority needs of the
      service at the discretion of the Director General;
        "(4) requiring that significant consideration be given to
      foreign language competence and use in the evaluation,
      assignment, and promotion of all Foreign Service Officers of the
      Department of State, the Agency for International Development,
      and the United States Information Agency;
        "(5) requiring the identification of appropriate Washington,
      D.C. metropolitan area positions as language-designated; and
        "(6) requiring remedial training and suspension of language
      differential payments for employees receiving such payments who
      have failed to maintain required levels of proficiency."
      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of this title.]

-End-

-CITE-
    22 USC Sec. 3927                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3927. Chief of mission

-STATUTE-
    (a) Duties
      Under the direction of the President, the chief of mission to a
    foreign country - 
        (1) shall have full responsibility for the direction,
      coordination, and supervision of all Government executive branch
      employees in that country (except for Voice of America
      correspondents on official assignment and employees under the
      command of a United States area military commander); and
        (2) shall keep fully and currently informed with respect to all
      activities and operations of the Government within that country,
      and shall insure that all Government executive branch employees
      in that country (except for Voice of America correspondents on
      official assignment and employees under the command of a United
      States area military commander) comply fully with all applicable
      directives of the chief of mission.
    (b) Duties of agencies with employees in foreign countries
      Any executive branch agency having employees in a foreign country
    shall keep the chief of mission to that country fully and currently
    informed with respect to all activities and operations of its
    employees in that country, and shall insure that all of its
    employees in that country (except for Voice of America
    correspondents on official assignment and employees under the
    command of a United States area military commander) comply fully
    with all applicable directives of the chief of mission.
    (c) Promotion of United States goods and services
      Each chief of mission to a foreign country shall have as a
    principal duty the promotion of United States goods and services
    for export to such country.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 207, Oct. 17, 1980, 94 Stat. 2079;
    Pub. L. 97-241, title I, Sec. 123, Aug. 24, 1982, 96 Stat. 281;
    Pub. L. 100-204, title I, Sec. 136, Dec. 22, 1987, 101 Stat. 1345;
    Pub. L. 107-228, div. A, title V, Sec. 505(b), Sept. 30, 2002, 116
    Stat. 1393.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsecs. (a)(1), (2), (b). Pub. L. 107-228 inserted "Voice
    of America correspondents on official assignment and" after "except
    for".
      1987 - Subsec. (a). Pub. L. 100-204, Sec. 136(1), (2), inserted
    "executive branch" after "Government" in par. (1) and after second
    reference to "Government" in par. (2).
      Subsec. (b). Pub. L. 100-204, Sec. 136(3), inserted "executive
    branch" after "Any".
      1982 - Subsec. (c). Pub. L. 97-241 added subsec. (c).

-End-

-CITE-
    22 USC Sec. 3927a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3927a. Review by chief of mission

-STATUTE-
    (a) Review of staff element under chief of mission authority;
      approval; process
      The Secretary of State shall require each chief of mission to
    review, not less than once every 5 years, every staff element under
    chief of mission authority, including staff from other departments
    or agencies of the United States, and recommend approval or
    disapproval of each staff element. Each such review shall be
    conducted pursuant to a process established by the President for
    determining appropriate staffing at diplomatic missions and
    overseas constituent posts (commonly referred to as the "NSDD-38
    process").
    (b) Actions by Secretary of State
      The Secretary of State, as part of the process established by the
    President referred to in subsection (a) of this section, shall take
    actions to carry out the recommendations made in each such review.
    (c) Reports
      Not later than 1 year after December 8, 2004, and annually
    thereafter, the Secretary of State shall submit a report on such
    reviews that occurred during the previous 12 months, together with
    the Secretary's recommendations regarding such reviews to the
    appropriate committees of Congress, the heads of all affected
    departments or agencies, and the Inspector General of the
    Department of State.

-SOURCE-
    (Pub. L. 108-447, div. B, title IV, Sec. 409, Dec. 8, 2004, 118
    Stat. 2904.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2005, and also as part of the Consolidated
    Appropriations Act, 2005, and not as part of the Foreign Service
    Act of 1980 which comprises this chapter.

-End-

-CITE-
    22 USC Sec. 3928                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3928. Director General of Foreign Service

-STATUTE-
      The President shall appoint, by and with the advice and consent
    of the Senate, a Director General of the Foreign Service, who shall
    be a current or former career member of the Foreign Service. The
    Director General should assist the Secretary of State in the
    management of the Service and perform such functions as the
    Secretary of State may prescribe.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 208, Oct. 17, 1980, 94 Stat. 2080;
    Pub. L. 103-236, title I, Sec. 163, Apr. 30, 1994, 108 Stat. 411.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-236 amended section generally. Prior to
    amendment, section read as follows: "There shall be a Director
    General of the Foreign Service, who shall be appointed by the
    President, by and with the advice and consent of the Senate, from
    among the career members of the Senior Foreign Service. The
    Director General shall assist the Secretary of State in the
    management of the Service and shall perform such functions as the
    Secretary of State may prescribe."

-End-

-CITE-
    22 USC Sec. 3929                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3929. Inspector General

-STATUTE-
    (a) Appointment; supervision by Secretary of State; prohibition
      against interference by State Department with certain duties;
      inspections, audits, and other functions; removal from office
      (1) There shall be an Inspector General of the Department of
    State and the Foreign Service, who shall be appointed by the
    President, by and with the advice and consent of the Senate,
    without regard to political affiliation from among individuals
    exceptionally qualified for the position by virtue of their
    integrity and their demonstrated ability in accounting, auditing,
    financial analysis, law, management analysis, public
    administration, or investigations, or their knowledge and
    experience in the conduct of foreign affairs. The Inspector General
    shall report to and be under the general supervision of the
    Secretary of State. Neither the Secretary of State nor any other
    officer of the Department shall prevent or prohibit the Inspector
    General from initiating, carrying out, or completing any audit or
    investigation, or from issuing any subpena during the course of any
    audit or investigation. The Inspector General shall periodically
    (at least every 5 years) inspect and audit the administration of
    activities and operations of each Foreign Service post and each
    bureau and other operating unit of the Department of State, and
    shall perform such other functions as the Secretary of State may
    prescribe, except that the Secretary of State shall not assign to
    the Inspector General any general program operating
    responsibilities.
      (2) The Inspector General may be removed from office by the
    President. The President shall communicate the reasons for any such
    removal to both Houses of Congress.
    (b) Subject matter of inspections, investigations, and audits
      Inspections, investigations, and audits conducted by or under the
    direction of the Inspector General shall include the systematic
    review and evaluation of the administration of activities and
    operations of Foreign Service posts and bureaus and other operating
    units of the Department of State, including an examination of - 
        (1) whether financial transactions and accounts are properly
      conducted, maintained, and reported;
        (2) whether resources are being used and managed with the
      maximum degree of efficiency, effectiveness, and economy;
        (3) whether the administration of activities and operations
      meets the requirements of applicable laws and regulations and,
      specifically, whether such administration is consistent with the
      requirements of section 3905 of this title;
        (4) whether there exist instances of fraud or other serious
      problems, abuses, or deficiencies, and whether adequate steps for
      detection, correction, and prevention have been taken; and
        (5) whether policy goals and objectives are being effectively
      achieved and whether the interests of the United States are being
      accurately and effectively represented.
    (c) Policies and procedures governing inspection and audit
      activities; coordination and cooperation with Comptroller
      General; report to Attorney General on criminal law violations;
      provision of information to employees; conduct of investigations
      (1) The Inspector General shall develop and implement policies
    and procedures for the inspection and audit activities carried out
    under this section. These policies and procedures shall be
    consistent with the general policies and guidelines of the
    Government for inspection and audit activities and shall comply
    with the standards established by the Comptroller General of the
    United States for audits of Government agencies, organizations,
    programs, activities, and functions.
      (2) In carrying out the duties and responsibilities established
    under this section, the Inspector General shall give particular
    regard to the activities of the Comptroller General of the United
    States with a view toward insuring effective coordination and
    cooperation.
      (3) In carrying out the duties and responsibilities established
    under this section, the Inspector General shall report
    expeditiously to the Attorney General whenever the Inspector
    General has reasonable grounds to believe there has been a
    violation of Federal criminal law.
      (4) The Inspector General shall develop and provide to employees -
     
        (A) information detailing their rights to counsel; and
        (B) guidelines describing in general terms the policies and
      procedures of the Office of Inspector General with respect to
      individuals under investigation other than matters exempt from
      disclosure under other provisions of law.

      (5) Investigations. - 
        (A) Conduct of investigations. - In conducting investigations
      of potential violations of Federal criminal law or Federal
      regulations, the Inspector General shall - 
          (i) abide by professional standards applicable to Federal law
        enforcement agencies; and
          (ii) make every reasonable effort to permit each subject of
        an investigation an opportunity to provide exculpatory
        information.

        (B) Final reports of investigations. - In order to ensure that
      final reports of investigations are thorough and accurate, the
      Inspector General shall - 
          (i) make every reasonable effort to ensure that any person
        named in a final report of investigation has been afforded an
        opportunity to refute any allegation of wrongdoing or assertion
        with respect to a material fact made regarding that person's
        actions;
          (ii) include in every final report of investigation any
        exculpatory information, as well as any inculpatory
        information, that has been discovered in the course of the
        investigation.
    (d) Reports by Inspector General and Secretary of State
      (1) The Inspector General shall keep the Secretary of State fully
    and currently informed, by means of the reports required by
    paragraphs (2) and (3) and otherwise, concerning fraud and other
    serious problems, abuses, and deficiencies relating to the
    administration of activities and operations administered or
    financed by the Department of State.
      (2) The Inspector General shall, not later than April 30 of each
    year, prepare and furnish to the Secretary of State an annual
    report summarizing the activities of the Inspector General. Such
    report shall include - 
        (A) a description of significant problems, abuses, and
      deficiencies relating to the administration of activities and
      operations of Foreign Service posts, and bureaus and other
      operating units of the Department of State, which were disclosed
      by the Inspector General within the reporting period;
        (B) a description of the recommendations for corrective action
      made by the Inspector General during the reporting period with
      respect to significant problems, abuses, or deficiencies
      described pursuant to subparagraph (A);
        (C) an identification of each significant recommendation
      described in previous annual reports on which corrective action
      has not been completed;
        (D) a summary of matters referred to prosecutive authorities
      and the prosecutions and convictions which have resulted;
        (E) a listing of each audit report completed by the Inspector
      General during the reporting period; and
        (F) a notification, which may be included, if necessary, in the
      classified portion of the report, of any instance in a case that
      was closed during the period covered by the report when the
      Inspector General decided not to afford an individual the
      opportunity described in subsection (c)(5)(B)(i) of this section
      to refute any allegation and the rationale for denying such
      individual that opportunity.

    The Secretary of State shall transmit a copy of such annual report
    within 30 days after receiving it to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives and to other appropriate committees,
    together with a report of the Secretary of State containing any
    comments which the Secretary of State deems appropriate. Within 60
    days after transmitting such reports to those committees, the
    Secretary of State shall make copies of them available to the
    public upon request and at a reasonable cost.
      (3) The Inspector General shall report immediately to the
    Secretary of State whenever the Inspector General becomes aware of
    particularly serious or flagrant problems, abuses, or deficiencies
    relating to the administration of activities and operations of
    Foreign Service posts or bureaus or other operating units of the
    Department of State. The Secretary of State shall transmit any such
    report to the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs of the House of Representatives and to
    other appropriate committees within 7 days after receiving it,
    together with a report by the Secretary of State containing any
    comments the Secretary of State deems appropriate.
      (4) Nothing in this subsection shall be construed to authorize
    the public disclosure by any individual of any information which is
    - 
        (A) specifically prohibited from disclosure by any other
      provision of law; or
        (B) specifically required by Executive order to be kept secret
      in the interest of national defense or the conduct of foreign
      affairs.
    (e) Applicability of powers and responsibilities under other
      statutory provisions; assignment of Service employees to
      Inspector General; participation in formal interviews
      (1) The Inspector General shall have the same authority in
    carrying out the provisions of this section as is granted under
    section 6 of the Inspector General Act of 1978 to each Inspector
    General of an establishment (as defined in section 11(2) of such
    Act) for carrying out the provisions of that Act, and the
    responsibilities of other officers of the Government to the
    Inspector General shall be the same as the responsibilities of the
    head of an agency or establishment under section 6(b) and (c) of
    such Act.
      (2) At the request of the Inspector General, employees of the
    Department and members of the Service may be assigned as employees
    of the Inspector General. The individuals so assigned and
    individuals appointed pursuant to paragraph (1) shall be
    responsible solely to the Inspector General, and the Inspector
    General or his or her designee shall prepare the performance
    evaluation reports for such individuals.
      (3) The Inspector General shall ensure that only officials from
    the Office of the Inspector General may participate in formal
    interviews or other formal meetings with the individual who is the
    subject of an investigation, other than an intelligence-related or
    sensitive undercover investigation, or except in those situations
    when the Inspector General has a reasonable basis to believe that
    such notice would cause tampering with witnesses, destroying
    evidence, or endangering the lives of individuals, unless that
    individual receives prior adequate notice regarding participation
    by officials of any other agency, including the Department of
    Justice, in such interviews or meetings.
    (f) Reception and investigation of complaints or information;
      disclosure of identity of informer
      (1) The Inspector General may receive and investigate complaints
    or information from a member of the Service or employee of the
    Department concerning the possible existence of an activity
    constituting a violation of laws or regulations, constituting
    mismanagement, gross waste of funds, or abuse of authority, or
    constituting a substantial and specific danger to public health or
    safety.
      (2) The Inspector General shall not, after receipt of a complaint
    or information from a member of the Service or employee of the
    Department, disclose the identity of such individual without the
    consent of such individual, unless the Inspector General determines
    such disclosure is unavoidable during the course of the
    investigation.
    (g) Review of activities and operations of chiefs of mission
      Under the general supervision of the Secretary of State, the
    Inspector General may review activities and operations performed
    under the direction, coordination, and supervision of chiefs of
    mission for the purpose of ascertaining their consonance with the
    foreign policy of the United States and their consistency with the
    responsibilities of the Secretary of State and the chief of
    mission.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 209, Oct. 17, 1980, 94 Stat. 2080;
    Pub. L. 99-399, title IV, Sec. 413(a)(6), Aug. 27, 1986, 100 Stat.
    868; Pub. L. 99-529, title IV, Sec. 405, Oct. 24, 1986, 100 Stat.
    3020; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2208(a),
    (b), Oct. 21, 1998, 112 Stat. 2681-810; Pub. L. 106-113, div. B,
    Sec. 1000(a)(7) [div. A, title III, Sec. 339(a), (b)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-443.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec. (e)(1),
    is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
    is set out in Title 5, Appendix, Government Organization and
    Employees.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c)(5). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
    title III, Sec. 339(a)], added par. (5).
      Subsec. (d)(2)(F). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
    title III, Sec. 339(b)], added subpar. (F).
      1998 - Subsec. (c)(4). Pub. L. 105-277, Sec. 2208(a), added par.
    (4).
      Subsec. (e)(3). Pub. L. 105-277, Sec. 2208(b), added par. (3).
      1986 - Subsec. (a)(1). Pub. L. 99-529 repealed Sec. 413(a)(6) of
    Pub. L. 99-399 and reenacted last sentence which had been struck
    out by Pub. L. 99-399.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    339(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
    "The amendments made by this section [amending this section] shall
    apply to cases opened on or after the date of the enactment of this
    Act [Nov. 29, 1999]."

                      CONSTRUCTION OF 1999 AMENDMENT                  
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    339(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
    "Nothing in the amendments made by this section [amending this
    section] may be construed to modify - 
        "(1) section 209(d)(4) of the Foreign Service Act of 1980 (22
      U.S.C. 3929(d)(4));
        "(2) section 7(b) of the Inspector General Act of 1978 (5
      U.S.C. app.);
        "(3) the Privacy Act of 1974 (5 U.S.C. 552a);
        "(4) the provisions of section 2302(b)(8) of title 5 (relating
      to whistleblower protection);
        "(5) rule 6(e) of the Federal Rules of Criminal Procedure [18
      U.S.C. App.] (relating to the protection of grand jury
      information); or
        "(6) any statute or executive order pertaining to the
      protection of classified information."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (d)(2) of this section relating to the requirement that the
    Secretary of State transmit a copy of the annual report furnished
    by the Inspector General, together with any comments which the
    Secretary deems appropriate, to the Committee on Foreign Relations
    of the Senate and the Committee on Foreign Affairs of the House of
    Representatives and to other appropriate committees, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and page 129 of House Document
    No. 103-7.

                      NO GRIEVANCE OR RIGHT OF ACTION                  
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    339(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
    "A failure to comply with the amendments made by this section
    [amending this section] shall not give rise to any private right of
    action in any court or to an administrative complaint or grievance
    under any law."

-End-

-CITE-
    22 USC Sec. 3929a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3929a. Abolishment of Inspector General of Department of State
      and Foreign Service

-STATUTE-
      Notwithstanding section 3929 of this title, the Inspector General
    of the Department of State and the Foreign Service is hereby
    abolished.

-SOURCE-
    (Pub. L. 99-93, title I, Sec. 150(b), Aug. 16, 1985, 99 Stat. 427;
    Pub. L. 99-399, title IV, Sec. 413(c), Aug. 27, 1986, 100 Stat.
    868.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1986 and 1987, and not as part of
    the Foreign Service Act of 1980 which comprises this chapter.
      Another subsec. (c) of section 413 of Pub. L. 99-399 is
    classified to section 4861(c) of this title.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-399 substituted provision abolishing the
    Inspector General of the Department of State and the Foreign
    Service for provision limiting the authority of the Inspector
    General to such functions as necessary to carry out section 3929(g)
    of this title.

-End-

-CITE-
    22 USC Sec. 3930                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3930. Board of Foreign Service

-STATUTE-
      The President shall establish a Board of the Foreign Service to
    advise the Secretary of State on matters relating to the Service,
    including furtherance of the objectives of maximum compatibility
    among agencies authorized by law to utilize the Foreign Service
    personnel system and compatibility between the Foreign Service
    personnel system and the other personnel systems of the Government.
    The Board of the Foreign Service shall be chaired by an individual
    appointed by the President and shall include one or more
    representatives of the Department of State, the Broadcasting Board
    of Governors, the Agency for International Development, the
    Department of Agriculture, the Department of Commerce, the
    Department of Labor, the Office of Personnel Management, the Office
    of Management and Budget, the Equal Employment Opportunity
    Commission, and such other agencies as the President may designate.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 210, Oct. 17, 1980, 94 Stat. 2082;
    Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
    291; Pub. L. 99-93, title I, Sec. 153, Aug. 16, 1985, 99 Stat. 428;
    Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(k)(2),
    title XIV, Sec. 1422(b)(4)(B), Oct. 21, 1998, 112 Stat. 2681-789,
    2681-793.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277, Sec. 1422(b)(4)(B), substituted "Agency
    for International Development" for "United States International
    Development Cooperation Agency".
      Pub. L. 105-277, Sec. 1335(k)(2), substituted "Broadcasting Board
    of Governors" for "United States Information Agency".
      1985 - Pub. L. 99-93 substituted "shall be chaired by an
    individual appointed by the President" for "shall be chaired by a
    career member of the Senior Foreign Service designated by the
    Secretary of State".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Information Agency" substituted in text for
    "International Communication Agency" pursuant to section 303(b) of
    Pub. L. 97-241, set out as a note under section 1461 of this title.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 1335(k)(2) of Pub. L. 105-277 effective Oct.
    1, 1999, see section 1301 of Pub. L. 105-277, set out as an
    Effective Date note under section 6531 of this title.
      Amendment by section 1422(b)(4)(B) of Pub. L. 105-277 effective
    Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an
    Effective Date note under section 6561 of this title.

-EXEC-
                         EXECUTIVE ORDER NO. 11264                     
      Ex. Ord. No. 11264, Dec. 31, 1965, 31 F.R. 67, as amended by Ex.
    Ord. No. 11434, Nov. 8, 1968, 33 F.R. 16485; Ex. Ord. No. 11636,
    Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 12107, Dec. 28, 1978, 44
    F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, which
    provided for the establishment, functions, etc., of the Board of
    the Foreign Service and Board of Examiners for the Foreign Service,
    was revoked by Ex. Ord. No. 12363, May 21, 1982, 47 F.R. 22497. See
    sections 6 and 9 of Ex. Ord. No. 12293, as amended, set out as a
    note under section 3901 of this title.

                         EXECUTIVE ORDER NO. 11434                     
      Ex. Ord. No. 11434, Nov. 8, 1968, 33 F.R. 16485, as amended by
    Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.
    12292, Feb. 23, 1981, 46 F.R. 13967, which related to
    administration of foreign service personnel systems, was revoked by
    Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-End-

-CITE-
    22 USC Sec. 3931                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER II - MANAGEMENT OF SERVICE

-HEAD-
    Sec. 3931. Board of Examiners

-STATUTE-
    (a) Establishment; membership; chairman
      The President shall establish a Board of Examiners for the
    Foreign Service to develop, and supervise the administration of,
    examinations prescribed under section 3941(b) of this title to be
    given to candidates for appointment in the Service. The Board 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 employees and who shall be qualified for service on the
    Board by virtue of their knowledge, experience, or training in the
    fields of testing or equal employment opportunity). The Board shall
    include representatives of agencies utilizing the Foreign Service
    personnel system and representatives of other agencies which have
    responsibility for employment testing. The Board shall be chaired
    by a member of the Board, designated by the President, who is a
    member of the Service.
    (b) Review of examinations; report to Secretary of State
      The Board of Examiners shall periodically review the examinations
    prescribed under section 3941(b) of this title 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 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.
    (c) Vacancies
      Any vacancy or vacancies on the Board shall not impair the right
    of the remaining members to exercise the full powers of the Board.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 211, Oct. 17, 1980, 94 Stat. 2083.)

-MISC1-
                    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.

-End-

-CITE-
    22 USC SUBCHAPTER III - APPOINTMENTS                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
                       SUBCHAPTER III - APPOINTMENTS                   

-End-

-CITE-
    22 USC Sec. 3941                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3941. General provisions

-STATUTE-
    (a) Citizenship requirement
      Only citizens of the United States may be appointed to the
    Service, other than for service abroad as a consular agent or as a
    foreign national employee.
    (b) Examinations
      The Secretary shall prescribe, as appropriate, written, oral,
    physical, foreign language, and other examinations for appointment
    to the Service (other than as a chief of mission or ambassador at
    large).
    (c) Veteran or disabled veteran
      The fact that an applicant for appointment as a Foreign Service
    officer candidate is a veteran or disabled veteran shall be
    considered an affirmative factor in making such appointments. As
    used in this subsection, the term "veteran or disabled veteran"
    means an individual who is a preference eligible under subparagraph
    (A), (B), or (C) of section 2108(3) of title 5.
    (d) Career and noncareer appointments
      (1) Members of the Service serving under career appointments are
    career members of the Service. Members of the Service serving under
    limited appointments are either career candidates or noncareer
    members of the Service.
      (2) Chiefs of mission, ambassadors at large, and ministers serve
    at the pleasure of the President.
      (3) An appointment as a Foreign Service officer is a career
    appointment. Foreign Service employees serving as career candidates
    or career members of the Service shall not represent to the income
    tax authorities of the District of Columbia or any other State or
    locality that they are exempt from income taxation on the basis of
    holding a Presidential appointment subject to Senate confirmation
    or that they are exempt on the basis of serving in an appointment
    whose tenure is at the pleasure of the President.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 301, Oct. 17, 1980, 94 Stat. 2083;
    Pub. L. 100-204, title I, Sec. 179(a), Dec. 22, 1987, 101 Stat.
    1362.)

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (d)(3). Pub. L. 100-204 inserted sentence at end
    relating to exemption from income taxation.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 179(b) of Pub. L. 100-204 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    respect to tax years beginning after December 31, 1987."

                   STUDY OF FOREIGN SERVICE EXAMINATION               
      Pub. L. 101-246, title I, Sec. 153(g), Feb. 16, 1990, 104 Stat.
    44, provided that: "The Secretary of State shall enter into a
    contract with a private organization for a comprehensive review and
    evaluation of the Foreign Service examination. Such review and
    evaluation shall - 
        "(1) identify any cultural, racial, ethnic, and sexual bias;
        "(2) evaluate the ability of the examination to measure an
      individual's aptitude for and potential in the Foreign Service;
        "(3) consider the relevance of the Foreign Service examination
      to the work of a Foreign Service officer;
        "(4) make recommendations for the removal of any element of
      bias in the examination; and
        "(5) make recommendations for improvements to achieve an
      examination free of any bias.
    Not more than 18 months after the date of the enactment of this Act
    [Feb. 16, 1990], the Secretary of State shall prepare and submit a
    report to the Congress which contains the findings of such review
    and evaluation, together with the comments of the Secretary and
    measures which the Secretary has initiated to respond to any
    adverse findings of such review. Such report shall take into
    consideration the current efforts by the Department of State to
    review its Foreign Service examination."

-End-

-CITE-
    22 USC Sec. 3942                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3942. Appointments by the President

-STATUTE-
      (a)(1) The President may, by and with the advice and consent of
    the Senate, appoint an individual as a chief of mission, as an
    ambassador at large, as an ambassador, as a minister, as a career
    member of the Senior Foreign Service, or as a Foreign Service
    officer.
      (2)(A) The President may, by and with the advice and consent of
    the Senate, confer the personal rank of career ambassador upon a
    career member of the Senior Foreign Service in recognition of
    especially distinguished service over a sustained period.
      (B)(i) Subject to the requirement of clause (ii), the President
    may confer the personal rank of ambassador or minister on an
    individual in connection with a special mission for the President
    of a temporary nature not exceeding six months in duration.
      (ii) The President may confer such personal rank only if, prior
    to such conferral, he transmits to the Committee on Foreign
    Relations of the Senate a written report setting forth - 
        (I) the necessity for conferring such rank,
        (II) the dates during which such rank will be held,
        (III) the justification for not submitting the proposed
      conferral of personal rank to the Senate as a nomination for
      advice and consent to appointment, and
        (IV) all relevant information concerning any potential conflict
      of interest which the proposed recipient of such personal rank
      may have with regard to the special mission.

    Such report shall be transmitted not less than 30 days prior to
    conferral of the personal rank of ambassador or minister except in
    cases where the President certifies in his report that urgent
    circumstances require the immediate conferral of such rank.
      (C) An individual upon whom a personal rank is conferred under
    subparagraph (A) or (B) shall not receive any additional
    compensation solely by virtue of such personal rank.
      (3) Except as provided in paragraph (2)(B) of this subsection or
    in clause 3, section 2, article II of the Constitution (relating to
    recess appointments), an individual may not be designated as
    ambassador or minister, or be designated to serve in any position
    with the title of ambassador or minister, without the advice and
    consent of the Senate.
      (b) If a member of the Service is appointed to any position in
    the executive branch by the President, by and with the advice and
    consent of the Senate, or by the President alone, the period of
    service in that position by the member shall be regarded as an
    assignment under subchapter V of this chapter and the member shall
    not, by virtue of the acceptance of such assignment, lose his or
    her status as a member of the Service. A member of the Senior
    Foreign Service who accepts such an assignment may elect to
    continue to receive the salary of his or her salary class, to
    remain eligible for performance pay under subchapter IV of this
    chapter, and to receive the leave to which such member is entitled
    under subchapter I of chapter 63, title 5, as a member of the
    Senior Foreign Service, in lieu of receiving the salary and leave
    (if any) of the position to which the member is appointed by the
    President.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 302, Oct. 17, 1980, 94 Stat. 2084;
    Pub. L. 100-204, title I, Sec. 177(b), Dec. 22, 1987, 101 Stat.
    1362; Pub. L. 102-138, title I, Secs. 141, 142(a), Oct. 28, 1991,
    105 Stat. 667.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a)(1). Pub. L. 102-138, Sec. 141, inserted "as an
    ambassador," after "ambassador at large,".
      Subsec. (b). Pub. L. 102-138, Sec. 142(a), substituted "may elect
    to continue to receive the salary of his or her salary class, to
    remain eligible for performance pay under subchapter IV of this
    chapter, and to receive the leave to which such member is entitled
    under subchapter I of chapter 63, title 5, as a member of the
    Senior Foreign Service, in lieu of receiving the salary and leave
    (if any) of the position to which the member is appointed by the
    President" for "shall receive the salary and leave (if any) of the
    position to which the member is appointed by the President and
    shall not be eligible for performance pay under subchapter IV of
    this chapter".
      1987 - Subsec. (b). Pub. L. 100-204 substituted "shall receive
    the salary and leave (if any) of the position to which the member
    is appointed by the President and shall not be eligible for
    performance pay under subchapter IV of this chapter." for "may
    elect to continue to receive the salary of his or her salary class,
    to remain eligible for performance pay under subchapter IV of this
    chapter, and to receive the leave to which such member is entitled
    under subchapter I of chapter 63 of title 5 as a member of the
    Senior Foreign Service, in lieu of receiving the salary and leave
    (if any) of the position to which the member is appointed by the
    President."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 177(c) of Pub. L. 100-204 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    3961 of this title] shall not apply to the salary of any individual
    serving under a Presidential appointment under section 302 of the
    Foreign Service Act of 1980 [this section] immediately before the
    date of the enactment of this Act [Dec. 22, 1987] during the period
    such individual continues to serve in such position."

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under subsec. (a)(1) delegated to
    Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23,
    1981, 46 F.R. 13969, set out as a note under section 3901 of this
    title.

-EXEC-
                         EXECUTIVE ORDER NO. 10062                     
      Ex. Ord. No. 10062, June 6, 1949, 14 F.R. 2695, as amended by act
    Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Ex. Ord. No.
    10144, July 21, 1950, 15 F.R. 4705, eff. June 6, 1949, which
    established the position of United States High Commissioner for
    Germany, was revoked by Ex. Ord. No. 10608, May 5, 1955, 20 F.R.
    3093, set out below.

       EX. ORD. NO. 10608. UNITED STATES AUTHORITY AND FUNCTIONS IN
                                  GERMANY
      Ex. Ord. No. 10608, May 5, 1955, 20 F.R. 3093, as amended by Ex.
    Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      By virtue of the authority vested in me by the Constitution and
    the statutes, including the Foreign Service Act of 1980 (94 Stat.
    2071), as amended [this chapter], and as President of the United
    States and Commander in Chief of the armed forces of the United
    States, it is ordered as follows:
      1. Executive Order No. 10062 of June 6, 1949, and Executive Order
    No. 10144 of July 21, 1950, amending that order, are hereby
    revoked, and the position of United States High Commissioner for
    Germany, established by that order, is hereby abolished.
      2. The Chief of the United States Diplomatic Mission to the
    Federal Republic of Germany, hereinafter referred to as the Chief
    of Mission, shall have supreme authority, except as otherwise
    provided herein, with respect to all responsibilities, duties, and
    governmental functions of the United States in all Germany. The
    Chief of Mission shall exercise his authority under the supervision
    of the Secretary of State and subject to ultimate direction by the
    President.
      3. The United States Military Commander having area
    responsibility in Germany, hereinafter referred to as the
    Commander, shall have authority with respect to all military
    responsibilities, duties, and functions of the United States in all
    Germany, including the command, security, and stationing of United
    States forces in Germany, the assertion and exercise of their
    rights and discharge of their obligations therein, and emergency
    measures which he may consider essential for their protection or
    the accomplishment of his mission. The Commander may delegate the
    authority conferred upon him. If action by the Commander or any
    representative of the Commander, pursuant to the authority herein
    conferred, affects the foreign policy of the United States or
    involves relations or negotiations with non-military German
    authorities, such action shall be taken only after consultation
    with and agreement by the Chief of Mission or pursuant to
    procedures previously agreed to between the Chief of Mission and
    the Commander or his representative. Either the Chief of Mission or
    the Commander may raise with the other any question which he
    believes requires such consultation. If agreement is not reached
    between them, any differences may be referred to the Department of
    State and the Department of Defense for resolution.
      4. The Chief of Mission and the Commander or his designated
    representatives shall, to the fullest extent consistent with their
    respective missions, render assistance and support to each other in
    carrying out the agreements and policies of the United States.
      5. With regard to the custody, care, and execution of sentences
    and disposition (including pardon, clemency, parole, or release) of
    war criminals confined or hereafter to be confined in Germany as a
    result of conviction by military tribunals (A) the Chief of Mission
    shall share the four-power responsibility in the case of persons
    convicted by the International Military Tribunal, (B) the Chief of
    Mission shall exercise responsibility in the case of persons
    convicted by military tribunals established by the United States
    Military Governor pursuant to Control Council Law No. 10, and (C)
    the Commander shall exercise responsibility in the case of persons
    convicted by other military tribunals established by United States
    Military Commanders in Germany and elsewhere. The Commanders shall,
    on request of the Chief of Mission, take necessary measures for
    carrying into execution any sentences adjudged against such persons
    in category (B) as to whom the Chief of Mission has responsibility
    and control. Transfer of custody of persons in categories (B) and
    (C) to the Federal Republic of Germany as provided in the
    Convention on the Settlement of Matters Arising Out of the War and
    Occupation shall terminate the responsibility of the Chief of
    Mission and the Commander with respect to such persons to the
    extent that the responsibility of the United States for them is
    thereupon terminated pursuant to the provisions of the said
    Convention.
      6. If major differences arise over matters affecting the United
    States Forces in Germany, such differences may be referred to the
    Department of State and the Department of Defense for resolution.
      7. This order shall become effective on the date that the
    Convention on Relations between the Three Powers and the Federal
    Republic of Germany and related Conventions, as amended, come into
    force.

                         EXECUTIVE ORDER NO. 11970                     
      Ex. Ord. No. 11970, Feb. 5, 1977, 42 F.R. 7919, establishing the
    Presidential Advisory Board on Ambassadorial Appointments, was
    revoked by Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751.
      Term of the Presidential Advisory Board on Ambassadorial
    Appointments extended until Dec. 31, 1980, see Ex. Ord. No. 12110,
    Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under
    section 14 of the Appendix to Title 5, Government Organization and
    Employees.

-End-

-CITE-
    22 USC Sec. 3943                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3943. Appointments by the Secretary

-STATUTE-
      The Secretary may appoint the members of the Service (other than
    the members of the Service who are in the personnel categories
    specified in section 3942(a) of this title) in accordance with this
    chapter and such regulations as the Secretary may prescribe.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 303, Oct. 17, 1980, 94 Stat. 2085.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as
    amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-MISC1-
     PROHIBITION ON CERTAIN EMPLOYMENT AT UNITED STATES DIPLOMATIC AND
                 CONSULAR MISSIONS IN COMMUNIST COUNTRIES
      Pub. L. 100-204, title I, Sec. 157, Dec. 22, 1987, 101 Stat.
    1354, provided that:
      "(a) Prohibition. - After September 30, 1990, no national of a
    Communist country may be employed as a foreign national employee in
    any area of a United States diplomatic or consular facility in any
    Communist country where classified materials are maintained.
      "(b) Definition. - As used in this section, the term 'Communist
    country' means a country listed in section 620(f) of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2370(f)].
      "(c) Additional Funds for Hiring United States Citizens. - The
    Congress expresses its willingness to provide additional funds to
    the Department of State for the expenses of employing United States
    nationals to replace the individuals dismissed by reason of
    subsection (a).
      "(d) Report and Request for Funds. - As a part of the Department
    of State's authorization request for fiscal years 1990 and 1991,
    the Secretary of State, in consultation with the heads of all
    relevant agencies, shall submit - 
        "(1) a report, which shall include - 
          "(A) a feasibility study of the implementation of this
        section; and
          "(B) an analysis of the impact of the implementation of this
        section on the budget of the Department of State; and
        "(2) a request for funds necessary for the implementation of
      this section pursuant to the findings and conclusions specified
      in the report under paragraph (1).
      "(e) Waiver. - The President may waive this section - 
        "(1) if funds are not specifically authorized and appropriated
      to carry out this section; or
        "(2) the President determines that it is in the national
      security interest of the United States to continue to employ
      foreign service nationals.
    The President shall notify the appropriate committees of Congress
    each time he makes the waiver conferred on him by this section."

    SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS
                            IN THE SOVIET UNION
      Pub. L. 99-93, title I, Sec. 136, Aug. 16, 1985, 99 Stat. 421,
    provided that:
      "(a) Limitation. - To the maximum extent practicable, citizens of
    the Soviet Union shall not be employed as foreign national
    employees at United States diplomatic or consular missions in the
    Soviet Union after September 30, 1986.
      "(b) Report. - Should the President determine that the
    implementation of subsection (a) poses undue practical or
    administrative difficulties, he is requested to submit a report to
    the Congress describing the number and type of Soviet foreign
    national employees he wishes to retain at or in proximity to United
    States diplomatic and consular posts in the Soviet Union, the
    anticipated duration of their continued employment, the reasons for
    their continued employment, and the risks associated with the
    retention of these employees."

-EXEC-
      EMPLOYMENT OF SOVIET NATIONALS AT U.S. DIPLOMATIC AND CONSULAR
                         MISSIONS IN SOVIET UNION
      Determination of President of the United States, No. 92-4, Oct.
    24, 1991, 56 F.R. 56567, provided:
      Memorandum for the Secretary of State
      By the authority vested in me by the Constitution and laws of the
    United States, including section 301 of title 3 of the United
    States Code and section 136 of the Foreign Relations Authorization
    Act, Fiscal Years 1986 and 1987 (Public Law 99-93) ("the Act") [set
    out as a note above], I hereby determine that implementation of
    section 136(a) of the Act poses undue practical and administrative
    difficulties. Consistent with this determination, you are
    authorized to employ Soviet nationals in nonsensitive areas of the
    New Embassy Compound in Moscow under strict monitoring by cleared
    Americans. Further, I delegate to you the responsibility vested in
    me by section 136(b) of the Act to report to the Congress on
    circumstances relevant to this determination. Such responsibility
    may be redelegated within the Department of State.
      You are authorized and directed to report this determination to
    the Congress and to publish it in the Federal Register.
                                                            George Bush.

-End-

-CITE-
    22 USC Sec. 3944                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3944. Chiefs of Mission

-STATUTE-
    (a) Qualifications; preference for career members; political
      contributions as factor in appointment; demonstrated competency
      report
      (1) An individual appointed or assigned to be a chief of mission
    should possess clearly demonstrated competence to perform the
    duties of a chief of mission, including, to the maximum extent
    practicable, a useful knowledge of the principal language or
    dialect of the country in which the individual is to serve, and
    knowledge and understanding of the history, the culture, the
    economic and political institutions, and the interests of that
    country and its people.
      (2) Given the qualifications specified in paragraph (1),
    positions as chief of mission should normally be accorded to career
    members of the Service, though circumstances will warrant
    appointments from time to time of qualified individuals who are not
    career members of the Service.
      (3) Contributions to political campaigns should not be a factor
    in the appointment of an individual as a chief of mission.
      (4) The President shall provide the Committee on Foreign
    Relations of the Senate, with each nomination for an appointment as
    a chief of mission, a report on the demonstrated competence of that
    nominee to perform the duties of the position in which he or she is
    to serve.
    (b) Furnishing of information by Secretary; political campaign
      contributions report
      (1) In order to assist the President in selecting qualified
    candidates for appointment or assignment as chiefs of mission, the
    Secretary of State shall from time to time furnish the President
    with the names of career members of the Service who are qualified
    to serve as chiefs of mission, together with pertinent information
    about such members.
      (2) Each individual nominated by the President to be a chief of
    mission, ambassador at large, or minister shall, at the time of
    nomination, file with the Committee on Foreign Relations of the
    Senate and the Speaker of the House of Representatives a report of
    contributions made by such individual and by members of his or her
    immediate family during the period beginning on the first day of
    the fourth calendar year preceding the calendar year of the
    nomination and ending on the date of the nomination. The report
    shall be verified by the oath of the nominee, taken before any
    individual authorized to administer oaths. The chairman of the
    Committee on Foreign Relations of the Senate shall have each such
    report printed in the Congressional Record. As used in this
    paragraph, the term "contribution" has the same meaning given such
    term by section 431(8) of title 2, and the term "immediate family"
    means the spouse of the nominee, and any child, parent,
    grandparent, brother, or sister of the nominee and the spouses of
    any of them.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 304, Oct. 17, 1980, 94 Stat. 2085;
    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
    208(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-422.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c). Pub. L. 106-113 struck out subsec. (c) which
    read as follows: "Within 6 months after assuming the position, the
    chief of mission to a foreign country shall submit, to the
    Committee on Foreign Relations of the Senate and the Committee on
    Foreign Affairs of the House of Representatives, a report
    describing his or her own foreign language competence and the
    foreign language competence of the mission staff in the principal
    language or other dialect of that country."

-End-

-CITE-
    22 USC Sec. 3945                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3945. Senior Foreign Service

-STATUTE-
    (a) Salary class
      Appointment to the Senior Foreign Service shall be to a salary
    class established under section 3962 of this title, and not to a
    position.
    (b) Limited appointment
      An individual may not be given a limited appointment in the
    Senior Foreign Service if that appointment would cause the number
    of members of the Senior Foreign Service serving under limited
    appointments to exceed 5 percent of the total number of members of
    the Senior Foreign Service, except that (1) members of the Senior
    Foreign Service assigned to the Peace Corps shall be excluded in
    the calculation and application of this limitation, and (2) members
    of the Senior Foreign Service serving under limited appointments
    with reemployment rights under section 3950 of this title as career
    appointees in the Senior Executive Service shall be considered to
    be career members of the Senior Foreign Service for purposes of
    this subsection.
    (c) Appointments by Secretary of Commerce
      (1) Appointments to the Senior Foreign Service by the Secretary
    of Commerce shall be excluded in the calculation and application of
    the limitation in subsection (b) of this section.
      (2) Except as provided in paragraph (3), no more than one
    individual (other than an individual with reemployment rights under
    section 3950 of this title as a career appointee in the Senior
    Executive Service) may serve under a limited appointment in the
    Senior Foreign Service in the Department of Commerce at any time.
      (3) The Secretary of Commerce may appoint an individual to a
    limited appointment in the Senior Foreign Service for a specific
    position abroad if - 
        (A) no career member of the Service who has the necessary
      qualifications is available to serve in the position; and
        (B) the individual appointed has unique qualifications for the
      specific position.
    (d) Recertification process
      The Secretary shall by regulation establish a recertification
    process for members of the Senior Foreign Service that is
    equivalent to the recertification process for the Senior Executive
    Service under section 3393a of title 5.(!1)

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 305, Oct. 17, 1980, 94 Stat. 2086;
    Pub. L. 99-93, title I, Sec. 119(a), Aug. 16, 1985, 99 Stat. 412;
    Pub. L. 101-194, title V, Sec. 506(c)(1), Nov. 30, 1989, 103 Stat.
    1759; Pub. L. 101-280, Sec. 6(d)(3), May 4, 1990, 104 Stat. 160.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3393a of title 5, referred to in subsec. (d), was
    repealed by Pub. L. 107-296, title XIII, Sec. 1321(a)(1)(B), Nov.
    25, 2002, 116 Stat. 2296.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (d). Pub. L. 101-280 made technical correction to
    Pub. L. 101-194. See 1989 Amendment note below.
      1989 - Subsec. (d). Pub. L. 101-194, as amended by Pub. L. 101-
    280, added subsec. (d).
      1985 - Subsec. (c). Pub. L. 99-93 added subsec. (c).

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
    506(d) of Pub. L. 101-194, set out as a note under section 3151 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 119(c) of Pub. L. 99-93 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and
    provisions set out as a note under section 3901 of this title]
    shall take effect on October 1, 1985."

                              EFFECTIVE DATE                          
      Section effective Feb. 15, 1981, with an exception that
    appointments to the Senior Foreign Service by the Secretary of
    Commerce shall be excluded in the calculation and limitation in
    subsec. (b) of this section until Oct. 1, 1985, which was repealed
    by section 119(b) of Pub. L. 99-93, see section 2403 of Pub. L. 96-
    465, set out as a note under section 3901 of this title.

               PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL           
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    324], Nov. 29, 1999, 113 Stat. 1536, 1501A-437, required the
    Director General of the Foreign Service to submit a report on the
    first day of each fiscal quarter to the appropriate congressional
    committees containing the number of members of the Senior Foreign
    Service, the number of vacant positions designated for such
    members, and the number of those members not assigned to positions,
    prior to repeal by Pub. L. 107-228, div. A, title VI, Sec. 671(4),
    Sept. 30, 2002, 116 Stat. 1407.

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 3946                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3946. Career appointments

-STATUTE-
    (a) Trial period under limited appointment
      Before receiving a career appointment in the Service, an
    individual shall first serve under a limited appointment as a
    career candidate for a trial period of service prescribed by the
    Secretary. During such trial period of service, the Secretary shall
    decide whether - 
        (1) to offer a career appointment to the candidate under
      section 3943 of this title, or
        (2) to recommend to the President that the candidate be given a
      career appointment under section 3942 of this title.
    (b) Decisions by Secretary
      Decisions by the Secretary under subsection (a) of this section
    shall be based upon the recommendations of boards, established by
    the Secretary and composed entirely or primarily of career members
    of the Service, which shall evaluate the fitness and aptitude of
    career candidates for the work of the Service.
    (c) Foreign Service Grievance Board decisions
      Nothing in this section shall be construed to limit the authority
    of the Secretary or the Foreign Service Grievance Board under
    section 4137 of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 306, Oct. 17, 1980, 94 Stat. 2086;
    Pub. L. 100-204, title I, Sec. 181(c), Dec. 22, 1987, 101 Stat.
    1363.)

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (c). Pub. L. 100-204 added subsec. (c).

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 181(e) of Pub. L. 100-204 provided that: "The amendments
    made by this section [amending this section and sections 4010 and
    4137 of this title] shall not apply with respect to any grievance
    in which the Board has issued a final decision pursuant to section
    1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) before the
    date of enactment of this Act [Dec. 22, 1987]."

-End-

-CITE-
    22 USC Sec. 3947                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3947. Entry levels for Foreign Service officer candidates

-STATUTE-
      A career candidate for appointment as a Foreign Service officer
    may not be initially assigned under section 3964 of this title to a
    salary class higher than class 4 in the Foreign Service Schedule
    unless - 
        (1) the Secretary determines in an individual case that
      assignment to a higher salary class is warranted because of the
      qualifications (including foreign language competence) and
      experience of the candidate and the needs of the Service; or
        (2) at the time such initial assignment is made, the candidate
      is serving under a career appointment in the Service and is
      receiving a salary at a rate equal to or higher than the minimum
      rate payable for class 4 in the Foreign Service Schedule.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 307, Oct. 17, 1980, 94 Stat. 2086.)

-End-

-CITE-
    22 USC Sec. 3948                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3948. Recall and reappointment of career members

-STATUTE-
    (a) Retired career members
      Whenever the Secretary determines that the needs of the Service
    so require, the Secretary may recall any retired career member of
    the Service for active duty in the same personnel category as that
    member was serving at the time of retirement. A retired career
    member may be recalled under this section to any appropriate salary
    class or rate, except that a retired career member of the Senior
    Foreign Service may not be recalled to a salary class higher than
    the one in which the member was serving at the time of retirement
    unless appointed to such higher class by the President, by and with
    the advice and consent of the Senate.
    (b) Former career members
      Former career members of the Service may be reappointed under
    section 3942(a)(1) or 3943 of this title, without regard to section
    3946 of this title, in a salary class which is appropriate in light
    of the qualifications and experience of the individual being
    reappointed.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 308, Oct. 17, 1980, 94 Stat. 2086.)

-MISC1-
                          USAID OVERSEAS PROGRAM                      
      Pub. L. 109-102, title V, Sec. 577, Nov. 14, 2005, 119 Stat.
    2231, provided that:
      "(a) Authority. - Up to $75,000,000 of the funds made available
    in this Act [see Tables for classification] to carry out the
    provisions of part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.], including funds appropriated under the
    heading 'Assistance for Eastern Europe and the Baltic States', may
    be used by the United States Agency for International Development
    (USAID) to hire and employ individuals in the United States and
    overseas on a limited appointment basis pursuant to the authority
    of sections 308 and 309 of the Foreign Service Act of 1980 [22
    U.S.C. 3948, 3949].
      "(b) Restrictions. - 
        "(1) The number of individuals hired in any fiscal year
      pursuant to the authority contained in subsection (a) may not
      exceed 175.
        "(2) The authority to hire individuals contained in subsection
      (a) shall expire on September 30, 2008.
      "(c) Conditions. - The authority of subsection (a) may only be
    used to the extent that an equivalent number of positions that are
    filled by personal services contractors or other nondirect-hire
    employees of USAID, who are compensated with funds appropriated to
    carry out part I of the Foreign Assistance Act of 1961 [22 U.S.C.
    2151 et seq.], including funds appropriated under the heading
    'Assistance for Eastern Europe and the Baltic States', are
    eliminated.
      "(d) Priority Sectors. - In exercising the authority of this
    section, primary emphasis shall be placed on enabling USAID to meet
    personnel positions in technical skill areas currently encumbered
    by contractor or other nondirect-hire personnel.
      "(e) Consultations. - The USAID Administrator shall consult with
    the Committees on Appropriations at least on a quarterly basis
    concerning the implementation of this section.
      "(f) Program Account Charged. - The account charged for the cost
    of an individual hired and employed under the authority of this
    section shall be the account to which such individual's
    responsibilities primarily relate. Funds made available to carry
    out this section may be transferred to and merged and consolidated
    with funds appropriated for 'Operating Expenses of the United
    States Agency for International Development'.
      "(g) Management Reform Pilot. - Of the funds made available in
    subsection (a), USAID may use, in addition to funds otherwise
    available for such purposes, up to $10,000,000 to fund overseas
    support costs of members of the Foreign Service with a Foreign
    Service rank of four or below: Provided, That such authority is
    only used to reduce USAID's reliance on overseas personal services
    contractors or other nondirect-hire employees compensated with
    funds appropriated to carry out part I of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2151 et seq.], including funds appropriated
    under the heading 'Assistance for Eastern Europe and the Baltic
    States'.
      "(h) Disaster Surge Capacity. - Funds appropriated by this Act to
    carry out part I of the Foreign Assistance Act of 1961 [22 U.S.C.
    2151 et seq.], including funds appropriated under the heading
    'Assistance for Eastern Europe and the Baltic States', may be used,
    in addition to funds otherwise available for such purposes, for the
    cost (including the support costs) of individuals detailed to or
    employed by the United States Agency for International Development
    whose primary responsibility is to carry out programs in response
    to natural disasters."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 108-447, div. D, title V, Sec. 588, Dec. 8, 2004, 118
    Stat. 3034.
      Pub. L. 108-199, div. D, title V, Sec. 525, Jan. 23, 2004, 118
    Stat. 176, provided that: "Funds appropriated by this and
    subsequent appropriations Acts to carry out the provisions of part
    I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.],
    including funds appropriated under the heading 'Assistance for
    Eastern Europe and the Baltic States', may be made available to
    employ individuals overseas on a limited appointment basis pursuant
    to the authority of sections 308 and 309 of the Foreign Service Act
    of 1980 [22 U.S.C. 3948, 3949]: Provided, That in fiscal years
    2004, 2005, and 2006 the authority of this section may be used to
    hire not more than 85 individuals in each such year."

-End-

-CITE-
    22 USC Sec. 3949                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3949. Limited appointments

-STATUTE-
      (a) A limited appointment in the Service, including an
    appointment of an individual who is an employee of an agency, may
    not exceed 5 years in duration and, except as provided in
    subsection (b) of this section, may not be extended or renewed. A
    limited appointment in the Service which is limited by its terms to
    a period of one year or less is a temporary appointment.
      (b) A limited appointment may be extended for continued service -
    
        (1) as a consular agent;
        (2) in accordance with section 3951(a) of this title;
        (3) as a career candidate, if continued service is determined
      appropriate to remedy a matter that would be cognizable as a
      grievance under subchapter XI of this chapter;
        (4) as a career employee in another Federal personnel system
      serving in a Foreign Service position on detail from another
      agency; and
        (5) as a foreign national employee.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 309, Oct. 17, 1980, 94 Stat. 2086;
    Pub. L. 100-204, title I, Sec. 176, Dec. 22, 1987, 101 Stat. 1361;
    Pub. L. 103-236, title I, Sec. 180(a)(1), Apr. 30, 1994, 108 Stat.
    415; Pub. L. 103-415, Sec. 1(hh), Oct. 25, 1994, 108 Stat. 4303.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(5). Pub. L. 103-236, as amended by Pub. L. 103-
    415, added par. (5).
      1987 - Pub. L. 100-204 designated existing provisions as subsec.
    (a), substituted "subsection (b) of this section" for "section
    3951(a) of this title", and added subsec. (b).

-End-

-CITE-
    22 USC Sec. 3950                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3950. Reemployment rights following limited appointment

-STATUTE-
      Any employee of an agency who accepts a limited appointment in
    the Service with the consent of the head of the agency in which the
    employee is employed shall be entitled, upon the termination of
    such limited appointment, to be reemployed in accordance with
    section 3597 of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 310, Oct. 17, 1980, 94 Stat. 2087.)

-MISC1-
       ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED
                  STATES; SERVICE EXCEEDING THIRTY MONTHS
      Persons appointed, employed, or assigned after May 19, 1959,
    under former section 1787(c) of this title or section 2385(d) of
    this title for the purpose of performing functions under the Mutual
    Security Act of 1954 (see Short Title note set out under section
    1754 of this title) and the Foreign Assistance Act of 1961 (section
    2151 et seq. of this title) outside the United States shall not,
    unless otherwise agreed by the agency in which such benefits may be
    exercised, be entitled to the benefits provided for by this section
    in cases in which their service under the appointment, employment,
    or assignment exceeds thirty months. See Ex. Ord. No. 12163, Sec. 1-
    602(b), Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a
    note under section 2381 of this title.

-End-

-CITE-
    22 USC Sec. 3951                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3951. United States citizens hired abroad

-STATUTE-
    (a) Appointment of family members
      The Secretary, under section 3943 of this title, may appoint
    United States citizens, who are family members of government
    employees assigned abroad or are hired for service at their post of
    residence, for employment in positions customarily filled by
    Foreign Service officers, Foreign Service personnel, and foreign
    national employees.
    (b) Family nexus as affirmative hiring factor
      The fact that an applicant for employment in a position referred
    to in subsection (a) of this section is a family member of a
    Government employee assigned abroad shall be considered an
    affirmative factor in employing such person.
    (c) Compensation of family and non-family member employees
      (1) Non-family members employed under this section for service at
    their post of residence shall be paid in accordance with local
    compensation plans established under section 3968 of this title.
      (2) Family members employed under this section shall be paid in
    accordance with the Foreign Service Schedule or the salary rates
    established under section 3967 of this title.
      (3) In exceptional circumstances, non-family members may be paid
    in accordance with the Foreign Service Schedule or the salary rates
    established under section 3967 of this title, if the Secretary
    determines that the national interest would be served by such
    payments.
    (d) Non-family member employees ineligible for certain benefits
      Nonfamily member United States citizens employed under this
    section shall not be eligible by reason of such employment for
    benefits under subchapter VIII of this chapter, or under chapters
    (!1) 83 or 84 of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 311, Oct. 17, 1980, 94 Stat. 2087;
    Pub. L. 103-236, title I, Sec. 180(a)(2), Apr. 30, 1994, 108 Stat.
    415; Pub. L. 103-415, Sec. 1(h)(1), Oct. 25, 1994, 108 Stat. 4300.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-415 substituted "United States citizens hired
    abroad" for "Employment of family members of Government employees"
    as section catchline and inserted "by reason of such employment"
    after "eligible" in subsec. (d).
      Pub. L. 103-236 amended section generally. Prior to amendment,
    section read as follows:
      "(a) The Secretary, when employing individuals abroad in
    positions to which career members of the Service are not
    customarily assigned (including, when continuity over a long term
    is not a significant consideration, vacant positions normally
    filled by foreign national employees), shall give equal
    consideration to employing available qualified family members of
    members of the Service or of other Government employees assigned
    abroad. Family members so employed shall serve under renewable
    limited appointments in the Service and may be paid either in
    accordance with the Foreign Service Schedule or a local
    compensation plan established under section 3968 of this title.
      "(b) Employment of family members in accordance with this section
    may not be used to avoid fulfilling the need for full-time career
    positions."

-FOOTNOTE-
    (!1) So in original. Probably should be "chapter".

-End-

-CITE-
    22 USC Sec. 3952                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER III - APPOINTMENTS

-HEAD-
    Sec. 3952. Diplomatic and consular missions

-STATUTE-
    (a) Recommendations by Secretary of State; appointment by
      President; vice consul; performance of official functions under
      commission
      The Secretary of State may recommend to the President that a
    member of the Service who is a citizen of the United States be
    commissioned as a diplomatic or consular officer or both. The
    President may, by and with the advice and consent of the Senate,
    commission such member of the Service as a diplomatic or consular
    officer or both. The Secretary of State may commission as a vice
    consul a member of the Service who is a citizen of the United
    States. All official functions performed by a diplomatic or
    consular officer, including a vice consul, shall be performed under
    such a commission.
    (b) Function of commissioned Service members
      Members of the Service commissioned under this section may, in
    accordance with their commissions, perform any function which any
    category of diplomatic officer (other than a chief of mission) or
    consular officer is authorized by law to perform.
    (c) Limits of consular districts
      The Secretary of State shall define the limits of consular
    districts.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 312, Oct. 17, 1980, 94 Stat. 2087.)

-End-

-CITE-
    22 USC SUBCHAPTER IV - COMPENSATION                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
                       SUBCHAPTER IV - COMPENSATION                   

-End-

-CITE-
    22 USC Sec. 3961                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3961. Salaries of chiefs of mission

-STATUTE-
      (a) Except as provided in section 3942(b) of this title, each
    chief of mission shall receive a salary, as determined by the
    President, at one of the annual rates payable for levels II through
    V of the Executive Schedule under sections 5313 through 5316 of
    title 5, except that the total compensation, exclusive of danger
    pay, for any chief of mission shall be subject to the limitation on
    certain payments under section 5307 of title 5 or the limitation
    under section 3962(a)(3) of this title, whichever is higher.
      (b) The salary of a chief of mission shall commence upon the
    effective date of appointment to that position. The official
    services of a chief of mission are not terminated by the
    appointment of a successor, but shall continue for such additional
    period, not to exceed 50 days after relinquishment of charge of the
    mission, as the Secretary of State may determine. During that
    period, the Secretary of State may require the chief of mission to
    perform such functions as the Secretary of State deems necessary in
    the interest of the Government.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 401, Oct. 17, 1980, 94 Stat. 2087;
    Pub. L. 100-204, title I, Sec. 177(a), Dec. 22, 1987, 101 Stat.
    1362; Pub. L. 102-138, title I, Sec. 142(b), Oct. 28, 1991, 105
    Stat. 668; Pub. L. 108-447, div. B, title IV, Sec. 412(c), Dec. 8,
    2004, 118 Stat. 2905.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-447, which directed the
    substitution of "shall be subject to the limitation on certain
    payments under section 5307 of title 5 or the limitation under
    section 3962(a)(3) of this title, whichever is higher" for "shall
    not exceed the annual rate of pay payable for level I of such
    Executive Schedule", was executed by making the substitution for
    "shall not exceed the annual rate payable for level I of such
    Executive Schedule" to reflect the probable intent of Congress.
      1991 - Subsec. (a). Pub. L. 102-138 substituted "Except as
    provided in section 3942(b) of this title, each" for "Each" and
    "level I of such" for "level II of such".
      1987 - Subsec. (a). Pub. L. 100-204 substituted "Each chief" for
    "Except as provided in section 3942(b) of this title, each chief",
    and inserted before period at end ", except that the total
    compensation, exclusive of danger pay, for any chief of mission
    shall not exceed the annual rate payable for level II of such
    Executive Schedule".

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-204 not applicable to salary of any
    individual serving under Presidential appointment under section
    3942 of this title immediately before Dec. 22, 1987, during the
    period such individual continues to serve in such position, see
    section 177(c) of Pub. L. 100-204, set out as a note under section
    3942 of this title.

-End-

-CITE-
    22 USC Sec. 3962                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3962. Salaries of Senior Foreign Service members

-STATUTE-
    (a) Prescription by President; basic salary rates; adjustments;
      determinations by Secretary
      (1) The President shall prescribe salary classes for the Senior
    Foreign Service and shall prescribe an appropriate title for each
    class. The President shall also prescribe ranges of basic salary
    rates for each class. Except as provided in paragraph (3), basic
    salary rates for the Senior Foreign Service may not exceed the
    maximum rate or be less than the minimum rate of basic pay payable
    for the Senior Executive Service under section 5382 of title 5.
      (2) The Secretary shall determine which basic salary rate within
    the ranges prescribed by the President under paragraph (1) shall be
    paid to each member of the Senior Foreign Service based on
    individual performance, contribution to the mission of the
    Department, or both, as determined under a rigorous performance
    management system. Except as provided in regulations prescribed by
    the Secretary and, to the extent possible, consistent with
    regulations governing the Senior Executive Service, the Secretary
    may adjust the basic salary rate of a member of the Senior Foreign
    Service not more than once during any 12-month period.
      (3) Upon a determination by the Secretary that the Senior Foreign
    Service performance appraisal system, as designed and applied,
    makes meaningful distinctions based on relative performance - 
        (A) the maximum rate of basic pay payable for the Senior
      Foreign Service shall be level II of the Executive Schedule; and
        (B) the applicable aggregate pay cap shall be equivalent to the
      aggregate pay cap set forth in section 5307(d)(1) of title 5 for
      members of the Senior Executive Service.
    (b) Career appointees in Senior Executive Service accepting limited
      appointment in Senior Foreign Service; adjustment
      (1) An individual who is a career appointee in the Senior
    Executive Service receiving basic pay at one of the rates payable
    under section 5382 of title 5 and who accepts a limited appointment
    in the Senior Foreign Service in a salary class for which the basic
    salary rate is less than such basic rate of pay, shall be paid a
    salary at his or her former basic rate of pay (with adjustments as
    provided in paragraph (2)) until the salary for his or her salary
    class in the Senior Foreign Service equals or exceeds the salary
    payable to such individual under this subsection.
      (2) The salary paid to an individual under this subsection shall
    be adjusted by 50 percent of each adjustment, which takes effect
    after the appointment of such individual to the Senior Foreign
    Service, in the basic rate of pay at which that individual was paid
    under section 5382 of title 5 immediately prior to such
    appointment.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 402, Oct. 17, 1980, 94 Stat. 2087;
    Pub. L. 97-241, title I, Sec. 124, Aug. 24, 1982, 96 Stat. 281;
    Pub. L. 108-447, div. B, title IV, Sec. 412(a), Dec. 8, 2004, 118
    Stat. 2905.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level II of the Executive Schedule, referred to in subsec.
    (a)(3)(A), is set out in section 5313 of Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-447, Sec. 412(a)(1),
    substituted "The President shall also prescribe ranges of basic
    salary rates for each class. Except as provided in paragraph (3),
    basic salary rates for the Senior Foreign Service may not exceed
    the maximum rate or be less than the minimum rate of basic pay
    payable for the Senior Executive Service under section 5382 of
    title 5." for "The President shall also prescribe one or more basic
    salary rates for each class. Basic salary rates for the Senior
    Foreign Service may not exceed the maximum rate or be less than the
    minimum rate of basic pay payable for the Senior Executive Service
    under section 5382 of title 5, and shall be adjusted at the same
    time and in the same manner as rates of basic pay are adjusted for
    the Senior Executive Service."
      Subsec. (a)(2), (3). Pub. L. 108-447, Sec. 412(a)(2), added pars.
    (2) and (3) and struck out former par. (2) which read as follows:
    "The Secretary shall determine which of the basic salary rates
    prescribed by the President under paragraph (1) for any salary
    class shall be paid to each member of the Senior Foreign Service
    who is appointed to that class. The Secretary may adjust the basic
    salary rate of a member of the Senior Foreign Service not more than
    once during any 12-month period."
      1982 - Subsec. (a). Pub. L. 97-241 designated existing provisions
    as par. (1), inserted provision authorizing the President to
    prescribe one or more basic salary rates for each class, and added
    par. (2).

                              EFFECTIVE DATE                          
      Section effective Feb. 15, 1981, except that subsec. (a), for
    purposes of implementing section 4151 of this title, is effective
    Oct. 17, 1980, see section 2403(a) and (d)(2) of Pub. L. 96-465,
    set out as an Effective Date note under section 3901 of this title.

      ESTABLISHMENT OF SALARY CLASSES WITH TITLES FOR SENIOR FOREIGN
                                  SERVICE
      For establishment of salary classes with titles for the Senior
    Foreign Service, at basic rates of pay equivalent to that
    established from time to time for the Senior Executive Service
    under section 5382 of Title 5, Government Organization and
    Employees, see section 4 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, set out as a note under section 3901 of this title.

-End-

-CITE-
    22 USC Sec. 3963                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3963. Foreign Service Schedule

-STATUTE-
      The President shall establish a Foreign Service Schedule which
    shall consist of 9 salary classes and which shall apply to members
    of the Service who are citizens of the United States and for whom
    salary rates are not otherwise provided for by this subchapter. The
    maximum salary rate for the highest class established under this
    section, which shall be designated class 1, may not exceed the
    maximum rate of basic pay prescribed for GS-15 of the General
    Schedule under section 5332 of title 5. Salary rates established
    under this section shall be adjusted in accordance with section
    5303 of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 403, Oct. 17, 1980, 94 Stat. 2088;
    Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(1)], Nov.
    5, 1990, 104 Stat. 1427, 1439.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-509 substituted "section 5303" for "subchapter
    I of chapter 53".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on such date as the
    President shall determine, but not earlier than 90 days, and not
    later than 180 days, after Nov. 5, 1990, see section 529 [title I,
    Sec. 305] of Pub. L. 101-509, set out as a note under section 5301
    of Title 5, Government Organization and Employees.

                              EFFECTIVE DATE                          
      Section effective Feb. 15, 1981, except that for purposes of
    implementing section 4151 of this title it is effective Oct. 17,
    1980, see section 2403(a) and (d)(2) of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of this title.

-EXEC-
                         EXECUTIVE ORDER NO. 12249                     
      Ex. Ord. No. 12249, Oct. 25, 1980, 45 F.R. 71347, which provided
    for a Foreign Service Schedule, was superseded by Ex. Ord. No.
    12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note
    under section 5332 of Title 5, Government Organization and
    Employees.

-MISC2-
                  ADJUSTMENT OF FOREIGN SERVICE SCHEDULE              
      For adjustment of Foreign Service Schedule pay rates under this
    section, see the executive order detailing the adjustment of
    certain rates of pay set out as a note under section 5332 of Title
    5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 3964                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3964. Assignments to salary class

-STATUTE-
      (a) The Secretary shall assign all Foreign Service officers and
    Foreign Service personnel (other than Foreign Service personnel who
    are paid in accordance with section 3967 of this title or section
    3968 of this title) to appropriate salary classes in the Foreign
    Service Schedule.
      (b)(1) The salary class to which a member of the Service is
    assigned under this section shall not be affected by the assignment
    of the member to a position classified under subchapter V of this
    chapter.
      (2) Except as authorized by subchapter I of chapter 35 of title
    5, changes in the salary class of a member of the Senior Foreign
    Service or a member of the Service assigned to a salary class in
    the Foreign Service Schedule shall be made only in accordance with
    subchapter VI of this chapter. The Secretary shall prescribe
    regulations (which shall be consistent with the relevant provisions
    of subchapter VI of chapter 53 of title 5 and with the regulations
    prescribed to carry out such provisions) providing for retention of
    pay by members of the Service in cases in which reduction-in-force
    procedures are applied.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 404, Oct. 17, 1980, 94 Stat. 2088;
    Pub. L. 103-236, title I, Sec. 180(a)(3), Apr. 30, 1994, 108 Stat.
    415.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-236 struck out "who are family
    members of Government employees paid in accordance with a local
    compensation plan established under" after "section 3967 of this
    title or".

-End-

-CITE-
    22 USC Sec. 3965                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3965. Performance pay

-STATUTE-
    (a) Eligibility; additional lump sum payment; excessive
      compensation not precluding award
      Subject to subsection (e) of this section, members of the Senior
    Foreign Service who are serving - 
        (1) under career or career candidate appointments, or
        (2) under limited appointments with reemployment rights under
      section 3950 of this title as career appointees in the Senior
      Executive Service,

    shall be eligible to compete for performance pay in accordance with
    this section. Performance pay shall be paid in a lump sum and shall
    be in addition to the basic salary prescribed under section 3962 of
    this title and any other award. The fact that a member of the
    Senior Foreign Service competing for performance pay would, as a
    result of the payment of such performance pay, receive compensation
    exceeding the compensation of any other member of the Service shall
    not preclude the award or its payment.
    (b) Criteria; limitations
      Awards of performance pay shall take into account the criteria
    established by the Office of Personnel Management for performance
    awards under section 5384 of title 5 and rank awards under section
    4507 of title 5. Awards of performance pay under this section shall
    be subject to the following limitations:
        (1) Not more than 33 percent of the members of the Senior
      Foreign Service may receive performance pay in any fiscal year.
        (2) Except as provided in paragraph (3), performance pay for a
      member of the Senior Foreign Service may not exceed 20 percent of
      the annual rate of basic salary for that member.
        (3) Not more than 6 percent of the members of the Senior
      Foreign Service may receive performance pay in any fiscal year in
      an amount which exceeds the percentage limitation specified in
      paragraph (2). Payments under this paragraph to a member of the
      Senior Foreign Service may not exceed, in any fiscal year, the
      percentage of basic pay established under section 4507(e)(1) of
      title 5 for a Meritorious Executive, except that payments of the
      percentage of the basic pay established under section 4507(e)(2)
      of such title for Distinguished Executives may be made in any
      fiscal year to up to 1 percent of the members of the Senior
      Foreign Service.
        (4) Any award under this section shall be subject to the
      limitation on certain payments under section 5307 of title 5, or
      the limitation under section 3962(a)(3) of this title, whichever
      is higher.
        (5) The Secretary of State shall prescribe regulations,
      consistent with section 5582 of title 5, under which payment
      under this section shall be made in the case of any individual
      whose death precludes payment under paragraph (4) of this
      subsection.
    (c) Determination of amount by Secretary; distribution on basis of
      selection board recommendations
      The Secretary shall determine the amount of performance pay
    available under subsection (b)(2) of this section each year for
    distribution among the members of the Senior Foreign Service and
    shall distribute performance pay to particular individuals on the
    basis of recommendations by selection boards established under
    section 4002 of this title.
    (d) Recommendations for meritorious or distinguished service awards
      The President may grant awards of performance pay under
    subsection (b)(3) of this section on the basis of annual
    recommendations by the Secretary of State of members of the Senior
    Foreign Service who are nominated by their agencies as having
    performed especially meritorious or distinguished service. Such
    service in the promotion of internationally recognized human
    rights, including the right to freedom of religion, shall serve as
    a basis for granting awards under this section. Recommendations by
    the Secretary of State under this subsection shall be made on the
    basis of recommendations by special interagency selection boards
    established by the Secretary of State for the purpose of reviewing
    and evaluating the nominations of agencies.
    (e) Recognition in lieu of award
      Notwithstanding any other provision of law, the Secretary of
    State may provide for recognition of the meritorious or
    distinguished service of any member of the Foreign Service
    described in subsection (a) of this section (including any member
    of the Senior Foreign Service) by means other than an award of
    performance pay in lieu of making such an award under this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 405, Oct. 17, 1980, 94 Stat. 2088;
    Pub. L. 100-204, title I, Sec. 175(b), Dec. 22, 1987, 101 Stat.
    1361; Pub. L. 103-236, title I, Sec. 173(d), Apr. 30, 1994, 108
    Stat. 412; Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec.
    2311(a), Oct. 21, 1998, 112 Stat. 2681-826; Pub. L. 105-292, title
    V, Sec. 504(a), Oct. 27, 1998, 112 Stat. 2811; Pub. L. 106-113,
    div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 323], Nov. 29,
    1999, 113 Stat. 1536, 1501A-437; Pub. L. 107-228, div. A, title
    III, Sec. 312(a), Sept. 30, 2002, 116 Stat. 1378; Pub. L. 108-447,
    div. B, title IV, Sec. 412(b), Dec. 8, 2004, 118 Stat. 2905.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(4). Pub. L. 108-447 inserted ", or the
    limitation under section 3962(a)(3) of this title, whichever is
    higher" before period at end.
      2002 - Subsec. (b)(3). Pub. L. 107-228 inserted second sentence
    and struck out former second sentence which read as follows:
    "Payments under this paragraph to a member of the Senior Foreign
    Service may not exceed $10,000 in any fiscal year, except that
    payments of up to $20,000 in any fiscal year may be made under this
    paragraph to up to 1 percent of the members of the Senior Foreign
    Service."
      1999 - Subsec. (b)(1). Pub. L. 106-113 substituted "33" for "50".
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 2311(a)(1), substituted
    "Subject to subsection (e) of this section, members" for "Members"
    in introductory provisions.
      Subsec. (d). Pub. L. 105-292 inserted "Such service in the
    promotion of internationally recognized human rights, including the
    right to freedom of religion, shall serve as a basis for granting
    awards under this section." after first sentence.
      Subsec. (e). Pub. L. 105-277, Sec. 2311(a)(2), added subsec. (e).
      1994 - Subsec. (b)(4). Pub. L. 103-236 amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The total
    amount of basic salary plus performance pay received in any fiscal
    year by any member of the Senior Foreign Service may not exceed the
    salary payable for level I of the Executive Schedule under section
    5312 of title 5 as in effect at the end of that fiscal year. Any
    amount which is not paid to a member of the Senior Foreign Service
    during a fiscal year because of this limitation shall be paid to
    that individual in a lump sum at the beginning of the following
    fiscal year. Any amount paid under this authority during a fiscal
    year shall be taken into account for purposes of applying the
    limitation in the first sentence of this subparagraph with respect
    to such fiscal year."
      1987 - Subsec. (b)(4), (5). Pub. L. 100-204 inserted at end of
    par. (4) "Any amount which is not paid to a member of the Senior
    Foreign Service during a fiscal year because of this limitation
    shall be paid to that individual in a lump sum at the beginning of
    the following fiscal year. Any amount paid under this authority
    during a fiscal year shall be taken into account for purposes of
    applying the limitation in the first sentence of this subparagraph
    with respect to such fiscal year." and added par. (5).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-228, div. A, title III, Sec. 312(b), Sept. 30, 2002,
    116 Stat. 1378, provided that: "The amendment made by subsection
    (a) [amending this section] shall take effect October 1, 2002."

                  SENIOR FOREIGN SERVICE PERFORMANCE PAY              
      Section 173(a)-(c) of Pub. L. 103-236, as amended by Pub. L. 103-
    415, Sec. 1(gg), Oct. 25, 1994, 108 Stat. 4303, provided that:
      "(a) Prohibition on Awards. - Notwithstanding any other provision
    of law, the Secretary of State may not award or pay performance
    payments for fiscal years 1994 and 1995 under section 405 of the
    Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary
    awards or pays performance awards to other Federal employees for
    such fiscal years.
      "(b) Awards in Subsequent Fiscal Years. - The Secretary may not
    make a performance award or payment in any fiscal year after a
    fiscal year referred to in subsection (a) for the purpose of
    providing an individual with a performance award or payment to
    which the individual would otherwise have been entitled in a fiscal
    year referred to in such subsection but for the prohibition
    described in such subsection.
      "(c) Application to USIA, AID, and ACDA. - Subsections (a) and
    (b) shall apply to the United States Information Agency, the Agency
    for International Development, and the United States Arms Control
    and Disarmament Agency in the same manner as such subsections apply
    to the Department of State, except that the Director of the United
    States Information Agency, the Administrator of the Agency for
    International Development, and the Director of the United States
    Arms Control and Disarmament Agency shall be subject to the
    limitations and authority of the Secretary of State under
    subsections (a) and (b) for their respective agencies."
      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of this title, and for
    abolition, transfer of functions, and treatment of references to
    United States Arms Control and Disarmament Agency, see section 6511
    et seq. of this title.]

                    REVIEW OF PERFORMANCE PAY PROGRAMS                
      Section 175(a) of Pub. L. 100-204 provided that:
      "(1) Suspension of awards during review. - During the period
    beginning on the date of enactment of this Act [Dec. 22, 1987], and
    ending on the date on which the Inspector General of the Department
    of State reports to the Congress pursuant to paragraph (2),
    performance pay may not be awarded under section 405 of the Foreign
    Service Act of 1980 (22 U.S.C. 3965) to any member of the Senior
    Foreign Service in the Department of State.
      "(2) Review by inspector general. - The Inspector General of the
    Department of State shall conduct a complete and thorough review of
    - 
        "(A) the procedures in the Department of State under which
      performance pay recipients are chosen to determine whether the
      procedures and award determinations are free from bias and
      reflect fair standards; and
        "(B) the adequacy of the criteria and the equity of the
      criteria actually applied in making those awards.
    The review should be conducted in accordance with generally
    accepted Government auditing standards. The Inspector General shall
    report the results of this review to the Secretary of State and to
    the Congress no later than May 1, 1988.
      "(3) Report by secretary of state. - No later than 60 days after
    the report of the Inspector General is submitted to the Secretary
    of State under paragraph (2), the Secretary shall submit to the
    Congress a report containing the comments of the Secretary on the
    report of the Inspector General and describing the actions taken
    and proposed to be taken by the Secretary as a result of the
    report."

-End-

-CITE-
    22 USC Sec. 3966                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3966. Within-class salary increases

-STATUTE-
    (a) Time period; limitation
      Any member of the Service receiving a salary under the Foreign
    Service Schedule shall be advanced to the next higher salary step
    in the member's class at the beginning of the first applicable pay
    period following the completion by that member of a period of - 
        (1) 52 calendar weeks of service in each of salary steps 1
      through 9, and
        (2) 104 calendar weeks of service in each of salary steps 10
      through 13,

    unless the performance of the member during that period is found in
    a review by a selection board established under section 4002 of
    this title to fall below the standards of performance for his or
    her salary class.
    (b) Additional increase for meritorious service
      The Secretary may grant, on the basis of especially meritorious
    service, to any member of the Service receiving an increase in
    salary under subsection (a) of this section, an additional salary
    increase to any higher step in the salary class in which the member
    is serving.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 406, Oct. 17, 1980, 94 Stat. 2089.)

-End-

-CITE-
    22 USC Sec. 3967                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3967. Salaries for Foreign Service personnel abroad who
      perform routine duties

-STATUTE-
      (a) The Secretary may establish salary rates at rates lower than
    those established for the Foreign Service Schedule for the Foreign
    Service personnel described in subsection (b) of this section. The
    rates established under this subsection may be no less than the
    then applicable minimum wage rate specified in section 206(a)(1) of
    title 29.
      (b) The Secretary may pay Foreign Service personnel who are
    recruited abroad, who are not available or are not qualified for
    assignment to another Foreign Service post, and who perform duties
    of a more routine nature than are generally performed by Foreign
    Service personnel assigned to class 9 in the Foreign Service
    Schedule, in accordance with the salary rates established under
    subsection (a) of this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 407, Oct. 17, 1980, 94 Stat. 2090.)

-End-

-CITE-
    22 USC Sec. 3968                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3968. Local compensation plans

-STATUTE-
    (a) Establishment; rates of pay; leaves of absence; supplemental
      payments; transfer from Civil Service Retirement and Disability
      Fund
      (1) The Secretary shall establish compensation (including
    position classification) plans for foreign national employees of
    the Service and United States citizens employed under section
    3951(c)(1) of this title. To the extent consistent with the public
    interest, each compensation plan shall be based upon prevailing
    wage rates and compensation practices (including participation in
    local social security plans) for corresponding types of positions
    in the locality of employment, except that such compensation plans
    shall provide for payment of wages to United States citizens at a
    rate which is no less than the then applicable minimum wage rate
    specified in section 206(a)(1) of title 29. Any compensation plan
    established under this section may include provision for (A) leaves
    of absence with pay for employees in accordance with prevailing law
    and employment practices in the locality of employment without
    regard to any limitation contained in section 6310 of title 5, (B)
    programs for voluntary transfers of such leave and voluntary leave
    banks, which shall, to the extent practicable, be established in a
    manner consistent with the provisions of subchapters III and IV,
    respectively, of chapter 63 of title 5, and (C) payments by the
    Government and employees to (i) a trust or other fund in a
    financial institution in order to finance future benefits for
    employees, including provision for retention in the fund of
    accumulated interest and dividends for the benefit of covered
    employees; or (ii) a Foreign Service National Savings Fund
    established in the Treasury of the United States, which (I) shall
    be administered by the Secretary, at whose direction the Secretary
    of the Treasury shall invest amounts not required for the current
    needs of the Fund; and (II) shall be public monies, which are
    authorized to be appropriated and remain available without fiscal
    year limitation to pay benefits, to be invested in public debt
    obligations bearing interest at rates determined by the Secretary
    of the Treasury taking into consideration current average market
    yields on outstanding marketable obligations of the United States
    of comparable maturity, and to pay administrative expenses. For
    United States citizens under a compensation plan, the Secretary
    shall define those allowances and benefits provided under United
    States law which shall be included as part of the total
    compensation package, notwithstanding any other provision of law,
    except that this section shall not be used to override United
    States minimum wage requirements, or any provision of the Social
    Security Act [42 U.S.C. 301 et seq.] or title 26.
      (2) The Secretary may make supplemental payments to any civil
    service annuitant who is a former foreign national employee of the
    Service (or who is receiving an annuity as a survivor of a former
    foreign national employee of the Service) in order to offset
    exchange rate losses, if the annuity being paid such annuitant is
    based on - 
        (A) a salary that was fixed in a foreign currency that has
      appreciated in value in terms of the United States dollar; and
        (B) service in a country in which (as determined by the
      Secretary) the average retirement benefits being received by
      individuals who retired from competitive local organizations are
      superior to the local currency value of civil service annuities
      plus any other retirement benefits payable to foreign national
      employees who retired during similar time periods and after
      comparable careers with the Government.

      (3)(A) Whenever a foreign national employee so elects during a
    one-year period established by the Secretary of State with respect
    to each post abroad, the Secretary of the Treasury (at the
    direction of the Secretary of State) shall transfer such employee's
    interest in the Civil Service Retirement and Disability Fund to a
    trust or other local retirement plan certified by the United States
    Government under a local compensation plan established for foreign
    national employees pursuant to this section (excluding local social
    security plans).
      (B) For purposes of subparagraph (A), the phrase "employee's
    interest in the Civil Service Retirement and Disability Fund" means
    the total contributions of the employee and the employing agency
    with respect to such employee, pursuant to sections 8331(8) and
    8334(a)(1) of title 5, respectively, plus interest at the rate
    provided in section 8334(e)(3) of such title.
      (C) Any such transfer shall void any annuity rights or
    entitlement to lump-sum credit under subchapter III of chapter 83
    of such title.
    (b) Employment programs
      For the purpose of performing functions abroad, any agency or
    other Government establishment (including any establishment in the
    legislative or judicial branch) may administer employment programs
    for its employees who are foreign nationals, are United States
    citizens employed in the Service abroad who were hired while
    residing abroad, or are family members of Government employees
    assigned abroad, in accordance with the applicable provisions of
    this chapter.
    (c) Regulations
      The Secretary of State may prescribe regulations governing the
    establishment and administration of local compensation plans under
    this section by all agencies and other Government establishments.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 408, Oct. 17, 1980, 94 Stat. 2090;
    Pub. L. 98-164, title I, Sec. 127(a), Nov. 22, 1983, 97 Stat. 1026;
    Pub. L. 101-246, title I, Sec. 141(a), Feb. 16, 1990, 104 Stat. 35;
    Pub. L. 102-138, title I, Secs. 148, 152, Oct. 28, 1991, 105 Stat.
    670, 672; Pub. L. 103-236, title I, Sec. 180(a)(4), Apr. 30, 1994,
    108 Stat. 415; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A,
    title III, Sec. 322], Nov. 29, 1999, 113 Stat. 1536, 1501A-436;
    Pub. L. 107-228, div. A, title III, Sec. 313, Sept. 30, 2002, 116
    Stat. 1378.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a)(1), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
    as amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et. seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-228 in third sentence
    substituted "payments by the Government and employees to (i) a
    trust or other fund in a financial institution in order to finance
    future benefits for employees, including provision for retention in
    the fund of accumulated interest and dividends for the benefit of
    covered employees; or (ii) a Foreign Service National Savings Fund
    established in the Treasury of the United States, which (I) shall
    be administered by the Secretary, at whose direction the Secretary
    of the Treasury shall invest amounts not required for the current
    needs of the Fund; and (II) shall be public monies, which are
    authorized to be appropriated and remain available without fiscal
    year limitation to pay benefits, to be invested in public debt
    obligations bearing interest at rates determined by the Secretary
    of the Treasury taking into consideration current average market
    yields on outstanding marketable obligations of the United States
    of comparable maturity, and to pay administrative expenses." for
    "payments by the Government and employees to a trust or other fund
    in a financial institution in order to finance future benefits for
    employees, including provision for retention in the fund of
    accumulated interest for the benefit of covered employees."
      1999 - Subsec. (a)(1). Pub. L. 106-113, in last sentence, struck
    out "(A) provide such citizens with a total compensation package
    (including wages, allowances, benefits, and other employer
    payments, such as for social security) that has the equivalent cost
    to that received by foreign national employees occupying a similar
    position at that post and (B)" after "Secretary shall" and
    substituted "the total compensation package" for "this total
    compensation package".
      1994 - Subsec. (a)(1). Pub. L. 103-236, Sec. 180(a)(4)(D),
    inserted at end "For United States citizens under a compensation
    plan, the Secretary shall (A) provide such citizens with a total
    compensation package (including wages, allowances, benefits, and
    other employer payments, such as for social security) that has the
    equivalent cost to that received by foreign national employees
    occupying a similar position at that post and (B) define those
    allowances and benefits provided under United States law which
    shall be included as part of this total compensation package,
    notwithstanding any other provision of law, except that this
    section shall not be used to override United States minimum wage
    requirements, or any provision of the Social Security Act or title
    26."
      Pub. L. 103-236, Sec. 180(a)(4)(B), (C), in second sentence
    struck out "employed in the Service abroad who were hired while
    residing abroad and to those family members of Government employees
    who are paid in accordance with such plans" after "United States
    citizens" and in third sentence struck out "foreign national"
    before "employees" wherever appearing.
      Pub. L. 103-236, Sec. 180(a)(4)(A), inserted first sentence and
    struck out former first sentence which read as follows: "The
    Secretary shall establish compensation (including position
    classification) plans for foreign national employees of the
    Service, United States citizens employed in the Service abroad who
    were hired while residing abroad, and for United States citizens
    employed in the Service abroad who are family members of Government
    employees."
      1991 - Subsec. (a)(1). Pub. L. 102-138, Sec. 152(a), inserted
    "United States citizens employed in the Service abroad who were
    hired while residing abroad," after "employees of the Service," and
    "to United States citizens employed in the Service abroad who were
    hired while residing abroad and" after "payment of wages".
      Pub. L. 102-138, Sec. 148, added cl. (B) and redesignated former
    cl. (B) as (C).
      Subsec. (b). Pub. L. 102-138, Sec. 152(b), inserted ", are United
    States citizens employed in the Service abroad who were hired while
    residing abroad," after "foreign nationals".
      1990 - Subsec. (a)(3). Pub. L. 101-246 added par. (3).
      1983 - Subsec. (a)(1). Pub. L. 98-164 designated existing
    provisions as cl. (A) and added cl. (B).

    DATE OF TRANSFER FROM CIVIL SERVICE RETIREMENT AND DISABILITY FUND
      Section 141(c) of Pub. L. 101-246 provided that: "The transfer of
    an employee's interest in the Civil Service Retirement and
    Disability Fund shall occur after October 1, 1990."

                        FOREIGN NATIONAL PAY PLANS                    
      Pub. L. 96-60, title I, Sec. 107(a), Aug. 15, 1979, 93 Stat. 397,
    provided that: "It is the sense of the Congress that the Secretary
    of State should - 
        "(1) improve coordination between the Department of State and
      the Department of Defense and other departments and agencies of
      the United States operating outside the United States with
      respect to foreign national pay systems and wage schedules to the
      extent that - 
          "(A) joint wage surveys and compatible pay schedules are
        adopted in countries where two or more departments or agencies
        of the United States directly employ foreign nationals, and
          "(B) Department of Defense wage rates are included in wage
        surveys of the Department of State where the Department of
        Defense operates under indirect-hire arrangements;
        "(2) monitor the establishment of wage rates outside the United
      States more closely to insure that United States missions - 
          "(A) operate under salary schedules that reflect private
        sector average pay or average pay ranges,
          "(B) include the cost of severance in making pay adjustments,
        and
          "(C) survey jobs in the private sector which represent as
        closely as possible the work force of the mission; and
        "(3) substitute, whenever possible, prevailing local retirement
      plans for civil service retirement with respect to the retirement
      of foreign nationals employed by the United States."

-End-

-CITE-
    22 USC Sec. 3969                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3969. Salaries of consular agents

-STATUTE-
      The Secretary of State shall establish the salary rate for each
    consular agent. Such salary rate shall be established after taking
    into account the workload of the consular agency and the prevailing
    wage rates in the locality where the agency is located, except
    that, in the case of a consular agent who is a citizen of the
    United States, the salary rate may not be less than the then
    applicable minimum wage rate specified in section 206(a)(1) of
    title 29.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 409, Oct. 17, 1980, 94 Stat. 2091.)

-End-

-CITE-
    22 USC Sec. 3970                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3970. Compensation for imprisoned foreign national employees

-STATUTE-
    (a) Eligibility; rates of compensation; terms and conditions of
      payment; applicability of powers under other statutory provisions
      The head of any agency or other Government establishment
    (including any in the legislative or judicial branch) may
    compensate any current or former foreign national employee, or any
    foreign national who is or was employed under a personal services
    contract, who is or has been imprisoned by a foreign government if
    the Secretary of State (or, in the case of a foreign national
    employed by the Central Intelligence Agency, the Director of
    Central Intelligence) determines that such imprisonment is the
    result of the employment of the foreign national by the United
    States. Such compensation may not exceed the amount that the agency
    head determines approximates the salary and other benefits to which
    the foreign national would have been entitled had he or she been
    employed during the period of such imprisonment. Such compensation
    may be paid under such terms and conditions as the Secretary of
    State deems appropriate. For purposes of this section, an agency
    head shall have the same powers with respect to imprisoned foreign
    nationals who are or were employed by the agency as an agency head
    has under subchapter VII of chapter 55 of title 5 to the extent
    that such powers are consistent with this section.
    (b) Time spent imprisoned considered as period of employment
      Any period of imprisonment of a current or former foreign
    national employee which is compensable under this section shall be
    considered for purposes of any other employee benefit to be a
    period of employment by the Government, except that a period of
    imprisonment shall not be creditable - 
        (1) for purposes of subchapter III of chapter 83 of title 5,
      unless it is expressly creditable under that subchapter; or
        (2) for purposes of subchapter I of chapter 81 of title 5,
      unless the individual was employed by the Government at the time
      of his or her imprisonment.
    (c) Time of filing of claims
      No compensation or other benefit shall be awarded under this
    section unless a claim therefor is filed within 3 years after - 
        (1) the termination of the period of imprisonment giving rise
      to the claim, or
        (2) the date of the claimant's first opportunity thereafter to
      file such a claim, as determined by the appropriate agency head.
    (d) Regulations
      The Secretary of State may prescribe regulations governing
    payments under this section by all agencies and other Government
    establishments.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 410, Oct. 17, 1980, 94 Stat. 2091.)

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-

-CITE-
    22 USC Sec. 3971                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3971. Temporary service as principal officer

-STATUTE-
      For such time (in excess of such minimum period as the Secretary
    of State may establish) as any member of the Service is temporarily
    in charge of a Foreign Service post during the absence or
    incapacity of the principal officer, that member shall receive, in
    addition to the basic salary paid to the member and notwithstanding
    sections 5535 and 5536 of title 5, an amount equal to that portion
    (which the Secretary of State may determine to be appropriate) of
    the difference between such salary and the basic salary provided
    for the principal officer, or, if there is no principal officer,
    for the former principal officer.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 411, Oct. 17, 1980, 94 Stat. 2091.)

-End-

-CITE-
    22 USC Sec. 3972                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3972. Special differentials

-STATUTE-
    (a) Additional work requirements
      The Secretary may pay special differentials, in addition to
    compensation otherwise authorized, to Foreign Service officers who
    are required because of the nature of their assignments to perform
    additional work on a regular basis in substantial excess of normal
    requirements.
    (b) Repealed. Pub. L. 103-236, title I, Sec. 139(6), Apr. 30, 1994,
      108 Stat. 398
    (c) Compensatory time off
      Nothing in this chapter, or in subchapter V of chapter 55 of
    title 5 shall preclude the granting of compensatory time off for
    Foreign Service officers.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 412, Oct. 17, 1980, 94 Stat. 2092;
    Pub. L. 103-236, title I, Sec. 139(6), Apr. 30, 1994, 108 Stat.
    398.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-236 struck out subsec. (b) which
    read as follows: "Before implementing any proposal to limit either
    the number of Foreign Service officers who may receive a special
    differential under subsection (a) of this section or the amounts of
    such special differentials, the Secretary shall submit such
    proposal to the Committee on Foreign Relations of the Senate and
    the Committee on Foreign Affairs of the House of Representatives."

-End-

-CITE-
    22 USC Sec. 3973                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3973. Death gratuities

-STATUTE-
    (a) Criteria; amount; payment deemed gift
      The Secretary may provide for payment of a gratuity to the
    surviving dependents of any Foreign Service employee, who dies as a
    result of injuries sustained in the performance of duty abroad, in
    an amount equal to one year's salary at the time of death. Any
    death gratuity payment made under this section shall be held to
    have been a gift and shall be in addition to any other benefit
    payable from any source.
    (b) Eligibility to elect monthly compensation as condition to
      payment
      A death gratuity payment shall be made under this section only if
    the survivor entitled to payment under subsection (c) of this
    section is entitled to elect monthly compensation under section
    8133 of title 5, because the death resulted from an injury
    (excluding a disease proximately caused by the employment)
    sustained in the performance of duty, without regard to whether
    such survivor elects to waive compensation under such section 8133.
    (c) Order of payment
      A death gratuity payment under this section shall be made as
    follows:
        (1) First, to the widow or widower.
        (2) Second, to the child, or children in equal shares, if there
      is no widow or widower.
        (3) Third, to the dependent parent, or dependent parents in
      equal shares, if there is no widow, widower, or child.

    If there is no survivor entitled to payment under this subsection,
    no payment shall be made.
    (d) Definitions
      As used in this section - 
        (1) the term "Foreign Service employee" means any member of the
      Service or United States representative to an international
      organization or commission; and
        (2) each of the terms "widow", "widower", "child", and "parent"
      shall have the same meaning given each such term by section 8101
      of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 413, Oct. 17, 1980, 94 Stat. 2092.)

-End-

-CITE-
    22 USC Sec. 3974                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IV - COMPENSATION

-HEAD-
    Sec. 3974. Border equalization pay adjustment

-STATUTE-
    (a) In general
      An employee who regularly commutes from the employee's place of
    residence in the continental United States to an official duty
    station in Canada or Mexico shall receive a border equalization pay
    adjustment equal to the amount of comparability payments under
    section 5304 of title 5 that the employee would receive if the
    employee were assigned to an official duty station within the
    United States locality pay area closest to the employee's official
    duty station.
    (b) Employee defined
      For purposes of this section, the term "employee" means a person
    who - 
        (1) is an "employee" as defined under section 2105 of title 5;
      and
        (2) is employed by the Department of State, the United States
      Agency for International Development, or the International Joint
      Commission of the United States and Canada (established under
      Article VII of the treaty signed January 11, 1909) (36 Stat.
      2448), except that the term shall not include members of the
      Service (as specified in section 3903 of this title).
    (c) Treatment as basic pay
      An equalization pay adjustment paid under this section shall be
    considered to be part of basic pay for the same purposes for which
    comparability payments are considered to be part of basic pay under
    section 5304 of title 5.
    (d) Regulations
      The heads of the agencies referred to in subsection (b)(2) of
    this section may prescribe regulations to carry out this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 414, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(7) [div. A, title III, Sec. 333(a)], Nov. 29, 1999,
    113 Stat. 1536, 1501A-439.)

-End-

-CITE-
    22 USC SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND
           ASSIGNMENTS                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
        SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS    

-End-

-CITE-
    22 USC Sec. 3981                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
    Sec. 3981. Authority of Secretary

-STATUTE-
      The Secretary shall designate and classify positions in the
    Department and at Foreign Service posts which are to be occupied by
    members of the Service (other than by chiefs of mission and
    ambassadors at large). Positions designated under this section are
    excepted from the competitive service. Position classifications
    under this section shall be established, without regard to chapter
    51 of title 5, in relation to the salaries established under
    subchapter IV of this chapter. In classifying positions at Foreign
    Service posts abroad, the Secretary shall give appropriate weight
    to job factors relating to service abroad and to the compensation
    practices applicable to United States citizens employed abroad by
    United States corporations.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 501, Oct. 17, 1980, 94 Stat. 2092.)

-End-

-CITE-
    22 USC Sec. 3982                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
    Sec. 3982. Assignments to Foreign Service positions

-STATUTE-
    (a) Positions assignable; basis for assignment
      (1) The Secretary (with the concurrence of the agency concerned)
    may assign a member of the Service to any position classified under
    section 3981 of this title in which that member is eligible to
    serve (other than as chief of mission or ambassador at large), and
    may assign a member from one such position to another such position
    as the needs of the Service may require.
      (2) In making assignments under paragraph (1), the Secretary
    shall assure that a member of the Service is not assigned to a
    position at a post in a particular geographic area exclusively on
    the basis of the race, ethnicity, or religion of that member.
    (b) Filling of positions by members of Service; employment of
      members of State Department and other agencies
      Positions designated as Foreign Service positions normally shall
    be filled by the assignment of members of the Service to those
    positions. Subject to that limitation - 
        (1) Foreign Service positions may be filled by the assignment
      for specified tours of duty of employees of the Department and,
      under interagency agreements, employees of other agencies; and
        (2) Senior Foreign Service positions may also be filled by
      other members of the Service.
    (c) Charge d'affaires
      The President may assign a career member of the Service to serve
    as charge d'affaires or otherwise as the head of a mission (or as
    the head of a United States office abroad which is designated under
    section 3902(a)(3) (!1) of this title by the Secretary of State as
    diplomatic in nature) for such period as the public interest may
    require.

    (d) Competitive ability with respect to chief of mission positions
      and for assignments outside areas of specialization
      The Secretary of State, in conjunction with the heads of the
    other agencies utilizing the Foreign Service personnel system,
    shall implement policies and procedures to insure that Foreign
    Service officers and members of the Senior Foreign Service of all
    agencies are able to compete for chief of mission positions and
    have opportunities on an equal basis to compete for assignments
    outside their areas of specialization.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 502, Oct. 17, 1980, 94 Stat. 2093;
    Pub. L. 98-164, title I, Sec. 130(b), Nov. 22, 1983, 97 Stat.
    1027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3902(a)(3) of this title, referred to in subsec. (c), was
    redesignated section 3902(3) of this title pursuant to Pub. L. 98-
    164, which struck out the designation "(a)" and subsec. (b) of
    section 3902.

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (d). Pub. L. 98-164 added subsec. (d).

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under subsec. (c) delegated to Secretary
    of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, set out as a note under section 3901 of this title.

-MISC2-
       REPORT RESPECTING POLICIES AND PROCEDURES ADOPTED TO IMPROVE
                     COMPETITIVE ABILITY OF PERSONNEL
      Section 130(c) of Pub. L. 98-164 directed Secretary of State, not
    later than one year after Nov. 22, 1983, to submit a report to
    Speaker of House of Representatives and chairman of Committee on
    Foreign Relations of Senate describing policies and procedures
    adopted pursuant to the amendment made by section 130(b) of Pub. L.
    98-164, adding subsec. (d) of this section, prior to repeal by Pub.
    L. 103-236, title I, Sec. 139(10), Apr. 30, 1994, 108 Stat. 398.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 3983                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
    Sec. 3983. Assignments to non-Service and other positions

-STATUTE-
    (a) Positions assignable
      The Secretary may (with the concurrence of the agency,
    organization, or other body concerned) assign a member of the
    Service for duty - 
        (1) in a non-Foreign Service (including Senior Executive
      Service) position in the Department or another agency, or with an
      international organization, international commission, or other
      international body;
        (2) with a domestic or international trade, labor,
      agricultural, scientific, or other conference, congress, or
      gathering;
        (3) for special instruction, training, or orientation at or
      with a public or private organization; and
        (4) in the United States (or in any territory or possession of
      the United States or in the Commonwealth of Puerto Rico), with a
      State or local government, a public or private nonprofit
      organization (including an educational institution), or a Member
      or office of the Congress.
    (b) Salary; travel and other expenses
      (1) The salary of a member of the Service assigned under this
    section shall be the higher of the salary which that member would
    receive but for the assignment under this section or the salary of
    the position to which that member is assigned.
      (2) The salary of a member of the Service assigned under this
    section shall be paid from appropriations made available for the
    payment of salaries and expenses of the Service. Such
    appropriations may be reimbursed for all or any part of the costs
    of salaries and other benefits for members assigned under this
    section.
      (3) A member of the Service assigned under subsection (a)(4) of
    this section to a Member or office of the Congress shall be deemed
    to be an employee of the House of Representatives or the Senate, as
    the case may be, for purposes of payment of travel and other
    expenses.
    (c) Length of assignment
      Except as otherwise provided in subsection (d)(5) of this
    section, assignments under this section may not exceed four years
    of continuous service for any member of the Service unless the
    Secretary approves an extension of such period for that member
    because of special circumstances.
    (d) Assignment to the American Institute in Taiwan
      (1) The Secretary may assign a member of the Service, or
    otherwise detail an employee of the Department, for duty at the
    American Institute in Taiwan, if the Secretary determines that to
    do so is in the national interest of the United States.
      (2) The head of any other department or agency of the United
    States may, with the concurrence of the Secretary, detail an
    employee of that department or agency to the American Institute in
    Taiwan, if the Secretary determines that to do so is in the
    national interest of the United States.
      (3) In this subsection, the term "employee" does not include - 
        (A) a noncareer appointee, limited term appointee, or limited
      emergency appointee (as such terms are defined in section 3132(a)
      of title 5) in the Senior Executive Service; or
        (B) an employee in a position that has been excepted from the
      competitive service by reason of its confidential, policy-
      determining, policy-making, or policy-advocating character.

      (4) An assignment or detail under this subsection may be made
    with or without reimbursement from the American Institute in
    Taiwan.
      (5) The period of an assignment or detail under this subsection
    shall not exceed a total of 6 years, except that the Secretary (or
    any other head of a department or agency of the United States, with
    the concurrence of the Secretary) may extend the period of an
    assignment or detail for an additional period of not more than 6
    years.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 503, Oct. 17, 1980, 94 Stat. 2093;
    Pub. L. 107-228, div. A, title III, Sec. 326, Sept. 30, 2002, 116
    Stat. 1386.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-228, Sec. 326(2), substituted
    "Except as otherwise provided in subsection (d)(5) of this section,
    assignments" for "Assignments".
      Subsec. (d). Pub. L. 107-228, Sec. 326(1), added subsec. (d).

-End-

-CITE-
    22 USC Sec. 3984                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
    Sec. 3984. Service in United States and abroad

-STATUTE-
    (a) Obligation to serve abroad; length of stay in United States
      Career members of the Service shall be obligated to serve abroad
    and shall be expected to serve abroad for substantial portions of
    their careers. The Secretary shall establish by regulation
    limitations upon assignments of members of the Service within the
    United States. A member of the Service may not be assigned to duty
    within the United States for any period of continuous service
    exceeding eight years unless the Secretary approves an extension of
    such period for that member because of special circumstances.
    (b) Intermittent duty within United States
      Consistent with the needs of the Service, the Secretary shall
    seek to assign each career member of the Service who is a citizen
    of the United States (other than those employed in accordance with
    section 3951 of this title) to duty within the United States at
    least once during each period of fifteen years that the member is
    in the Service.
    (c) Sabbaticals
      The Secretary may grant a sabbatical to a career member of the
    Senior Foreign Service for not to exceed eleven months in order to
    permit the member to engage in study or uncompensated work
    experience which will contribute to the development and
    effectiveness of the member. A sabbatical may be granted under this
    subsection under conditions specified by the Secretary in light of
    the provisions of section 3396(c) of title 5, which apply to
    sabbaticals granted to members of the Senior Executive Service.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 504, Oct. 17, 1980, 94 Stat. 2094;
    Pub. L. 103-236, title I, Sec. 180(a)(5), Apr. 30, 1994, 108 Stat.
    416.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-236 inserted "(other than those
    employed in accordance with section 3951 of this title)" after
    "citizen of the United States".

-End-

-CITE-
    22 USC Sec. 3985                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER V - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

-HEAD-
    Sec. 3985. Temporary details

-STATUTE-
      A period of duty of not more than six months in duration by a
    member of the Service shall be considered a temporary detail and
    shall not be considered an assignment within the meaning of this
    subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 505, Oct. 17, 1980, 94 Stat. 2094.)

-End-

-CITE-
    22 USC SUBCHAPTER VI - PROMOTION AND RETENTION              01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
                  SUBCHAPTER VI - PROMOTION AND RETENTION              

-End-

-CITE-
    22 USC Sec. 4001                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4001. Promotions

-STATUTE-
    (a) Method of promotion
      Career members of the Senior Foreign Service are promoted by
    appointment under section 3942(a) of this title to a higher salary
    class in the Senior Foreign Service. Members of the Senior Foreign
    Service serving under career candidate appointments or noncareer
    appointments are promoted by appointment under section 3943 of this
    title to a higher salary class in the Senior Foreign Service.
    Foreign Service officers, and Foreign Service personnel who are
    assigned to a class in the Foreign Service Schedule, are promoted
    by appointment under section 3942(a) of this title as career
    members of the Senior Foreign Service or by assignment under
    section 3964 of this title to a higher salary class in the Foreign
    Service Schedule.
    (b) Recommendations and rankings of selection boards
      Except as provided in section 4006(a) of this title, promotions
    of - 
        (1) members of the Senior Foreign Service, and
        (2) members of the Service assigned to a salary class in the
      Foreign Service Schedule (including promotions of such members
      into the Senior Foreign Service),

    shall be based upon the recommendations and rankings of selection
    boards established under section 4002 of this title, except that
    the Secretary may by regulation specify categories of career
    members, categories of career candidates, and other members of the
    Service assigned to salary classes in the Foreign Service Schedule
    who may receive promotions on the basis of satisfactory
    performance.
    (c) Eligibility; request for promotion; time of consideration;
      withdrawal of request; basis for decision; affidavits
      (1) Promotions into the Senior Foreign Service shall be
    recommended by selection boards only from among career members of
    the Service assigned to class 1 in the Foreign Service Schedule who
    request that they be considered for promotion into the Senior
    Foreign Service. The Secretary shall prescribe the length of the
    period after such a request is made (within any applicable time in
    class limitation established under section 4007(a) of this title)
    during which such members may be considered by selection boards for
    entry into the Senior Foreign Service. A request by a member for
    consideration for promotion into the Senior Foreign Service under
    this subsection may be withdrawn by the member, but if it is
    withdrawn, that member may not thereafter request consideration for
    promotion into the Senior Foreign Service.
      (2) Decisions by the Secretary on the numbers of individuals to
    be promoted into and retained in the Senior Foreign Service shall
    be based upon a systematic long-term projection of personnel flows
    and needs designed to provide - 
        (A) a regular, predictable flow of recruitment in the Service;
        (B) effective career development patterns to meet the needs of
      the Service; and
        (C) a regular, predictable flow of talent upward through the
      ranks and into the Senior Foreign Service.

      (3) The affidavit requirements of sections 3332 and 3333(a) of
    title 5 shall not apply with respect to a member of the Service who
    has previously complied with those requirements and who
    subsequently is promoted by appointment to any class in the Senior
    Foreign Service without a break in service.
      (4) Not later than March 1, 2001, and every four years
    thereafter, the Secretary of State shall submit a report to the
    Speaker of the House of Representatives and to the Committee on
    Foreign Relations of the Senate which shall include the following:
        (A) A description of the steps taken and planned in furtherance
      of - 
          (i) maximum compatibility among agencies utilizing the
        Foreign Service personnel system, as provided for in section
        3923 of this title, and
          (ii) the development of uniform policies and procedures and
        consolidated personnel functions, as provided for in section
        3924 of this title.

        (B) A workforce plan for the subsequent five years, including
      projected personnel needs, by grade and by skill. Each such plan
      shall include for each category the needs for foreign language
      proficiency, geographic and functional expertise, and specialist
      technical skills. Each workforce plan shall specifically account
      for the training needs of Foreign Service personnel and shall
      delineate an intake program of generalist and specialist Foreign
      Service personnel to meet projected future requirements.

      (5) If there are substantial modifications to any workforce plan
    under paragraph (4)(B) during any year in which a report under
    paragraph (4) is not required, a supplemental annual notification
    shall be submitted in the same manner as reports are required to be
    submitted under paragraph (4).

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 601, Oct. 17, 1980, 94 Stat. 2094;
    Pub. L. 100-204, title I, Sec. 185(b), Dec. 22, 1987, 101 Stat.
    1366; Pub. L. 103-236, title I, Sec. 180(a)(6), Apr. 30, 1994, 108
    Stat. 416; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title
    III, Sec. 326], Nov. 29, 1999, 113 Stat. 1536, 1501A-437.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c)(4), (5). Pub. L. 106-113 added pars. (4) and
    (5) and struck out former par. (4), which required report not later
    than Mar. 1 of each year, describing steps taken and planned in
    furtherance of compatibility and development of uniform procedures
    and consolidated personnel functions, specifying upper and lower
    limits planned for recruitment, retention, and advancement of
    members, and specifying numbers of members assigned to positions
    more than one grade higher or lower than the member.
      1994 - Subsec. (b). Pub. L. 103-236, which directed amendment of
    par. (2) by striking "and" the last place it appears and by
    inserting "and other members of the Service" after "categories of
    career candidates,", was executed by striking "and" after
    "categories of career members," and making the insertion in
    concluding provisions below par. (2), to reflect the probable
    intent of Congress.
      1987 - Subsec. (c)(4). Pub. L. 100-204 added par. (4).

                            REPORTS ELIMINATED                        
      Pub. L. 104-66, title II, Sec. 2241, Dec. 21, 1995, 109 Stat.
    733, which provided that reports required under section 4001(c)(4)
    of this title would not cover activities of the United States
    Information Agency, was repealed by Pub. L. 105-277, div. G,
    subdiv. A, title XIII, Sec. 1336(5), Oct. 21, 1998, 112 Stat. 2681-
    790.

                   LANGUAGE TRAINING IN FOREIGN SERVICE               
      Pub. L. 102-138, title I, Sec. 155, Oct. 28, 1991, 105 Stat. 675,
    as amended by Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.
    1335(q), Oct. 21, 1998, 112 Stat. 2681-789, provided that: "The
    Department of State and the Department of Commerce shall ensure
    that the precepts for promotion of Foreign Service employees
    provide that end-of-training reports for employees in full-time
    language training shall be weighed as heavily as the annual
    employee efficiency reports, in order to ensure that employees in
    language training are not disadvantaged in the promotion process."

                     FOREIGN SERVICE PROMOTION PANELS                 
      Pub. L. 101-246, title I, Sec. 163, Feb. 16, 1990, 104 Stat. 47,
    as amended by Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat.
    2412, provided that: "It is the sense of the Congress that, to the
    greatest extent possible, Foreign Service promotion panels should -
    
        "(1) only promote candidates to the Senior Foreign Service who
      have demonstrated foreign language proficiency in at least one
      language at the General Professional Speaking Proficiency level,
      as defined by the George P. Shultz National Foreign Affairs
      Training Center;
        "(2) strive for the objective stipulated in the Foreign Service
      Manual 'to be able to use two foreign languages at a minimum
      professional level of proficiency of S-3/R-3, which is the
      general professional speaking proficiency level'; and
        "(3) have at least one person on each Foreign Service promotion
      panel who has attained at least the General Professional Speaking
      Proficiency level in one language level."

            LANGUAGE PROFICIENCY IN EMPLOYEE EVALUATION REPORT        
      Pub. L. 101-246, title I, Sec. 164, Feb. 16, 1990, 104 Stat. 47,
    required revision of employee and officer evaluation reports for
    Foreign Service officers of Department of State and Agency for
    International Development to include separate assessment of
    employee's effectiveness in using foreign language and required
    that precedence in promotion be given to officers achieving certain
    levels of proficiency in foreign language, prior to repeal by Pub.
    L. 103-236, title I, Sec. 191(b), Apr. 30, 1994, 108 Stat. 418. See
    section 191(a) of Pub. L. 103-236, set out as a note under section
    3926 of this title.

-End-

-CITE-
    22 USC Sec. 4002                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4002. Establishment of selection boards

-STATUTE-
    (a) Evaluation of performance; recommendations
      The Secretary shall establish selection boards to evaluate the
    performance of members of the Senior Foreign Service and members of
    the Service assigned to a salary class in the Foreign Service
    Schedule. Selection boards shall, in accordance with precepts
    prescribed by the Secretary, rank the members of a salary class on
    the basis of relative performance and may make recommendations for -
     
        (1) promotions in accordance with section 4001 of this title;
        (2) awards of performance pay under section 3965(c) of this
      title;
        (3) denials of within-class step increases under section
      3966(a) of this title;
        (4) offer or renewal of limited career extensions under section
      4007(b) of this title; and
        (5) such other actions as the Secretary may prescribe by
      regulation.
    (b) Public members; appointment of women and minority groups
      All selection boards established under this section shall include
    public members. The Secretary shall assure that a substantial
    number of women and members of minority groups are appointed to
    each selection board established under this section.
    (c) Disqualification for service on foreign service selection
      boards
      No public members appointed pursuant to this section may be, at
    the time of their appointment or during their appointment, an agent
    of a foreign principal (as defined by section 611(b) of this title)
    or a lobbyist for a foreign entity (as defined in section 1602(6)
    of title 2) or receive income from a government of a foreign
    country.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 602, Oct. 17, 1980, 94 Stat. 2095;
    Pub. L. 101-246, title I, Sec. 142, Feb. 16, 1990, 104 Stat. 36;
    Pub. L. 104-65, Sec. 12(c), Dec. 19, 1995, 109 Stat. 701.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-65 inserted "or a lobbyist for a
    foreign entity (as defined in section 1602(6) of title 2)" before
    "or receive income".
      1990 - Subsec. (c). Pub. L. 101-246 added subsec. (c).

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as
    otherwise provided, see section 24 of Pub. L. 104-65, set out as an
    Effective Date note under section 1601 of Title 2, The Congress.

-End-

-CITE-
    22 USC Sec. 4003                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4003. Recommendations and rankings

-STATUTE-
      (a) Recommendations and rankings by selection boards shall be
    based upon records of the character, ability, conduct, quality of
    work, industry, experience, dependability, usefulness, and general
    performance of members of the Service. Such records may include
    reports prepared by or on behalf of the Inspector General of the
    Department of State and the Foreign Service, performance evaluation
    reports of supervisors, records of commendations, reports of
    language test scores from the George P. Shultz National Foreign
    Affairs Training Center, awards, reprimands, and other disciplinary
    actions, and (with respect to members of the Senior Foreign
    Service) records of current and prospective assignments.
      (b) Precepts for selection boards shall include a description of
    the needs of the Service for performance requirements, skills, and
    qualities, which are to be considered in recommendations for
    promotion. The precepts for selection boards responsible for
    recommending promotions into and within the Senior Foreign Service
    shall emphasize performance which demonstrates the strong policy
    formulation capabilities, executive leadership qualities, and
    highly developed functional and area expertise, which are required
    for the Senior Foreign Service. The precepts for selection boards
    shall include, whether the member of the Service or the member of
    the Senior Foreign Service, as the case may be, has demonstrated - 
        (1) a willingness and ability to explain United States policies
      in person and through the media when occupying positions for
      which such willingness and ability is, to any degree, an element
      of the member's duties, or
        (2) other experience in public diplomacy.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 603, Oct. 17, 1980, 94 Stat. 2095;
    Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412; Pub. L.
    108-458, title VII, Sec. 7110(c), Dec. 17, 2004, 118 Stat. 3794.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458 inserted at end "The precepts
    for selection boards shall include, whether the member of the
    Service or the member of the Senior Foreign Service, as the case
    may be, has demonstrated - " and pars. (1) and (2).
      2002 - Subsec. (a). Pub. L. 107-132 substituted "George P. Shultz
    National Foreign Affairs Training Center" for "Foreign Service
    Institute".

-End-

-CITE-
    22 USC Sec. 4004                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4004. Records

-STATUTE-
      (a) The records described in section 4003(a) of this title shall
    be maintained in accordance with regulations prescribed by the
    Secretary. Except to the extent that they pertain to the receipt,
    disbursement, and accounting for public funds, such records shall
    be confidential and subject to inspection only by the President,
    the Secretary, such employees of the Government as may be
    authorized by law or assigned by the Secretary to work on such
    records, the legislative and appropriations committees of the
    Congress charged with considering legislation and appropriations
    for the Service, and representatives duly authorized by such
    committees. Access to such records relating to a member of the
    Service shall be granted to such member, upon written request.
      (b) Notwithstanding subsection (a) of this section, any record of
    disciplinary action that includes a suspension of more than five
    days taken against a member of the Service, including any
    correction of that record under section 4137(b)(1) of this title,
    shall remain a part of the personnel records until the member is
    tenured as a career member of the Service or next promoted.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 604, Oct. 17, 1980, 94 Stat. 2096;
    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    327(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-113, in section catchline, substituted
    "Records" for "Confidentiality of records", designated existing
    provisions as subsec. (a), and added subsec. (b).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    327(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438, provided that:
    "The amendments made by this section [amending this section] apply
    to all disciplinary actions initiated on or after the date of
    enactment of this Act [Nov. 29, 1999]."

-End-

-CITE-
    22 USC Sec. 4005                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4005. Implementation of selection board recommendations

-STATUTE-
      (a) Recommendations for promotion made by selection boards shall
    be submitted to the Secretary in rank order by salary class or in
    rank order by specialization within a salary class. The Secretary
    shall make promotions and, with respect to career appointments into
    or within the Senior Foreign Service, shall make recommendations to
    the President for promotions, in accordance with the rankings of
    the selection boards.
      (b) Notwithstanding subsection (a) of this section, in special
    circumstances set forth by regulation, the Secretary may remove the
    name of an individual from the rank order list submitted by a
    selection board or delay the promotion of an individual named in
    such a list.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 605, Oct. 17, 1980, 94 Stat. 2096.)

-End-

-CITE-
    22 USC Sec. 4006                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4006. Other bases for promoting or increasing pay

-STATUTE-
      (a) The Secretary may pursuant to a recommendation of the Foreign
    Service Grievance Board, an equal employment opportunity appeals
    examiner, or the Special Counsel of the Merit Systems Protection
    Board, and shall pursuant to a decision or order of the Merit
    Systems Protection Board - 
        (1) recommend to the President a promotion of a member of the
      Service under section 3942(a) of this title;
        (2) promote a member of the Service under section 3943 of this
      title;
        (3) grant performance pay to a member of the Senior Foreign
      Service under section 3965(c) of this title; or
        (4) grant a within-class salary increase under section 3966 of
      this title to a member of the Service who is assigned to a salary
      class in the Foreign Service Schedule.

      (b) In implementing subsection (a) of this section and in cases
    in which the Secretary has exercised the authority of section
    4005(b) of this title, the Secretary may, in special circumstances
    set forth by regulation, make retroactive promotions, grant
    performance pay, make retroactive within-class salary increases,
    and recommend retroactive promotions by the President.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 606, Oct. 17, 1980, 94 Stat. 2096.)

-End-

-CITE-
    22 USC Sec. 4007                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4007. Retirement for expiration of time in class

-STATUTE-
    (a) Maximum time
      (1) The Secretary shall, by regulation, establish maximum time in
    class limitations for - 
        (A) career members of the Senior Foreign Service,
        (B) Foreign Service officers, and
        (C) other career members of the Service who are in such
      occupational categories as may be designated by the Secretary and
      who are assigned to salary classes in the Foreign Service
      Schedule to which Foreign Service officers may also be assigned.

      (2) Maximum time in class limitations under this subsection
    (which may not be less than 3 years for career members of the
    Senior Foreign Service) may apply with respect to the time a member
    may remain in a single salary class or in a combination of salary
    classes.
      (3) The Secretary may, by regulation, increase or decrease any
    maximum time in class established under this subsection as the
    needs of the Service may require. If maximum time in class is
    decreased, the Secretary shall provide any member of the Service
    who is in a category and salary class subject to the new time in
    class limitation an opportunity to remain in class (notwithstanding
    the new limitation) for a period which is at least as long as the
    shorter of - 
        (A) the period which the member would have been permitted to
      remain in class but for the decrease in maximum time in class, or
        (B) such minimum period as the Secretary determines is
      necessary to provide members of the Service who are in the same
      category and salary class as that member a reasonable opportunity
      to be promoted into the next higher class or combination of
      classes, as the case may be.
    (b) Limited career extension
      Members of the Service whose maximum time in class under
    subsection (a) of this section expires - 
        (1) after they have attained the highest salary class for their
      respective occupational categories, or
        (2) in the case of members of the Senior Foreign Service, while
      they are in salary classes designated by the Secretary,

    may continue to serve only under limited extentions of their career
    appointments. Such limited extensions may not exceed 5 years in
    duration and may be granted and renewed by the Secretary in
    accordance with the recommendations of selection boards established
    under section 4002 of this title. Members of the Service serving
    under such limited career extensions shall continue to be career
    members of the Service.
    (c) Members subject to retirement; reception of retirement benefits
      Any member of the Service - 
        (1) whose maximum time in class under subsection (a) of this
      section expires and who is not promoted to a higher class or
      combination of classes, as the case may be, or
        (2) whose limited career extension under subsection (b) of this
      section expires and is not renewed,

    shall be retired from the Service and receive benefits in
    accordance with section 4009 of this title, subject to any career
    extension under subsection (d) of this section.
    (d) Extensions
      Notwithstanding any other provision of this section - 
        (1) the career appointment of a member of the Service whose
      maximum time in class under subsection (a) of this section
      expires, or whose limited career extension under subsection (b)
      of this section expires, while that member is occupying a
      position to which he or she was appointed by the President, by
      and with the advice and consent of the Senate, shall be extended
      until the appointment to that position is terminated; and
        (2) if the Secretary determines it to be in the public
      interest, the Secretary may extend temporarily the career
      appointment of a career member of the Service whose maximum time
      in class or limited career extension expires, but in no case may
      any extension under this paragraph exceed one year and such
      extensions may be granted only in special circumstances.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 607, Oct. 17, 1980, 94 Stat. 2096.)

-End-

-CITE-
    22 USC Sec. 4008                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4008. Retirement based on failure to meet standard of
      performance

-STATUTE-
      (a) The Secretary shall prescribe regulations concerning the
    standards of performance to be met by career members of the Service
    who are citizens of the United States. Whenever a selection board
    review indicates that the performance of such a career member of
    the Service may not meet the standards of performance for his or
    her class, the Secretary shall provide for administrative review of
    the performance of the member. The review shall include an
    opportunity for the member to be heard.
      (b) In any case where the administrative review conducted under
    subsection (a) of this section substantiates that a career member
    of the Service has failed to meet the standards of performance for
    his or her class, the member shall be retired from the Service and
    receive benefits in accordance with section 4009 of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 608, Oct. 17, 1980, 94 Stat. 2097.)

-End-

-CITE-
    22 USC Sec. 4009                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4009. Retirement benefits

-STATUTE-
    (a) Entitlement
      A member of the Service - 
        (1) who is retired under section 4007(c)(2) of this title; or
        (2) who is retired under section 4007(c)(1) or 4008(b) or 4010a
      of this title - 
          (A) after becoming eligible for voluntary retirement under
        section 4051 of this title or any other applicable provision of
        chapter 84 of title 5, or
          (B) from the Senior Foreign Service or while assigned to
        class 1 in the Foreign Service Schedule,

    shall receive retirement benefits in accordance with section 4046
    of this title or section 4071d of this title, as appropriate.
    (b) Computation of amount; refund; death of member
      Any member of the Service (other than a member to whom subsection
    (a) of this section applies) who is retired under section
    4007(c)(1) or 4008(b) or 4010a of this title shall receive - 
        (1) one-twelfth of a year's salary at his or her then current
      salary rate for each year of service and proportionately for a
      fraction of a year, but not exceeding a total of one year's
      salary at his or her then current salary rate, payable without
      interest from the Foreign Service Retirement and Disability Fund
      in 3 equal installments, such installments to be paid on January
      1 of each of the first 3 calendar years beginning after the
      retirement of the member (except that in special cases, the
      Secretary of State may accelerate or combine such installments);
      and
        (2)(A) for those participants in the Foreign Service Retirement
      and Disability System, a refund as provided in section 4055 of
      this title of the contributions made by the member to the Foreign
      Service Retirement and Disability Fund, except that in lieu of
      such refund a member who has at least 5 years of service credit
      toward retirement under the Foreign Service Retirement and
      Disability System (excluding military and naval service) may
      elect to receive an annuity, computed under section 4046 of this
      title, commencing at age 60; and (B) for those participants in
      the Foreign Service Pension System, benefits as provided in
      section 4071 of this title.

    In the event that a member of the Service has elected to receive
    retirement benefits under paragraph (2) and dies before reaching
    age 60 (for participants in the Foreign Service Retirement and
    Disability System) or age 62 (for participants in the Foreign
    Service Pension System), his or her death shall be considered a
    death in service within the meaning of section 4049 of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 609, Oct. 17, 1980, 94 Stat. 2098;
    Pub. L. 103-236, title I, Sec. 181(a)(3), Apr. 30, 1994, 108 Stat.
    417; Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2312(a),
    Oct. 21, 1998, 112 Stat. 2681-827.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 2312(a)(2), inserted
    "or section 4071d of this title, as appropriate" after "section
    4046 of this title" in concluding provisions.
      Subsec. (a)(2)(A). Pub. L. 105-277, Sec. 2312(a)(1), inserted "or
    any other applicable provision of chapter 84 of title 5" after
    "section 4051 of this title".
      Subsec. (b). Pub. L. 105-277, Sec. 2312(a)(4), inserted "(for
    participants in the Foreign Service Retirement and Disability
    System) or age 62 (for participants in the Foreign Service Pension
    System)" after "age 60" in concluding provisions.
      Subsec. (b)(2). Pub. L. 105-277, Sec. 2312(a)(3), designated
    existing provisions as subpar. (A), inserted "for those
    participants in the Foreign Service Retirement and Disability
    System," before "a refund", and added subpar. (B).
      1994 - Subsecs. (a)(2), (b). Pub. L. 103-236 inserted "or 4010a"
    after "4008(b)".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2312(c),
    Oct. 21, 1998, 112 Stat. 2681-827, provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section and section
    4071d of this title] shall take effect on the date of the enactment
    of this Act [Oct. 21, 1998].
      "(2) Exceptions. - The amendments made by paragraphs (2) and (3)
    of subsection (a) and paragraphs (1)(A) and (2) of subsection (b)
    [amending this section and section 4071d of this title] shall apply
    with respect to any actions taken under section 611 of the Foreign
    Service Act of 1980 [22 U.S.C. 4010a] on or after January 1, 1996."

           SPECIAL ANNUITY FOR CERTAIN FOREIGN SERVICE OFFICERS       
      Pub. L. 95-105, title IV, Sec. 411, Aug. 17, 1977, 91 Stat. 855,
    as amended by Pub. L. 95-426, title IV, Sec. 412(b), Oct. 7, 1978,
    92 Stat. 981, provided that:
      "(a) Subject to the conditions established in subsection (b), any
    Foreign Service officer - 
        "(1) who was retired under section 633(a)(1) of the Foreign
      Service Act of 1946 [former section 1003(a)(1) of this title, see
      section 4007(a) of this title] before the date of enactment of
      this section, [Aug. 17, 1977];
        "(2) who was not in class 1, 2, or 3 at the time of retirement;
        "(3) who was 40 years of age or older at the time of
      retirement; and
        "(4) who had at least 20 years of service, exclusive of credit
      for unused sick leave, creditable for purposes of section 821 of
      such Act [former section 1076 of this title, see section 4046 of
      this title] at the time of retirement;
    shall be entitled to receive retirement benefits in accordance with
    the provisions of such section 821 [former section 1076 of this
    title, see section 4046 of this title] in lieu of any retirement
    benefits which the officer may be entitled to elect under section
    634(b)(2) of such Act [former section 1004(b)(2) of this title, see
    subsec. (b)(2) of this section]. Such retirement benefits shall be
    paid from the Foreign Service Retirement and Disability Fund and
    shall be effective on the date the officer reaches age 50, the date
    of enactment of this section [Aug. 17, 1977], or October 1, 1977,
    whichever date is latest.
      "(b) Retirement benefits may not be paid under this section
    unless (1) any refund of contributions paid to the officer under
    section 634(b)(2) of the Foreign Service Act of 1946 [former
    section 1004(b)(2) of this title, see subsec. (b)(2) of this
    section] is repaid to the Foreign Service Retirement and Disability
    Fund, with interest, in accordance with sections 811(d) and (f) of
    such Act [former section 1071(d) and (f) of this title, see section
    4045(d) and (f) of this title]; and (2) the service forming the
    basis for such retirement benefits is not used as the basis for any
    other retirement benefits under any retirement system.
      "(c) In the event that an officer who is entitled to retirement
    benefits under this section dies before reaching the age of fifty,
    but after the date of enactment of this section [Aug. 17, 1977],
    his or her death shall be considered a death in service within the
    meaning of section 832 of the Foreign Service Act of 1946 [former
    section 1082 of this title, see section 4049 of this title], except
    that no survivor's annuity (other than a survivor's annuity which
    would be payable under the first complete sentence in section
    634(b)(2) of such Act [former section 1004(b)(2) of this title, see
    subsec. (b)(2) of this section] but for the enactment of this
    section) shall become effective before October 1, 1977.
      "(d) An officer entitled to retirement benefits under this
    section may make the election described in section 821(b) or (f),
    as appropriate, of the Foreign Service Act of 1946 [former section
    1076(b) or (f) of this title, see section 4046(b) and (f) of this
    title] at any time before reaching the age of fifty or before the
    end of the sixty-day period beginning on the date of enactment of
    this section [Aug. 17, 1977], whichever is later."

-End-

-CITE-
    22 USC Sec. 4010                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4010. Separation for cause

-STATUTE-
    (a) Authorization of Secretary; right to hearing; attorneys fees
      and backpay; leave without pay
      (1) The Secretary may decide to separate any member from the
    Service for such cause as will promote the efficiency of the
    Service.
      (2)(A) Except as provided in subparagraph (B), whenever the
    Secretary decides under paragraph (1) to separate, on the basis of
    misconduct, any member of the Service (other than a United States
    citizen employed under section 3951 of this title who is not a
    family member) who either - 
        (i) is serving under a career appointment, or
        (ii) is serving under a limited appointment,

    the member may not be separated from the Service until the member
    receives a hearing before the Foreign Service Grievance Board and
    the Board decides that cause for separation has been established,
    unless the member waives, in writing, the right to such a hearing,
    or the member's appointment has expired, whichever is sooner.
      (B) The right to a hearing in subparagraph (A) does not apply in
    the case of an individual who has been convicted of a crime for
    which a sentence of imprisonment of more than one year may be
    imposed.
      (3) If the Board decides that cause for separation has not been
    established, the Board may direct the Department to pay reasonable
    attorneys' fees to the extent and in the manner provided by section
    4137(b)(5) of this title. The hearing provided under this paragraph
    shall be conducted in accordance with the hearing procedures
    applicable to grievances under section 4136 of this title and shall
    be in lieu of any other administrative procedure authorized or
    required by this or any other Act. Section 4140 of this title shall
    apply to proceedings under this paragraph.
      (4) Notwithstanding the hearing required by paragraph (2), at the
    time that the Secretary decides to separate a member of the Service
    for cause, the member shall be placed on leave without pay. If the
    member does not waive the right to a hearing, and the Board decides
    that cause for separation has not been established, the member
    shall be reinstated with back pay.
    (b) Refund of contributions to Fund; annuity election
      Any participant in the Foreign Service Retirement and Disability
    System who is separated under subsection (a) of this section shall
    be entitled to receive a refund as provided in section 4055 of this
    title of the contributions made by the participant to the Foreign
    Service Retirement and Disability Fund. Except in cases where the
    Secretary determines that separation was based in whole or in part
    on the ground of disloyalty to the United States, a participant who
    has at least 5 years of service credit toward retirement under the
    Foreign Service Retirement and Disability System (excluding
    military and naval service) may elect, in lieu of such refund, to
    an annuity, computed under section 4046 of this title, commencing
    at age 60.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 610, Oct. 17, 1980, 94 Stat. 2098;
    Pub. L. 100-204, title I, Sec. 181(d), Dec. 22, 1987, 101 Stat.
    1364; Pub. L. 101-167, title V, Sec. 586(b), Nov. 21, 1989, 103
    Stat. 1252; Pub. L. 101-246, title I, Sec. 143, Feb. 16, 1990, 104
    Stat. 36; Pub. L. 102-138, title I, Sec. 143(a), Oct. 28, 1991, 105
    Stat. 668; Pub. L. 103-415, Sec. 1(h)(2), Oct. 25, 1994, 108 Stat.
    4300; Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2313,
    Oct. 21, 1998, 112 Stat. 2681-827; Pub. L. 106-113, div. B, Sec.
    1000(a)(7) [div. A, title III, Sec. 328], Nov. 29, 1999, 113 Stat.
    1536, 1501A-438; Pub. L. 107-228, div. A, title III, Sec. 314(a),
    Sept. 30, 2002, 116 Stat. 1378.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-228, Sec. 314(a)(1), inserted
    "decide to" after "may".
      Subsec. (a)(2) to (6). Pub. L. 107-228, Sec. 314(a)(2), (3),
    added pars. (2) to (4) and struck out former pars. (2) to (6) which
    related to the rights of members of the Service to hearings before
    the Foreign Service Grievance Board prior to being separated from
    the Service, suspensions from the Service pending final resolution
    of the underlying matter, procedural rights of suspended members,
    review of suspensions by the Board, and leave without pay pending
    final resolution for members recommended for separation.
      1999 - Subsec. (a)(6). Pub. L. 106-113 added par. (6).
      1998 - Subsec. (a)(2). Pub. L. 105-277, in first sentence,
    substituted "Except in the case of an individual who has been
    convicted of a crime for which a sentence of imprisonment of more
    than 1 year may be imposed, a member" for "A member".
      1994 - Subsec. (a)(2). Pub. L. 103-415 inserted "(other than a
    United States citizen employed under section 3951 of this title who
    is not a family member)" after "A member of the Service".
      1991 - Subsec. (a)(3). Pub. L. 102-138, Sec. 143(a)(1),
    substituted "a member has been convicted of a crime" for "there is
    reasonable cause to believe that a member has committed a crime".
      Subsec. (a)(4)(A). Pub. L. 102-138, Sec. 143(a)(2), substituted
    "suspension" for "suspension, including the grounds for reasonable
    cause to believe a crime has been committed".
      Subsec. (a)(5). Pub. L. 102-138, Sec. 143(a)(3), substituted "the
    conviction requirements of subsection (a)(3) of this section have
    been fulfilled" for "there exists reasonable cause to believe a
    crime has been committed for which a sentence of imprisonment may
    be imposed".
      1990 - Subsec. (a)(2). Pub. L. 101-246 inserted before period at
    end of first sentence "or, notwithstanding section 4136(8) of this
    title, unless the member has been convicted of a crime related to
    the cause for separation, subject to reinstatement with back pay
    (for any period during which separation for cause had not been
    established by such a hearing) if such conviction is reversed on
    appeal" and inserted sentence at end that section 4140 of this
    title apply to proceedings under this paragraph.
      1989 - Subsec. (a)(3) to (5). Pub. L. 101-167 added pars. (3) to
    (5).
      1987 - Subsec. (a)(2). Pub. L. 100-204 inserted after first
    sentence "If such cause is not established at such hearing, the
    Grievance Board shall have the authority to direct the Department
    to pay reasonable attorneys fees to the extent and in the manner
    provided by section 4137(b)(5) of this title."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-204 not applicable with respect to any
    grievance in which the Board has issued a final decision pursuant
    to section 4137 of this title before Dec. 22, 1987, see section
    181(e) of Pub. L. 100-204, set out as a note under section 3946 of
    this title.

                         EXPEDITED SEPARATION OUT                     
      Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2311(b),
    Oct. 21, 1998, 112 Stat. 2681-826, provided that:
      "(1) Separation of lowest ranked foreign service members. - Not
    later than 90 days after the date of enactment of this Act [Oct.
    21, 1998], the Secretary of State shall develop and implement
    procedures to identify, and recommend for separation, any member of
    the Foreign Service ranked by promotion boards of the Department of
    State in the bottom 5 percent of his or her class for 2 or more of
    the 5 years preceding the date of enactment of this Act (in this
    subsection referred to as the 'years of lowest ranking') if the
    rating official for such member was not the same individual for any
    two of the years of lowest ranking.
      "(2) Special internal reviews. - In any case where the member was
    evaluated by the same rating official in any 2 of the years of
    lowest ranking, an internal review of the member's file shall be
    conducted to determine whether the member should be considered for
    action leading to separation.
      "(3) Procedures. - The Secretary of State shall develop
    procedures for the internal reviews required under paragraph (2)."

-CROSS-
                     DEFINITION OF "REASONABLE CAUSE"                 
      Section 586(c) of Pub. L. 101-167 provided that for purposes of
    amendments by section 586(a) and (b) of Pub. L. 101-167, which
    amended this section and section 4136 of this title, reasonable
    cause to believe that a member has committed a crime for which a
    sentence of imprisonment may be imposed was to be defined as a
    member of the Service having been convicted of, and sentence of
    imprisonment having been imposed for, a job-related crime, prior to
    repeal by Pub. L. 102-138, title I, Sec. 143(c), Oct. 28, 1991, 105
    Stat. 668.

-End-

-CITE-
    22 USC Sec. 4010a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4010a. Reductions in force

-STATUTE-
    (a) Authorization and regulations
      The Secretary may conduct reductions in force and shall prescribe
    regulations for the separation of members of the Service holding a
    career or career candidate appointment under subchapter III of this
    chapter, under such reductions in force which give due effect to
    the following:
        (1) Organizational changes.
        (2) Documented employee knowledge, skills, or competencies.
        (3) Tenure of employment.
        (4) Documented employee performance.
        (5) Military preference, subject to section 3501(a)(3) of title
      5.
    (b) Applicability of retirement benefits
      The provisions of section 4009 of this title shall be applicable
    to any member of the Service holding a career or career candidate
    appointment under subchapter III of this chapter, who is separated
    under the provisions of this section.
    (c) Grievance procedure
      An employee against whom action is taken under this section may
    elect either to file a grievance under subchapter XI of this
    chapter or to appeal to the Merit Systems Protection Board under
    procedures prescribed by the Board. Grievances under subchapter XI
    of this chapter shall be limited to cases of reprisal, interference
    in the conduct of an employee's official duties, or similarly
    inappropriate use of the authority of this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 611, as added Pub. L. 103-236, title
    I, Sec. 181(a)(2), Apr. 30, 1994, 108 Stat. 417; amended Pub. L.
    103-415, Sec. 1(ii), Oct. 25, 1994, 108 Stat. 4303.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 611 of Pub. L. 96-465 was renumbered section 612
    and is classified to section 4011 of this title.

                                AMENDMENTS                            
      1994 - Pub. L. 103-415 made technical amendment relating to style
    of section catchline.

       EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF
                              FOREIGN SERVICE
      Section 179 of Pub. L. 103-236, as amended by Pub. L. 103-415,
    Sec. 1(g), Oct. 25, 1994, 108 Stat. 4300, provided that:
      "(a) Referral System. - Certain members of the Foreign Service
    (as described in subsection (b)), may participate in the Office of
    Personnel Management's Interagency Placement programs or any
    successor program. Such members of the Foreign Service shall be
    treated in the same manner as employees participating in such a
    program as of the effective date of this Act [Apr. 30, 1994].
      "(b) Certain Members of the Foreign Service. - For purposes of
    this section, the term 'members of the Foreign Service' means any
    individuals holding career or career candidate appointments under
    chapter 3 of the Foreign Service Act of 1980 [22 U.S.C. 3941 et
    seq.]."

    CONSULTATION WITH DIRECTOR OF OFFICE OF PERSONNEL MANAGEMENT PRIOR
            TO PRESCRIBING REGULATIONS FOR REDUCTIONS IN FORCE
      Section 181(c) of Pub. L. 103-236, as amended by Pub. L. 103-415,
    Sec. 1(i), Oct. 25, 1994, 108 Stat. 4301, provided that: "The
    Secretary of State (or in the case of any other agency authorized
    by law to utilize the Foreign Service personnel system, the head of
    that agency) shall consult with the Director of the Office of
    Personnel Management before prescribing regulations for reductions
    in force under section 611 of the Foreign Service Act of 1980 [22
    U.S.C. 4010a] (as added by subsection (a) of this section), and
    shall publish such regulations."

-End-

-CITE-
    22 USC Sec. 4011                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4011. Termination of limited appointments

-STATUTE-
      Except as provided in section 4010(a)(2) of this title, the
    Secretary may terminate at any time the appointment of any member
    of the Service serving under a limited appointment who is in the
    Senior Foreign Service, who is assigned to a salary class in the
    Foreign Service Schedule or who is paid in accordance with section
    3967 of this title or is a United States citizen paid under a
    compensation plan under section 3968 of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 612, formerly Sec. 611, Oct. 17,
    1980, 94 Stat. 2099; renumbered Sec. 612 and amended Pub. L. 103-
    236, title I, Secs. 180(a)(7), 181(a)(1), Apr. 30, 1994, 108 Stat.
    416.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 612 of Pub. L. 96-465 was renumbered section 613
    and is classified to section 4012 of this title.

                                AMENDMENTS                            
      1994 - Pub. L. 103-236, Sec. 180(a)(7), substituted "or who is
    paid in accordance with section 3967 of this title or is a United
    States citizen paid under a compensation plan under section 3968 of
    this title." for ", or who is a family member of a Government
    employee serving under a local compensation plan established under
    section 3968 of this title."

-End-

-CITE-
    22 USC Sec. 4012                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4012. Termination of appointments of consular agents and
      foreign national employees

-STATUTE-
      (a) The Secretary of State may terminate at any time the
    appointment of any consular agent in light of the criteria and
    procedures normally followed in the locality in similar
    circumstances.
      (b) The Secretary may terminate at any time the appointment of
    any foreign national employee in light of the criteria and
    procedures normally followed in the locality in similar
    circumstances.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 613, formerly Sec. 612, Oct. 17,
    1980, 94 Stat. 2099; renumbered Sec. 613, Pub. L. 103-236, title I,
    Sec. 181(a)(1), Apr. 30, 1994, 108 Stat. 416.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 613 of Pub. L. 96-465 was renumbered section 614
    and is classified to section 4013 of this title.

-End-

-CITE-
    22 USC Sec. 4012a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4012a. Foreign national employees separation pay

-STATUTE-
    (a) Establishment
      There is established in the Treasury of the United States a fund
    to provide separation pay for foreign national employees of
    agencies of the United States Government, other than the Department
    of Defense.
    (b) Funding
      There shall be deposited in such account - 
        (1) all amounts previously obligated for accrued separation pay
      of foreign national employees of such agencies of the United
      States Government; and
        (2) amounts obligated for fiscal years after 1991 by such
      agencies for the current and future costs of separation pay of
      foreign national employees.
    (c) Availability
      Amounts shall be deposited in the fund annually and are
    authorized to be available until expended.
    (d) Expenditures from fund
      Amounts deposited in the fund shall be available for expenditure
    to make separation payments to foreign national employees in
    countries in which such pay is legally authorized.

-SOURCE-
    (Pub. L. 102-138, title I, Sec. 151, Oct. 28, 1991, 105 Stat. 672.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, and not as part of
    the Foreign Service Act of 1980 which comprises this chapter.

-End-

-CITE-
    22 USC Sec. 4013                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VI - PROMOTION AND RETENTION

-HEAD-
    Sec. 4013. Foreign Service awards

-STATUTE-
      The President shall establish a system of awards to confer
    appropriate recognition of outstanding contributions to the Nation
    by members of the Service. The awards system established under this
    section shall provide for presentation by the President and by the
    Secretary of medals or other suitable commendations for performance
    in the course of or beyond the call of duty which involves
    distinguished, meritorious service to the Nation, including
    extraordinary valor in the face of danger to life or health.
    Distinguished, meritorious service in the promotion of
    internationally recognized human rights, including the right to
    freedom of religion, shall serve as a basis for granting awards
    under this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 614, formerly Sec. 613, Oct. 17,
    1980, 94 Stat. 2099; renumbered Sec. 614, Pub. L. 103-236, title I,
    Sec. 181(a)(1), Apr. 30, 1994, 108 Stat. 416; amended Pub. L. 105-
    292, title V, Sec. 504(b), Oct. 27, 1998, 112 Stat. 2811.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-292 inserted at end "Distinguished,
    meritorious service in the promotion of internationally recognized
    human rights, including the right to freedom of religion, shall
    serve as a basis for granting awards under this section."

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, set out under section 3901 of this title.

-End-

-CITE-
    22 USC SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND
           ORIENTATION                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
      SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION  

-End-

-CITE-
    22 USC Sec. 4021                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4021. Institution for training

-STATUTE-
    (a) Institution or center for training
      The Secretary of State shall maintain and operate an institution
    or center for training (hereinafter in this subchapter referred to
    as the "institution"), originally established under section 701 of
    the Foreign Service Act of 1946, in order to promote career
    development within the Service and to provide necessary training
    and instruction in the field of foreign relations to members of the
    Service and to employees of the Department and of other agencies.
    The institution shall be headed by a Director, who shall be
    appointed by the Secretary of State. The institution shall be
    designated the "George P. Shultz National Foreign Affairs Training
    Center" (!1)

    (b) Provision of training
      To the extent practicable, the Secretary of State shall provide
    training under this subchapter which meets the needs of all
    agencies, and other agencies shall avoid duplicating the facilities
    and training provided by the Secretary of State through the
    institution and otherwise.
    (c) Training and instruction to citizens of Trust Territory of the
      Pacific Islands
      Training and instruction may be provided at the Institute (!2)
    for not to exceed sixty citizens of the Trust Territory of the
    Pacific Islands in order to prepare them to serve as members of the
    foreign services of the Federated States of Micronesia, the
    Marshall Islands, and Palau. The authority of this subsection shall
    expire when the Compact of Free Association is approved by the
    Congress.

    (d) Training and instruction of employees of foreign governments
      (1) The Secretary of State is authorized to provide for special
    professional foreign affairs training and instruction of employees
    of foreign governments through the institution.
      (2) Training and instruction under paragraph (1) shall be on a
    reimbursable or advance-of-funds basis. Such reimbursements or
    advances to the Department of State may be provided by an agency of
    the United States Government or by a foreign government and shall
    be credited to the currently available applicable appropriation
    account.
      (3) In making such training available to employees of foreign
    governments, priority consideration should be given to officials of
    newly emerging democratic nations and then to such other countries
    as the Secretary determines to be in the national interest of the
    United States.
    (e) Training or services for United States person
      (1) The Secretary may provide appropriate training or related
    services, except foreign language training, through the institution
    to any United States person (or any employee or family member
    thereof) that is engaged in business abroad.
      (2) The Secretary may provide job-related training or related
    services, including foreign language training, through the
    institution to a United States person under contract to provide
    services to the United States Government or to any employee thereof
    that is performing such services.
      (3) Training under this subsection may be provided only to the
    extent that space is available and only on a reimbursable or
    advance-of-funds basis. Reimbursements and advances shall be
    credited to the currently available applicable appropriation
    account.
      (4) Training and related services under this subsection is
    authorized only to the extent that it will not interfere with the
    institution's primary mission of training employees of the
    Department and of other agencies in the field of foreign relations.
      (5) In this subsection, the term "United States person" means - 
        (A) any individual who is a citizen or national of the United
      States; or
        (B) any corporation, company, partnership, association, or
      other legal entity that is 50 percent or more beneficially owned
      by citizens or nationals of the United States.
    (f) Programs for Members of Congress or the Judiciary
      (1) The Secretary is authorized to provide, on a reimbursable
    basis, training programs to Members of Congress or the Judiciary.
      (2) Employees of the legislative branch and employees of the
    judicial branch may participate, on a reimbursable basis, in
    training programs offered by the institution.
      (3) Reimbursements collected under this subsection shall be
    credited to the currently available applicable appropriation
    account.
      (4) Training under this subsection is authorized only to the
    extent that it will not interfere with the institution's primary
    mission of training employees of the Department and of other
    agencies in the field of foreign relations.
    (g) Applicability of section 4024 of this title
      The authorities of section 4024 of this title shall apply to
    training and instruction provided under this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 701, Oct. 17, 1980, 94 Stat. 2099;
    Pub. L. 98-164, title I, Sec. 126, Nov. 22, 1983, 97 Stat. 1026;
    Pub. L. 103-236, title I, Sec. 126(2), (3), Apr. 30, 1994, 108
    Stat. 393, 394; Pub. L. 103-415, Sec. 1(y), Oct. 25, 1994, 108
    Stat. 4302; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec.
    2205(a)(1), (3), Oct. 21, 1998, 112 Stat. 2681-808, 2681-809; Pub.
    L. 107-132, Sec. 1(a), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 107-
    228, div. A, title III, Sec. 318(2), Sept. 30, 2002, 116 Stat.
    1379.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 701 of the Foreign Service Act of 1946, referred to in
    subsec. (a), which was classified to section 1041 of this title,
    was repealed by Pub. L. 96-465, title II, Sec. 2205(1), Oct. 17,
    1980, 94 Stat. 2159.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-132 inserted at end "The
    institution shall be designated the 'George P. Shultz National
    Foreign Affairs Training Center' ".
      Subsecs. (d)(4) to (g). Pub. L. 107-228 repealed Pub. L. 105-277,
    Sec. 2205(a)(3). See 1998 Amendment notes below.
      1998 - Subsec. (d)(4). Pub. L. 105-277, Sec. 2205(a)(3)(B), which
    directed the redesignation of subsec. (g) as (d)(4), effective Oct.
    1, 2002, was repealed by Pub. L. 107-228, effective Sept. 30, 2002.
      Pub. L. 105-277, Sec. 2205(a)(1)(A), redesignated subsec. (d)(4)
    as (g).
      Subsecs. (e), (f). Pub. L. 105-277, Sec. 2205(a)(3)(A), which
    directed the striking out of subsecs. (e) and (f), effective Oct.
    1, 2002, was repealed by Pub. L. 107-228, effective Sept. 30, 2002.
      Pub. L. 105-277, Sec. 2205(a)(1)(B), added subsecs. (e) and (f).
      Subsec. (g). Pub. L. 105-277, Sec. 2205(a)(3)(B), which directed
    the redesignation of subsec. (g) as (d)(4), effective Oct. 1, 2002,
    was repealed by Pub. L. 107-228, effective Sept. 30, 2002.
      Pub. L. 105-277, Sec. 2205(a)(1)(A), redesignated subsec. (d)(4)
    as (g).
      1994 - Pub. L. 103-415 made technical amendment relating to style
    of section catchline.
      Pub. L. 103-236, Sec. 126(2)(A), substituted "Institution for
    training" for "Foreign Service Institute" as section catchline.
      Subsec. (a). Pub. L. 103-236, Sec. 126(2)(B), inserted heading,
    substituted "an institution or center for training (hereinafter in
    this subchapter referred to as the 'institution')" for "the Foreign
    Service Institute (hereinafter in this subchapter referred to as
    the 'Institute'),", and substituted "institution shall" for
    "Institute shall".
      Subsec. (b). Pub. L. 103-236, Sec. 126(3), substituted
    "institution" for "Institute".
      Subsec. (d). Pub. L. 103-236, Sec. 126(2)(C), added subsec. (d).
      1983 - Subsec. (c). Pub. L. 98-164 added subsec. (c).

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412,
    provided that: "Any reference in any provision of law to the
    National Foreign Affairs Training Center or the Foreign Service
    Institute shall be considered to be a reference to the 'George P.
    Shultz National Foreign Affairs Training Center'."

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2205(a)(2),
    Oct. 21, 1998, 112 Stat. 2681-809, provided that: "The amendments
    made by paragraph (1) [amending this section] shall take effect on
    October 1, 1998."
      Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2205(a)(3),
    Oct. 21, 1998, 112 Stat. 2681-809, which provided that the
    amendment made by section 2205(a)(3) was effective Oct. 1, 2002,
    was repealed by Pub. L. 107-228, div. A, title III, Sec. 318(2),
    Sept. 30, 2002, 116 Stat. 1379.

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-MISC3-
           DESIGNATION OF FOREIGN LANGUAGE RESOURCES COORDINATOR       
      Section 192 of Pub. L. 103-236 provided that:
      "(a) Policy. - It is the sense of the Congress that - 
        "(1) the Department of State, by virtue of the Secretary's
      overall responsibility under section 701(a) of the Foreign
      Service Act of 1980 (22 U.S.C. 4011(a) [22 U.S.C. 4021(a)]) for
      training and instruction in the field of foreign relations to
      meet the needs of all Federal agencies, should take the lead in
      this interagency effort; and
        "(2) in order to promote efficiency and quality in the training
      provided by the Secretary of State and other Federal agencies,
      the Secretary should call upon other agencies to share in the
      joint management and coordination of Federal foreign language
      resources.
      "(b) Foreign Language Resources Coordinator. - 
        "(1) The Secretary of State should appoint a Foreign Language
      Resources Coordinator (in this subsection referred to as the
      'Coordinator') who shall be responsible - 
          "(A) for coordinating the efforts of the appropriate agencies
        of Government - 
            "(i) to strengthen mechanisms for sharing of foreign
          language resources; and
            "(ii) to identify Federal foreign language resource
          requirements in the areas of diplomacy, military
          preparedness, international security, and other foreign
          policy objectives; and
          "(B) for making recommendations to the Secretary of State as
        to which Federal foreign language assets, if any, should be
        made available to the private sector in support of national
        global economic competitiveness goals.
        "(2) All appropriate United States Government agencies
      maintaining and utilizing Federal foreign language training and
      related resources shall cooperate fully with any Coordinator."

                   FOREIGN SERVICE INSTITUTE FACILITIES               
      Pub. L. 99-93, title I, Sec. 123, Aug. 16, 1985, 99 Stat. 413, as
    amended by Pub. L. 100-204, title I, Sec. 135, Dec. 22, 1987, 101
    Stat. 1345; Pub. L. 102-138, title I, Sec. 124, Oct. 28, 1991, 105
    Stat. 659; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec.
    2219(a)(3), Oct. 21, 1998, 112 Stat. 2681-817, provided that:
      "(a) Purpose. - The purpose of this section is to promote
    comprehensive training to meet the foreign relations and national
    security objectives of the United States and to provide facilities
    designed for that purpose to assure cost efficient training.
      "(b) Construction of Training Facilities. - The Administrator of
    General Services may construct a consolidated training facility for
    the Foreign Service Institute on a site made available by the
    Secretary of State or acquired by the Administrator of General
    Services. Such site shall be located outside the District of
    Columbia but within reasonable proximity to the Department of
    State. The Administrator of General Services may carry out this
    subsection only to the extent that funds are provided in advance in
    appropriation Acts to the Department of State and are transferred
    to the Administrator of General Services for carrying out this
    section.
      "(c) Use of Funds. - (1)(A) Of amounts authorized to be
    appropriated to the Department of State for fiscal years 1986 and
    1987 for 'Administration of Foreign Affairs' by section 101(1)
    [Pub. L. 99-93, Sec. 101(1), which is not classified to the Code],
    a total of not to exceed $11,000,000 may be transferred by the
    Secretary of State to the Administrator of General Services for
    carrying out feasibility studies, site acquisition, and design,
    architectural, and engineering planning under subsection (b) of
    this section.
      "(B) Of the amounts authorized to be appropriated to the
    Department of State for fiscal years beginning after September 30,
    1987, the Secretary of State may transfer a total not to exceed
    $11,000,000 for 'Administration of Foreign Affairs' to the
    Administrator of General Services for carrying out feasibility
    studies, site preparation, and design, architectural, and
    engineering planning under subsection (b).
      "(2) Of amounts authorized to be appropriated to the Department
    of State for fiscal years beginning after September 30, 1987, for
    'Administration of Foreign Affairs', a total not to exceed
    $70,000,000 may be transferred by the Secretary of State to the
    Administrator of General Services for carrying out construction
    under subsection (b) of this section.
      "(3) Funds may not be obligated for construction of a facility
    under this section before the end of the period of 30 days of
    continuous session of Congress beginning on the date on which plans
    and estimates developed to carry out this section are submitted to
    the Committees on Foreign Affairs and Public Works and
    Transportation of the House of Representatives and the Committees
    on Foreign Relations and Environment and Public Works of the
    Senate. In determining days of continuous session of Congress for
    purposes of this paragraph - 
        "(A) continuity of session is broken only by an adjournment of
      Congress sine die; and
        "(B) the days on which either House is not in session because
      of an adjournment of more than 3 days to a day certain are
      excluded in the determination.
    If both Houses of Congress are not in session on the day any plans
    and estimates are submitted to such committees, such submittal
    shall be deemed to have been submitted on the first succeeding day
    on which both Houses are in session. If all such committees do not
    receive a submittal on the same day, such period shall not begin
    until the date on which all such committees have received it.
      "(d) Jurisdiction and Custody. - The facility constructed under
    this section and the site of such facility shall be under
    jurisdiction and in the custody of the Administrator of General
    Services.
      "(e) Operation, Maintenance, Security, Alteration, and Repair. -
    (1) The Administrator of General Services shall delegate, in
    accordance with section 205 of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 486) [see 40 U.S.C.
    121 and Historical and Revision notes thereunder] and section 15 of
    the Public Buildings Act of 1959 (40 U.S.C. 614) [now 40 U.S.C.
    3313], to the Secretary of State responsibility for the operation,
    maintenance, and security of and alterations and repairs to the
    facility constructed pursuant to this section, provided the
    facility is used by the Secretary for the purposes authorized by
    this section.
      "[(2) Repealed. Pub. L. 105-277, div. G, subdiv. B, title XXII,
    Sec. 2219(a)(3), Oct. 21, 1998, 112 Stat. 2681-817.]
      "(f) Exemption From Payment of Charges. - (1) Except as provided
    in paragraph (2), the Department of State shall be exempt from the
    charges required by section 210(j) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 490(j)) [now 40
    U.S.C. 586(a), (b)] for the use of the facility constructed under
    this section for the Foreign Service Institute.
      "(2) The Administrator of General Services shall charge the
    Department of State under such section 210(j) for the costs of any
    operation, maintenance, repairs, or alterations of such facility
    carried out by the Administrator of General Services."

     LANGUAGE TRAINING FOR FAMILY MEMBERS OF FOREIGN SERVICE PERSONNEL 
      Pub. L. 95-105, title IV, Sec. 414, Aug. 17, 1977, 91 Stat. 857,
    as amended by Pub. L. 97-241, title V, Sec. 505(a)(3), (b)(1), Aug.
    24, 1982, 96 Stat. 299, provided that: "It is the sense of Congress
    that, in order to increase the effectiveness of United States
    diplomatic representation abroad, the Secretary of State should
    make greater use of his authority under section 701 of the Foreign
    Service Act of 1946 [former section 1041 of this title] in order to
    increase the language training opportunities available to the
    family members of Foreign Service personnel."

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.

    (!2) So in original. Probably should be "institution".

-End-

-CITE-
    22 USC Sec. 4022                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4022. Foreign language requirements

-STATUTE-
    (a) In general
      The Secretary shall establish foreign language proficiency
    requirements for members of the Service who are to be assigned
    abroad in order that Foreign Service posts abroad will be staffed
    by individuals having a useful knowledge of the language or dialect
    common to the country in which the post is located.
    (b) Training
      The Secretary of State shall arrange for appropriate language
    training of members of the Service by the institution or otherwise
    in order to assist in meeting the requirements established under
    subsection (a) of this section.
    (c) Report
      Not later than January 31 of each year, the Director General of
    the Foreign Service shall submit a report to the Committee on
    Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives summarizing the number of
    positions in each overseas mission requiring foreign language
    competence that - 
        (1) became vacant during the previous fiscal year; and
        (2) were filled by individuals having the required foreign
      language competence.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 702, Oct. 17, 1980, 94 Stat. 2099;
    Pub. L. 103-236, title I, Sec. 126(3), Apr. 30, 1994, 108 Stat.
    394; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,
    Sec. 208(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-422; Pub. L. 107-
    228, div. A, title III, Sec. 327, Sept. 30, 2002, 116 Stat. 1387.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-228 substituted "January 31" for
    "March 31" in introductory provisions and "fiscal year" for
    "calendar year" in par. (1).
      1999 - Subsec. (c). Pub. L. 106-113 added subsec. (c).
      1994 - Subsec. (b). Pub. L. 103-236 substituted "institution" for
    "Institute".

-End-

-CITE-
    22 USC Sec. 4023                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4023. Career development program

-STATUTE-
    (a) Establishment; primary attention and emphasis
      The Secretary shall establish a professional development program
    to assure that members of the Service obtain the skills and
    knowledge required at the various stages of their careers. With
    regard to Foreign Service officers, primary attention shall be
    given to training for career candidate officers and for midcareer
    officers, both after achieving tenure and as they approach
    eligibility for entry to the Senior Foreign Service, to enhance and
    broaden their qualifications for more senior levels of
    responsibility in the Service. Training for other members of the
    Service shall emphasize programs designed to enhance their
    particular skills and expert knowledge, including development of
    the management skills appropriate to their occupational categories.
    (b) Primary direction for Junior Foreign Service officer training
      and midcareer training
      Junior Foreign Service officer training shall be directed
    primarily toward providing expert knowledge in the basic functions
    of analysis and reporting as well as in consular, administrative,
    and linguistic skills relevant to the full range of future job
    assignments. Midcareer training shall be directed primarily toward
    development and perfection of management, functional, negotiating,
    and policy development skills to prepare the officers progressively
    for more senior levels of responsibility.
    (c) Purpose; completion of training as condition for placement or
      appointment
      At each stage the program of professional development should be
    designed to provide members of the Service with the opportunity to
    acquire skills and knowledge relevant to clearly established
    professional standards of expected performance. Career candidates
    should satisfactorily complete candidate training prior to
    attainment of career status. Members of the Service should
    satisfactorily complete midcareer training before appointment to
    the Senior Foreign Service.
    (d) University degree credit
      In formulating programs under this section, the Secretary should
    establish a system to provide, insofar as possible, credit toward
    university degrees for successful completion of courses comparable
    to graduate-level, university courses.
    (e) Institutions conducting training
      Training provided under this section shall be conducted by the
    Department and by other governmental and nongovernmental
    institutions as the Secretary may consider appropriate.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 703, Oct. 17, 1980, 94 Stat. 2100;
    Pub. L. 100-204, title I, Sec. 185(c)(1), Dec. 22, 1987, 101 Stat.
    1366.)

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (f). Pub. L. 100-204 struck out subsec. (f) which
    related to report to Congress and President.

-End-

-CITE-
    22 USC Sec. 4024                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4024. Functions of Secretary

-STATUTE-
    (a) Nature and correlation of training and instruction;
      encouragement of complementary programs; employment of personnel;
      acquisition of property and equipment
      In the exercise of functions under this subchapter, the Secretary
    of State may - 
        (1) provide for the general nature of the training and
      instruction to be furnished by the institution, including
      functional and geographic area specializations;
        (2) correlate training and instruction furnished by the
      institution with courses given at other Government institutions
      and at private institutions which furnish training and
      instruction useful in the field of foreign affairs;
        (3) encourage and foster programs complementary to those
      furnished by the institution, including through grants and other
      gratuitous assistance to nonprofit institutions cooperating in
      any of the programs under this subchapter;
        (4)(A) employ in accordance with the civil service laws such
      personnel as may be necessary to carry out the provisions of this
      subchapter, and
        (B) if and to the extent determined to be necessary by the
      Secretary of State, obtain without regard to the provisions of
      law governing appointments in the competitive service, by
      appointment or contract (subject to the availability of
      appropriations), the services of individuals to serve as language
      instructors, linguists, and other academic and training
      specialists (including, in the absence of suitably qualified
      United States citizens, qualified individuals who are not
      citizens of the United States); and
        (5) acquire such real and personal property and equipment as
      may be necessary for the establishment, maintenance, and
      operation of the facilities necessary to carry out the provisions
      of this subchapter without regard to section 5 of title 41 and
      section 252 of title 41.
    (b) Payment of salary, tuition, and other expenses; special
      monetary or other incentives
      In furtherance of the objectives of this chapter, the Secretary
    may - 
        (1) pay the tuition and other expenses of members of the
      Service and employees of the Department who are assigned or
      detailed in accordance with law for special instruction or
      training, including orientation, language, and career development
      training;
        (2) pay the salary (excluding premium pay or any special
      differential under section 3972 of this title) of members of the
      Service selected and assigned for training; and
        (3) provide special monetary or other incentives to encourage
      members of the Service to acquire or retain proficiency in
      foreign languages or special abilities needed in the Service.
    (c) Orientation and training for family members
      The Secretary may provide to family members of members of the
    Service or of employees of the Department or other agencies, in
    anticipation of their assignment abroad or while abroad - 
        (1) appropriate orientation and language training; and
        (2) functional training for anticipated prospective employment
      under section 3951 of this title.
    (d) Training and certification for employees performing consular
      functions
      (1) Before a United States citizen employee (other than a
    diplomatic or consular officer of the United States) may be
    designated by the Secretary of State, pursuant to regulation, to
    perform a consular function abroad, the United States citizen
    employee shall - 
        (A) be required to complete successfully a program of training
      essentially equivalent to the training that a consular officer
      who is a member of the Foreign Service would receive for purposes
      of performing such function; and
        (B) be certified by an appropriate official of the Department
      of State to be qualified by knowledge and experience to perform
      such function.

      (2) As used in this subsection, the term "consular function"
    includes the issuance of visas, the performance of notarial and
    other legalization functions, the adjudication of passport
    applications, the adjudication of nationality, and the issuance of
    citizenship documentation.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 704, Oct. 17, 1980, 94 Stat. 2100;
    Pub. L. 97-241, title I, Sec. 125(1), Aug. 24, 1982, 96 Stat. 281;
    Pub. L. 103-236, title I, Sec. 126(3), Apr. 30, 1994, 108 Stat.
    394; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2222(f),
    Oct. 21, 1998, 112 Stat. 2681-819.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
    as amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d). Pub. L. 105-277 added subsec. (d).
      1994 - Subsec. (a)(1) to (3). Pub. L. 103-236 substituted
    "institution" for "Institute".
      1982 - Subsec. (b)(2). Pub. L. 97-241 substituted "section 3972
    of this title" for "section 3971 of this title".

-End-

-CITE-
    22 USC Sec. 4025                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4025. Training grants

-STATUTE-
    (a) Family members attending approved programs of study;
      limitations
      To facilitate training provided to members of families of
    Government employees under this subchapter, the Secretary may make
    grants (by advance payment or by reimbursement) to family members
    attending approved programs of study. No such grant may exceed the
    amount actually expended for necessary costs incurred in
    conjunction with such attendance.
    (b) Compensation for individuals unable to participate in language
      training furnished by Government
      If a member of the Service who is assigned abroad, or a member of
    his or her family, is unable to participate in language training
    furnished by the Government through the institution or otherwise,
    the Secretary may compensate that individual for all or part of the
    costs of language training, related to the assignment abroad, which
    is undertaken at a public or private institution.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 705, Oct. 17, 1980, 94 Stat. 2101;
    Pub. L. 103-236, title I, Sec. 126(3), Apr. 30, 1994, 108 Stat.
    394.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-236 substituted "institution" for
    "Institute" after "through the".

-End-

-CITE-
    22 USC Sec. 4026                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4026. Career counseling

-STATUTE-
    (a) Facilitation of transition from Service
      In order to facilitate their transition from the Service, the
    Secretary may provide (by contract or otherwise, subject to the
    availability of appropriations) professional career counseling,
    advice, and placement assistance to members of the Service, and to
    former members of the Service who were assigned to receive
    counseling and assistance under this subsection before they were
    separated from the Service, other than those separated for cause.
    Career counseling and related services provided pursuant to this
    chapter shall not be construed to permit an assignment that
    consists primarily of paid time to conduct a job search and without
    other substantive duties for more than one month.
    (b) Facilitation of employment of spouses of members; establishment
      of family liaison office
      (1) The Secretary may facilitate the employment of spouses of
    members of the Service by - 
        (A) providing regular career counseling for such spouses;
        (B) maintaining a centralized system for cataloging their
      skills and the various governmental and nongovernmental
      employment opportunities available to them; and
        (C) otherwise assisting them in obtaining employment.

      (2) The Secretary shall establish a family liaison office to
    carry out this subsection and such other functions as the Secretary
    may determine.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 706, Oct. 17, 1980, 94 Stat. 2101;
    Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2314(a), Oct.
    21, 1998, 112 Stat. 2681-827.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-277 inserted at end "Career
    counseling and related services provided pursuant to this chapter
    shall not be construed to permit an assignment that consists
    primarily of paid time to conduct a job search and without other
    substantive duties for more than one month."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2314(b),
    Oct. 21, 1998, 112 Stat. 2681-828, provided that: "The amendment
    made by subsection (a) [amending this section] shall be effective
    180 days after the date of the enactment of this Act [Oct. 21,
    1998]."

-TRANS-
                      AUTHORITY OF SECRETARY OF STATE                  
      Except as otherwise provided, Secretary of State to have and
    exercise any authority vested by law in any official or office of
    Department of State and references to such officials or offices
    deemed to refer to Secretary of State or Department of State, as
    appropriate, see section 2651a of this title and section 161(d) of
    Pub. L. 103-236, set out as a note under section 2651a of this
    title.

-End-

-CITE-
    22 USC Sec. 4027                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4027. Visiting Scholars Program

-STATUTE-
    (a) Establishment of program
      There is authorized to be established at the institution a
    program whereby selected scholars would participate fully in the
    educational and training activities of the institution. This
    program may be referred to as the "Visiting Scholars Program".
    (b) Selection and appointment of scholars
      (1) Scholars participating in the Visiting Scholars Program shall
    be selected by a five-member board described in subsection (c) of
    this section.
      (2) Each visiting scholar shall serve a term of one year, except
    that such term may be extended for one additional one-year period.
    (c) Establishment of selection board
      The board referred to in subsection (b) of this section shall be
    composed of the Director of the institution, who shall serve as
    chairperson, and four other members appointed by the Secretary of
    State.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 707, as added Pub. L. 101-246, title
    I, Sec. 144(a), Feb. 16, 1990, 104 Stat. 36; amended Pub. L. 103-
    236, title I, Sec. 126(3), Apr. 30, 1994, 108 Stat. 394.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (a), (c). Pub. L. 103-236 substituted
    "institution" for "Foreign Service Institute" and "Institute" in
    subsec. (a) and "institution" for "Foreign Service Institute" in
    subsec. (c).

-End-

-CITE-
    22 USC Sec. 4028                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4028. Training for Foreign Service officers

-STATUTE-
      (a) The Secretary of State, with the assistance of other relevant
    officials, such as the Ambassador at Large for International
    Religious Freedom appointed under section 6411(b) of this title,
    the Director of the Office to Monitor and Combat Trafficking, and
    the director of the George P. Shultz National Foreign Affairs
    Training Center, shall establish as part of the standard training
    provided after January 1, 1999, for officers of the Service,
    including chiefs of mission, instruction in the field of
    internationally recognized human rights. Such training shall
    include - 
        (1) instruction on international documents and United States
      policy in human rights, which shall be mandatory for all members
      of the Service having reporting responsibilities relating to
      human rights and for chiefs of mission;
        (2) instruction on the internationally recognized right to
      freedom of religion, the nature, activities, and beliefs of
      different religions, and the various aspects and manifestations
      of violations of religious freedom; and
        (3) instruction on international documents and United States
      policy on trafficking in persons, including provisions of the
      Trafficking Victims Protection Act of 2000 (division A of Public
      Law 106-386; 22 U.S.C. 7101 et seq.) which may affect the United
      States bilateral relationships.

      (b) The Secretary of State shall provide sessions on refugee law
    and adjudications and on religious persecution to each individual
    seeking a commission as a United States consular officer. The
    Secretary shall also ensure that any member of the Service who is
    assigned to a position that may be called upon to assess requests
    for consideration for refugee admissions, including any consular
    officer, has completed training on refugee law and refugee
    adjudications in addition to the training required in this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 708, as added and amended Pub. L.
    105-292, title I, Sec. 104, title VI, Sec. 602(b), Oct. 27, 1998,
    112 Stat. 2795, 2812; Pub. L. 107-132, Sec. 2(b), Jan. 16, 2002,
    115 Stat. 2412; Pub. L. 109-164, title I, Sec. 104(d), Jan. 10,
    2006, 119 Stat. 3565.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Trafficking Victims Protection Act of 2000, referred to in
    subsec. (a)(3), is div. A of Pub. L. 106-386, Oct. 28, 2000, 114
    Stat. 1466, which is classified principally to chapter 78 (Sec.
    7101 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 7101 of
    this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-164 inserted ", the Director of
    the Office to Monitor and Combat Trafficking," after "section
    6411(b) of this title" in introductory provisions and added par.
    (3).
      2002 - Subsec. (a). Pub. L. 107-132 inserted "George P. Shultz"
    after "director of the" in introductory provisions.
      1998 - Pub. L. 105-292, Sec. 602(b), designated existing
    provisions as subsec. (a) and added subsec. (b).

-End-

-CITE-
    22 USC Sec. 4029                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VII - CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

-HEAD-
    Sec. 4029. Increased training in multilateral diplomacy

-STATUTE-
    (1) Statement of policy
      It shall be the policy of the United States that training courses
    should be established for Foreign Service Officers and civil
    service employees of the State Department, including appropriate
    chiefs of mission, on the conduct of multilateral diplomacy,
    including the conduct of negotiations at international
    organizations and multilateral institutions, negotiating skills
    that are required at multilateral settings, coalition-building
    techniques, and lessons learned from previous United States
    multilateral negotiations.
    (2) Personnel
      (A) In general
        The Secretary shall ensure that the training described in
      paragraph (1) is provided at various stages of the career of
      members of the Service.
      (B) Actions of the Secretary
        The Secretary shall ensure that - 
          (i) officers of the Service receive training on the conduct
        of diplomacy at international organizations and other
        multilateral institutions and at broad-based multilateral
        negotiations of international instruments as part of their
        training upon entry into the Service; and
          (ii) officers of the Service, including chiefs of mission,
        who are assigned to United States missions representing the
        United States to international organizations and other
        multilateral institutions or who are assigned in Washington,
        D.C., to positions that have as their primary responsibility
        formulation of policy toward such organizations and
        institutions or toward participation in broad-based
        multilateral negotiations of international instruments, receive
        specialized training in the areas described in paragraph (1)
        prior to beginning of service for such assignment or, if
        receiving such training at that time is not practical, within
        the first year of beginning such assignment.
    (3) Training for civil service employees
      The Secretary shall ensure that employees of the Department of
    State who are members of the civil service and who are assigned to
    positions described in paragraph (2) receive training described in
    paragraph (1) prior to the beginning of service for such assignment
    or, if receiving such training at such time is not practical,
    within the first year of beginning such assignment.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7111(c), Dec. 17, 2004, 118 Stat.
    3795.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the 9/11
    Commission Implementation Act of 2004, and not as part of the
    Foreign Service Act of 1980 which comprises this chapter.

-End-

-CITE-
    22 USC SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND
           DISABILITY                                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

-HEAD-
        SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY    

-End-

-CITE-
    22 USC Part I - Foreign Service Retirement and Disability
                     System                                01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
         PART I - FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM     

-End-

-CITE-
    22 USC Sec. 4041                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4041. Administration

-STATUTE-
      In accordance with such regulations as the President may
    prescribe, the Secretary of State shall administer the Foreign
    Service Retirement and Disability System (hereinafter in this part
    referred to as the "System"), originally established pursuant to
    section 18 of the Act of May 24, 1924 (43 Stat. 144).

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 801, Oct. 17, 1980, 94 Stat. 2102;
    Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.
    609.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 18 of the Act of May 24, 1924 (43 Stat. 144), referred to
    in text, which was classified to section 21 of this title, was
    repealed by act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(44), 60
    Stat. 1038.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-335 substituted "part" for "subchapter".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                              EFFECTIVE DATE                          
      Subchapter effective Feb. 15, 1981, except regarding the rights
    of former spouses to any annuity under section 4054(a) of this
    title or except to the extent provided in section 4159 of this
    title, regarding rights of former spouses to receive survivor
    annuities under this subchapter, see section 2403(a) and (e) of
    Pub. L. 96-465, set out as a note under section 3901 of this title.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under this section delegated to Secretary
    of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46
    F.R. 13969, set out as a note under section 3901 of this title.

-MISC2-
     TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES
                ENGAGING IN HOSTILE INTELLIGENCE ACTIVITIES
      Pub. L. 100-204, title I, Sec. 158, Dec. 22, 1987, 101 Stat.
    1355, provided that:
      "(a) Termination. - The Secretary of State shall exercise the
    authorities available to him to ensure that the United States does
    not provide, directly or indirectly, any retirement benefits of any
    kind to any present or former foreign national employee of a United
    States diplomatic or consular post against whom the Secretary has
    convincing evidence that such employee has engaged in intelligence
    activities directed against the United States. To the extent
    practicable, the Secretary shall provide due process in
    implementing this section.
      "(b) Waiver. - The Secretary of State may waive the applicability
    of subsection (a) on a case-by-case basis with respect to an
    employee if he determines that it is vital to the national security
    of the United States to do so and he reports such waiver to the
    appropriate committees of the Congress."

       TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN
                               PARTICIPANTS
      For temporary provisions providing modified contributions and
    procedures for members of the Service participating in the Foreign
    Service Retirement and Disability System who are also required to
    pay employment taxes relating to benefits under title II of the
    Social Security Act, 42 U.S.C. 401 et seq., until they are covered
    by a new Government retirement system or Jan. 1, 1986, whichever is
    earlier, see title II of Pub. L. 98-168, set out as a note under
    section 8331 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4042                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4042. Maintenance of Fund

-STATUTE-
      The Secretary of the Treasury shall maintain the special fund
    known as the Foreign Service Retirement and Disability Fund
    (hereinafter in this part referred to as the "Fund"), originally
    created by section 18 of the Act of May 24, 1924 (43 Stat. 144).

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 802, Oct. 17, 1980, 94 Stat. 2102;
    Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.
    609.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 18 of the Act of May 24, 1924 (43 Stat. 144), referred to
    in text, which was classified to section 21 of this title, was
    repealed by act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(44), 60
    Stat. 1038.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-335 substituted "part" for "subchapter".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4043                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4043. Participants

-STATUTE-
    (a) Career appointees or candidates; chiefs of mission
      Except as provided in subsection (d) of this section, the
    following members of the Service (hereinafter in this part referred
    to as "participants") shall be entitled to the benefits of the
    System:
        (1) Every member who is serving under a career appointment or
      as a career candidate under section 3946 of this title - 
          (A) in the Senior Foreign Service, or
          (B) assigned to a salary class in the Foreign Service
        Schedule.

        (2) Every chief of mission, who is not a participant under
      paragraph (1), who - 
          (A) has served as chief of mission for an aggregate period of
        20 years or more, and
          (B) has paid into the Fund a special contribution for each
        year of such service in accordance with section 4045 of this
        title.
    (b) Executive branch appointees
      Any otherwise eligible member of the Service who is appointed to
    a position in the executive branch by the President, by and with
    the advice and consent of the Senate, or by the President alone,
    shall not by virtue of the acceptance of such appointment cease to
    be eligible to participate in the System.
    (c) Binational Center Grantees
      In addition to the individuals who are participants in the System
    under subsection (a) of this section, any individual who was
    appointed as a Binational Center Grantee and who completed at least
    5 years of satisfactory service as such a grantee or under any
    other appointment under the Foreign Service Act of 1946 may become
    a participant in the System, and shall receive credit for such
    service if an appropriate special contribution is made to the Fund
    in accordance with section 4045(d) or (f) of this title.
    (d) Exclusion
      An individual subject to the Foreign Service Pension System
    (described in part II of this subchapter) is not a participant in
    this System.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 803, Oct. 17, 1980, 94 Stat. 2102;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), 414, June 6, 1986, 100
    Stat. 609, 614.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Service Act of 1946, referred to in subsec. (c), is
    act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as
    amended, which was classified principally to chapter 14 (Sec. 801
    et seq.) of this title, and was repealed by Pub. L. 96-465, title
    II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-335, Secs. 402(a)(2), 414(1),
    substituted "Except as provided in subsection (d) of this section,
    the" for "The" and "part" for "subchapter" in provisions preceding
    par. (1).
      Subsec. (d). Pub. L. 99-335, Sec. 414(2), added subsec. (d).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4044                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4044. Definitions

-STATUTE-
      As used in this part, unless otherwise specified, the term - 
        (1) "annuitant" means any individual, including a former
      participant or survivor, who meets all requirements for an
      annuity from the Fund under this chapter or any other Act and who
      has filed a claim for such annuity;
        (2) "child" means an individual - 
          (A) who - 
            (i) is an offspring or adopted child of the participant,
            (ii) is a stepchild or recognized natural child of the
          participant and who received more than one-half support from
          the participant, or
            (iii) lived with the participant, for whom a petition of
          adoption was filed by the participant, and who is adopted by
          the surviving spouse of the participant after the death of
          the participant;

          (B) who is unmarried; and
          (C) who - 
            (i) is under the age of 18 years,
            (ii) is a student under the age of 22 years (for purposes
          of this clause, an individual whose 22d birthday occurs
          before July 1 or after August 31 of the calendar year in
          which that birthday occurs, and while the individual is a
          student, is deemed to become 22 years of age on the first
          July 1 which occurs after that birthday), or
            (iii) is incapable of self-support because of a physical or
          mental disability which was incurred before the individual
          reached the age of 18 years;

        (3) "court" means any court of any State, the District of
      Columbia, the Commonwealth of Puerto Rico, Guam, the Northern
      Mariana Islands, or the Virgin Islands, and any Indian court as
      defined by section 1301(3) of title 25;
        (4) "court order" means any court decree of divorce or
      annulment, or any court order or court approved property
      settlement agreement incident to any court decree of divorce or
      annulment;
        (5) "Foreign Service normal cost" means the level percentage of
      payroll required to be deposited in the Fund to meet the cost of
      benefits payable under the System (computed in accordance with
      generally accepted actuarial practice on an entry-age basis) less
      the value of retirement benefits earned under another retirement
      system for Government employees and less the cost of credit
      allowed for military and naval service;
        (6) "former spouse" means a former wife or husband of a
      participant or former participant who was married to such
      participant for not less than 10 years during periods of service
      by that participant which are creditable under section 4056 of
      this title;
        (7) "Fund balance" means the sum of - 
          (A) the investments of the Fund calculated at par value, plus
          (B) the cash balance of the Fund on the books of the
        Treasury;

        (8) "lump-sum credit" means the compulsory and special
      contributions to the credit of a participant or former
      participant in the Fund plus interest on such contributions at 4
      percent a year compounded annually to December 31, 1976, and
      after such date, for a participant who separates from the Service
      after completing at least 1 year of civilian service and before
      completing 5 years of such service, at the rate of 3 percent per
      year to the date of separation (except that interest shall not be
      paid for a fractional part of a month in the total service or on
      compulsory and special contributions from an annuitant for recall
      service or other service performed after the date of separation
      which forms the basis for annuity);
        (9) "military and naval service" means honorable active service
      - 
          (A) in the Armed Forces of the United States,
          (B) in the Regular or Reserve Corps of the Public Health
        Service after June 30, 1960, or
          (C) as a commissioned officer of the National Oceanic and
        Atmospheric Administration, or a predecessor organization,
        after June 30, 1961,

      but does not include service in the National Guard except when
      ordered to active duty in the service of the United States;
        (10) "pro rata share", in the case of any former spouse of any
      participant or former participant, means a percentage which is
      equal to the percentage that (A) the number of years during which
      the former spouse was married to the participant during the
      creditable service (creditable under part I or II of this
      subchapter) of that participant is of (B) the total number of
      years of such creditable service (creditable under part I or II
      of this subchapter);
        (11) "spousal agreement" means any written agreement between - 
          (A) a participant or former participant; and
          (B) his or her spouse or former spouse;

        (12) "student" means a child regularly pursuing a full-time
      course of study or training in residence in a high school, trade
      school, technical or vocational institute, junior college,
      college, university, or comparable recognized educational
      institution (for purposes of this paragraph, a child who is a
      student shall not be deemed to have ceased to be a student during
      any period between school years, semesters, or terms if the
      period of nonattendance does not exceed 5 calendar months and if
      the child shows to the satisfaction of the Secretary of State
      that he or she has a bona fide intention of continuing to pursue
      his or her course of study during the school year, semester, or
      term immediately following such period);
        (13) "surviving spouse" means the surviving wife or husband of
      a participant or annuitant who was married to the participant or
      annuitant for at least 9 months immediately preceding his or her
      death or is a parent of a child born of the marriage, except that
      the requirement for at least 9 months of marriage shall be deemed
      satisfied in any case in which the participant or annuitant dies
      within the applicable 9-month period, if - 
          (A) the death of such participant or annuitant was
        accidental; or
          (B) the surviving spouse of such individual had been
        previously married to the individual and subsequently divorced
        and the aggregate time married is at least 9 months;

        (14) "unfunded liability" means the estimated excess of the
      present value of all benefits payable from the Fund under this
      part over the sum of - 
          (A) the present value of deductions to be withheld from the
        future basic salary of participants and of future agency
        contributions to be made on their behalf, plus
          (B) the present value of Government payments to the Fund
        under section 4061 of this title, plus
          (C) the Fund balance as of the date the unfunded liability is
        determined; and

        (15) "special agent" means an employee of the Department of
      State with a primary skill code of 2501 - 
          (A) the duties of whose position - 
            (i) are primarily - 
              (I) the investigation, apprehension, or detention of
            individuals suspected or convicted of offenses against the
            criminal laws of the United States; or
              (II) the protection of persons pursuant to section
            2709(a)(3) of this title against threats to personal
            safety; and

            (ii) are sufficiently rigorous that employment
          opportunities should be limited to young and physically
          vigorous individuals, as determined by the Secretary of State
          pursuant to section 4823 of this title;

          (B) performing duties described in subparagraph (A) before,
        on, or after November 13, 1998; or
          (C) transferred directly to a position which is supervisory
        or administrative in nature after performing duties described
        in subparagraph (A) for at least 3 years.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 804, Oct. 17, 1980, 94 Stat. 2102;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 403, 404(a), June
    6, 1986, 100 Stat. 609, 610; Pub. L. 100-238, title II, Sec. 211,
    Jan. 8, 1988, 101 Stat. 1773; Pub. L. 105-382, Sec. 2(a)(1), Nov.
    13, 1998, 112 Stat. 3406.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (1), was in the original "this
    Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as
    amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Par. (15). Pub. L. 105-382 added par. (15).
      1988 - Par. (13). Pub. L. 100-238, Sec. 211(1), which directed
    the amendment of par. (13) by striking out ", in the case of death
    in service or marriage after retirement," was executed by striking
    out ", in the case of a death in service or marriage after
    retirement," after "annuitant who", as the probable intent of
    Congress.
      Pub. L. 100-238, Sec. 211(2), (3), substituted "9 months" for
    "one year" and inserted before semicolon at end ", except that the
    requirement for at least 9 months of marriage shall be deemed
    satisfied in any case in which the participant or annuitant dies
    within the applicable 9-month period, if - 
        "(A) the death of such participant or annuitant was accidental;
      or
        "(B) the surviving spouse of such individual had been
      previously married to the individual and subsequently divorced
      and the aggregate time married is at least 9 months".
      1986 - Pub. L. 99-335, Sec. 402(a)(2), substituted "part" for
    "subchapter" in provision preceding par. (1).
      Par. (3). Pub. L. 99-335, Sec. 403, substituted ", the District
    of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern
    Mariana Islands, or the Virgin Islands, and any Indian court as
    defined in section 1301(3) of title 25" for "or of the District of
    Columbia".
      Par. (10). Pub. L. 99-335, Sec. 404(a), inserted "(creditable
    under part I or II of this subchapter)" after "creditable service"
    in two places.
      Par. (14). Pub. L. 99-335, Sec. 402(a)(3), inserted "under this
    part" after "payable from the Fund" in provision preceding subpar.
    (A).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-382, Sec. 4, Nov. 13, 1998, 112 Stat. 3409, as
    amended by Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.
    145(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-250, provided that:
      "(a) In General. - Except as provided in subsection (b), this Act
    [amending this section and sections 4045, 4046, 4052, 4071a, and
    4071d of this title and enacting provisions set out as a note under
    section 3901 of this title] and the amendments made by this Act - 
        "(1) shall take effect on the date of the enactment of this Act
      [Nov. 13, 1998]; and
        "(2) shall apply with respect to - 
          "(A) any individual first appointed on or after that date as
        a special agent who will have any portion of such individual's
        annuity computed in conformance with section 806(a)(6) of the
        Foreign Service Act [of 1980] [22 U.S.C. 4046(a)(6)]; and
          "(B) any individual making an election under subsection (b),
        subject to the provisions of such subsection.
      "(b) Election for Current Participants. - 
        "(1) Eligibility. - An election under this subsection may be
      made by any currently employed participant or participant who was
      serving as of January 1, 1997 under chapter 8 of the Foreign
      Service Act of 1980 [22 U.S.C. 4041 et seq.] who is serving or
      has served as a special agent, or by a survivor of a special
      agent who was eligible to make an election under this section.
        "(2) Effect of an election. - 
          "(A) In general. - If an individual makes an election under
        this subsection, the amendments made by this Act [amending this
        section and sections 4045, 4046, 4052, 4071a, and 4071d of this
        title] shall become applicable with respect to such individual,
        subject to subparagraph (B).
          "(B) Treatment of prior service. - 
            "(i) Special contribution. - An individual may, after
          making the election under this subsection, make a special
          contribution up to the full amount of the difference between
          the contributions actually deducted from pay for prior
          service and the deductions that would have been required if
          the amendments made by this Act had then been in effect. Any
          special contributions under this clause shall be computed
          under regulations based on section 805(d) of the Foreign
          Service Act of 1980 [22 U.S.C. 4045(d)] (as amended by
          section 2), including provisions relating to the computation
          of interest.
            "(ii) Actuarial reduction. - 
         "(I) Rule if the special contribution is paid. - If the full
          amount of the special contribution under clause (i) is paid,
          no reduction under this clause shall apply.
         "(II) Rule if less than the entire amount is paid. - If no
          special contribution under clause (i) is paid, or if less
          than the entire amount of such special contribution is paid,
          the recomputed annuity shall be reduced by an amount
          sufficient to make up the actuarial present value of the
          shortfall.
      "(c) Regulations and Notice. - Not later than 6 months after the
    date of the enactment of this Act [Nov. 13, 1998], the Secretary of
    State - 
        "(1) shall promulgate such regulations as may be necessary to
      carry out this Act; and
        "(2) shall take measures reasonably designed to provide notice
      to participants as to any rights they might have under this Act.
      "(d) Election Deadline. - An election under subsection (b) must
    be made not later than 90 days after the date on which the relevant
    notice under subsection (c)(2) is provided.
      "(e) Definition. - For purposes of this section, the term
    'special agent' has the meaning given such term under section
    804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as
    amended by section 2(a)."
      [Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 145(b)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-250, provided that: "The
    amendment made by this section [amending section 4 of Pub. L. 105-
    382, set out above] shall take effect on January 1, 2001."]

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4045                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4045. Contributions to Fund

-STATUTE-
    (a) Rates and sources; deposits in Fund
      (1) Except as otherwise provided in this section, 7.25 percent of
    the basic salary received by each participant shall be deducted
    from the salary and contributed to the Fund for the payment of
    annuities, cash benefits, refunds, and allowances. The contribution
    by the employing agency shall be a percentage of basic salary equal
    to the percentage in effect under section 7001(d)(1) of the
    Balanced Budget Act of 1997 (Public Law 105-33; 22 U.S.C. 4045
    note), and section 505(h) of the Department of Transportation and
    Related Agencies Appropriations Act, 2001 (as enacted by Public Law
    106-346; 114 Stat. 1356A-54), plus .25 percent of basic salary, and
    shall be made from the appropriations or fund used for payment of
    the salary of the participant. The employing agency shall deposit
    in the Fund the amounts deducted and withheld from basic salary and
    the amounts contributed by the employing agency.
      (2) Notwithstanding the percentage limitation contained in
    paragraph (1) of this subsection - 
        (A) the employing agency shall deduct and withhold from the
      basic pay of a Foreign Service criminal investigator/inspector of
      the Office of the Inspector General, Agency for International
      Development, who is qualified to have his annuity computed in the
      same manner as that of a law enforcement officer pursuant to
      section 8339(d) of title 5, an amount equal to that to be
      withheld from a law enforcement officer pursuant to section
      8334(a)(1) of title 5, plus an amount equal to .25 percent of
      basic pay. The amounts so deducted shall be contributed to the
      Fund for the payment of annuities, cash benefits, refunds, and
      allowances. An equal amount shall be contributed by the employing
      agency from the appropriations or fund used for payment of the
      salary of the participant. The employing agency shall deposit in
      the Fund the amount deducted and withheld from basic salary and
      amounts contributed by the employing agency.
        (B) The employing agency shall deduct and withhold from the
      basic pay of a Foreign Service criminal investigator/inspector of
      the Office of the Inspector General, Agency for International
      Development, who is qualified to have his annuity computed
      pursuant to section 8415(d) of title 5, an amount equal to that
      to be withheld from a law enforcement officer pursuant to section
      8422(a)(2)(B) (!1) of title 5, plus an amount equal to .25
      percent of basic pay. The amounts so deducted shall be
      contributed to the Fund for the payment of annuities, cash
      benefits, refunds, and allowances. An equal amount shall be
      contributed by the employing agency from the appropriations or
      fund used for payment of the salary of the participant. The
      employing agency shall deposit in the Fund the amounts deducted
      and withheld from basic salary and amounts contributed by the
      employing agency.

      (3) For service as a special agent, paragraph (1) shall be
    applied by substituting for "7 percent" the percentage that applies
    to law enforcement officers under section 8334(a)(1) of title 5,
    plus .25 percent.
    (b) Consent to deduction; discharge and acquittance of claims and
      demands
      Each participant shall be deemed to consent and agree to such
    deductions from basic salary. Payment less such deductions shall be
    a full and complete discharge and acquittance of all claims and
    demands whatsoever for all regular services during the period
    covered by such payment, except the right to the benefits to which
    the participant shall be entitled under this chapter,
    notwithstanding any law, rule, or regulation affecting the salary
    of the individual.
    (c) Transfer of contributions from other Government retirement fund
      (1) If a member of the Service who is under another retirement
    system for Government employees becomes a participant in the System
    by direct transfer, the total contributions and deposits of that
    member that would otherwise be refundable on separation (except
    voluntary contributions), including interest thereon, shall be
    transferred to the Fund effective as of the date such member
    becomes a participant in the System. Each such member shall be
    deemed to consent to the transfer of such funds, and such transfer
    shall be a complete discharge and acquittance of all claims and
    demands against the other Government retirement fund on account of
    service rendered by such member prior to becoming a participant in
    the System.
      (2) A member of the Service whose contributions are transferred
    to the Fund pursuant to paragraph (1) shall not be required to make
    additional contributions for periods of service for which required
    contributions were made to the other Government retirement fund;
    nor shall any refund be made to any such member on account of
    contributions made during any period to the other Government
    retirement fund at a higher rate than that fixed by subsection (d)
    of this section.
    (d) Contribution for civilian service; creditability of interim
      service
      (1) Any participant credited with civilian service after July 1,
    1924 - 
        (A) for which no retirement contributions, deductions, or
      deposits have been made, or
        (B) for which a refund of such contributions, deductions, or
      deposits has been made which has not been redeposited,

    may make a special contribution to the Fund. Special contributions
    for purposes of subparagraph (A) shall equal the following
    percentages of basic salary received for such service:

                                                             Percent of 
                                                            basic salary
    --------------------------------------------------------------------
    Time of service:                                                    
      July 1, 1924, through October 15, 1960, inclusive                5
      October 16, 1960, through December 31, 1969,                 6 1/2
       inclusive                                                        
      January 1, 1970, through December 31, 1998,                      7
       inclusive                                                        
      January 1, 1999, through December 31, 1999,                   7.25
       inclusive                                                        
      January 1, 2000, through December 31, 2000,                    7.4
       inclusive                                                        
      After December 31, 2000                                          7
    --------------------------------------------------------------------

    Special contributions for refunds under subparagraph (B) shall
    equal the amount of the refund received by the participant.
      (2) Notwithstanding paragraph (1), a special contribution for
    prior nondeposit service as a National Guard technician which would
    be creditable toward retirement under subchapter III of chapter 83
    of title 5, and for which a special contribution has not been made,
    shall be equal to the special contribution for such service
    computed in accordance with the schedule in paragraph (1)
    multiplied by the percentage of such service that is creditable
    under section 4056 of this title.
      (3) Special contributions under this subsection shall include
    interest computed from the midpoint of each service period included
    in the computation, or from the date refund was paid, to the date
    of payment of the special contribution or commencing date of
    annuity, whichever is earlier. (!2) Interest shall be compounded at
    the annual rate of 4 percent to December 31, 1976, and 3 percent
    thereafter. No interest shall be charged on special contributions
    for any period of separation from Government service which began
    before October 1, 1956. Special contributions may be paid in
    installments (including by allotment of pay) when authorized by the
    Secretary of State.

      (4) Notwithstanding the preceding provisions of this subsection
    and any provision of section 206(b)(3) of the Federal Employees'
    Retirement Contribution Temporary Adjustment Act of 1983, the
    percentage of basic pay required under this subsection in the case
    of a participant described in section 4071b(c) of this title shall,
    with respect to any covered service (as defined by section
    203(a)(3) of such Act) performed by such individual after December
    31, 1983, and before January 1, 1987, be equal to 1.3 percent.
      (5) Notwithstanding paragraph (1), a special contribution for
    past service as a Foreign Service criminal investigator/inspector
    of the Office of the Inspector General, Agency for International
    Development which would have been creditable toward retirement
    under either section 8336(c) or 8412(d) of title 5, and for which a
    special contribution has not been made shall be equal to the
    difference between the amount actually contributed pursuant to
    either this section or section 4071e of this title and the amount
    that should have been contributed pursuant to either section 8334
    or 8422 of title 5.
      (6) Subject to paragraph (4) and subsection (h) of this section,
    for purposes of applying this subsection with respect to prior
    service as a special agent, the percentages of basic pay set forth
    in section 8334(c) of title 5, with respect to a law enforcement
    officer, shall apply instead of the percentages set forth in
    paragraph (1).
    (e) Contribution for military or naval service
      (1) Subject to paragraph (5), each participant who has performed
    military or naval service before the date of separation on which
    the entitlement to any annuity under this part is based may pay to
    the Secretary a special contribution equal to 7 percent of the
    amount of the basic pay paid under section 204 of title 37, to the
    participant for each period of military or naval service after
    December 1956. The amount of such payments shall be based on such
    evidence of basic pay for military service as the participant may
    provide or if the Secretary determines sufficient evidence has not
    been so provided to adequately determine basic pay for military or
    naval service, such payment shall be based upon estimates of such
    basic pay provided to the Department under paragraph (4).
      (2) Any deposit made under paragraph (1) of this subsection more
    than two years after the later of - 
        (A) October 17, 1983, or
        (B) the date on which the participant making the deposit first
      became a participant in a Federal staff retirement system for
      civilian employees, - 

    shall include interest on such amount computed and compounded
    annually beginning on the date of the expiration of the two-year
    period. The interest rate that is applicable in computing interest
    in any year under this paragraph shall be equal to the interest
    rate that is applicable for such year under subsection (d) of this
    section.
      (3) Any payment received by the Secretary under this section
    shall be remitted to the Fund.
      (4) The Secretary of Defense, the Secretary of Transportation,
    the Secretary of Commerce, or the Secretary of Health and Human
    Services, as appropriate, shall furnish such information to the
    Secretary as the Secretary may determine to be necessary for the
    administration of this subsection.
      (5) Effective with respect to any period of military or naval
    service after December 31, 1998, the percentage of basic pay under
    section 204 of title 37 payable under paragraph (1) shall be equal
    to the same percentage as would be applicable under section 8334(c)
    of title 5 for that same period for service as an employee.
    (f) Exemption for certain military or naval service
      Contributions shall only be required to obtain credit for periods
    of military or naval service to the extent provided under
    subsection (e) of this section and section 4056(a) of this title,
    except that credit shall be allowed in the absence of contributions
    to individuals of Japanese ancestry under section 4056 of this
    title for periods of internment during World War II.
    (g) Time of payment; offset against initial annuity accruals
      A participant or survivor may make a special contribution at any
    time before receipt of annuity and may authorize payment by offset
    against initial annuity accruals.
    (h) Computation of contributions for participants with certain
      creditable civilian service
      Effective with respect to pay periods beginning after December
    31, 1986, in administering this section with respect to a
    participant described in section 4071b(c) of this title whose
    service is employment for the purposes of title II of the Social
    Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26,
    contributions to the Fund and interest thereon shall be computed as
    if section 8334(k) of title 5 were applicable.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 805, Oct. 17, 1980, 94 Stat. 2104;
    Ex. Ord. No. 12446, Sec. 4(a), Oct. 17, 1983, 48 F.R. 48444; Pub.
    L. 99-335, title IV, Secs. 402(a)(2), 405, June 6, 1986, 100 Stat.
    609, 610; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
    Pub. L. 100-238, title II, Sec. 212, Jan. 8, 1988, 101 Stat. 1773;
    Pub. L. 102-499, Sec. 4(a), (b), Oct. 24, 1992, 106 Stat. 3265;
    Pub. L. 105-33, title VII, Sec. 7001(d)(2)(C), (D), Aug. 5, 1997,
    111 Stat. 660, 661; Pub. L. 105-382, Sec. 2(b), (c), Nov. 13, 1998,
    112 Stat. 3407; Pub. L. 106-346, Sec. 101(a) [title V, Sec.
    505(d)(2)], Oct. 23, 2000, 114 Stat. 1356, 1356A-53; Pub. L. 107-
    228, div. A, title III, Sec. 322(a)(2), Sept. 30, 2002, 116 Stat.
    1384.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48
    F.R. 48443, set out as a note under section 4067 of this title,
    provided that the second sentence of subsec. (d)(3) of this
    section, applicable (i) to contributions for civilian service
    performed on or after the first day of Nov. 1983, (ii) to
    contributions for prior refunds to participants for which
    application is received by the employing agency on and after such
    first day of Nov. 1983, and (iii) to excess contributions under
    section 4055(h) of this title and voluntary contributions under
    section 4065(a) of this title from the first day of Nov. 1983, is
    deemed to be amended to provide that interest shall be compounded
    at the annual rate of 3 percent per annum through December 31,
    1984, and thereafter at a rate equal to the overall average yield
    to the Fund during the preceding fiscal year from all obligations
    purchased by the Secretary of the Treasury during such fiscal year
    under section 4059 of this title, as determined by the Secretary of
    the Treasury.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 505(h) of the Department of Transportation and Related
    Agencies Appropriations Act, 2001, referred to in subsec. (a)(1),
    is section 101(a) [title V, Sec. 505(h)] of Pub. L. 106-346, which
    is set out as a note below.
      Section 8422(a)(2) of title 5, referred to in subsec. (a)(2)(B),
    was amended by Pub. L. 105-33, title VII, Sec. 7001(b)(1)(A), Aug.
    5, 1997, 111 Stat. 657, by striking out par. (2) and adding a new
    par. (2). As so amended, section 8422(a)(2)(B) of Title 5,
    Government Organization and Employees, no longer specifies the
    amount to be withheld from the basic pay of a law enforcement
    officer. However, provisions relating to the amount to be withheld
    from the basic pay of a law enforcement officer are contained
    elsewhere in section 8422.
      Sections 206(b)(3) and 203(a)(3) of the Federal Employees'
    Retirement Contribution Temporary Adjustment Act of 1983, referred
    to in subsec. (d)(4), are set out as a note under section 8331 of
    Title 5, Government Organization and Employees.
      The Social Security Act, referred to in subsec. (h), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
    Security Act is classified generally to subchapter II (Sec. 401 et
    seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-228, Sec. 322(a)(2)(C), which
    directed amendment of par. (1) by substituting "employing agency"
    for "Department" wherever appearing, was executed by making the
    substitution in two places in the last sentence but not in the
    second sentence where "Department" appears before "of
    Transportation and Related Agencies Appropriations Act, 2001", to
    reflect the probable intent of Congress.
      Pub. L. 107-228, Sec. 322(a)(2)(A), substituted "7.25 percent"
    for "7 percent" and "The contribution by the employing agency shall
    be a percentage of basic salary equal to the percentage in effect
    under section 7001(d)(1) of the Balanced Budget Act of 1997 (Public
    Law 105-33; 22 U.S.C. 4045 note), and section 505(h) of the
    Department of Transportation and Related Agencies Appropriations
    Act, 2001 (as enacted by Public Law 106-346; 114 Stat. 1356A-54),
    plus .25 percent of basic salary, and shall be made" for "An equal
    amount shall be contributed by the Department".
      Subsec. (a)(2)(A), (B). Pub. L. 107-228, Sec. 322(a)(2)(C),
    substituted "employing agency" for "Department" wherever appearing.
      Pub. L. 107-228, Sec. 322(a)(2)(B), which directed amendment of
    subpars. (A) and (B) by inserting ", plus an amount equal to .25
    percent of basic pay" at end of first sentence, was executed by
    making the insertion before the period at end of first sentence to
    reflect the probable intent of Congress.
      Subsec. (a)(3). Pub. L. 107-228, Sec. 322(a)(2)(D), which
    directed amendment of par. (3) by inserting ", plus .25 percent" at
    the end of the first sentence, was executed by making the insertion
    before the period at end of first sentence, to reflect the probable
    intent of Congress.
      2000 - Subsec. (d)(1). Pub. L. 106-346, in table in concluding
    provisions, substituted item relating to service period after
    December 31, 2000, for items relating to service periods January 1,
    2001, through December 31, 2002; and after December 31, 2002.
      1998 - Subsec. (a)(1). Pub. L. 105-382, Sec. 2(b)(2), substituted
    "Except as otherwise provided in this section," for "Except as
    provided in subsection (h) of this section,".
      Subsec. (a)(3). Pub. L. 105-382, Sec. 2(b)(1), added par. (3).
      Subsec. (d)(6). Pub. L. 105-382, Sec. 2(c), added par. (6).
      1997 - Subsec. (d)(1). Pub. L. 105-33, Sec. 7001(d)(2)(C), in
    table in concluding provisions, inserted items relating to service
    periods January 1, 1970, through December 31, 1998; January 1,
    1999, through December 31, 1999; January 1, 2000, through December
    31, 2000; January 1, 2001, through December 31, 2002; and after
    December 31, 2002, and struck out former item relating to service
    period on and after January 1, 1970.
      Subsec. (e)(1). Pub. L. 105-33, Sec. 7001(d)(2)(D)(i),
    substituted "Subject to paragraph (5), each" for "Each".
      Subsec. (e)(5). Pub. L. 105-33, Sec. 7001(d)(2)(D)(ii), added
    par. (5).
      1992 - Subsec. (a). Pub. L. 102-499, Sec. 4(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d)(5). Pub. L. 102-499, Sec. 4(b), added par. (5).
      1988 - Subsec. (d)(1). Pub. L. 100-238, in concluding provisions,
    substituted "Fund. Special contributions for purposes of
    subparagraph (A) shall equal" for "Fund equal to" and inserted
    "Special contributions for refunds under subparagraph (B) shall
    equal the amount of the refund received by the participant."
      1986 - Subsec. (a). Pub. L. 99-335, Sec. 405(a)(1), inserted
    "Except as provided in subsection (h) of this section," before "7
    percent".
      Subsec. (d)(4). Pub. L. 99-335, Sec. 405(b), added par. (4).
      Subsec. (e)(1). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter".
      Subsec. (h). Pub. L. 99-514 substituted "Internal Revenue Code of
    1986" for "Internal Revenue Code of 1954", which for purposes of
    codification was translated as "title 26" thus requiring no change
    in text.
      Pub. L. 99-335, Sec. 405(a)(2), added subsec. (h).
      1983 - Subsecs. (e) to (g). Ex. Ord. No. 12446 added subsecs. (e)
    and (f), struck out former subsec. (e), and redesignated former
    subsec. (f) as (g). Prior to amendment, subsec. (e) read as
    follows: "Contributions shall not be required for any period of
    military and naval service or for any period for which credit is
    allowed to individuals of Japanese ancestry under section 4056 of
    this title for periods of internment during World War II."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-228, div. A, title III, Sec. 322(c)(2), Sept. 30,
    2002, 116 Stat. 1385, provided that: "The amendments made by
    subsections (a)(2) [amending this section] and (b)(2) [amending
    section 4071e of this title] shall take effect with the first pay
    period beginning on or after the date that is 90 days after the
    date of enactment of this Act [Sept. 30, 2002]."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-346 effective upon the close of calendar
    year 2000 and applicable thereafter, see section 101(a) [title V,
    Sec. 505(i)] of Pub. L. 106-346, set out as a note under section
    8334 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with
    provisions relating to applicability with respect to certain
    individuals, see section 4 of Pub. L. 105-382, as amended, set out
    as a note under section 4044 of this title.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section
    7001(f) of Pub. L. 105-33, set out as a note under section 8334 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see
    section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of
    this title.

      FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM CONTRIBUTIONS,
                       DEDUCTIONS, AND WITHHOLDINGS
      Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(h)], Oct. 23,
    2000, 114 Stat. 1356, 1356A-54, provided that: "Notwithstanding any
    provision of section 805(a) of the Foreign Service Act of 1980 (22
    U.S.C. 4045(a)), during the period beginning on October 1, 2002,
    through December 31, 2002, each agency employing a participant in
    the Foreign Service Retirement and Disability System shall
    contribute to the Foreign Service Retirement and Disability Fund - 
        "(1) 7.5 percent of the basic pay of each participant covered
      under section 805(a)(1) of such Act participating in the Foreign
      Service Retirement and Disability System; and
        "(2) 8 percent of the basic pay of each participant covered
      under paragraph (2) or (3) of section 805(a) of such Act
      participating in the Foreign Service Retirement and Disability
      System,
    in lieu of the agency contribution otherwise required under section
    805(a) of such Act."
      Section 7001(d)(1)-(2)(B) of Pub. L. 105-33, as amended by Pub.
    L. 106-346, Sec. 101(a) [title V, Sec. 505(d)(1)], Oct. 23, 2000,
    114 Stat. 1356, 1356A-53, provided that:
      "(1) Agency contributions. - Notwithstanding section 805(a)(1)
    and (2) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)
    and (2)), during the period beginning on October 1, 1997, through
    September 30, 2002, each agency employing a participant in the
    Foreign Service Retirement and Disability System shall contribute
    to the Foreign Service Retirement and Disability Fund - 
        "(A) 8.51 percent of the basic pay of each participant covered
      under section 805(a)(1) of such Act participating in the Foreign
      Service Retirement and Disability System; and
        "(B) 9.01 percent of the basic pay of each participant covered
      under section 805(a)(2) of such Act participating in the Foreign
      Service Retirement and Disability System;
    in lieu of the agency contribution otherwise required under section
    805(a)(1) and (2) of such Act.
      "(2) Individual deductions, withholdings, and deposits. - 
        "(A) In general. - Notwithstanding section 805(a)(1) of the
      Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)), beginning on
      January 1, 1999, through December 31, 2000, the amount withheld
      and deducted from the basic pay of a participant in the Foreign
      Service Retirement and Disability System shall be as follows:

                       "7.25           January 1, 1999, to December 31, 
                                        1999.                           
                       "7.4            January 1, 2000, to December 31, 
                                        2000.                           
    --------------------------------------------------------------------

        "(B) Foreign service criminal investigators/inspectors of the
      office of the inspector general, agency for international
      development. - Notwithstanding section 805(a)(2) of the Foreign
      Service Act of 1980 (22 U.S.C. 4045(a)(2)), beginning on January
      1, 1999, through December 31, 2000, the amount withheld and
      deducted from the basic pay of an eligible Foreign Service
      criminal investigator/inspector of the Office of the Inspector
      General, Agency for International Development participating in
      the Foreign Service Retirement and Disability System shall be as
      follows:

                       "7.75           January 1, 1999, to December 31, 
                                        1999.                           
                       "7.9            January 1, 2000, to December 31, 
                                        2000."                          
    --------------------------------------------------------------------

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See Amendment of Section note below.

-End-

-CITE-
    22 USC Sec. 4046                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4046. Computation of annuities

-STATUTE-
    (a) (!1) Measurements; reduction for special contributions; Foreign
      Service investigator/inspectors

      (1) The annuity of a participant shall be equal to 2 percent of
    his or her average basic salary for the highest 3 consecutive years
    of service multiplied by the number of years, not exceeding 35, of
    service credit obtained in accordance with sections 4056 and 4057
    of this title, except that the highest 3 years of service shall be
    used in computing the annuity of any participant who serves an
    assignment in a position, as described in section 3942(b) of this
    title, to which the participant was appointed by the President and
    whose continuity of service in that position is interrupted prior
    to retirement by appointment or assignment to any other position
    determined by the Secretary of State to be of comparable
    importance. In determining the aggregate period of service upon
    which the annuity is to be based, the fractional part of a month,
    if any, shall not be counted. The annuity shall be reduced by 10
    percent of any special contribution described in section 4045(d) of
    this title which is due for service for which no contributions were
    made and which remains unpaid unless the participant elects to
    eliminate the service involved for purposes of annuity computation.
      (2) Notwithstanding the percentage limitation contained in
    paragraph (1) of this subsection - 
        (A) utilizing the definition of average pay contained in
      section 8331(4) of title 5, the annuity of a Foreign Service
      criminal investigator/inspector of the Office of the Inspector
      General, Agency for International Development, who was appointed
      to a law enforcement position, as defined in section 8331(20) of
      title 5, prior to January 1, 1984, and would have been eligible
      to retire pursuant to section 8336(c) of that title, after
      attaining 50 years of age and completing 20 years as a law
      enforcement officer had the employee remained in the civil
      service shall be computed in the same manner as that of a law
      enforcement officer pursuant to section 8339(d) of that title,
      except as provided in paragraph (3); and
        (B) the annuity of a Foreign Service criminal
      investigator/inspector of such office, who was appointed to a law
      enforcement position as defined in section 8401(17) of that title
      on or after January 1, 1984, and who would have been eligible to
      retire pursuant to section 8412(d) of that title, after attaining
      50 years of age and completing 20 years of service as such a law
      enforcement officer, had the employee remained in the civil
      service, shall be computed in the same manner as that of a law
      enforcement officer pursuant to section 8415(d) of that title.

      (3) The annuity of a Foreign Service investigator/inspector of
    the Office of the Inspector General, Agency for International
    Development, appointed to a law enforcement position prior to
    January 1, 1984, who exercised election rights under section 4071i
    of this title, shall be computed as follows: for the period prior
    to election the annuity shall be computed in accordance with
    section 8339(d) of title 5; for the period following election the
    annuity shall be computed in accordance with section 8415(d) of
    that title.
      (4) All service in a law enforcement position, as defined in
    section 8331(20) or 8401(17) of that title, as applicable, in any
    agency or combination of agencies shall be included in the
    computation of time for purposes of this paragraph.
      (5) The annuity of a Foreign Service criminal
    investigator/inspector of the Office of the Inspector General of
    the Agency for International Development who has not completed 20
    years of service as a law enforcement officer, as defined in
    section 8331(20) or 8401(17) of that title, shall be computed in
    accordance with paragraph (1).
      (6)(A) The annuity of a special agent under this part shall be
    computed under paragraph (1) except that, in the case of a special
    agent described in subparagraph (B), paragraph (1) shall be applied
    by substituting for "2 percent" - 
        (i) the percentage under subparagraph (A) of section 8339(d)(1)
      of title 5 for so much of the participant's total service as is
      specified thereunder; and
        (ii) the percentage under subparagraph (B) of section
      8339(d)(1) of title 5 for so much of the participant's total
      service as is specified thereunder.

      (B) A special agent described in this subparagraph is any such
    agent or former agent who - 
        (i)(I) retires voluntarily or involuntarily under section 4007,
      4008, 4010a, 4051, 4052, or 4053 of this title, under conditions
      authorizing an immediate annuity, other than for cause on charges
      of misconduct or delinquency, or retires for disability under
      section 4048 of this title; and
        (II) at the time of retirement - 
          (aa) if voluntary, is at least 50 years of age and has
        completed at least 20 years of service as a special agent; or
          (bb) if involuntary or disability, has completed at least 20
        years of service as a special agent; or

        (ii) dies in service after completing at least 20 years of
      service as a special agent, when an annuity is payable under
      section 4049 of this title.

      (C) For purposes of subparagraph (B), included with the years of
    service performed by an individual as a special agent shall be any
    service performed by such individual as a law enforcement officer
    (within the meaning of section 8331(20) or section 8401(17) of
    title 5), or a member of the Capitol Police.
      (7) In the case of a special agent who becomes or became subject
    to part II of this subchapter - 
        (A) for purposes of paragraph (6)(B), any service performed by
      the individual as a special agent (whether under this part or
      under part II of this subchapter), as a law enforcement officer
      (within the meaning of section 8331(20) or section 8401(17) of
      title 5), or as a member of the Capitol Police shall be
      creditable; and
        (B) if the individual satisfies paragraph (6)(B), the portion
      of such individual's annuity which is attributable to service
      under the Foreign Service Retirement and Disability System or the
      Civil Service Retirement System shall be computed in conformance
      with paragraph (6).

      (8) For purposes of paragraphs (2), (3), (4), and (6) of this
    subsection, the term "basic pay" includes pay as provided in
    accordance with section 3972 of this title or section 5545(c)(2) of
    title 5.
      (9) For purposes of any annuity computation under this
    subsection, the basic salary or basic pay of any member of the
    Service whose official duty station is outside the continental
    United States shall be considered to be the salary or pay that
    would have been paid to the member had the member's official duty
    station been Washington, D.C., including locality-based
    comparability payments under section 5304 of title 5 that would
    have been payable to the member if the member's official duty
    station had been Washington, D.C.
    (b) Married participants
      (1)(A) Except to the extent provided otherwise under a written
    election under subparagraph (B) or (C), if at the time of
    retirement a participant or former participant is married (or has a
    former spouse who has not remarried before attaining age 60), the
    participant shall receive a reduced annuity and provide a survivor
    annuity for his or her spouse under this subsection or former
    spouse under section 4054(b) of this title, or a combination of
    such annuities, as the case may be.
      (B) At the time of retirement, a married participant or former
    participant and his or her spouse may jointly elect in writing to
    waive a survivor annuity for that spouse under this section (or
    under section 4054(b) of this title if the spouse later qualifies
    as a former spouse under section 4044(6) of this title), or to
    reduce such survivor annuity under this section (or section 4054(b)
    of this title) by designating a portion of the annuity of the
    participant as the base for the survivor benefit. In the event the
    marriage is dissolved following an election for such a reduced
    annuity and the spouse qualifies as a former spouse, the base used
    in calculating any annuity of the former spouse under section
    4054(b) of this title may not exceed the portion of the
    participant's annuity designated under this subparagraph.
      (C) If a participant or former participant has a former spouse,
    the participant and such former spouse may jointly elect by spousal
    agreement under section 4060(b)(1) of this title to waive a
    survivor annuity under section 4054(b) of this title for that
    former spouse if the election is made (i) before the end of the 24-
    month period after the divorce or annulment involving that former
    spouse becomes final or (ii) at the time of retirement, whichever
    occurs first.
      (D) The Secretary of State may prescribe regulations under which
    a participant or former participant may make an election under
    subparagraph (B) or (C) without the participant's spouse or former
    spouse if the participant establishes to the satisfaction of the
    Secretary of State that the participant does not know, and has
    taken all reasonable steps to determine, the whereabouts of the
    spouse or former spouse.
      (2) The annuity of a participant or former participant providing
    a survivor benefit under this section (or section 4054(b) of this
    title), excluding any portion of the annuity not designated or
    committed as a base for any survivor annuity, shall be reduced by 2
    1/2  percent of the first $3,600 plus 10 percent of any amount over
    $3,600. The reduction under this paragraph shall be calculated
    before any reduction under section 4054(a)(5) of this title.
      (3)(A) If a former participant entitled to receive a reduced
    annuity under this subsection dies and is survived by a spouse, a
    survivor annuity shall be paid to the surviving spouse equal to 55
    percent of the full amount of the participant's annuity computed
    under subsection (a) of this section, or 55 percent of any lesser
    amount elected as the base for the survivor benefit under paragraph
    (1)(B).
      (B) Notwithstanding subparagraph (A), the amount of the annuity
    calculated under subparagraph (A) for a surviving spouse in any
    case in which there is also a surviving former spouse of the
    participant who qualifies for an annuity under section 4054(b) of
    this title may not exceed 55 percent of the portion (if any) of the
    base for survivor benefits which remains available under section
    4054(b)(4)(B) of this title.
      (C) An annuity payable from the Fund under this part to a
    surviving spouse under this paragraph shall commence on the day
    after the participant dies and shall terminate on the last day of
    the month before the surviving spouse's death or remarriage before
    attaining age 60. If such a survivor annuity is terminated because
    of remarriage, it shall be restored at the same rate commencing on
    the date such remarriage is terminated if any lump sum paid upon
    termination of the annuity is returned to the Fund.
    (c) Surviving children
      (1) If an annuitant who was a participant dies and is survived by
    a spouse or a former spouse who is the natural or adoptive parent
    of a surviving child of the annuitant and by a child or children,
    in addition to the annuity payable to the surviving spouse, there
    shall be paid to or on behalf of each child an annuity equal to the
    smaller of - 
        (A) $900, or
        (B) $2,700 divided by the number of children.

      (2) If an annuitant who was a participant dies and is not
    survived by a spouse or a former spouse who is the natural or
    adoptive parent of a surviving child of the annuitant but by a
    child or children, each surviving child shall be paid an annuity
    equal to the smaller of - 
        (A) $1,080, or
        (B) $3,240 divided by the number of children.

      (3) The amounts specified in this subsection are subject to - 
        (A) cost-of-living adjustments as specified under section
      4066(c)(3) of this title, and
        (B) the minimum specified in subsection (l)(2) of this section.
    (d) Recomputation for remaining children
      On the death of the surviving spouse or former spouse or
    termination of the annuity of a child, the annuity of any other
    child or children shall be recomputed and paid as though the
    spouse, former spouse, or child had not survived the participant.
    If the annuity to a surviving child who has not been receiving an
    annuity is initiated or resumed, the annuities of any other
    children shall be recomputed and paid from that date as though the
    annuities to all currently eligible children in the family were
    then being initiated.
    (e) Payment period for child
      The annuity payable to a child under subsection (c) or (d) of
    this section shall begin on the day after the participant dies, or
    if the child is not then qualified, on the first day of the month
    in which the child becomes eligible. The annuity of a child shall
    terminate on the last day of the month which precedes the month in
    which eligibility ceases.
    (f) Unmarried participants
      At the time of retirement an unmarried participant who does not
    have a former spouse for whose benefit a reduction is made under
    subsection (b) of this section may elect to receive a reduced
    annuity and to provide for an annuity equal to 55 percent of the
    reduced annuity payable after his or her death to a beneficiary
    whose name is designated in writing to the Secretary of State. The
    annuity payable to a participant making such election shall be
    reduced by 10 percent of an annuity computed under subsection (a)
    of this section and by 5 percent of an annuity so computed for each
    full 5 years the designated beneficiary is younger than the
    retiring participant, but such total reduction shall not exceed 40
    percent. No such election of a reduced annuity payable to a
    beneficiary shall be valid until the participant has satisfactorily
    passed a physical examination as prescribed by the Secretary of
    State. The annuity payable to a beneficiary under this subsection
    shall begin on the day after the annuitant dies and shall terminate
    on the last day of the month preceding the death of the
    beneficiary. An annuity which is reduced under this subsection (or
    any similar prior provision of law) shall, effective the first day
    of the month following the death of the beneficiary named under
    this subsection, be recomputed and paid as if the annuity had not
    been so reduced.
    (g) Marriage after retirement
      A participant or former participant who was unmarried at
    retirement and who later marries may, within one year after such
    marriage, irrevocably elect in writing to receive a reduced annuity
    and to provide a survivor annuity for the spouse (if such spouse
    qualifies as a surviving spouse under section 4044(13) of this
    title). Receipt by the Secretary of State of notice of an election
    under this subsection voids prospectively any election previously
    made under subsection (f) of this section. The reduction in annuity
    required by an election under this subsection shall be computed and
    the amount of the survivor annuity shall be determined in
    accordance with subsections (b)(2) and (3) of this section. The
    annuity reduction or recomputation shall be effective the first day
    of the month beginning one year after the date of marriage.
    (h) Election of benefits
      A surviving spouse or surviving former spouse of any participant
    or former participant shall not become entitled to a survivor
    annuity or to the restoration of a survivor annuity payable from
    the Fund under this part unless the survivor elects to receive it
    instead of any other survivor annuity to which he or she may be
    entitled under this or any other retirement system for Government
    employees on the basis of a marriage to someone other than that
    participant.
    (i) Reversion to retired status
      (1) Any married annuitant who reverts to retired status with
    entitlement to a supplemental annuity under section 4063 of this
    title shall, unless the annuitant and his or her spouse jointly
    elect in writing to the contrary at that time, have the
    supplemental annuity reduced by 10 percent to provide a
    supplemental survivor annuity for his or her spouse. Such
    supplemental survivor annuity shall be equal to 55 percent of the
    supplemental annuity of the annuitant and shall be payable to a
    surviving spouse to whom the annuitant was married at the time of
    reversion to retired status or whom the annuitant subsequently
    married.
      (2) The Secretary of State shall issue regulations to provide for
    the application of paragraph (1) of this subsection and of section
    4063 of this title in any case in which an annuitant has a former
    spouse who was married to the participant at any time during a
    period of recall service and who qualifies for an annuity under
    this part.
    (j) Recomputation upon dissolution of marriage; election after
      remarriage
      An annuity which is reduced under this section or any similar
    prior provision of law to provide a survivor benefit for a spouse
    shall, if the marriage of the participant to such spouse is
    dissolved, be recomputed and paid for each full month during which
    an annuitant is not married (or is remarried if there is no
    election in effect under the following sentence) as if the annuity
    had not been so reduced, subject to any reduction required to
    provide a survivor benefit under section 4054(b) or (c) of this
    title. Upon remarriage the retired participant may irrevocably
    elect, by means of a signed writing received by the Secretary
    within one year after such remarriage, to receive during such
    marriage a reduction in annuity for the purpose of allowing an
    annuity for the new spouse of the annuitant in the event such
    spouse survives the annuitant. Such reduction shall be equal to the
    reduction in effect immediately before the dissolution of the
    previous marriage (unless such reduction is adjusted under section
    4054(b)(5) of this title), and shall be effective the first day of
    the first month beginning one year after the date of remarriage. A
    survivor annuity elected under this subsection shall be treated in
    all respects as a survivor annuity under subsection (b) of this
    section.
    (k) Informing of rights by Secretary
      The Secretary of State shall, on an annual basis - 
        (1) inform each participant of his or her right of election
      under subsections (g) and (j) of this section; and
        (2) to the maximum extent practicable, inform spouses or former
      spouses of participants or former participants of their rights
      under this section and section 4054 of this title.
    (l) Repealed. Pub. L. 100-238, title II, Sec. 217(c)(1), Jan. 8,
      1988, 101 Stat. 1775
    (m) Offset of Social Security benefits
      The retirement, disability, or survivor annuity payable to any
    person based on the service of an individual subject to section
    4045(h) of this title beginning with the first day of the month for
    which such person first becomes - 
        (1) eligible for an annuity under this part based on the
      service of such individual, and
        (2) entitled, or would, upon proper application, be entitled to
      old age, disability, or survivor benefits under title II of the
      Social Security Act [42 U.S.C. 401 et seq.], based on the service
      of such individual under this part,

    shall be computed as if section 8349 of title 5 were applicable.
    (n) 18-month period to elect survivor annuity
      (1)(A) A participant - 
        (i) who, at the time of retirement, is married; and
        (ii) who elects at such time (in accordance with subsection (b)
      of this section) to waive a survivor annuity,

    may, during the 18-month period beginning on the date of the
    retirement of such participant, elect to have a reduction under
    subsection (b) of this section made in the annuity of the
    participant (or in such portion thereof as the participant may
    designate) in order to provide a survivor annuity for the spouse of
    such participant.
      (B) A participant - 
        (i) who, at the time of retirement, is married, and
        (ii) who at such time designates (in accordance with subsection
      (b) of this section) that a limited portion of the annuity of
      such participant is to be used as the base for a survivor
      annuity,

    may, during the 18-month period beginning on the date of the
    retirement of such participant, elect to have a greater portion of
    the annuity of such participant so used.
      (2)(A) An election under subparagraph (A) or (B) of paragraph (1)
    of this subsection shall not be considered effective unless the
    amount specified in subparagraph (B) of this paragraph is deposited
    into the Fund before the expiration of the applicable 18-month
    period under paragraph (1).
      (B) The amount to be deposited with respect to an election under
    this subsection is an amount equal to the sum of - 
        (i) the additional cost to the System which is associated with
      providing a survivor annuity under subsection (b) of this section
      and results from such election taking into account (I) the
      difference (for the period between the date on which the annuity
      of the former participant commences and the date of the election)
      between the amount paid to such former participant under this
      part and the amount which would have been paid if such election
      had been made at the time the participant or former participant
      applied for the annuity, and (II) the costs associated with
      providing the later election; and
        (ii) interest on the additional cost determined under clause
      (i)(I) of this subparagraph computed using the interest rate
      specified or determined under section 4045(d)(3) of this title
      for the calendar year in which the amount to be deposited is
      determined.

      (3) An election by a participant under this subsection voids
    prospectively any election previously made in the case of such
    participant under subsection (b) of this section.
      (4) An annuity which is reduced in connection with an election
    under this subsection shall be reduced by the same percentage
    reductions as were in effect at the time of the retirement of the
    participant whose annuity is so reduced.
      (5) Rights and obligations resulting from the election of a
    reduced annuity under this subsection shall be the same as the
    rights and obligations which would have resulted had the
    participant involved elected such annuity at the time of retiring.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 806, Oct. 17, 1980, 94 Stat. 2106;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 406, 407, June 6,
    1986, 100 Stat. 609-611; Pub. L. 99-556, title IV, Sec. 402, Oct.
    27, 1986, 100 Stat. 3136; Pub. L. 100-238, title II, Secs. 213,
    214(a), 217(c)(1), Jan. 8, 1988, 101 Stat. 1774, 1775; Pub. L. 101-
    513, title V, Sec. 587(a), Nov. 5, 1990, 104 Stat. 2055; Pub. L.
    102-499, Sec. 4(d), Oct. 24, 1992, 106 Stat. 3266; Pub. L. 105-382,
    Sec. 2(d)(1)-(3)(A), Nov. 13, 1998, 112 Stat. 3407, 3408; Pub. L.
    107-228, div. A, title III, Sec. 322(a)(1), Sept. 30, 2002, 116
    Stat. 1383.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Section 1(b) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48
    F.R. 48443, set out as a note under section 4067 of this title,
    provided that subsection (a) of this section, applicable (i) to
    contributions for civilian service performed on or after the first
    day of Nov. 1983, (ii) to contributions for prior refunds to
    participants for which application is received by the employing
    agency on and after such first day of Nov. 1983, and (iii) to
    excess contributions under section 4055(h) of this title and
    voluntary contributions under section 4065(a) of this title from
    the first day of Nov. 1983, is deemed to be amended to exclude from
    the computation of creditable civilian service under section
    4056(a) of this title any period of civilian service for which
    retirement deductions or contributions have not been made under
    section 4045(d) of this title unless - 
      (1) the participant makes a contribution for such period as
    provided in such section 4045(d) of this title; or
      (2) no contribution is required for such service as provided
    under section 4045(f) of this title as deemed to be amended by this
    Order, or under any other statute.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (m)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
    Social Security Act is classified generally to subchapter II (Sec.
    401 et seq.) of chapter 7 of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    section 1305 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(9). Pub. L. 107-228 added par. (9).
      1998 - Subsec. (a)(6). Pub. L. 105-382, Sec. 2(d)(1), added par.
    (6). Former par. (6) redesignated (7).
      Subsec. (a)(7). Pub. L. 105-382, Sec. 2(d)(2)(B), added par. (7).
    Former par. (7) redesignated (8).
      Subsec. (a)(8). Pub. L. 105-382, Sec. 2(d)(2)(A), (3)(A),
    redesignated par. (7) as (8) and substituted "(4), and (6)" for
    "and (4)".
      1992 - Subsec. (a)(6). Pub. L. 102-499 substituted "section
    5545(c)(2)" for "section 5545(a)(2)".
      1990 - Subsec. (a). Pub. L. 101-513 designated existing
    provisions as par. (1) and added pars. (2) to (6).
      1988 - Subsec. (b)(1)(C). Pub. L. 100-238, Sec. 213(a),
    substituted "24-month" for "12-month".
      Subsec. (c)(1), (2). Pub. L. 100-238, Sec. 214(a)(1), inserted
    "or a former spouse who is the natural or adoptive parent of a
    surviving child of the annuitant" after "survived by a spouse".
      Subsec. (d). Pub. L. 100-238, Sec. 214(a)(2), amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "If a surviving spouse dies or the annuity of a child is
    terminated, the annuities of any remaining children shall be
    recomputed and paid as though such spouse or child had not survived
    the participant."
      Subsec. (i)(2). Pub. L. 100-238, Sec. 213(b), substituted "this
    part" for "section 4054(b) of this title".
      Subsec. (l). Pub. L. 100-238, Sec. 217(c)(1), struck out subsec.
    (l) which set minimum rates for annuities paid under this part.
      1986 - Subsecs. (b)(3)(C), (h). Pub. L. 99-335, Sec. 402(a)(3),
    inserted "under this part" after "payable from the Fund".
      Subsec. (l)(1), (2). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter".
      Subsec. (m). Pub. L. 99-556, Sec. 402, amended subsec. (m)
    generally. Prior to amendment, subsec. (m) read as follows: "The
    annuity or survivor annuity payable to any individual subject to
    section 4045(h) of this title beginning with the first month for
    which such individual both - 
        "(1) attains the minimum age for old-age benefits under title
      II of the Social Security Act, and
        "(2) first becomes entitled, or would upon proper application
      become entitled, for disability or survivor benefits under title
      II of the Social Security Act based on the service of any
      individual under this part,
    shall be computed as if section 8349 of title 5 were applicable."
      Pub. L. 99-335, Sec. 406, added subsec. (m).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-228, div. A, title III, Sec. 322(c)(1), Sept. 30,
    2002, 116 Stat. 1385, provided that: "The amendments made by
    subsections (a)(1) [amending this section] and (b)(1) [amending
    section 4071d of this title] shall apply to service performed on or
    after the first day of the first pay period beginning on or after
    the date that is 90 days after the date of enactment of this Act
    [Sept. 30, 2002]."
      Subsec. (n). Pub. L. 99-335, Sec. 407, added subsec. (n).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with
    provisions relating to applicability with respect to certain
    individuals, see section 4 of Pub. L. 105-382, as amended, set out
    as a note under section 4044 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 408 of title IV of Pub. L. 99-556 provided that: "This
    title and the amendments made by this title [enacting section 4069
    of this title and amending this section and sections 4064, 4071c,
    4071d, and 4071j of this title] shall take effect on January 1,
    1987. The amendment made by section 403 [amending section 4064 of
    this title] shall apply to any individual in a reemployed status on
    or after January 1, 1987."
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.
      Section 417 of Pub. L. 99-335 provided that:
      "(a) Regulations. - Notwithstanding section 702 of this Act [5
    U.S.C. 8401 note], the authority of the Secretary of State to issue
    regulations under subchapter II of title 8 [probably means
    subchapter II of chapter 8 of title I] of the Foreign Service Act
    of 1980 [part II of this subchapter] shall take effect on the date
    of enactment of this Act [June 6, 1986].
      "(b) 18-Month Period to Elect Survivor Annuity. - (1)
    Notwithstanding section 702 of this Act, the amendment made by
    section 407 [enacting subsec. (n) of this section] shall take
    effect 3 months after the date of enactment of this Act.
      "(2)(A) Subject to subparagraph (B), the amendment made by
    section 407 shall apply with respect to participants and former
    participants who retire before, on, or after such amendment first
    takes effect.
      "(B) For the purpose of applying the provisions of paragraph (1)
    of section 806(n) of the Foreign Service Act of 1980 (as added by
    section 407) to former participants who retire before the date on
    which the amendment first takes effect - 
        "(i) the period referred to in subparagraph (A) or (B) of such
      paragraph (as the case may be) shall be considered to begin on
      the date on which such amendment first becomes effective; and
        "(ii) the amount referred to in paragraph (2) of such section
      806(n) shall be computed without regard to the provisions of
      subparagraph (B)(ii) of such paragraph (relating to interest).
      "(3) For purposes of this subsection, the term 'participant' has
    the meaning given that term in section 803 of the Foreign Service
    Act of 1980 (22 U.S.C. 4043)."

     ELECTION TO PROVIDE SURVIVOR ANNUITY FOR CERTAIN SPOUSES ACQUIRED
           BEFORE EFFECTIVE DATE OF FOREIGN SERVICE ACT OF 1980
      Section 203 of title II of Pub. L. 100-238 provided that:
      "(a) Election. - A former participant who married his or her
    current spouse before the effective date of the Foreign Service Act
    of 1980 [see Effective Date note set out under section 3901 of this
    title] and who married such spouse after retirement under the
    Foreign Service Retirement and Disability System and who was unable
    to provide a survivor annuity for such spouse because - 
        "(1) the participant was married at the time of retirement and
      elected not to provide a survivor annuity for that spouse at the
      time of retirement, or
        "(2) subject to subsection (e), the participant failed to
      notify the Secretary of State of the participant's post-
      retirement marriage within one year after the marriage,
    may make the election described in subsection (b).
      "(b) Election Described. - 
        "(1) The election referred to in subsection (a) is an election
      in writing - 
          "(A) to provide for a survivor annuity for such spouse under
        section 806(g) of the Foreign Service Act of 1980 (22 U.S.C.
        4046(g));
          "(B) to have his or her annuity reduced under section
        806(b)(2) of such Act; and
          "(C) to deposit in the Foreign Service Retirement and
        Disability Fund an amount determined by the Secretary of State,
        as nearly as may be administratively feasible, to reflect the
        amount by which such participant's annuity would have been
        reduced had the election been continuously in effect since the
        annuity commenced, plus interest computed under paragraph (2).
        "(2) For the purposes of paragraph (1), the annual rate of
      interest shall be 6 percent for each year during which the
      annuity would have been reduced if the election had been in
      effect on and after the date the annuity commenced.
      "(c) Offset. - If the participant does not make the deposit
    referred to in subsection (b)(1)(C), the Secretary of State shall
    collect such amount by offset against such participant's annuity,
    up to a maximum of 25 percent of the net annuity otherwise payable
    to such participant. Such participant is deemed to consent to such
    offset.
      "(d) Notice. - The Secretary of State shall provide for notice to
    the general public of the right to make an election under this
    section.
      "(e) Proof of Attempted Election. - In any case in which
    subsection (a)(2) applies, the retired employee or Member shall
    provide the Secretary of State with such documentation as the
    Secretary of State shall decide is appropriate, to show that such
    participant attempted to elect a reduced annuity with survivor
    benefit for his or her current spouse and that such election was
    rejected by the Secretary of State because it was untimely filed.
      "(f) Deposit. - A deposit required by this subsection may be made
    by the surviving spouse of the participant.
      "(g) Limitation. - The election authorized in subsection (a) may
    only be made within one year after the date of enactment of this
    title [Jan. 8, 1988] in accordance with procedures prescribed by
    the Secretary of State.
      "(h) Definitions. - For the purposes of this section, the terms
    'participant' and 'surviving spouse' have the same meaning given
    such terms in subchapter I of chapter 8 of the Foreign Service Act
    of 1980 [this part]."

-FOOTNOTE-
    (!1) See Amendment of Section note below.

-End-

-CITE-
    22 USC Sec. 4047                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4047. Payment of annuity

-STATUTE-
    (a) Commencement of annuity
      (1) Except as otherwise provided in paragraph (2), the annuity of
    a participant who has met the eligibility requirements for an
    annuity shall commence on the first day of the month after - 
        (A) separation from the Service occurs; or
        (B) pay ceases and the service and age requirements for
      entitlement to annuity are met.

      (2) The annuity of - 
        (A) a participant who is retired and is eligible for benefits
      under section 4009(a) of this title or a participant who is
      retired under section 4053 of this title or is otherwise
      involuntarily separated from the Service, except by removal for
      cause on charges of misconduct or delinquency,
        (B) a participant retiring under section 4048 of this title due
      to a disability, and
        (C) a participant who serves 3 days or less in the month of
      retirement - 

    shall commence on the day after separation from the Service or the
    day after pay ceases and the requirements for entitlement to
    annuity are met.
    (b) Survivor's annuity; application; proof of eligibility; payment
      to estate
      The annuity to a survivor shall become effective as otherwise
    specified but shall not be paid until the survivor submits an
    application for such annuity, supported by such proof of
    eligibility as the Secretary of State may require. If such
    application or proof of eligibility is not submitted during the
    lifetime of an otherwise eligible individual, no annuity shall be
    due or payable to his or her estate.
    (c) Waiver
      An individual entitled to annuity from the Fund may decline to
    accept all or any part of the annuity by submitting a signed waiver
    to the Secretary of State. The waiver may be revoked in writing at
    any time. Payment of the annuity waived may not be made for the
    period during which the waiver was in effect.
    (d) Recovery of overpayment
      Recovery of overpayments under this part may not be made from an
    individual when, in the judgment of the Secretary of State, the
    individual is without fault and recovery would be against equity
    and good conscience or administratively infeasible.
    (e) Alternate forms of annuities
      (1) The Secretary of State shall prescribe regulations under
    which any participant who has a life-threatening affliction or
    other critical medical condition may, at the time of retiring under
    this part (other than under section 4048 of this title), elect
    annuity benefits under this section instead of any other benefits
    under this part (including survivor benefits) based on the service
    of the participant.
      (2) Subject to paragraph (3), the Secretary of State shall by
    regulation provide for such alternative forms of annuities as the
    Secretary considers appropriate, except that among the alternatives
    offered shall be - 
        (A) an alternative which provides for - 
          (i) payment of the lump-sum credit (excluding interest) to
        the participant; and
          (ii) payment of an annuity to the participant for life; and

        (B) in the case of a participant who is married at the time of
      retirement, an alternative which provides for - 
          (i) payment of the lump-sum credit (excluding interest) to
        the participant; and
          (ii) payment of an annuity to the participant for life, with
        a survivor annuity payable for the life of a surviving spouse.

      (3) Each alternative provided for under paragraph (2) shall, to
    the extent practicable, be designed such that the total value of
    the benefits provided under such alternative (including any lump-
    sum credit) is actuarially equivalent to the value of the annuity
    which would otherwise be provided the participant under this part,
    as computed under section 4046(a) of this title.
      (4) A participant who, at the time of retiring under this part - 
        (A) is married, shall be ineligible to make an election under
      this section unless a waiver is made under section 4046(b)(1)(B)
      of this title; or
        (B) has a former spouse, shall be ineligible to make an
      election under this section if the former spouse is entitled to
      benefits under this part (based on the service of the
      participant) unless a waiver has been made under section
      4046(b)(1)(C) of this title.

      (5) A participant who is married at the time of retiring under
    this part and who makes an election under this section may, during
    the 18-month period beginning on the date of retirement, make the
    election provided for under section 4046(n) of this title, subject
    to the deposit requirement thereunder.
      (6) Notwithstanding any other provision of law, any lump-sum
    credit provided pursuant to an election under this subsection shall
    not preclude an individual from receiving any other benefits under
    this subsection.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 807, Oct. 17, 1980, 94 Stat. 2109;
    Ex. Ord. No. 12446, Sec. 3(a), Oct. 17, 1983, 48 F.R. 48443; Pub.
    L. 99-335, title IV, Secs. 402(a)(2), 408, June 6, 1986, 100 Stat.
    609, 612; Pub. L. 103-66, title XI, Sec. 11002(b), Aug. 10, 1993,
    107 Stat. 409.)

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (e)(1). Pub. L. 103-66 substituted "any
    participant who has a life-threatening affliction or other critical
    medical condition" for "a participant".
      1986 - Subsec. (d). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter".
      Subsec. (e). Pub. L. 99-335, Sec. 408, added subsec. (e).
      1983 - Subsec. (a). Ex. Ord. No. 12446 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "Except
    as otherwise provided, the annuity of a former participant who has
    met the eligibility requirements for an annuity shall commence on
    the day after separation from the Service or on the day after pay
    ceases. The annuity of a former participant who is entitled to a
    deferred annuity under this chapter shall become effective on the
    day he or she attains age 60."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-66 effective Oct. 1, 1994, and
    applicable with respect to any annuity commencing on or after that
    date, see section 11002(d) of Pub. L. 103-66, set out as a note
    under section 8343a of Title 5, Government Organization and
    Employees.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Ex. Ord. No. 12446 effective 30 days after Oct. 17,
    1983, see section 3(b) of Ex. Ord. No. 12446, set out under section
    4067 of this title.

-End-

-CITE-
    22 USC Sec. 4048                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4048. Retirement for disability or incapacity

-STATUTE-
    (a) Causes; service credit
      Any participant who has at least 5 years of service credit toward
    retirement under the System (excluding military and naval service)
    and who becomes totally disabled or incapacitated for useful and
    efficient service by reason of disease, illness, or injury (not due
    to vicious habits, intemperance, or willful conduct of the
    participant) shall, upon his or her own application or upon order
    of the Secretary, be retired on an annuity computed as prescribed
    in section 4046 of this title. If the disabled or incapacitated
    participant has less than 20 years of service credit toward
    retirement under the System at the time of retirement, his or her
    annuity shall be computed on the assumption that the participant
    has had 20 years of service, except that the additional service
    credit that may accrue to a participant under this sentence shall
    in no case exceed the difference between his or her age at the time
    of retirement and age 60.
      However, if a participant retiring under this section is
    receiving retired pay or retainer pay for military service (except
    that specified in section 8332(c)(1) or (2) of title 5) or
    Department of Veterans Affairs pension or compensation in lieu of
    such retired or retainer pay, the annuity of that participant shall
    be computed under this part excluding extra credit authorized by
    this subsection and excluding credit for military service from that
    computation. If the amount of the annuity so computed, plus the
    retired or retainer pay which is received, or which would be
    received but for the application of the limitation in section 5532
    (!1) of title 5 or the Department of Veterans Affairs pension or
    compensation in lieu of such retired pay or retainer pay, is less
    than the annuity that would be payable under this part in the
    absence of the previous sentence, an amount equal to the difference
    shall be added to the annuity computed under this part.

    (b) Physical examination; reinstatement or reappointment upon
      recovery; fees and expenses; duration and suspension of annuity
      Before being retired under this section, the participant shall be
    given a physical examination by one or more duly qualified
    physicians or surgeons designated by the Secretary of State to
    conduct examinations. Disability or incapacity shall be determined
    by the Secretary of State on the basis of the advice of such
    physicians or surgeons. Unless the disability or incapacity is
    permanent, like examinations shall be made annually until the
    annuitant has attained age 60. If the Secretary of State determines
    on the basis of the advice of one or more duly qualified physicians
    or surgeons conducting such examinations that an annuitant has
    recovered to the extent that he or she can return to duty, the
    annuitant may apply for reinstatement or reappointment in the
    Service within 1 year from the date recovery is determined. Upon
    application, the Secretary shall reinstate such recovered annuitant
    in the class in which the annuitant was serving at time of
    retirement, or the Secretary may, taking into consideration the
    age, qualifications, and experience of such annuitant, and the
    present class of his or her contemporaries in the Service, appoint
    or recommend that the President appoint the annuitant to a higher
    class. Payment of the annuity shall continue until a date 6 months
    after the date of the examination showing recovery or until the
    date of reinstatement or reappointment in the Service, whichever is
    earlier. Fees for examinations under this section, together with
    reasonable traveling and other expenses incurred in order to submit
    to examination, shall be paid out of the Fund. If the annuitant
    fails to submit to examination as required under this subsection,
    payment of the annuity shall be suspended until continuance of the
    disability or incapacity is satisfactorily established.
    (c) Benefits upon discontinuance of annuity
      If a recovered annuitant whose annuity is discontinued is for any
    reason not reinstated or reappointed in the Service, he or she
    shall be considered to have been separated within the meaning of
    section 4050 of this title as of the date of retirement for
    disability or incapacity and shall, after the discontinuance of the
    annuity, be entitled to the benefits of that section or of section
    4055 of this title, except that he or she may elect voluntary
    retirement if eligible under section 4051 of this title.
    (d) Election of benefits; concurrent benefits allowed
      No participant shall be entitled to receive an annuity under this
    part and compensation for injury or disability to himself or
    herself under subchapter I of chapter 81 of title 5, covering the
    same period of time, except that a participant may simultaneously
    receive both an annuity under this section and scheduled disability
    payments under section 8107 of title 5. This subsection shall not
    bar the right of any claimant to the greater benefit conferred by
    either this part or subchapter I of such chapter 8 (!2) for any
    part of the same period of time. Neither this subsection nor any
    provision of subchapter I of such chapter 8 (!2) shall be construed
    to deny the right of any participant to receive an annuity under
    this part and to receive concurrently any payment under subchapter
    I of such chapter 8 (!2) by reason of the death of any other
    individual.

    (e) Lump sum disability payments
      Notwithstanding any other law, the right of any individual
    entitled to an annuity under this part shall not be affected
    because such person has received an award of compensation in a lump
    sum under section 8135 of title 5, except that where such annuity
    is payable on account of the same disability for which compensation
    under such section has been paid, so much of such compensation as
    has been paid for any period extended beyond the date such annuity
    becomes effective, as determined by the Secretary of Labor, shall
    be refunded to the Department of Labor, to be paid into the Federal
    Employees' Compensation Fund. Before such individual receives such
    annuity, he or she shall - 
        (1) refund to the Department of Labor the amount representing
      such commuted payments for such extended period, or
        (2) authorize the deduction of such amount from the annuity
      payable under this part, which amount shall be transmitted to the
      Department of Labor for reimbursement to such Fund.

    Deductions from such annuity may be made from accrued and accruing
    payments, or may be prorated against and paid from accruing
    payments in such manner as the Secretary of Labor shall determine,
    whenever the Secretary of Labor finds that the financial
    circumstances of the annuitant warrant deferred refunding.
    (f) Time of filing application; waiver
      A claim may be allowed under this section only if the application
    is filed with the Secretary of State before the participant is
    separated from the Service or within one year thereafter. This time
    limitation may be waived by the Secretary of State for a
    participant who at the date of separation from the Service or
    within one year thereafter is mentally incompetent, if the
    application is filed with the Secretary of State within one year
    from the date of restoration of the participant to competency or
    the appointment of a fiduciary, whichever is earlier.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 808, Oct. 17, 1980, 94 Stat. 2110;
    Ex. Ord. No. 12289, Sec. 2, Feb. 14, 1981, 46 F.R. 12693; Pub. L.
    99-335, title IV, Sec. 402(a)(2), (b), June 6, 1986, 100 Stat. 609;
    Pub. L. 100-238, title II, Sec. 215(a), Jan. 8, 1988, 101 Stat.
    1774; Pub. L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5532 of title 5, referred to in subsec. (a), was repealed
    by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999,
    113 Stat. 664.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-54 substituted "Department of
    Veterans Affairs" for "Veterans' Administration" in two places in
    second par.
      1988 - Subsecs. (a), (b). Pub. L. 100-238 substituted "60" for
    "65".
      1986 - Subsec. (a). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter" in three places.
      Subsec. (d). Pub. L. 99-335, Sec. 402(b)(1), substituted
    "subchapter I of such chapter 8" for "such subchapter" in three
    places and "part" for "chapter" in three places.
      Subsec. (e). Pub. L. 99-335, Sec. 402(b)(2), substituted "part"
    for "chapter" in two places.
      1981 - Subsec. (a). Ex. Ord. No. 12289 added second par. relating
    to computation of annuity for participant retiring under this
    section and receiving retired or retainer pay.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see
    section 3 of Ex. Ord. No. 12289, set out under section 4067 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be chapter "81".

-End-

-CITE-
    22 USC Sec. 4049                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4049. Death in service

-STATUTE-
    (a) Lump-sum credit
      If a participant dies and no claim for annuity is payable under
    this part, the lump-sum credit shall be paid in accordance with
    section 4055 of this title.
    (b) Surviving spouse
      If a participant who has at least 18 months of civilian service
    credit toward retirement under the System dies before retirement or
    other separation from the Service and is survived by a spouse or
    former spouse qualifying for an annuity under section 4054(b) of
    this title, such surviving spouse shall be entitled to an annuity
    equal to 55 percent of the annuity computed in accordance with
    subsections (e) and (g) of this section and section 4046(a) of this
    title and any surviving former spouse shall be entitled to an
    annuity under section 4054(b) of this title as if the participant
    died after being entitled to an annuity under this part. If the
    participant had less than 3 years creditable civilian service at
    the time of death, the survivor annuity shall be computed on the
    basis of the average salary for the entire period of such service.
    (c) Surviving spouse or former spouse, and children
      If a participant who has at least 18 months of civilian service
    credit toward retirement under the System dies before retirement or
    other separation from the Service and is survived by a spouse or a
    former spouse who is the natural or adoptive parent of a surviving
    child of the annuitant, and a child or children, each surviving
    child shall be entitled to an annuity computed in accordance with
    subsections (c)(1) and (d) of section 4046 of this title.
    (d) Surviving children
      If a participant who has at least 18 months of civilian service
    credit toward retirement under the System dies before retirement or
    other separation from the Service and is not survived by a spouse,
    or a former spouse who is the natural or adoptive parent of a
    surviving child of the annuitant, but by a child or children, each
    surviving child shall be entitled to an annuity computed in
    accordance with subsections (c)(2) and (d) of section 4046 of this
    title.
    (e) Service credit; presumption of qualification
      If, at the time of his or her death, the participant had less
    than 20 years of service credit toward retirement under the System,
    the annuity payable in accordance with subsection (b) of this
    section shall be computed in accordance with section 4046 of this
    title on the assumption he or she has had 20 years of service,
    except that the additional service credit that may accrue to a
    deceased participant under this subsection shall in no case exceed
    the difference between his or her age on the date of death and age
    60. In all cases arising under this subsection or subsection (b),
    (c), (d), or (g) of this section, it shall be assumed that the
    deceased participant was qualified for retirement on the date of
    death.
    (f) Recall service
      If an annuitant entitled to a reduced annuity dies in service
    after being recalled under section 3948 of this title and is
    survived by a spouse or former spouse entitled to a survivor
    annuity based on the service of such annuitant, such survivor
    annuity shall be computed as if the recall service had otherwise
    terminated on the day of death and the annuity of the deceased had
    been resumed in accordance with section 4063 of this title. If such
    death occurs after the annuitant had completed sufficient recall
    service to attain eligibility for a supplemental annuity, a
    surviving spouse or surviving former spouse who was married to the
    participant at any time during a period of recall service shall be
    entitled to elect, in addition to any other benefits and in lieu of
    a refund of retirement contributions made during the recall
    service, a supplemental survivor annuity computed and paid under
    section 4046(i) of this title as if the recall service had
    otherwise terminated. If the annuitant had completed sufficient
    recall service to attain eligibility to have his or her annuity
    determined anew, a surviving spouse or such a surviving former
    spouse may elect, in lieu of any other survivor benefit under this
    subchapter, to have the rights of the annuitant redetermined and to
    receive a survivor annuity computed under subsection (b) of this
    section on the basis of the total service of the annuitant.
    (g) Limitation on surviving spouse's annuity
      Notwithstanding subsection (b) of this section, if the
    participant or former participant had a former spouse qualifying
    for an annuity under section 4054(b) of this title, the annuity of
    the spouse under this section shall be subject to the limitation of
    section 4046(b)(3)(B) of this title.
    (h) Commencement, termination, and resumption of annuities
      Annuities that become payable under this section shall commence,
    terminate, and be resumed in accordance with subsection (b)(4),
    (e), or (h) of section 4046 of this title, as appropriate.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 809, Oct. 17, 1980, 94 Stat. 2111;
    Pub. L. 99-335, title IV, Sec. 402(a)(2), (c), June 6, 1986, 100
    Stat. 609; Pub. L. 100-238, title II, Secs. 214(b), 215(b), Jan. 8,
    1988, 101 Stat. 1774.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsecs. (c), (d). Pub. L. 100-238, Sec. 214(b), inserted
    "or a former spouse who is the natural or adoptive parent of a
    surviving child of the annuitant," after "spouse".
      Subsec. (e). Pub. L. 100-238, Sec. 215(b), substituted "60" for
    "65".
      1986 - Subsec. (a). Pub. L. 99-335, Sec. 402(c), substituted
    "part" for "chapter".
      Subsec. (b). Pub. L. 99-335, Sec. 402(a)(2), substituted "part"
    for "subchapter".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4050                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4050. Discontinued service retirement

-STATUTE-
      Any participant who voluntarily separates from the Service after
    obtaining at least 5 years of service credit toward retirement
    under the System (excluding military and naval service) may upon
    separation from the Service or at any time prior to becoming
    eligible for an annuity elect to have his or her contributions to
    the Fund returned in accordance with section 4055 of this title, or
    to leave his or her contributions in the Fund and receive an
    annuity, computed under section 4046 of this title, commencing at
    age 60.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 810, Oct. 17, 1980, 94 Stat. 2112.)

-End-

-CITE-
    22 USC Sec. 4051                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4051. Voluntary retirement

-STATUTE-
      Any participant who is at least 50 years of age and has 20 years
    of creditable service, including at least 5 years of service credit
    toward retirement under the System (excluding military and naval
    service), may on his or her own application and with the consent of
    the Secretary be retired from the Service and receive retirement
    benefits in accordance with section 4046 of this title. The
    Secretary shall withhold consent for retirement under this section
    by any participant who has not been a member of the Service for 5
    years. Any participant who voluntarily separates from the Service
    before completing 5 years in the System and who, on the date of
    separation, would be eligible for an annuity, based on a voluntary
    separation, under section 8336 or 8338 of title 5, if the
    participant had been covered under the Civil Service Retirement
    System rather than subject to this subchapter while a member of the
    Service, may receive an annuity under section 8336 or 8338,
    notwithstanding section 8333(b) of title 5, if all contributions
    transferred to the Fund under section 4045(c)(1) of this title, as
    well as all contributions withheld from the participant's pay or
    contributed by the employer, and deposited into the Fund during the
    period he or she was subject to this subchapter, including interest
    on these amounts, are transferred to the Civil Service Retirement
    and Disability Fund effective on the date the participant separates
    from the Service.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 811, Oct. 17, 1980, 94 Stat. 2112;
    Pub. L. 100-238, title II, Sec. 216, Jan. 8, 1988, 101 Stat. 1774.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-238 inserted last two sentences relating to
    withholding consent to retirement and to certain participants who
    voluntarily separate from the Service before completing 5 years in
    the System.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

-End-

-CITE-
    22 USC Sec. 4052                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4052. Mandatory retirement

-STATUTE-
      (a)(1) Except as provided in subsection (b) of this section, any
    participant shall be retired from the Service at the end of the
    month in which the participant has reached age 65 and has at least
    5 years of service credit toward retirement under the System
    (excluding military and naval service), and shall receive
    retirement benefits in accordance with section 4046 of this title.
      (2) Notwithstanding paragraph (1) - 
        (A) an individual described in section 4(a)(2) of the
      Department of State Special Agents Retirement Act of 1998 who is
      otherwise eligible for immediate retirement under this
      subchapter; or
        (B) a Foreign Service criminal investigator/inspector of the
      Office of Inspector General of the Agency for International
      Development who would have been eligible for retirement pursuant
      to either section 8336(c) or 8412(d) of title 5, as applicable,
      had the employee remained in civil service,

    shall be separated from the Service on the last day of the month in
    which such individual under subparagraph (A) or such Foreign
    Service criminal investigator/inspector under subparagraph (B)
    attains 57 years of age or completes 20 years of service if then
    over that age. If the head of the agency judges that the public
    interest so requires, that agency head may exempt such an employee
    from automatic separation under this subsection until that employee
    attains 60 years of age. The employing office shall notify the
    employee in writing of the date of separation at least 60 days
    before that date. Action to separate the employee is not effective
    without the consent of the employee, until the last day of the
    month in which the 60-day notice expires.
      (b)(1) Any participant who is otherwise required to retire under
    subsection (a) of this section while occupying a position to which
    he or she was appointed by the President, by and with the advice
    and consent of the Senate, may continue to serve until that
    appointment is terminated.
      (2) Whenever the Secretary determines it to be in the public
    interest, any participant who is otherwise required to retire under
    subsection (a) of this section may be retained on active service
    for a period not to exceed 5 years.
      (3) Any participant who completes a period of service authorized
    by this subsection shall be retired at the end of the month in
    which such authorized service is completed.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 812, Oct. 17, 1980, 94 Stat. 2113;
    Pub. L. 101-513, title V, Sec. 587(b), Nov. 5, 1990, 104 Stat.
    2056; Pub. L. 102-499, Sec. 4(c), Oct. 24, 1992, 106 Stat. 3265;
    Pub. L. 105-382, Sec. 3, Nov. 13, 1998, 112 Stat. 3408.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4(a)(2) of the Department of State Special Agents
    Retirement Act of 1998, referred to in subsec. (a)(2)(A), is
    section 4(a)(2) of Pub. L. 105-382, which is set out as a note
    under section 4044 of this title.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(2). Pub. L. 105-382 amended first sentence
    generally. Prior to amendment, first sentence read as follows:
    "Notwithstanding paragraph (1), a Foreign Service criminal
    investigator/inspector of the Office of Inspector General of the
    Agency for International Development who would have been eligible
    for retirement pursuant to either section 8336(c) or 8412(d) of
    title 5, as applicable, had the employee remained in civil service,
    shall be separated from the Service on the last day of the month in
    which that Foreign Service criminal investigator/inspector attains
    57 years of age or completes 20 years of service if then over that
    age."
      1992 - Subsec. (a)(2). Pub. L. 102-499 substituted "57" for "55".
      1990 - Subsec. (a). Pub. L. 101-513 designated existing
    provisions as par. (1) and added par. (2).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with
    provisions relating to applicability with respect to certain
    individuals, see section 4 of Pub. L. 105-382, as amended, set out
    as a note under section 4044 of this title.

-End-

-CITE-
    22 USC Sec. 4053                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4053. Reassignment and retirement of former Presidential
      appointees

-STATUTE-
    (a) Reassignment or retirement of participants not eligible for
      retirement
      A participant, who completes an assignment under section 3942(b)
    of this title in a position to which the participant was appointed
    by the President, and is not otherwise eligible for retirement - 
        (1) shall be reassigned within 90 days after the termination of
      such assignment and any period of authorized leave, or
        (2) if the Secretary of State determines that reassignment is
      not in the interest of the Foreign Service, shall be retired from
      the Service and receive retirement benefits in accordance with
      section 4046 or 4071d of this title, as appropriate.
    (b) Retirement of participants eligible for retirement
      A participant who completes an assignment under section 3942(b)
    of this title in a position to which the participant was appointed
    by the President and is eligible for retirement and is not
    reassigned within 90 days after the termination of such assignment
    and any period of authorized leave, shall be retired from the
    Service and receive retirement benefits in accordance with section
    4046 of this title or section 4071d of this title, as appropriate.
    (c) Retirement of reemployed participants
      A participant who is retired under subsection (a)(2) of this
    section and is subsequently employed by the United States
    Government, thereafter, shall be eligible to retire only under the
    terms of the applicable retirement system.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 813, Oct. 17, 1980, 94 Stat. 2113;
    Pub. L. 102-138, title I, Sec. 149, Oct. 28, 1991, 105 Stat. 670;
    Pub. L. 103-236, title I, Sec. 174, Apr. 30, 1994, 108 Stat. 413.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-236 added subsecs. (a) to (c) and struck out
    former subsecs. (a) to (c) which read as follows:
      "(a) Except as provided under subsection (b) of this section, a
    participant, who completes an assignment under section 3942(b) of
    this title in a position to which he or she was appointed by the
    President, shall be offered reassignment within 90 days after the
    termination of such assignment and any period of authorized leave.
      "(b) Subsection (a) of this section shall not apply with respect
    to a participant, if the Secretary of State determines that
    reassignment of the participant is not in the interest of the
    United States and the Foreign Service.
      "(c) A participant who is not reassigned under subsection (a) of
    this section shall be retired from the Service and receive
    retirement benefits in accordance with section 4046 or 4071d of
    this title, as appropriate."
      1991 - Pub. L. 102-138 inserted "Reassignment and" in section
    catchline and amended text generally. Prior to amendment, text read
    as follows: "If a participant completes an assignment under section
    3942(b) of this title in a position to which he or she was
    appointed by the President and has not been reassigned within 3
    months after the termination of such assignment (plus any period of
    authorized leave), the participant shall be retired from the
    Service and receive retirement benefits in accordance with section
    4046 of this title."

-End-

-CITE-
    22 USC Sec. 4054                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4054. Former spouses

-STATUTE-
    (a) Living Service members
      (1) Unless otherwise expressly provided by any spousal agreement
    or court order under section 4060(b)(1) of this title, a former
    spouse of a participant or former participant is entitled to an
    annuity if such former spouse was married to the participant for at
    least 10 years during service of the participant which is
    creditable under this subchapter with at least 5 of such years
    occurring while the participant was a member of the Foreign Service
    and - 
        (A) if married to the participant throughout the creditable
      service of the participant, equal to 50 percent of the annuity of
      the participant; or
        (B) if not married to the participant throughout such
      creditable service, equal to that former spouse's pro rata share
      of 50 percent of such annuity.

    For the purposes of this paragraph, the term "creditable service"
    means service which is creditable under part I or II of this
    subchapter.
      (2) A former spouse shall not be qualified for an annuity under
    this subsection if before the commencement of that annuity the
    former spouse remarries before becoming 60 years of age.
      (3) The annuity of a former spouse under this subsection
    commences on the later of the day the participant upon whose
    service the annuity is based becomes entitled to an annuity under
    this part or the first day of the month in which the divorce or
    annulment involved becomes final. The annuity of such former spouse
    and the right thereto terminate on - 
        (A) the last day of the month before the former spouse dies or
      remarries before 60 years of age; or
        (B) the date the annuity of the participant terminates (except
      in the case of an annuity subject to paragraph (5)(B)).

      (4) No spousal agreement or court order under section 4060(b)(1)
    of this title involving any participant may provide for an annuity
    or any combination of annuities under this subsection which exceeds
    the annuity of the participant, nor may any such court order
    relating to an annuity under this subsection be given effect if it
    is issued more than 24 months after the date the divorce or
    annulment involved becomes final.
      (5)(A) The annuity payable to any participant shall be reduced by
    the amount of an annuity under this subsection paid to any former
    spouse based upon the service of that participant. Such reduction
    shall be disregarded in calculating the survivor annuity for any
    spouse, former spouse, or other survivor under this part, and in
    calculating any reduction in the annuity of the participant to
    provide survivor benefits under subsection (b) of this section or
    section 4046(b)(3) of this title.
      (B) If any annuitant whose annuity is reduced under subparagraph
    (A) is recalled to service under section 3948 of this title, or
    reinstated or reappointed in the Service in the case of a recovered
    disability annuitant or if any annuitant is reemployed as provided
    for under section 4064 of this title, the salary of that annuitant
    shall be reduced by the same amount as the annuity would have been
    reduced if it had continued. Amounts equal to the reductions under
    this subparagraph shall be deposited in the Treasury of the United
    States to the credit of the Fund.
      (6) Notwithstanding paragraph (3), in the case of any former
    spouse of a disability annuitant - 
        (A) the annuity of that former spouse shall commence on the
      date the participant would qualify on the basis of his or her
      creditable service for an annuity under this part (other than a
      disability annuity) or the date the disability annuity begins,
      whichever is later, and
        (B) the amount of the annuity of the former spouse shall be
      calculated on the basis of the annuity for which the participant
      would otherwise so qualify.

      (7) An annuity under this subsection shall be treated the same as
    a survivor annuity under subsection (b) of this section for
    purposes of section 4046(h) of this title or any comparable
    provision of law.
    (b) Deceased Service members
      (1) Subject to any election under section 4046(b)(1)(C) of this
    title and unless otherwise expressly provided by any spousal
    agreement or court order under section 4060(b)(1) of this title, if
    a former participant who is entitled to receive an annuity is
    survived by a former spouse, the former spouse shall be entitled to
    a survivor annuity - 
        (A) if married to the participant throughout the creditable
      service of the participant, equal to 55 percent of the full
      amount of the participant's annuity, as computed under section
      4046(a) of this title; or
        (B) if not married to the participant throughout such
      creditable service, equal to that former spouse's pro rata share
      of 55 percent of the full amount of such annuity.

    For the purposes of this paragraph, the term "creditable service"
    means service which is creditable under part I or II of this
    subchapter.
      (2) A former spouse shall not be qualified for an annuity under
    this subsection if before the commencement of that annuity the
    former spouse remarries before becoming 60 years of age.
      (3) An annuity payable from the Fund under this part to a
    surviving former spouse under this subsection shall commence on the
    day after the annuitant dies and shall terminate on the last day of
    the month before the former spouse's death or remarriage before
    attaining age 60. If such a survivor annuity is terminated because
    of remarriage, it shall be restored at the same rate commencing on
    the date such remarriage is terminated if any lump sum paid upon
    termination of the annuity is returned to the Fund.
      (4)(A) The maximum survivor annuity or combination of survivor
    annuities under this section (and section 4046(b)(3) of this title)
    with respect to any participant or former participant may not
    exceed 55 percent of the full amount of the participant's annuity,
    as calculated under section 4046(a) of this title.
      (B) Once a survivor annuity has been provided for under this
    subsection for any former spouse, a survivor annuity may thereafter
    be provided for under this subsection (or section 4046(b)(3) of
    this title) with respect to a participant or former participant
    only for that portion (if any) of the maximum available which is
    not committed for survivor benefits for any former spouse whose
    prospective right to such annuity has not terminated by reason of
    death or remarriage.
      (C) After the death of a participant or former participant, a
    court order under section 4060(b)(1) of this title may not adjust
    the amount of the annuity of any former spouse under this section.
      (5)(A) For each full month after a former spouse of a participant
    or former participant dies or remarries before attaining age 60,
    the annuity of the participant, if reduced to provide a survivor
    annuity for that former spouse, shall be recomputed and paid as if
    the annuity had not been so reduced, unless an election is in
    effect under subparagraph (B).
      (B) Subject to paragraph (4)(B), the participant may elect in
    writing within one year after receipt of notice of the death or
    remarriage of the former spouse to continue the reduction in order
    to provide a higher survivor annuity under section 4046(b)(3) of
    this title for any spouse of the participant.
    (c) Additional survivor annuity
      (1) In the case of any participant or former participant
    providing a survivor annuity benefit under subsection (b) of this
    section for a former spouse - 
        (A) such participant may elect, or
        (B) a spousal agreement or court order under section 4060(b)(1)
      of this title may provide for,

    an additional survivor annuity under this subsection for any other
    former spouse or spouse surviving the participant, if the
    participant satisfactorily passes a physical examination as
    prescribed by the Secretary of State.
      (2) Neither the total amount of survivor annuity or annuities
    under this subsection with respect to any participant or former
    participant, nor the survivor annuity or annuities for any one
    surviving spouse or former spouse of such participant under this
    section and section 4046 of this title, shall exceed 55 percent of
    the full amount of the participant's annuity, as computed under
    section 4046(a) of this title.
      (3)(A) In accordance with regulations which the Secretary of
    State shall prescribe, the participant involved may provide for any
    annuity under this subsection - 
        (i) by a reduction in the annuity or an allotment from the
      salary of the participant,
        (ii) by a lump sum payment or installment payments to the Fund,
      or
        (iii) by any combination thereof.

      (B) The present value of the total amount to accrue to the Fund
    under subparagraph (A) to provide any annuity under this subsection
    shall be actuarially equivalent in value to such annuity, as
    calculated upon such tables of mortality as may from time to time
    be prescribed for this purpose by the Secretary of State.
      (C) If a former spouse predeceases the participant or remarries
    before attaining age 60 (or, in the case of a spouse, the spouse
    does not qualify as a former spouse upon dissolution of the
    marriage) - 
        (i) if an annuity reduction or salary allotment under
      subparagraph (A) is in effect for that spouse or former spouse,
      the annuity shall be recomputed and paid as if it had not been
      reduced or the salary allotment terminated, as the case may be,
      and
        (ii) any amount accruing to the Fund under subparagraph (A)
      shall be refunded, but only to the extent that such amount may
      have exceeded the actuarial cost of providing benefits under this
      subsection for the period such benefits were provided, as
      determined under regulations prescribed by the Secretary of
      State.

      (D) Under regulations prescribed by the Secretary of State, an
    annuity shall be recomputed (or salary allotment terminated or
    adjusted), and a refund provided (if appropriate), in a manner
    comparable to that provided under subparagraph (C), in order to
    reflect a termination or reduction of future benefits under this
    subsection for a spouse in the event a former spouse of the
    participant dies or remarries before attaining age 60 and an
    increased annuity is provided for that spouse in accordance with
    this part.
      (4) An annuity payable under this subsection to a spouse or
    former spouse shall commence on the day after the participant dies
    and shall terminate on the last day of the month before the former
    spouse's death or remarriage before attaining age 60.
      (5) Section 4066 of this title shall not apply to any annuity
    under this subsection, unless authorized under regulations
    prescribed by the Secretary of State.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 814, Oct. 17, 1980, 94 Stat. 2113;
    Pub. L. 97-241, title I, Sec. 125(2), Aug. 24, 1982, 96 Stat. 282;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), (3), 404(b), June 6,
    1986, 100 Stat. 609, 610; Pub. L. 100-238, title II, Sec. 217(a),
    (b), (c)(2), Jan. 8, 1988, 101 Stat. 1775.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(1). Pub. L. 100-238, Sec. 217(a), which
    directed the amendment of par. (1) by inserting "if such former
    spouse was married to the participant for at least 10 years during
    service of the participant which is creditable under this
    subchapter with at least 5 of such years occurring while the
    participant was a member of the Foreign Service and" after
    "annuity", was executed by inserting the new language after
    "annuity" in introductory provisions, as the probable intent of
    Congress.
      Subsec. (a)(4). Pub. L. 100-238, Sec. 217(b), substituted "24"
    for "12".
      Subsec. (d). Pub. L. 100-238, Sec. 217(c)(2), struck out subsec.
    (d) which read as follows: "Section 4046(l) of this title shall not
    apply - 
        "(1) to any annuity payable under subsection (a) or (b) of this
      section to any former spouse if the amount of that annuity varies
      by reason of a spousal agreement or court order under section
      4060(b)(1) of this title, or an election under section
      4046(b)(1)(B) of this title, from the amount which would be
      calculated under subsection (a)(1) or (b)(1) of this section, as
      the case may be, in the absence of such spousal agreement, court
      order, or election; and
        "(2) to any annuity payable under subsection (c) of this
      section."
      1986 - Subsec. (a)(1). Pub. L. 99-335, Sec. 404(b)(1), inserted
    provision defining "creditable service" as service creditable under
    part I or II of this subchapter.
      Subsec. (a)(3), (5)(A), (6)(A). Pub. L. 99-335, Sec. 402(a)(2),
    substituted "part" for "subchapter".
      Subsec. (b)(1). Pub. L. 99-335, Sec. 404(b)(2), inserted
    provision defining "creditable service" as service creditable under
    part I or II of this subchapter.
      Subsec. (b)(3). Pub. L. 99-335, Sec. 402(a)(3), inserted "under
    this part" after "payable from the Fund".
      Subsec. (c)(3)(D). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter".
      1982 - Subsec. (a)(3). Pub. L. 97-241 substituted "or the first"
    for "on the first" in provision preceding subpar. (A).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 261 of title II of Pub. L. 100-238 provided that:
      "(a) In General. - Except as provided in subsection (b), this
    title and the amendments made by this title [enacting sections 4069-
    1 to 4069c-1 of this title, amending this section and sections
    4044 to 4046, 4048, 4049, 4051, 4055, 4066, 4071a, 4071c, and 4084
    of this title, and enacting provisions set out as a note under
    section 4046 of this title] shall take effect 90 days after the
    date of enactment of this title [Jan. 8, 1988].
      "(b) Exceptions. - 
        "(1) The amendments made by section 202 [enacting section 4069-
      1 of this title] shall apply to any individual who, on or after
      the date of enactment of this title [Jan. 8, 1988], is married to
      a participant or former participant.
        "(2) The amendment made by section 217(a) [amending this
      section] shall not apply with respect to the former spouse of a
      participant or former participant who is subject to subchapter I
      of chapter 8 of the Foreign Service Act of 1980 [this part] if,
      on the date of enactment of this title [Jan. 8, 1988], that
      former spouse - 
          "(A) was the spouse of that participant or former
        participant; or
          "(B) is entitled to an annuity under section 814 of the
        Foreign Service Act of 1980 [this section] pursuant to the
        divorce or annulment of the marriage to that participant or
        former participant.
      "(c) Definitions. - For the purpose of this section, the terms
    'participant' and 'former participant' have the same meaning as
    such terms in chapter 8 of the Foreign Service Act of 1980 [this
    subchapter]."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4055                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4055. Lump-sum payments

-STATUTE-
    (a) Requirements for payment
      (1) A participant is entitled to be paid a lump-sum credit if the
    participant - 
        (A) is separated from the Service for at least 31 consecutive
      days, or is transferred to a position in which the participant is
      not subject to this subchapter and remains in such a position for
      at least 31 consecutive days;
        (B) files an application with the Secretary of State for
      payment of the lump-sum credit;
        (C) is not reemployed in a position in which the participant is
      subject to this subchapter at the time the participant files the
      application;
        (D) will not become eligible to receive an annuity under this
      part within 31 days after filing the application; and
        (E) has notified any spouse or former spouse the participant
      may have of the application for payment in accordance with
      regulations prescribed by the Secretary of State.

    Such regulations may provide for waiver of subparagraph (E) under
    circumstances described in section 4046(b)(1)(D) of this title.
      (2) Such lump-sum credit shall be paid to the participant and to
    any former spouse of the participant in accordance with subsection
    (i) of this section.
    (b) Recall service; return of contributions
      Whenever an annuitant becomes separated from the Service
    following a period of recall service without becoming eligible for
    a supplemental or recomputed annuity under section 4063 of this
    title, the compulsory contributions of the annuitant to the Fund
    for such service, together with any special contributions the
    annuitant may have made for other service performed after the date
    of separation from the Service which forms the basis for annuity,
    shall be returned to the annuitant (and any former spouse of the
    annuitant who was married to the participant during the period of
    recall service, in accordance with subsection (i) of this section).
    (c) Difference between annuity and lump-sum credit
      If all annuity rights under this part based on the service of a
    deceased participant or annuitant terminate before the total
    annuity paid equals the lump-sum credit to which the participant or
    annuitant is entitled, the difference shall be paid in accordance
    with subsection (f) of this section.
    (d) Lack of eligible survivors
      If a participant or former participant dies and is not survived
    by an individual eligible for an annuity under this part or by such
    an individual or individuals all of whose annuity rights terminate
    before a claim for survivor annuity is filed, the lump-sum credit
    to which the participant or annuitant is entitled shall be paid in
    accordance with subsection (f) of this section.
    (e) Death of annuitant who was former participant
      If an annuitant who was a former participant dies, any annuity
    accrued and unpaid shall be paid in accordance with subsection (f)
    of this section.
    (f) Order of precedence for payments
      Payments under subsections (c) through (e) of this section shall
    be paid in the following order of precedence to individuals
    surviving the participant and alive on the date entitlement to the
    payment arises, upon the establishment of a valid claim therefor,
    and such payment shall be a bar to recovery by any other person:
        (1) To the beneficiary or beneficiaries last designated by the
      participant before or after retirement in a signed and witnessed
      writing filed with the Secretary of State prior to the death of
      the participant, for which purpose a designation, change, or
      cancellation of beneficiary in a will or other document which is
      not so executed and filed shall have no force or effect.
        (2) If there is no such beneficiary, to the surviving wife or
      husband of the participant.
        (3) If none of the above, to the child (without regard to the
      definition in section 4044(2) of this title) or children of the
      participant (including adopted and natural children but not
      stepchildren) and descendants of deceased children by
      representation.
        (4) If none of the above, to the parents of the participant or
      the survivor of them.
        (5) If none of the above, to the duly appointed executor or
      administrator of the estate of the participant.
        (6) If none of the above, to such other next of kin of the
      participant as may be determined in the judgment of the Secretary
      of State to be legally entitled to such payment, except that no
      payment shall be made under this paragraph until after the
      expiration of 30 days after the death of the participant or
      annuitant.
    (g) Death of survivor annuitant
      Annuity accrued and unpaid on the death of a survivor annuitant
    shall be paid in the following order of precedence, and the payment
    bars recovery by any other person:
        (1) To the duly appointed executor or administrator of the
      estate of the survivor annuitant.
        (2) If there is no such executor or administrator, to such
      person as may be determined by the Secretary of State (after the
      expiration of 30 days from the date of death of the survivor
      annuitant) to be entitled under the laws of the domicile of the
      survivor annuitant at the time of death.
    (h) Amount of credit
      (!1) Amounts deducted and withheld from basic salary of a
    participant under section 4045 of this title from the beginning of
    the first pay period after the participant has completed 35 years
    of service computed under section 4056 of this title (excluding
    service credit for unused sick leave under section 4056(b) of this
    title), together with interest on the amounts at the rate of 3
    percent a year compounded annually from the date of the deduction
    to the date of retirement or death, shall be applied toward any
    special contribution due under section 4045(d) of this title), and
    any balance not so required shall be refunded in a lump sum to the
    participant after separation or, in the event of a death in
    service, to a beneficiary in the order of precedence specified in
    subsection (f) of this section.

    (i) Former spouses
      Unless otherwise expressly provided by any spousal agreement or
    court order under section 4060(b)(1) of this title, the amount of a
    participant's or former participant's lump-sum credit payable to a
    former spouse of that participant shall be - 
        (1) if the former spouse was married to the participant
      throughout the period of creditable service of the participant,
      50 percent of the lump-sum credit to which such participant would
      be entitled in the absence of this subsection, or
        (2) if such former spouse was not married to the participant
      throughout such creditable service, an amount equal to such
      former spouse's pro rata share of 50 percent of such lump-sum
      credit.

    The lump-sum credit of the participant shall be reduced by the
    amount of the lump-sum credit payable to the former spouse. For the
    purposes of this subsection, the term "creditable service" means
    service which is creditable under part I or II of this subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 815, Oct. 17, 1980, 94 Stat. 2116;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), 404(c), 413, June 6,
    1986, 100 Stat. 609, 610, 614; Pub. L. 100-238, title II, Sec. 218,
    Jan. 8, 1988, 101 Stat. 1775.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48
    F.R. 48443, set out as a note under section 4067 of this title,
    provided that the first sentence of subsection (h) of this section,
    applicable (i) to contributions for civilian service performed on
    or after the first day of Nov. 1983, (ii) to contributions for
    prior refunds to participants for which application is received by
    the employing agency on and after such first day of Nov. 1983, and
    (iii) to excess contributions under section 4055(h) of this title
    and voluntary contributions under section 4065(a) of this title
    from the first day of Nov. 1983, is deemed to be amended to provide
    that interest shall be compounded at the annual rate of 3 percent
    per annum through December 31, 1984, and thereafter at a rate equal
    to the overall average yield to the Fund during the preceding
    fiscal year from all obligations purchased by the Secretary of the
    Treasury during such fiscal year under section 4059 of this title,
    as determined by the Secretary of the Treasury.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-238 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
    "Whenever a participant becomes separated from the Service without
    becoming eligible for an annuity or a deferred annuity under this
    subchapter, a lump-sum credit shall be paid to the participant (and
    to any former spouse of the participant, in accordance with
    subsection (i) of this section). A participant who becomes subject
    to part II of this subchapter shall be entitled to payment of the
    lump-sum credit if, and to the extent that, such lump-sum credit
    relates to service of a type described in clauses (i) through (iii)
    of section 302(a)(1)(C) of the Federal Employees' Retirement System
    Act of 1986."
      1986 - Subsec. (a). Pub. L. 99-335, Sec. 413, inserted provision
    relating to payment of a lump-sum credit for a participant who
    becomes subject to part II of this subchapter.
      Subsecs. (c), (d). Pub. L. 99-335, Sec. 402(a)(2), substituted
    "part" for "subchapter".
      Subsec. (i). Pub. L. 99-335, Sec. 404(c), inserted provision
    defining "creditable service" as service creditable under part I or
    II of this subchapter.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See Amendment of Section note below.

-End-

-CITE-
    22 USC Sec. 4056                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4056. Creditable service

-STATUTE-
    (a) Applicability of civil service provisions
      (1) (!1) Except as otherwise specified by law, all periods of
    civilian and military and naval service, and all other periods
    through the date of final separation of a participant from the
    Service that the Secretary of State determines would be creditable
    toward retirement under the Civil Service Retirement and Disability
    System (as determined in accordance with section 8332 of title 5),
    shall be creditable for purposes of this part. Conversely, any such
    service performed after December 31, 1976, that would not be
    creditable under specified conditions under section 8332 of title
    5, shall be excluded under this part under the same conditions.

      (2) The service of an individual who first becomes a participant
    on or after October 17, 1983, without any credit under this section
    for civilian service performed prior to October 1, 1982, shall
    include credit for:
        (A) each period of military or naval service performed before
      January 1, 1957, and
        (B) each period of military or naval service performed after
      December 31, 1956, and before the separation on which the
      entitlement to annuity under this part is based, only if a
      deposit (with interest if any is required) is made with respect
      to that period, as provided in section 4045(e) of this title.

      (3) The service of an individual who first became a participant
    on or after October 17, 1983, with credit under this section for
    civilian service performed prior to October 1982, shall include
    credit for each period of military or naval service performed
    before the date of the separation on which the entitlement to an
    annuity under this part is based, subject, in the case of military
    or naval service performed after December 1956, to subsection (j)
    of this section.
      (4) The service of an individual who first became a participant
    before October 17, 1983, shall include credit for each period of
    military or naval service performed before the date of the
    separation on which the entitlement to an annuity under this part
    is based, subject, in the case of military or naval service
    performed after December 1976, to subsection (j) of this section.
    (b) Unused sick leave credit
      In computing any annuity under this part, the total service of a
    participant who retires on an immediate annuity or who dies leaving
    a survivor or survivors entitled to annuity includes (without
    regard to the 35-year limitation imposed by section 4046(a) of this
    title) the days of unused sick leave to the credit of the
    participant, except that these days shall not be counted in
    determining average basic salary or annuity eligibility under this
    part. A contribution to the Fund shall not be required from a
    participant for this service credit.
    (c) Service with other Government agency when on approved leave
      without pay; arrangement for payment of retirement deductions and
      agency contributions; special contribution
      (1) A participant who enters on approved leave without pay to
    serve as a full-time officer or employee of an organization
    composed primarily of Government employees may, within 60 days
    after entering on that leave without pay, file with the employing
    agency an election to receive full retirement credit for such
    periods of leave without pay and arrange to pay concurrently into
    the Fund through the employing agency, amounts equal to the
    retirement deductions and agency contributions on the Foreign
    Service salary rate that would be applicable if the participant
    were in a pay status. If the election and all payments provided by
    this subsection are not made for the periods of such leave without
    pay occurring after November 7, 1976, the participant may not
    receive any credit for such periods of leave without pay occurring
    after such date.
      (2) A participant may make a special contribution for any period
    or periods of approved leave without pay while serving before
    November 7, 1976, as a full-time officer or employee of an
    organization composed primarily of Government employees. Any such
    contribution shall be based upon the suspended Foreign Service
    salary rate and shall be computed in accordance with section 4045
    of this title. A participant who makes such contributions shall be
    allowed full retirement credit for the period or periods of leave
    without pay. If this contribution is not made, up to 6 months'
    retirement credit shall be allowed for such periods of leave
    without pay each calendar year.
    (d) Special contribution in repayment of refund of retirement
      contributions
      (!2) A participant who has received a refund of retirement
    contributions (which has not been repaid) under this or any other
    retirement system for Government employees covering service which
    may be creditable may make a special contribution for such service
    under section 4045 of this title. Credit may not be allowed for
    service covered by the refund unless the special contribution is
    made.

    (e) Civilian service under other Government retirement system
      No credit in annuity computation shall be allowed for any period
    of civilian service for which a participant made retirement
    contributions to another retirement system for Government employees
    unless - 
        (1) the right to any annuity under the other system which is
      based on such service is waived, and
        (2) a special contribution is made under section 4045 of this
      title covering such service.
    (f) Service in military during period of war or national emergency
      A participant who during a period of war, or national emergency
    proclaimed by the President or declared by the Congress, leaves the
    Service to enter the military service is deemed, for the purpose of
    this part, as not separated from the Service unless the participant
    applies for and receives a lump-sum payment under section 4055 of
    this title. However, the participant is deemed to be separated from
    the Service after the expiration of 5 years of such military
    service.
    (g) Recomputation of annuity for participants of Japanese ancestry
      interned during World War II
      (1) An annuity or survivor annuity based on the service of a
    participant of Japanese ancestry who would be eligible under
    section 8332(l) of title 5, for credit for civilian service for
    periods of internment during World War II shall, upon application
    to the Secretary of State, be recomputed to give credit for that
    service. Any such recomputation of an annuity shall apply with
    respect to months beginning more than 30 days after the date on
    which application for such recomputation is received by the
    Secretary of State.
      (2) The Secretary of State shall take such action as may be
    necessary and appropriate to inform individuals entitled to have
    any service credited or annuity recomputed under this subsection of
    their entitlement to such credit or recomputation.
      (3) The Secretary of State shall, on request, assist any
    individual referred to in paragraph (1) in obtaining from any
    agency or other Government establishment information necessary to
    verify the entitlement of the individual to have any service
    credited or any annuity recomputed under this subsection.
      (4) Any agency or other Government establishment shall, upon
    request, furnish to the Secretary of State any information it
    possesses with respect to the internment or other detention, as
    described in section 8332(l) of title 5, of any participant.
    (h) Service as employees of Member or office of Congress while on
      approved leave without pay
      A participant who, while on approved leave without pay, serves as
    a full-time paid employee of a Member or office of the Congress
    shall continue to make contributions to the Fund based upon the
    Foreign Service salary rate that would be in effect if the
    participant were in a pay status. The participant's employing
    office in the Congress shall make a matching contribution (from the
    appropriation or fund which is used for payment of the salary of
    the participant) to the Treasury of the United States to the credit
    of the Fund. All periods of service for which full contributions to
    the Fund are made under this subsection shall be counted as
    creditable service for purposes of this part and shall not, unless
    all retirement credit is transferred, be counted as creditable
    service under any other Government retirement system.
    (i) Former spouses
      (1) Service of a participant shall be considered creditable
    service for purposes of applying provisions of this part relating
    to former spouses if such service would be creditable - 
        (A) under subsection (c)(1) or (2) of this section but for the
      fact an election was not made under subsection (c)(1) of this
      section or a special contribution was not made under subsection
      (c)(2) of this section, and
        (B) under subsection (d) of this section but for the fact that
      a refund of contributions has not been repaid unless the former
      spouse received under this part a portion of the lump sum (or a
      spousal agreement or court order provided otherwise).

      (2) A former spouse shall not be considered as married to a
    participant for periods assumed to be creditable service under
    section 4048(a) of this title or section 4049(e) of this title.
    (j) Redetermination of credit for military and naval service
      (1) Except as otherwise provided by statute or Executive Order,
    section 8332(j) of title 5, relating to redetermination of credit
    for military and naval service, shall be applied to annuities
    payable under this part. The Secretary of State shall redetermine
    service, and may request and obtain information from the Secretary
    of Health and Human Services, as the Office of Personnel Management
    is directed or authorized to do in section 8332(j).
      (2) Section 8332(j) of title 5 shall not apply with respect to:
        (A) the service of any individual who first became a
      participant on or after October 17, 1983, without any credit
      under this section for civilian service performed prior to
      October 1982; or
        (B) any military or naval service performed prior to 1957 by an
      individual who first became a participant on or after October 17,
      1983, with credit under this section for civilian service
      performed prior to October 1982, or any period of military or
      naval service performed after 1956 with respect to which the
      participant has made a contribution (with interest if any is
      required) under section 4045(e) of this title; or
        (C) any military or naval service performed prior to 1977 by
      any individual who first became a participant before October 17,
      1983, or any period of military or naval service performed after
      1976 with respect to which the participant has made a
      contribution (with interest if any is required) under section
      4045(e) of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 816, Oct. 17, 1980, 94 Stat. 2118;
    Ex. Ord. No. 12446, Sec. 4(b), (c), Oct. 17, 1983, 48 F.R. 48444,
    48445; Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100
    Stat. 609; Pub. L. 101-246, title I, Sec. 145(a), Feb. 16, 1990,
    104 Stat. 36.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Section 5 of Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48445,
    set out as a note under section 4067 of this title, provided that:

      "(a) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to
    be further amended so that the provisions of section 8332(j) of
    Title 5 of the United States Code, relating to credit for military
    service, shall not apply with respect to any individual who is
    entitled to an annuity under such Act [this chapter] on or before
    the date of approval of this Order [Oct. 17, 1983], or who is
    entitled to an annuity based on a separation from service occurring
    on or before such date.
      "(b) Subject to subsection (c), in any case in which an
    individual described in subsection (a) is also entitled to old-age
    or survivors insurance benefits under section 202 of the Social
    Security Act [42 U.S.C. 402] (or would be entitled to such benefits
    upon filing application therefor), the amount of the annuity to
    which such individual is entitled under chapter 8 of the Act [this
    subchapter] (after taking into account subsection (a)) which is
    payable for any month shall be reduced by an amount determined by
    multiplying the amount of such old-age or survivors insurance
    benefit for the determination month by a fraction - 
        "(1) the numerator of which is the total of the wages (within
      the meaning of section 209 of the Social Security Act [42 U.S.C.
      409]) for service referred to in section 210(1) of such Act [42
      U.S.C. 410] (relating to service in the uniformed services) and
      deemed additional wages (within the meaning of section 229 of
      such Act [42 U.S.C. 429]) of such individual credited for years
      after 1956 and before the calendar year in which the
      determination month occurs, up to the contribution and benefit
      base determined under section 230 of the Social Security Act [42
      U.S.C. 430] (or other applicable maximum annual amount referred
      to in section 215(e)(1) of such Act [42 U.S.C. 415(e)(1)]) for
      each such year, and
        "(2) the denominator of which is the total of all wages deemed
      additional wages described in paragraph (1) of this subsection
      plus all other wages (within the meaning of section 209 of the
      Social Security Act [42 U.S.C. 409]) and all self-employment
      income (within the meaning of section 211(b) of such Act [42
      U.S.C. 411(b)]) of such individual credited for years after 1936
      and before the calendar year in which the determination month
      occurs, up to the contribution and benefit base (or such other
      amount referred to in such section 215(e)(1) of such Act [42
      U.S.C. 415(e)(1)]) for each such year.

      "(c) Subsection (b) shall not reduce the annuity of any
    individual below the amount of the annuity which would be payable
    under chapter 8 of the Act [this subchapter] to the individual for
    the determination month if section 8332(j) of Title 5 of the United
    States Code applied to the individual for such month.
      "(d) For purposes of this section, the term 'determination month'
    means - 
        "(1) the first month the individual described in subsection (a)
      is entitled to old-age or survivors insurance benefits under
      section 202 of the Social Security Act [42 U.S.C. 402] (or would
      be entitled to such benefits upon filing application therefor);
      or
        "(2) the first day of the month following the month in which
      this Order is issued [Oct. 1983] in the case of any individual so
      entitled to such benefits for such month.

      "(e) The preceding provisions of this section shall take effect
    with respect to any annuity payment payable under chapter 8 of the
    Act [this subchapter] for calendar months beginning after the date
    of this Order [Oct. 17, 1983].
      "(f) The Secretary of Health and Human Services shall furnish
    such information to the Secretary of State as may be necessary to
    carry out the preceding provisions of this section."

      Section 1(b) and (c) of Ex. Ord. No. 12446 provided that
    subsection (d) of this section, applicable (i) to contributions for
    civilian service performed on or after the first day of Nov. 1983,
    (ii) to contributions for prior refunds to participants for which
    application is received by the employing agency on and after such
    first day of Nov. 1983, and (iii) to excess contributions under
    section 4055(h) of this title and voluntary contributions under
    section 4065(a) of this title from the first day of Nov. 1983, is
    deemed to be amended to exclude from the computation of creditable
    civilian service under subsec. (a) of this section any period of
    civilian service for which retirement deductions or contributions
    have not been made under section 4045(d) of this title unless - 
      (1) the participant makes a contribution for such period as
    provided in such section 4045(d) of this title; or
      (2) no contribution is required for such service as provided
    under section 4045(f) of this title as deemed to be amended by this
    Order, or under any other statute.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (i)(2). Pub. L. 101-246 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "A former
    spouse shall not be considered as married to a participant - 
        "(A) for periods assumed to be creditable service under section
      4048(a) of this title or section 4049(e) of this title, or
        "(B) for any extra period of creditable service provided under
      section 4057 of this title for service of a participant at an
      unhealthful post unless the former spouse resided with the
      participant at that post during that period."
      1986 - Subsecs. (a), (b), (f), (h), (i)(1), (j)(1). Pub. L. 99-
    335 substituted "part" for "subchapter" wherever appearing.
      1983 - Subsec. (a). Ex. Ord. No. 12446, Sec. 4(b), designated
    existing provisions as par. (1) and added pars. (2) to (4).
      Subsec. (j). Ex. Ord. No. 12446, Sec. 4(c), added subsec. (j).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by section 4 of Ex. Ord. No. 12446 effective Oct. 17,
    1983, see section 4(e) of Ex. Ord. No. 12446, set out under section
    4067 of this title.

-FOOTNOTE-
    (!1) See Amendment of Section note below.

    (!2) See Amendment of Section note below.

-End-

-CITE-
    22 USC Sec. 4057                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4057. Extra credit for service at unhealthful posts

-STATUTE-
      The Secretary of State may from time to time establish a list of
    places which by reason of climatic or other extreme conditions are
    to be classed as unhealthful posts. Each year of duty at such
    posts, inclusive of regular leaves of absence, shall be counted as
    one and a half years in computing the length of the service of a
    participant for the purpose of retirement, fractional months being
    considered as full months in computing such service. No such extra
    credit for service at such unhealthful posts shall be credited to
    any participant who is paid a differential under section 5925 or
    5928 of title 5 for such service. Such extra credit may not be used
    to determine the eligibility of a person to qualify as a former
    spouse under this part, or to compute the pro rata share under
    section 4044(10) of this title. No extra credit for service at
    unhealthful posts may be given under this section for any service
    as part of a tour of duty, or extension thereof, beginning on or
    after February 16, 1990.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 817, Oct. 17, 1980, 94 Stat. 2120;
    Pub. L. 101-246, title I, Sec. 145(b), Feb. 16, 1990, 104 Stat.
    37.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-246 inserted provisions at end that extra
    credit not be used to determine eligibility to qualify as former
    spouse under this part or to compute the pro rata share under
    section 4044(10) of this title and that no extra credit for service
    at unhealthful posts be given under this section for any service as
    part of a tour of duty, or extension thereof, beginning on or after
    Feb. 16, 1990.

-End-

-CITE-
    22 USC Sec. 4058                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4058. Estimate of appropriations needed

-STATUTE-
      The Secretary of the Treasury shall prepare the estimates of the
    annual appropriations required to be made to the Fund, and shall
    make actuarial valuations of the System at intervals of not more
    than five years. The Secretary of State may expend from money to
    the credit of the Fund an amount not exceeding $5,000 per year for
    the incidental expenses necessary in administering the provisions
    of this part, including actuarial advice.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 818, Oct. 17, 1980, 94 Stat. 2120;
    Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.
    609.)

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-335 substituted "part" for "subchapter".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4059                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4059. Investment of Fund

-STATUTE-
      The Secretary of the Treasury shall invest from time to time in
    interest-bearing securities of the United States such portions of
    the Fund as in the judgment of the Secretary of the Treasury may
    not be immediately required for the payment of annuities, cash
    benefits, refunds, and allowances. The income derived from such
    investments shall constitute a part of the Fund.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 819, Oct. 17, 1980, 94 Stat. 2120.)

-End-

-CITE-
    22 USC Sec. 4060                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4060. Assignment and attachment of moneys

-STATUTE-
    (a) Annuities and severance pay benefits
      (1) An individual entitled to an annuity from the Fund may make
    allotments or assignments of amounts from such annuity for such
    purposes as the Secretary of State in his or her sole discretion
    considers appropriate.
      (2) Notwithstanding section 3727 of title 31 or any other law, a
    member of the Service who is entitled to receive benefits under
    section 4009(b)(1) of this title may assign to any person the whole
    or any part of those benefits. Any such assignment shall be on a
    form approved by the Secretary of the Treasury and a copy of such
    assignment form shall be deposited with the Secretary of the
    Treasury by the member executing the assignment.
    (b) Participants or annuitants having former spouses
      (1)(A) In the case of any participant or annuitant who has a
    former spouse who is covered by a court order or who is a party to
    a spousal agreement - 
        (i) any right of the former spouse to any annuity under section
      4054(a) of this title in connection with any retirement or
      disability annuity of the participant, and the amount of any such
      annuity;
        (ii) any right of the former spouse to a survivor annuity under
      section 4054(b) or (c) of this title, and the amount of any such
      annuity; and
        (iii) any right of the former spouse to any payment of a lump-
      sum credit under section 4055(a) or (b) of this title;

    shall be determined in accordance with that spousal agreement or
    court order, if and to the extent expressly provided for in the
    terms of that spousal agreement or court order.
      (B) This paragraph shall not apply in the case of any spousal
    agreement or court order which, as determined by the Secretary of
    State - 
        (i) would provide for a survivor annuity for a spouse or any
      former spouse of a participant with respect to which there has
      not been an annuity reduction (or a salary reduction or payment
      under section 4054(c)(3) of this title); or
        (ii) is otherwise inconsistent with the requirements of this
      part.

      (2) Except with respect to obligations between participants and
    former spouses, payments under this part which would otherwise be
    made to a participant or annuitant based upon his or her service
    shall be paid (in whole or in part) by the Secretary of State to
    another individual to the extent expressly provided for in the
    terms of any order or any court decree of legal separation, or the
    terms of any court order or court-approved property settlement
    agreement incident to any court decree of legal separation.
      (3) Paragraphs (1) and (2) shall apply only to payments made
    under this part for periods beginning after the date of receipt by
    the Secretary of State of written notice of such decree, order, or
    agreement, and such additional information and such documentation
    as the Secretary of State may require.
      (4) Any payment under this subsection to an individual bars
    recovery by any other individual.
      (5) The 10-year requirement of section 4044(b)(6) of this title,
    or any other provision of this part, shall not be construed to
    affect the rights any spouse or individual formerly married to a
    participant or annuitant may have, under any law or rule of law of
    any State or the District of Columbia, with respect to an annuity
    of a participant or annuitant under this part.
    (c) Applicability of other provisions of law or remedies
      None of the moneys mentioned in this part shall be assignable
    either in law or equity, except under subsection (a) or (b) of this
    section, or subject to execution, levy, attachment, garnishment, or
    other legal process, except as otherwise may be provided by Federal
    law.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 820, Oct. 17, 1980, 94 Stat. 2120;
    Pub. L. 99-335, title IV, Sec. 402(a)(2), June 6, 1986, 100 Stat.
    609.)

-COD-
                               CODIFICATION                           
      In subsec. (a)(2), "section 3727 of title 31" substituted for
    "section 3477 of the Revised Statutes of the United States (31
    U.S.C. 203)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99-335
    substituted "this part" for "this subchapter" wherever appearing.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4061                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4061. Payments for future benefits

-STATUTE-
    (a) Statutes deemed to authorize appropriations to Fund to finance
      unfunded liability
      Any statute which authorizes - 
        (1) new or liberalized benefits payable from the Fund under
      this part, including annuity increases other than under section
      4065 of this title;
        (2) extension of the benefits of the System to new groups of
      employees; or
        (3) increases in salary on which benefits are computed;

    is deemed to authorize appropriations to the Fund to finance the
    unfunded liability created by that statute, in 30 equal annual
    installments with interest computed at the rate used in the then
    most recent valuation of the System and with the first payment
    thereof due as of the end of the fiscal year in which each new or
    liberalized benefit, extension of benefits, or increase in salary
    is effective.
    (b) Authorization of appropriations to Fund
      There is authorized to be appropriated to the Fund for each
    fiscal year an amount equal to the amount of the Foreign Service
    normal cost for that year which is not met by contributions to the
    Fund under section 4045(a) of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 821, Oct. 17, 1980, 94 Stat. 2121;
    Pub. L. 99-335, title IV, Sec. 402(a)(3), June 6, 1986, 100 Stat.
    609.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a)(1). Pub. L. 99-335 inserted "under this part"
    after "payable from the Fund".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4062                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4062. Unfunded liability obligations

-STATUTE-
    (a) Notice of interest and military service credit
      At the end of each fiscal year, the Secretary of State shall
    notify the Secretary of the Treasury of the amount equivalent to - 
        (1) interest on the unfunded liability computed for that year
      at the interest rate used in the then most recent valuation of
      the System, and
        (2) that portion of disbursement for annuities for that year
      which the Secretary of State estimates is attributable to credit
      allowed for military and naval service, less an amount determined
      by the Secretary of State to be appropriate to reflect the value
      of the deposits made to the credit of the Fund under section
      4045(e) of this title.
    (b) Credit to Fund
      Before closing the accounts for each fiscal year, the Secretary
    of the Treasury shall credit such amounts to the Fund, as a
    Government contribution, out of any money in the Treasury of the
    United States not otherwise appropriated.
    (c) Reports to Congress
      Requests for appropriations to the Fund under section 4061(b) of
    this title shall include reports to the Congress on the sums
    credited to the Fund under this section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 822, Oct. 17, 1980, 94 Stat. 2121;
    Ex. Ord. No. 12446, Sec. 4(d), Oct. 17, 1983, 48 F.R. 48445.)

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a)(2). Ex. Ord. No. 12446 inserted ", less an
    amount determined by the Secretary of State to be appropriate to
    reflect the value of the deposits made to the credit of the Fund
    under section 4045(e) of this title".

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by Ex. Ord. No. 12446 effective Oct. 17, 1983, see
    section 4(e) of Ex. Ord. No. 12446, set out under section 4067 of
    this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (c) of this section is listed
    on page 127), see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-
    22 USC Sec. 4063                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4063. Annuity adjustment for recall service

-STATUTE-
    (a) Full salary in lieu of annuity; contributions to Fund;
      resumption of annuity with cost-of-living adjustment
      Any annuitant recalled to duty in the Service under section
    3948(a) of this title shall, while so serving, be entitled in lieu
    of annuity to the full salary of the class in which serving. During
    such service the recalled annuitant shall make contributions to the
    Fund in accordance with section 4045 of this title. On the day
    following termination of the recall service, the former annuity
    shall be resumed, adjusted by any cost-of-living increases under
    section 4065 of this title that became effective during the recall
    period.
    (b) Refund of contributions to Fund; election for supplemental
      annuity or determination of annuity anew; prior service counted
      as recall service
      If the recall service lasts less than one year, the contributions
    of the annuitant to the Fund during recall service shall be
    refunded in accordance with section 4055 of this title. If the
    recall service lasts more than one year, the annuitant may, in lieu
    of such refund, elect a supplemental annuity computed under section
    4046 of this title on the basis of service credit and average
    salary earned during the recall period irrespective of the number
    of years of service credit previously earned. If the recall service
    continues for at least 5 years, the annuitant may elect to have his
    or her annuity determined anew under section 4046 of this title in
    lieu of any other benefits under this section. Any annuitant who is
    recalled under section 3948 of this title may upon written
    application count as recall service any prior service that is
    creditable under section 4056 of this title that was performed
    after the separation upon which his or her annuity is based.
    (c) Annuitant subject to Foreign Service Pension System
      If an annuitant becomes subject to part II of this subchapter by
    reason of recall service - 
        (1) subsections (a) and (b) of this section shall not apply to
      such annuitant; and
        (2) section 4064 of this title shall apply to the recall
      service as if such service were reemployment.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 823, Oct. 17, 1980, 94 Stat. 2122;
    Pub. L. 99-335, title IV, Sec. 409, June 6, 1986, 100 Stat. 612.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-335 added subsec. (c).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4064                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4064. Reemployment

-STATUTE-
    (a) Termination of annuity; coverage under same retirement system
      or another contributory retirement system; rights and benefits
      (1)(A) (!1) Except in the case of an annuitant who makes an
    election under subsection (b) of this section or in the case of a
    waiver under subsection (g) of this section, if any former
    participant, who has retired and is receiving an annuity under this
    part or part II of this subchapter, becomes employed in an
    appointive or elective position in the Government, payment of any
    annuity under either part to the annuitant shall terminate
    effective on the date of the employment and the reemployment
    service shall be covered service under the rules of the system
    under which the appointment is made.

      (B) If the annuity of an individual is terminated under
    subparagraph (A) and that individual becomes covered under the same
    retirement system from which that annuity is terminated, that
    individual shall be entitled to a redetermination of rights under
    that system upon termination of the employment.
      (C) If the annuity is terminated and the individual becomes
    covered under another contributory retirement system for Government
    employees pursuant to paragraph (A), the individual shall be
    entitled to benefits under the rules of that system. In addition,
    the individual shall be entitled to a resumption of any annuity
    terminated by reason of the employment.
    (b) Part-time, intermittent, or temporary employment; election to
      continue receiving annuity; reduction in amount of annuity;
      resumption of full annuity
      (1) A participant who is entitled to an annuity under this part
    or part II of this subchapter and becomes employed in an appointive
    or elective position in the Government on a part-time,
    intermittent, or temporary basis may elect to continue to receive
    either or both annuities as provided in this subsection.
      (2) The total annuity payable under this subchapter to an
    annuitant making an election under paragraph (1) shall be reduced
    during the part-time, intermittent, or temporary employment
    referred to in paragraph (1) as necessary to meet the requirements
    of paragraph (3).
      (3)(A) The sum of - 
        (i) the total annuity payable under this subchapter to an
      annuitant making an election under paragraph (1), and
        (ii) the annual rate of pay payable to the annuitant during the
      part-time, intermittent, or temporary employment referred to in
      paragraph (1),

    may not exceed, in any calendar year, the amount described in
    subparagraph (B).
      (B) The amount referred to in subparagraph (A) is the greater of -
     
        (i) the highest annual rate of basic pay which is payable
      during such year for full-time employment in the position in
      which the annuitant is employed, or
        (ii) the basic pay the annuitant was entitled to receive under
      this chapter on the date of retirement from the Service.

      (C) For purposes of this section, the term "annuity" means the
    annuity earned by the reemployed member based on his or her service
    irrespective of whether or not the amount payable is reduced by the
    amount of an annuity payable under section 4054 or 4060(b) of this
    title.
      (4) Upon termination of the part-time, intermittent, or temporary
    employment referred to in paragraph (1), payment of the full
    annuity of an annuitant who has made an election under paragraph
    (1) of this subsection shall resume.
    (c) Amount of annuity on resumption; amount resulting from
      redetermination of rights
      The amount of annuity which has been terminated or reduced under
    this section by reason of the reemployment of the annuitant and is
    resumed under this section shall be the amount of the annuity which
    would have been payable if the annuitant had not accepted the
    reemployment. The amount of an annuity resulting from a
    redetermination of rights pursuant to subsection (a) of this
    section shall not be less than the amount of an annuity resumed
    under the previous sentence.
    (d) Annuity rights to be determined under this section
      The annuity rights of any participant who is reemployed in the
    Government shall be determined under this section instead of
    section 8468 of title 5.
    (e) Notice; direct payment of salary
      When any such retired participant is reemployed, the employer
    shall send a notice of such reemployment to the Secretary of State,
    together with all pertinent information relating to such
    employment, and shall pay directly to such participant the salary
    of the position in which he or she is serving.
    (f) Recovery of overpayment
      In the event of any overpayment under this section, such
    overpayment shall be recovered by withholding the amount involved
    from the salary payable to such reemployed participant or from any
    other moneys, including annuity payments, payable under this
    subchapter.
    (g) Waiver of annuity limitations
      (1) To facilitate the assignment of persons to Iraq and
    Afghanistan or to posts vacated by members of the Service assigned
    to Iraq and Afghanistan, the Secretary of State may waive the
    application of subsections (a) through (d) on a case-by-case basis
    for an annuitant reemployed on a temporary basis, or grant
    authority to the head of an Executive agency to waive the
    application of subsections (a) through (d) on a case-by-case basis
    for an annuitant reemployed on a temporary basis - 
        (A) if, and for so long as, such waiver is necessary due to an
      emergency involving a direct threat to life or property or other
      unusual circumstances; or
        (B) if the annuitant is employed in a position for which there
      is exceptional difficulty in recruiting or retaining a qualified
      employee.

      (2) The authority of the Secretary to waive the application of
    subsections (a) through (d) for an annuitant pursuant to
    subparagraph (B) of paragraph (1), or to grant authority to the
    head of an Executive agency to waive the application of such
    subsections to an annuitant under subparagraphs (A) or (B) of such
    paragraph, shall terminate on October 1, 2008. An annuitant
    reemployed pursuant to such authority prior to such termination
    date may be employed for a period ending not later than one year
    after such date.
      (3) The Secretary should prescribe procedures for the exercise of
    any authority under paragraph (1), including criteria for any
    exercise of authority and procedures for a delegation of authority.
    (h) Effects of waiver
      A reemployed annuitant as to whom a waiver under subsection (g)
    of this section is in effect shall not be considered a participant
    for purposes of this part or part II of this subchapter, or an
    employee for purposes of chapter 83 or 84 of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 824, Oct. 17, 1980, 94 Stat. 2122;
    Pub. L. 99-335, title IV, Secs. 402(a)(2), 410, June 6, 1986, 100
    Stat. 609, 613; Pub. L. 99-556, title IV, Sec. 403, Oct. 27, 1986,
    100 Stat. 3136; Pub. L. 105-277, div. C, title I, Sec. 103, Oct.
    21, 1998, 112 Stat. 2681-585; Pub. L. 109-234, title I, Sec.
    1602(a), June 15, 2006, 120 Stat. 440.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (g). Pub. L. 109-234 amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "The
    Secretary of State may waive the application of the paragraphs (a)
    through (d) of this section, on a case-by-case basis, for an
    annuitant reemployed on a temporary basis, but only if, and for so
    long as, the authority is necessary due to an emergency involving a
    direct threat to life or property or other unusual circumstances."
      1998 - Pub. L. 105-277, which directed amendment of section 824
    of the Foreign Service Act, in subsec. (a)(1)(A), by inserting "or
    in the case of a waiver under subsection (g) of this section" after
    "subsection (b) of this section", and by adding subsecs. (g) and
    (h), was executed to this section, which is section 824 of the
    Foreign Service Act of 1980, to reflect the probable intent of
    Congress.
      1986 - Subsec. (a). Pub. L. 99-335, Sec. 410, amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
    "Notwithstanding any other law, any member of the Service who has
    retired and is receiving an annuity under this part, and who is
    reemployed in the Government service in any part-time or full-time
    appointive position, shall be entitled to receive the salary of the
    position in which he or she is serving plus so much of the annuity
    payable under this part which when combined with such salary does
    not exceed during any calendar year the basic salary the member was
    entitled to receive under this chapter on the date of retirement
    from the Service. Any such reemployed member of the Service who
    receives salary during any calendar year in excess of the maximum
    amount which he or she may be entitled to receive under this
    subsection shall be entitled to such salary in lieu of benefits
    under this part."
      Pub. L. 99-335, Sec. 402(a)(2), substituted "this part" for "this
    subchapter" in three places.
      Subsec. (b). Pub. L. 99-335, Sec. 410, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "When
    any such retired member of the Service is reemployed, the employer
    shall send a notice of such reemployment to the Secretary of State,
    together with all pertinent information relating to such
    employment, and shall pay directly to such member the salary of the
    position in which he or she is serving."
      Subsec. (b)(3). Pub. L. 99-556, Sec. 403, amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "The sum
    of - 
        "(A) the total annuity payable under this subchapter to an
      annuitant making an election under paragraph (1), and
        "(B) the annual rate of pay payable to the annuitant during the
      part-time, intermittent, or temporary employment referred to in
      paragraph (1),
    may not exceed, in any calendar year, the highest annual rate of
    pay which is payable during such year for full-time employment in
    the position in which the annuitant is employed."
      Subsec. (c). Pub. L. 99-335, Sec. 410, amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "In the
    event of any overpayment under this section, such overpayment shall
    be recovered by withholding the amount involved from the salary
    payable to such reemployed member of the Service or from any other
    moneys, including annuity payments, payable under this part."
      Pub. L. 99-335, Sec. 402(a)(2), substituted "this part" for "this
    subchapter".

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Amendment by Pub. L. 99-556 effective Jan. 1, 1987, and
    applicable to any individual in a reemployed status on or after
    that date, see section 408 of Pub. L. 99-556, set out as a note
    under section 4046 of this title.
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.

-End-

-CITE-
    22 USC Sec. 4065                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4065. Voluntary contribution account

-STATUTE-
    (a) Composition; election and return
      (!1) The voluntary contribution account shall be the sum of
    unrefunded amounts voluntarily contributed prior to February 15,
    1981, by any participant or former participant under any prior law
    authorizing such contributions to the Fund, plus interest
    compounded at the rate of 3 percent per year to the date of
    separation from the Service or (in case of participant or former
    participant separated with entitlement to a deferred annuity) to
    the date the voluntary contribution account is claimed, the
    commencing date fixed for the deferred annuity, or the date of
    death, whichever is earlier. Effective on the date the participant
    becomes eligible for an annuity or a deferred annuity and at the
    election of the participant, his or her account shall be - 

        (1) returned in a lump sum;
        (2) used to purchase an additional life annuity;
        (3) used to purchase an additional life annuity for the
      participant and to provide for a cash payment on his or her death
      to a beneficiary whose name shall be notified in writing to the
      Secretary of State by the participant; or
        (4) used to purchase an additional life annuity for the
      participant and a life annuity commencing on his or her death
      payable to a beneficiary whose name shall be notified in writing
      to the Secretary of State by the participant, with a guaranteed
      return to the beneficiary or his or her legal representative of
      an amount equal to the cash payment referred to in paragraph (3).
    (b) Computation of benefits
      The benefits provided by subsection (a)(2), (3), or (4) of this
    section shall be actuarially equivalent in value to the payment
    provided for by subsection (a)(1) of this section and shall be
    calculated upon such tables of mortality as may be from time to
    time prescribed for this purpose by the Secretary of the Treasury.
    (c) Lump-sum payment; time; order of precedence
      A voluntary contribution account shall be paid in a lump sum
    following receipt of an application therefor from a present or
    former participant if application is filed prior to payment of any
    additional annuity. If not sooner paid, the account shall be paid
    at such time as the participant separates from the Service for any
    reason without entitlement to an annuity or a deferred annuity or
    at such time as a former participant dies or withdraws compulsory
    contributions to the Fund. In case of death, the account shall be
    paid in the order of precedence specified in section 4055(f) of
    this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 825, Oct. 17, 1980, 94 Stat. 2122.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Section 1(a) and (c) of Ex. Ord. No. 12446, Oct. 17, 1983, 48
    F.R. 48443, set out as a note under section 4067 of this title,
    provided that the first sentence of subsection (a) of this section,
    applicable (i) to contributions for civilian service performed on
    or after the first day of Nov. 1983, (ii) to contributions for
    prior refunds to participants for which application is received by
    the employing agency on and after such first day of Nov. 1983, and
    (iii) to excess contributions under section 4055(h) of this title
    and voluntary contributions under section 4065(a) of this title
    from the first day of Nov. 1983, is deemed to be amended to provide
    that interest shall be compounded at the annual rate of 3 percent
    per annum through December 31, 1984, and thereafter at a rate equal
    to the overall average yield to the Fund during the preceding
    fiscal year from all obligations purchased by the Secretary of the
    Treasury during such fiscal year under section 4059 of this title,
    as determined by the Secretary of the Treasury.

-COD-
                               CODIFICATION                           
      In subsec. (a), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.

-FOOTNOTE-
    (!1) See Amendment of Section note below.

-End-

-CITE-
    22 USC Sec. 4066                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4066. Cost-of-living adjustment of annuities

-STATUTE-
    (a) Effective date
      A cost-of-living annuity increase shall become effective under
    this section on the effective date of each such increase under
    section 8340(b) of title 5. Each such increase shall be applied to
    each annuity payable from the Fund under this part which has a
    commencing date not later than the effective date of the increase.
    (b) Applicability of increases under other provisions of law
      Each annuity increase under this section shall be identical to
    the corresponding percentage increase under section 8340(b) of
    title 5.
    (c) Eligibility for increases
      Eligibility for an annuity increase under this section shall be
    governed by the commencing date of each annuity payable from the
    Fund under this part as of the effective date of an increase except
    as follows:
        (1) The first increase (if any) made under this section to an
      annuity which is payable from the Fund to a participant or to the
      surviving spouse or former spouse of a deceased participant who
      died in service or a deceased annuitant whose annuity was not
      increased under this section, shall be equal to the product
      (adjusted to the nearest  1/10  of 1 percent) of - 
          (A)  1/12  of the applicable percent change computed under
        subsection (b) of this section, multiplied by
          (B) the number of months (counting any portion of a month as
        a month) - 
            (i) for which the annuity was payable from the Fund before
          the effective date of the increase, or
            (ii) in the case of a surviving spouse or former spouse of
          a deceased annuitant whose annuity has not been so increased,
          since the annuity was first payable to the deceased
          annuitant.

        (2) Effective from its commencing date, an annuity payable from
      the Fund under this part to the survivor of an annuitant, except
      a child entitled to an annuity under section 4046(c) of this
      title or section 4049(c) or (d) of this title, shall be increased
      by the total percentage increase the annuitant was receiving
      under this section at death.
        (3) For purposes of computing or recomputing an annuity to a
      child under section 4046(c) or (d) of this title or section
      4049(c) or (d) of this title, the items $900, $1,080, $2,700, and
      $3,240 appearing in section 4046(c) of this title shall be
      increased by the total percentage increases by which
      corresponding amounts are being increased under section 8340 of
      title 5 on the date the annuity of the child becomes effective.
    (d) Exclusion of additional annuity purchased after retirement by
      voluntary contribution
      No increase in annuity provided by this section shall be computed
    on any additional annuity purchased at retirement by voluntary
    contributions.
    (e) Rounding off of amount; minimum increases
      The monthly installment of annuity after adjustment under this
    section shall be rounded to the next lowest dollar, except such
    installment shall after adjustment reflect an increase of at least
    $1.
    (f) Rate of increase for surviving spouses of annuitants electing
      reduced annuity
      Effective from its commencing date, there shall be an increase of
    10 percent in the annuity of each surviving spouse whose
    entitlement to annuity resulted from the death of an annuitant who,
    prior to October 1, 1976, elected a reduced annuity in order to
    provide a spouse's survivor annuity.
    (g) Maximum annuity
      (1) An annuity shall not be increased by reason of any adjustment
    under this section to an amount which exceeds the greater of - 
        (A) the maximum pay rate payable for class FS-1 under section
      3963 of this title, 30 days before the effective date of the
      adjustment under this section; or
        (B) the final pay (or average pay, if higher) of the former
      participant with respect to whom the annuity is paid, increased
      by the overall annual average percentage adjustments (compounded)
      in rates of pay of the Foreign Service Schedule under such
      section 3963 of this title during the period - 
          (i) beginning on the date the annuity commenced (or, in the
        case of a survivor of the retired participant, the date the
        participant's annuity commenced), and
          (ii) ending on the effective date of the adjustment under
        this section.

      (2) For the purposes of paragraph (1) of this subsection, "pay"
    means the rate of salary or basic pay as payable under any
    provision of law, including any provision of law limiting the
    expenditure of appropriated funds.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 826, Oct. 17, 1980, 94 Stat. 2123;
    Ex. Ord. No. 12289, Sec. 1, Feb. 14, 1981, 46 F.R. 12693; Ex. Ord.
    No. 12446, Secs. 2(a), 6(a), Oct. 17, 1983, 48 F.R. 48443, 48446;
    Pub. L. 99-335, title IV, Sec. 402(a)(3), June 6, 1986, 100 Stat.
    609; Pub. L. 100-238, title II, Sec. 219, Jan. 8, 1988, 101 Stat.
    1775.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c)(1). Pub. L. 100-238 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "The first
    increase (if any) made under this section to an annuity which is
    payable from the Fund under this part to a participant or to the
    surviving spouse of a deceased participant who dies in service
    shall be equal to the product (adjusted to the nearest  1/10  of 1
    percent) of - 
        "(a)  1/6  of the applicable percent change determined under
      subsection (b) of this section, multiplied by
        "(b) the number of full months for which the annuity was
      payable from the Fund under this part before the effective date
      of the increase (counting any portion of a month as a full
      month).
    In the administration of this paragraph, the number of days of
    unused sick leave to the credit of a participant or deceased
    participant on the effective date of the then last preceding
    general annuity increase under this section shall be deemed to be
    equal to the number of days of unused sick leave to his or her
    credit on the day of separation from the Service."
      1986 - Subsecs. (a), (c). Pub. L. 99-335 inserted "under this
    part" after "payable from the Fund" wherever appearing.
      1983 - Subsec. (e). Ex. Ord. No. 12446, Sec. 2(a), substituted
    "rounded to the next lowest" for "fixed at the nearest".
      Subsec. (g). Ex. Ord. No. 12446, Sec. 6(a), added subsec. (g).
      1981 - Subsec. (c)(1). Ex. Ord. No. 12289 amended first sentence
    of par. (1) generally. Prior to amendment, first sentence read as
    follows: "An annuity (except a deferred annuity) payable from the
    Fund to a participant who retires and receives an immediate
    annuity, or to a surviving spouse or former spouse of a deceased
    participant who dies in service or who dies after being separated
    with benefits under section 4009(b)(2) of this title, which has a
    commencing date after the effective date of the then last preceding
    general annuity increase under this section shall not be less than
    the annuity which would have been payable if the commencing date of
    such annuity had been the effective date of such last preceding
    increase."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Amendment by section 2(a) Ex. Ord. No. 12446 effective with
    respect to any adjustment or redetermination of any annuity made on
    or after Oct. 17, 1983, see section 2(b) of Ex. Ord. No. 12446, set
    out under section 4067 of this title.
      Amendment by section 6 of Ex. Ord. No. 12446 applicable to any
    adjustment occurring on or after Apr. 1, 1983 under this section to
    any annuity payable from the Foreign Service Retirement and
    Disability Fund, whether such annuity has a commencing date before,
    on, or after Oct. 17, 1983, but shall not cause any annuity to be
    reduced below the rate that is payable on Oct. 17, 1983, see
    section 6(b) of Ex. Ord. No. 12446, set out under section 4067 of
    this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Ex. Ord. No. 12289 effective Feb. 15, 1981, see
    section 3 of Ex. Ord. No. 12289, set out under section 4067 of this
    title.

    DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995,
                                 AND 1996
      Any cost-of-living increase scheduled to take effect during
    fiscal year 1994, 1995, or 1996 under this section delayed until
    first day of third calendar month after date such increase would
    otherwise take effect, see section 11001 of Pub. L. 103-66, set out
    as a note under section 8340 of Title 5, Government Organization
    and Employees.

-End-

-CITE-
    22 USC Sec. 4067                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4067. Compatibility between retirement systems

-STATUTE-
    (a) Civil Service and Foreign Service Retirement Systems
      In order to maintain existing conformity between the Civil
    Service Retirement and Disability System under subchapter III of
    chapter 83 of title 5, and the Foreign Service Retirement and
    Disability System, whenever a law of general applicability is
    enacted which - 
        (1) affects the treatment of current or former participants,
      annuitants, or survivors under the Civil Service Retirement and
      Disability System; and
        (2) affects treatment which, immediately prior to the enactment
      of such law, was substantially identical to the treatment
      accorded to participants, former participants, annuitants, or
      survivors under the Foreign Service Retirement and Disability
      System;

    such law shall be extended in accordance with subsection (b) of
    this section to the Foreign Service Retirement and Disability
    System so that it applies in like manner with respect to
    participants, former participants, annuitants, or survivors under
    that System.
    (b) Regulations to implement prescribed by Executive order
      The President shall by Executive order prescribe regulations to
    implement this section and may make such extension retroactive to a
    date no earlier than the effective date of the provision of law
    applicable to the Civil Service Retirement and Disability System.
    Any provision of an Executive order issued under this section shall
    modify, supersede, or render inapplicable, as the case may be, to
    the extent inconsistent therewith - 
        (1) all provisions of law enacted prior to the effective date
      of that provision of the Executive order, and
        (2) any prior provision of an Executive order issued under this
      section.
    (c) Federal Employees' Retirement and Foreign Service Pension
      Systems
      The President shall maintain, under the same conditions and in
    the same manner as provided in subsections (a) and (b) of this
    section existing conformity between the Federal Employees'
    Retirement System provided in chapter 84 of title 5 and the Foreign
    Service Pension System provided in part II of this subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 827, Oct. 17, 1980, 94 Stat. 2124;
    Pub. L. 99-335, title IV, Sec. 411, June 6, 1986, 100 Stat. 614.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-335 added subsec. (c).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
    702(a) of Pub. L. 99-335, set out as an Effective Date note under
    section 8401 of Title 5, Government Organization and Employees.

         REFERENCE TO VETERANS' ADMINISTRATION DEEMED REFERENCE TO
                      DEPARTMENT OF VETERANS AFFAIRS
      Pub. L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275,
    provided that: "Any reference to the Veterans' Administration in
    any regulation prescribed or Executive order issued pursuant to
    section 827(a) of the Foreign Service Act of 1980 (22 U.S.C.
    4067(a)) shall be deemed to be a reference to the Department of
    Veterans Affairs."

    CONSTRUCTION OF SECTION WITH CIVIL SERVICE RETIREMENT SPOUSE EQUITY
                                ACT OF 1984
      This section not applicable with respect to either the amendments
    made by section 2 of Pub. L. 98-615 or the provisions of section 4
    of Pub. L. 98-615 relating to equitable treatment under the Civil
    Service Retirement System for former spouses, except that,
    notwithstanding section 4(h) of Pub. L. 98-615, this section
    applicable with respect to sections 8339(j) and 8341(e) and (h) of
    Title 5, Government Organization and Employees, and section 4
    (except subsec. (b)) of Pub. L. 98-615 to the extent that those
    sections apply to a qualified former wife or husband, see section
    4069-1 of this title and section 4(h) of Pub. L. 98-615, set out as
    an Effective Date of 1984 Amendment note under section 8341 of
    Title 5.

            RECOMMENDATIONS BY SECRETARY OF STATE TO PRESIDENT        
      For authority for the Secretary of State to make recommendations
    to the President through the Director of the Office of Management
    and Budget whenever action is appropriate under this section to
    maintain existing conformity between the Civil Service Retirement
    and Disability System and the Foreign Service Retirement and
    Disability System, see section 3 of Ex. Ord. No. 12293, Feb. 23,
    1981, 46 F.R. 13969, set out as a note under section 3901 of this
    title.

-EXEC-
       EX. ORD. NO. 12289. CONFORMING THE FOREIGN SERVICE AND CIVIL
                 SERVICE RETIREMENT AND DISABILITY SYSTEMS
      Ex. Ord. No. 12289, Feb. 14, 1981, 46 F.R. 12693, as amended by
    Pub. L. 102-54, Sec. 13(h)(2), June 13, 1991, 105 Stat. 275,
    provided:
      By the authority vested in me as President of the United States
    of America by Section 827 of the Foreign Service Act of 1980 (22
    U.S.C. 4067), and in order to conform further the Foreign Service
    Retirement and Disability System to the Civil Service Retirement
    and Disability System, it is hereby ordered as follows:
      Section 1. (a) Section 826(c) of the Foreign Service Act of 1980
    (22 U.S.C. 4066(c)) is deemed to be amended by striking out the
    first sentence of paragraph (1) thereof, and inserting in lieu
    thereof the following sentence:
        "(1) The first increase (if any) made under this section to an
      annuity which is payable from the Fund to a participant or to the
      surviving spouse of a deceased participant who dies in service
      shall be equal to the product (adjusted to the nearest  1/10  of
      1 percent) of - 
          "(a)  1/6  of the applicable percent change determined under
        Subsection (b) of this Section, multiplied by
          "(b) the number of full months for which the annuity was
        payable from the Fund before the effective date of the increase
        (counting any portion of a month as a full month).".
      Sec. 2. Section 808(a) of the Foreign Service Act of 1980 (22
    U.S.C. 4048(a)) is deemed to be amended by adding at the end
    thereof the following:
      "However, if a participant retiring under this section is
    receiving retired pay or retainer pay for military service (except
    that specified in Section 8332(c)(1) or (2) of title 5 of the
    United States Code) or Department of Veterans Affairs pension or
    compensation in lieu of such retired or retainer pay, the annuity
    of that participant shall be computed under this chapter excluding
    extra credit authorized by this subsection and excluding credit for
    military service from that computation. If the amount of the
    annuity so computed, plus the retired or retainer pay which is
    received, or which would be received but for the application of the
    limitation in Section 5532 of title 5 of the United States Code, or
    the Department of Veterans Affairs pension or compensation in lieu
    of such retired pay or retainer pay, is less than the annuity that
    would be payable under this chapter in the absence of the previous
    sentence, an amount equal to the difference shall be added to the
    annuity computed under this chapter.".
      Sec. 3. The amendments to be deemed made by this Order shall take
    effect as of February 15, 1981.

       EX. ORD. NO. 12446. CONFORMING THE FOREIGN SERVICE AND CIVIL
                 SERVICE RETIREMENT AND DISABILITY SYSTEMS
      Ex. Ord. No. 12446, Oct. 17, 1983, 48 F.R. 48443, provided:
      By the authority vested in me as President of the United States
    of America by Section 827 of the Foreign Service Act of 1980 (22
    U.S.C. 4067) (hereafter referred to as "the Act" [this chapter]),
    and in order to conform further the Foreign Service Retirement and
    Disability System to the Civil Service Retirement and Disability
    System, it is hereby ordered as follows:
      Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a)
    The second sentence of Section 805(d)(3) of the Act (22 U.S.C.
    4045(d)(3)), the first sentence of Section 815(h) (22 U.S.C.
    4055(h)), and the first sentence of Section 825(a) (22 U.S.C.
    4065(a)), are deemed to be amended to provide that interest shall
    be compounded at at the annual rate of 3 percent per annum through
    December 31, 1984, and thereafter at a rate equal to the overall
    average yield to the Fund during the preceding fiscal year from all
    obligations purchased by the Secretary of the Treasury during such
    fiscal year under section 819 [22 U.S.C. 4059], as determined by
    the Secretary of the Treasury.
      (b) Sections 806(a) and 816(d) of the Act (22 U.S.C. 4046(a) and
    4056(d)) are deemed to be amended to exclude from the computation
    of creditable civilian service under section 816(a) of the Act any
    period of civilian service for which retirement deductions or
    contributions have not been made under section 805(d) [22 U.S.C.
    4045] of the Act unless - 
      (1) the participant makes a contribution for such period as
    provided in such section 805(d); or
      (2) no contribution is required for such service as provided
    under section 805(f) of the Act as deemed to be amended by this
    Order, or under any other statute.
      (c) The amendments deemed to be made by section 1 of this Order
    shall apply (i) to contributions for civilian service performed on
    or after the first day of the month following issuance of this
    Order [Oct. 17, 1983], (ii) to contributions for prior refunds to
    participants for which application is received by the employing
    agency on and after such first day of the month, and (iii) to
    excess contributions under section 815(h) [22 U.S.C. 4055(h)] and
    voluntary contributions under section 825(a) [22 U.S.C. 4065(a)]
    from the first day of the month following issuance of this Order.
      Sec. 2. Rounding Down of Annuities. (a) Section 826(e) of the Act
    (22 U.S.C. 4066(e)) is deemed to be amended by striking out "fixed
    at the nearest" and inserting in lieu thereof "rounded to the next
    lowest".
      (b) The amendment deemed to be made by section 2(a) of this Order
    shall be effective with respect to any adjustment or
    redetermination of any annuity made on or after the date of this
    Order [Oct. 17, 1983].
      Sec. 3. Later Commencement Date For Certain Annuities.
      (a) Section 807(a) of the Act (22 U.S.C. 4047(a)) is deemed to be
    amended to read as follows:
      "(a)(1) Except as otherwise provided in paragraph (2), the
    annuity of a participant who has met the eligibility requirements
    for an annuity shall commence on the first day of the month after -
    
      "(A) separation from the Service occurs; or
      "(B) pay ceases and the service and age requirements for
    entitlement to annuity are met.
      "(2) The annuity of - 
      "(A) a participant who is retired and is eligible for benefits
    under section 609(a) [22 U.S.C. 4009(a)] or a participant who is
    retired under section 813 [22 U.S.C. 4053] or is otherwise
    involuntarily separated from the Service, except by removal for
    cause on charges of misconducted or delinquency.
      "(B) a participant retiring under section 808 [22 U.S.C. 4048]
    due to a disability, and
      "(C) a participant who serves 3 days or less in the month of
    retirement - 
    shall commence on the day after separation from the Service or the
    day after pay ceases and the requirements for entitlement to
    annuity are met.".
      (b) The amendment deemed to be made by paragraph 3(a) of this
    Order shall become effective thirty days after the effective date
    of this Order [Oct. 17, 1983].
      Sec. 4. Credit For Military Service. (a) Section 805 of the Act
    (22 U.S.C. 4045) is deemed to be amended - 
      (i) by striking out subsection (e) and substituting the following
    subsection in lieu thereof:
      "(e)(1) Each participant who has performed military or naval
    service before the date of separation on which the entitlement to
    any annuity under this chapter is based may pay to the Secretary a
    special contribution equal to 7 percent of the amount of the basic
    pay paid under section 204 of title 37 of the United States Code,
    to the participant for each period of military or naval service
    after December 1956. The amount of such payments shall be based on
    such evidence of basic pay for military service as the participant
    may provide or if the Secretary determines sufficient evidence has
    not been so provided to adequately determine basic pay for military
    or naval service, such payment shall be based upon estimates of
    such basic pay provided to the Department under paragraph (4).
      "(2) Any deposit made under paragraph (1) of this subsection more
    than two years after the later of - 
      "(A) the effective date of this Order, or
      "(B) the date on which the participant making the deposit first
    became a participant in a Federal staff retirement system for
    civilian employees, - 
    shall include interest on such amount computed and compounded
    annually beginning on the date of the expiration of the two-year
    period. The interest rate that is applicable in computing interest
    in any year under this paragraph shall be equal to the interest
    rate that is applicable for such year under subsection (d) of this
    section.
      "(3) Any payment received by the Secretary under this section
    shall be remitted to the Fund.
      "(4) The Secretary of Defense, the Secretary of Transportation,
    the Secretary of Commerce, or the Secretary of Health and Human
    Services, as appropriate, shall furnish such information to the
    Secretary as the Secretary may determine to be necessary for the
    administration of this subsection.
      "(f) Contributions shall only be required to obtain credit for
    periods of military or naval service to the extent provided under
    section 805(e) [22 U.S.C. 4045(e)] and section 816(a) [22 U.S.C.
    4056(a)], except that credit shall be allowed in the absence of
    contributions to individuals of Japanese ancestry under section 816
    [22 U.S.C. 4056] for periods of internment during World War II.";
    and - 
      (ii) by redesignating subsection (f) as subsection (g).
      (b) Section 816(a) of the Act (22 U.S.C. 4056(a)) is deemed to be
    amended by adding "(1)" after "(a)" and by adding the following new
    paragraphs at the end thereof:
      "(2) The service of an individual who first becomes a participant
    on or after the date of this Order without any credit under section
    816 for civilian service performed prior to October 1, 1982, shall
    include credit for:
      "(A) each period of military or naval service performed before
    January 1, 1957, and
      "(B) each period of military or naval service performed after
    December 31, 1956, and before the separation on which the
    entitlement to annuity under this chapter is based, only if a
    deposit (with interest if any is required) is made with respect to
    that period, as provided in section 805(e) [22 U.S.C. 4045(e)].
      "(3) The service of an individual who first became a participant
    on or after the date of this Order with credit under section 816
    [22 U.S.C. 4056] for civilian service performed prior to October
    1982, shall include credit for each period of military or naval
    service performed before the date of the separation on which the
    entitlement to an annuity under this chapter is based, subject, in
    the case of military or naval service performed after December
    1956, to section 816(j) [22 U.S.C. 4056(j)], as deemed to be added
    by this Order.
      "(4) The service of an individual who first became a participant
    before the date of this Order shall include credit for each period
    of military or naval service performed before the date of the
    separation on which the entitlement to an annuity under this
    chapter is based, subject, in the case of military or naval service
    performed after December 1976, to section 816(j) [22 U.S.C.
    4056(j)], as deemed to be added by this Order";
      (c) Section 816 of the Act (22 U.S.C. 4056) is deemed to be
    further amended by adding a new subsection (j) at the end thereof
    to read as follows:
      "(1) Except as otherwise provided by statute or Executive Order,
    Section 8332(j) of Title 5, United States Code, relating to
    redetermination of credit for military and naval service, shall be
    applied to annuities payable under this chapter. The Secretary of
    State shall redetermine service, and may request and obtain
    information from the Secretary of Health and Human Services, as the
    Office of Personnel Management is directed or authorized to do in
    Section 8332(j).
      "(2) Section 8332(j) of Title 5, United States Code, shall not
    apply with respect to:
      "(A) the service of any individual who first became a participant
    on or after the date of this Order without any credit under section
    816 [22 U.S.C. 4056] for civilian service performed prior to
    October 1982; or
      "(B) any military or naval service performed prior to 1957 by an
    individual who first became a participant on or after the date of
    this Order with credit under section 816 [22 U.S.C. 4056] for
    civilian service performed prior to October 1982, or any period of
    military or naval service performed after 1956 with respect to
    which the participant has made a contribution (with interest if any
    is required) under section 805(e) [22 U.S.C. 4045(e)]; or
      "(C) any military or naval service performed prior to 1977 by any
    individual who first became a participant before the date of this
    Order or any period of military or naval service performed after
    1976 with respect to which the participant has made a contribution
    (with interest if any is required) under section 805(e) [22 U.S.C.
    4045(e)]."
      (d) Section 822(a) of the Act (22 U.S.C. 4062(a)) is deemed to be
    amended by striking out the period at the end thereof and inserting
    in lieu thereof: ", less an amount determined by the Secretary of
    State to be appropriate to reflect the value of the deposits made
    to the credit of the Fund under section 805(e).".
      (e) The amendments deemed to be made by Section 4 of this Order
    shall be effective on the date of this Order [Oct. 17, 1983].
      Sec. 5. Recomputation at Age 62 of Credit for Military Service of
    Current Annuitants. (a) Section 816(a) of the Act (22 U.S.C.
    4056(a)) is deemed to be further amended so that the provisions of
    section 8332(j) of Title 5 of the United States Code, relating to
    credit for military service, shall not apply with respect to any
    individual who is entitled to an annuity under such Act [this
    chapter] on or before the date of approval of this order [Oct. 17,
    1983], or who is entitled to an annuity based on a separation from
    service occurring on or before such date.
      (b) Subject to subsection (c), in any case in which an individual
    described in subsection (a) is also entitled to old-age or
    survivors insurance benefits under section 202 of the Social
    Security Act [42 U.S.C. 402] (or would be entitled to such benefits
    upon filing application therefor), the amount of the annuity to
    which such individual is entitled under chapter 8 of the Act [this
    subchapter] (after taking into account subsection (a)) which is
    payable for any month shall be reduced by an amount determined by
    multiplying the amount of such old-age or survivors insurance
    benefit for the determination month by a fraction - 
      (1) the numerator of which is the total of the wages (within the
    meaning of section 209 of the Social Security Act [42 U.S.C. 409])
    for service referred to in section 210(1) of such Act [42 U.S.C.
    410] (relating to service in the uniformed services) and deemed
    additional wages (within the meaning of section 229 of such Act [42
    U.S.C. 429]) of such individual credited for years after 1956 and
    before the calendar year in which the determination month occurs,
    up to the contribution and benefit base determined under section
    230 of the Social Security Act [42 U.S.C. 415(e)(1)]) (or other
    applicable maximum annual amount referred to in section 215(e)(1)
    of such Act [42 U.S.C. 409]) for each such year, and
      (2) the denominator of which is the total of all wages deemed
    additional wages described in paragraph (1) of this subsection plus
    all other wages (within the meaning of section 209 of the Social
    Security Act [42 U.S.C. 409]) and all self-employment income
    (within the meaning of section 211(b) of such Act [42 U.S.C.
    411(b)]) of such individual credited for years after 1936 and
    before the calendar year in which the determination month occurs,
    up to the contribution and benefit base (or such other amount
    referred to in such section 215(e)(1) of such Act [42 U.S.C.
    415(e)(1)]) for each such year.
      (c) Subsection (b) shall not reduce the annuity of any individual
    below the amount of the annuity which would be payable under
    chapter 8 of the Act [this subchapter] to the individual for the
    determination month if section 8332(j) of Title 5 of the United
    States Code applied to the individual for such month.
      (d) For purposes of this section, the term "determination month"
    means - 
      (1) the first month the individual described in subsection (a) is
    entitled to old-age or survivors insurance benefits under section
    202 of the Social Security Act [42 U.S.C. 402] (or would be
    entitled to such benefits upon filing application therefor); or
      (2) the first day of the month following the month in which this
    Order is issued [Oct. 17, 1983] in the case of any individual so
    entitled to such benefits for such month.
      (e) The preceding provisions of this section shall take effect
    with respect to any annuity payment payable under chapter 8 of the
    Act [this subchapter] for calendar months beginning after the date
    of this Order [Oct. 17, 1983].
      (f) The Secretary of Health and Human Services shall furnish such
    information to the Secretary of State as may be necessary to carry
    out the preceding provisions of this section.
      Sec. 6. General Limitation on Cost-of-Living Adjustment for
    Annuities. (a) Section 826 of the Act (22 U.S.C. 4066) is deemed to
    be amended to add at the end thereof the following new subsection:
      "(g)(1) An annuity shall not be increased by reason of any
    adjustment under this section to an amount which exceeds the
    greater of - 
      "(A) the maximum pay rate payable for class FS-1 under section
    403, 30 days before the effective date of the adjustment under this
    section; or
      "(B) the final pay (or average pay, if higher) of the former
    participant with respect to whom the annuity is paid, increased by
    the overall annual average percentage adjustments (compounded) in
    rates of pay of the Foreign Service Schedule under such section 403
    during the period - 
      "(i) beginning on the date the annuity commenced (or, in the case
    of a survivor of the retired participant, the date the
    participant's annuity commenced), and
      "(ii) ending on the effective date of the adjustment under this
    section.
      "(2) For the purposes of paragraph (1) of this subsection, 'pay'
    means the rate of salary or basic pay as payable under any
    provision of law, including any provision of law limiting the
    expenditure of appropriated funds.".
      (b) The amendment made by subsection (a) of this Section shall
    not cause any annuity to be reduced below the rate that is payable
    on the date of approval of this Order [Oct. 17, 1983], but shall
    apply to any adjustment occurring on or after April 1, 1983 under
    Section 826 of the Act [22 U.S.C. 4066] to any annuity payable from
    the Foreign Service Retirement and Disability Fund, whether such
    annuity has a commencing date before, on, or after the date of this
    Order.
                                                          Ronald Reagan.

    EX. ORD. NO. 13105. OPEN ENROLLMENT SEASON FOR PARTICIPANTS IN THE
     FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM AND THE CENTRAL
           INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
      Ex. Ord. No. 13105, Nov. 2, 1998, 63 F.R. 60201, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 827
    of the Foreign Service Act of 1980 (22 U.S.C. 4067) and section 292
    of the Central Intelligence Agency Retirement Act of 1964 (50
    U.S.C. 2141), and in order to conform further the Foreign Service
    Retirement and Disability System and the Central Intelligence
    Agency Retirement and Disability System to the Civil Service
    Retirement and Disability System, it is hereby ordered as follows:
      Section 1. In conjunction with section 860 of the Foreign Service
    Act of 1980 (22 U.S.C. 4071i), the Secretary of State shall issue
    regulations providing for an open enrollment period from November
    1, 1998, to April 30, 1999, during which employee participants in
    the Foreign Service Retirement and Disability System may elect to
    become subject to the Foreign Service Pension System.
      Sec. 2. In conjunction with section 307(a) of the Central
    Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2157(a)), the
    Director shall provide for an open enrollment period from November
    1, 1998, to April 30, 1999, during which employee participants in
    the Central Intelligence Agency Retirement and Disability System
    may elect to become subject to the Federal Employees' Retirement
    System, comparable to the election for civil service employees
    provided for by the Federal Employees' Retirement System Open
    Enrollment Act of 1997, Public Law 105-61 [5 U.S.C. 8331 note].
                                                     William J. Clinton.

     EX. ORD. NO. 13297. APPLYING THE FEDERAL PHYSICIANS COMPARABILITY
    ALLOWANCE AMENDMENTS OF 2000 TO PARTICIPANTS IN THE FOREIGN SERVICE
       RETIREMENT AND DISABILITY SYSTEM, THE FOREIGN SERVICE PENSION
        SYSTEM, AND THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
                             DISABILITY SYSTEM
      Ex. Ord. No. 13297, Apr. 23, 2003, 68 F.R. 22565, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 827
    of the Foreign Service Act of 1980 (22 U.S.C. 4067), section 292 of
    the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C.
    2141), and section 301 of title 3, United States Code, and in order
    to conform the Foreign Service Retirement and Disability System,
    the Foreign Service Pension System, and the Central Intelligence
    Agency Retirement and Disability System to the Civil Service
    Retirement System, it is hereby ordered as follows:
      Section 1. Foreign Service Retirement and Disability System. (a)
    The following provisions of the Federal Physicians Comparability
    Allowance Amendments of 2000 (Public Law 106-571) [see Tables for
    classification] shall apply to the Foreign Service Retirement and
    Disability System, subchapter I of chapter 8 of the Foreign Service
    Act of 1980 [22 U.S.C. 4041 et seq.], as amended:
      (i) Section 3(a) of Public Law 106-571 [amending section 8331 of
    Title 5, Government Organization and Employees] to provide that any
    amount received under section 5948 of title 5, United States Code
    (physicians comparability allowance), be included in the definition
    of basic pay; and
      (ii) Section 3(b) of Public Law 106-571 [amending sections 8331
    and 8339 of Title 5] to provide for the inclusion of the physicians
    comparability allowance in the computation of an annuity under the
    same rules that apply with respect to the Civil Service Retirement
    System.
      (b) The Secretary of State shall issue regulations that reflect
    the application of sections 3(a) and 3(b) of Public Law 106-571 to
    the Foreign Service Retirement and Disability System. Such
    regulations shall provide that the foregoing provisions be
    retroactive to December 28, 2000.
      Sec. 2. Foreign Service Pension System. (a) The following
    provisions of the Federal Physicians Comparability Allowance
    Amendments of 2000 (Public Law 106-571) shall apply to the Foreign
    Service Pension System, subchapter II of chapter 8 of the Foreign
    Service Act of 1980 [22 U.S.C. 4071 et seq.], as amended:
      (i) Section 3(a) of Public Law 106-571 to provide that any amount
    received under section 5948 of title 5, United States Code
    (physicians comparability allowance), be included in the definition
    of basic pay; and
      (ii) Section 3(c) of Public Law 106-571 [amending sections 8401
    and 8415 of Title 5] to provide for the inclusion of the physicians
    comparability allowance in the computation of an annuity under the
    same rules that apply with respect to the Federal Employees
    Retirement System.
      (b) The Secretary of State shall issue regulations that reflect
    the application of sections 3(a) and 3(c) of Public Law 106-571 to
    the Foreign Service Pension System. Such regulations shall provide
    that the foregoing provisions be retroactive to December 28, 2000.
      Sec. 3. Central Intelligence Agency Retirement and Disability
    System.
      (a) The following provisions of the Federal Physicians
    Comparability Allowance Amendments of 2000 (Public Law 106-571)
    shall apply to the Central Intelligence Agency Retirement and
    Disability System, title II of the Central Intelligence Agency
    Retirement Act of 1964 [50 U.S.C. 2011 et seq.], as amended:
      (i) Section 3(a) of Public Law 106-571 to provide that any amount
    received under section 5948 of title 5, United States Code
    (physicians comparability allowance), be included in the definition
    of basic pay; and
      (ii) Section 3(b) of Public Law 106-571 to provide for the
    inclusion of the physicians comparability allowance in the
    computation of an annuity under the same rules that apply with
    respect to the Civil Service Retirement System.
      (b) The Director of Central Intelligence shall issue regulations
    to reflect the application of sections 3(a) and 3(b) of Public Law
    106-571 to the Central Intelligence Agency Retirement and
    Disability System. Such regulations shall provide that the
    foregoing provisions be retroactive to December 28, 2000.
      Sec. 4. Judicial Review. This order is not intended to create,
    nor does it create any right, benefit, or privilege, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, its officers, employees, or any other person.
                                                         George W. Bush.

-End-

-CITE-
    22 USC Sec. 4068                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4068. Remarriage

-STATUTE-
      Notwithstanding any other provision of this part, any benefit
    payable under this part to a surviving spouse, former spouse, or
    surviving former spouse that would otherwise terminate or be lost
    if the individual remarried before 60 years of age, shall not
    terminate or be lost if the remarriage occurred on or after
    November 8, 1984, and the individual was 55 years of age or over on
    the date of the remarriage.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 828, as added Pub. L. 99-335, title
    IV, Sec. 412, June 6, 1986, 100 Stat. 614.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-
    335, set out as a note under section 8401 of Title 5, Government
    Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4069                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069. Thrift Savings Fund participation

-STATUTE-
      Participants in this System shall be deemed to be employees for
    the purposes of section 8351 of title 5. Any reference in such
    section 8351 or in subchapter III of chapter 84 of such title 5 to
    retirement or separation under subchapter III of chapter 83 or
    chapter 84 of such title 5 shall be deemed to be references to
    retirement or separation under part I or II of this subchapter with
    similar benefits or entitlements with respect to participants under
    such part I or II, respectively.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 829, as added Pub. L. 99-556, title
    IV, Sec. 404(a), Oct. 27, 1986, 100 Stat. 3137.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Jan. 1, 1987, see section 408 of Pub. L. 99-
    556, set out as an Effective Date of 1986 Amendment note under
    section 4046 of this title.

-End-

-CITE-
    22 USC Sec. 4069-1                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069-1. Qualified former wives and husbands

-STATUTE-
    (a) Construction with provisions relating to compatibility between
      retirement systems; effective dates
      Notwithstanding section 4(h) of the Civil Service Retirement
    Spouse Equity Act of 1984, section 4067 of this title shall apply
    with respect to section 8339(j), section 8341(e), and section
    8341(h) of title 5, and section 4 (except for subsection (b)) of
    the Civil Service Retirement Spouse Equity Act of 1984 to the
    extent that those sections apply to a qualified former wife or
    husband. For the purposes of this section any reference in the
    Civil Service Retirement Spouse Equity Act of 1984 to the effective
    date of that Act shall be deemed to be a reference to the effective
    date of this section.
    (b) Payments to other persons as provided in court order or spousal
      agreement
      (1) Payments pursuant to this section which would otherwise be
    made to a participant or former participant based upon his service
    shall be paid (in whole or in part) by the Secretary of State to
    another person if and to the extent expressly provided for in the
    terms of any court order or spousal agreement. Any payment under
    this paragraph to a person bars recovery by any other person.
      (2) Paragraph (1) shall only apply to payments made by the
    Secretary of State under this subchapter after the date of receipt
    by the Secretary of State of written notice of such court order or
    spousal agreement and such additional information and documentation
    as the Secretary of State may prescribe.
    (c) "Qualified former wife or husband" defined
      For the purposes of this section, the term "qualified former wife
    or husband" means a former wife or husband of an individual if - 
        (1) such individual performed at least 18 months of civilian
      service creditable under this subchapter; and
        (2) the former wife or husband was married to such individual
      for at least 9 months but not more than 10 years.
    (d) Promulgation of regulations
      Regulations issued pursuant to section 4067 of this title to
    implement this section shall be submitted to the Committee on Post
    Office and Civil Service and the Committee on Foreign Affairs of
    the House of Representatives and the Committee on Governmental
    Affairs and the Committee on Foreign Relations of the Senate. Such
    regulations shall not take effect until 60 days after the date on
    which such regulations are submitted to the Congress.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 830, as added Pub. L. 100-238, title
    II, Sec. 202(a), Jan. 8, 1988, 101 Stat. 1768.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Service Retirement Spouse Equity Act of 1984, referred
    to in subsec. (a), is Pub. L. 98-615, Nov. 8, 1984, 98 Stat. 3195,
    as amended. Section 4 of that Act is set out as a note under
    section 8341 of Title 5, Government Organization and Employees. For
    complete classification of this Act to the Code, see Short Title of
    1984 Amendment note set out under section 8331 of Title 5 and
    Tables.
      For effective date of this section, referred to in subsec. (a),
    see Effective Date note set out below.

-COD-
                               CODIFICATION                           
      Another section 830 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-204 and is classified to section 4069a of
    this title.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9. 2004.
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to any individual who, on or after Jan. 8,
    1988, is married to a participant or former participant, see
    section 261(b)(1) of Pub. L. 100-238, set out as an Effective Date
    of 1988 Amendment note under section 4054 of this title.

-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE   
      Committee on Post Office and Civil Service of House of
    Representatives abolished by House Resolution No. 6, One Hundred
    Fourth Congress, Jan. 4, 1995. References to Committee on Post
    Office and Civil Service treated as referring to Committee on
    Government Reform and Oversight of House of Representatives, see
    section 1(b) of Pub. L. 104-14, set out as a note preceding section
    21 of Title 2, The Congress. Committee on Government Reform and
    Oversight of House of Representatives changed to Committee on
    Government Reform of House of Representatives by House Resolution
    No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-End-

-CITE-
    22 USC Sec. 4069a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069a. Retirement benefits for certain former spouses

-STATUTE-
    (a) Eligibility; percentage of benefits
      Any individual who was a former spouse of a participant or former
    participant on February 14, 1981, shall be entitled, to the extent
    or in such amounts as are provided in advance in appropriations
    Acts, and except to the extent such former spouse is disqualified
    under subsection (b) of this section, to benefits - 
        (1) if married to the participant throughout the creditable
      service of the participant, equal to 50 percent of the benefits
      of the participant; or
        (2) if not married to the participant throughout such
      creditable service, equal to that former spouse's pro rata share
      of 50 percent of such benefits.
    (b) Disqualification
      A former spouse shall not be entitled to benefits under this
    section if - 
        (1) the former spouse remarries before age 55; or
        (2) the former spouse was not married to the participant at
      least 10 years during service of the participant which is
      creditable under this subchapter with at least 5 years occurring
      while the participant was a member of the Foreign Service.
    (c) Period of entitlement; construction with other provisions;
      application approval and payment
      (1) The entitlement of a former spouse to benefits under this
    section - 
        (A) shall commence on the later of - 
          (i) the day the participant upon whose service the benefits
        are based becomes entitled to benefits under this subchapter;
        or
          (ii) the first day of the month in which the divorce or
        annulment involved becomes final; and

        (B) shall terminate on the earlier of - 
          (i) the last day of the month before the former spouse dies
        or remarries before 55 years of age; or
          (ii) the date the benefits of the participant terminates.

      (2) Notwithstanding paragraph (1), in the case of any former
    spouse of a disability annuitant - 
        (A) the benefits of the former spouse shall commence on the
      date the participant would qualify on the basis of his or her
      creditable service for benefits under this subchapter (other than
      a disability annuity) or the date the disability annuity begins,
      whichever is later, and
        (B) the amount of benefits of the former spouse shall be
      calculated on the basis of benefits for which the participant
      would otherwise so qualify.

      (3) Benefits under this section shall be treated the same as an
    annuity under section 4054(a)(7) of this title for purposes of
    section 4046(h) of this title or any comparable provision of law.
      (4)(A) Benefits under this section shall not be payable unless
    appropriate written application is provided to the Secretary,
    complete with any supporting documentation which the Secretary may
    by regulation require, within 30 months after December 22, 1987.
    The Secretary may waive the 30-month application requirement under
    this subparagraph in any case in which the Secretary determines
    that the circumstances so warrant.
      (B) Upon approval of an application provided under subparagraph
    (A), the appropriate benefits shall be payable to the former spouse
    with respect to all periods before such approval during which the
    former spouse was entitled to such benefits under this section, but
    in no event shall benefits be payable under this section with
    respect to any period before December 22, 1987.
    (d) "Benefits" defined
      For the purposes of this section, the term "benefits" means - 
        (1) with respect to a participant or former participant subject
      to this part, the annuity of the participant or former
      participant; and
        (2) with respect to a participant or former participant subject
      to part II of this subchapter, the benefits of the participant or
      former participant under that part.
    (e) Effect of section on annuity
      Nothing in this section shall be construed to impair, reduce, or
    otherwise affect the annuity or the entitlement to an annuity of a
    participant or former participant under this subchapter.
    (f) Former spouses of United States Information Agency and Agency
      for International Development employees
      Any individual who on February 14, 1981, was an otherwise
    qualified former spouse pursuant to this section, but who was
    married to a former Foreign Service employee of the United States
    Information Agency or of the Agency for International Development,
    shall be entitled to benefits under this section if - 
        (1) the former employee retired from the Civil Service
      Retirement and Disability System on a date before his employing
      agency could legally participate in the Foreign Service
      Retirement and Disability System; and
        (2) the marriage included at least five years during which the
      employee was assigned overseas.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 830, as added Pub. L. 100-204, title
    I, Sec. 188(a), Dec. 22, 1987, 101 Stat. 1369; amended Pub. L. 101-
    246, title I, Sec. 146(a), Feb. 16, 1990, 104 Stat. 37.)

-COD-
                               CODIFICATION                           
      Another section 830 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-238 and is classified to section 4069-1 of
    this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (f). Pub. L. 101-246 added subsec. (f).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of this title.

-End-

-CITE-
    22 USC Sec. 4069a-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069a-1. Retirement benefits for certain former spouses

-STATUTE-
    (a) Eligibility; percentage of benefits
      Any individual who was a former spouse of a participant or former
    participant on February 14, 1981, shall be entitled, to the extent
    of available appropriations, and except to the extent such former
    spouse is disqualified under subsection (b) of this section, to
    benefits - 
        (1) if married to the participant throughout the creditable
      service of the participant, equal to 50 percent of the benefits
      of the participant; or
        (2) if not married to the participant throughout such
      creditable service, equal to that former spouse's pro rata share
      of 50 percent of such benefits.
    (b) Disqualification
      A former spouse shall not be entitled to benefits under this
    section if - 
        (1) the former spouse remarries before age 55; or
        (2) the former spouse was not married to the participant at
      least 10 years during service of the participant which is
      creditable under this subchapter with at least 5 years occurring
      while the participant was a member of the Foreign Service.
    (c) Period of entitlement; construction with other provisions;
      application approval and payment
      (1) The entitlement of a former spouse to benefits under this
    section - 
        (A) shall commence on the later of - 
          (i) the day the participant upon whose service the benefits
        are based becomes entitled to benefits under this subchapter;
        or
          (ii) the first day of the month in which the divorce or
        annulment involved becomes final; and

        (B) shall terminate on the earlier of - 
          (i) the last day of the month before the former spouse dies
        or remarries before 55 years of age; or
          (ii) the date of the benefits of the participant terminates.

      (2) Notwithstanding paragraph (1), in the case of any former
    spouse of a disability annuitant - 
        (A) the benefits of the former spouse shall commence on the
      date the participant would qualify on the basis of his or her
      creditable service for benefits under this subchapter (other than
      a disability annuity) or the date the disability annuity begins,
      whichever is later, and
        (B) the amount of benefits of the former spouse shall be
      calculated on the basis of benefits for which the participant
      would otherwise so qualify.

      (3) Benefits under this section shall be treated the same as an
    annuity under section 4054(a)(7) of this title for purposes of
    section 4046(h) of this title or any comparable provision of law.
      (4)(A) Benefits under this section shall not be payable unless
    appropriate written application is provided to the Secretary,
    complete with any supporting documentation which the Secretary may
    by regulation require, within 30 months after the effective date of
    this section. The Secretary may waive the 30-month application
    requirement under this subparagraph in any case in which the
    Secretary determines that the circumstances so warrant.
      (B) Upon approval of an application provided under subparagraph
    (A), the appropriate benefits shall be payable to the former spouse
    with respect to all periods before such approval during which the
    former spouse was entitled to such benefits under this section, but
    in no event shall benefits be payable under this section with
    respect to any period before the effective date of this section.
    (d) "Benefits" defined
      For the purpose of this section, the term "benefits" means - 
        (1) with respect to a participant or former participant subject
      to this part, the annuity of the participant or former
      participant; and
        (2) with respect to a participant or former participant subject
      to part II of this subchapter, the benefits of the participant or
      former participant under that part.
    (e) Effect of section on annuity
      Nothing in this section shall be construed to impair, reduce, or
    otherwise affect the annuity or the entitlement to an annuity of a
    participant or former participant under this subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 831, as added Pub. L. 100-238, title
    II, Sec. 204(a), Jan. 8, 1988, 101 Stat. 1770.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this section, referred to in subsec.
    (c)(4), see Effective Date note set out below.

-COD-
                               CODIFICATION                           
      Another section 831 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-204 and is classified to section 4069b of
    this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Jan. 8, 1988, see section 261(a)
    of Pub. L. 100-238, set out as an Effective Date of 1988 Amendment
    note under section 4054 of this title.

-End-

-CITE-
    22 USC Sec. 4069b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069b. Survivor benefits for certain former spouses

-STATUTE-
    (a) Eligibility; amount of annuity
      Any individual who was a former spouse of a participant or former
    participant on February 14, 1981, shall be entitled, to the extent
    or in such amounts as are provided in advance in appropriations
    Acts, and except to the extent such former spouse is disqualified
    under subsection (b) of this section, to a survivor annuity equal
    to 55 percent of the greater of - 
        (1) the full amount of the participant's or former
      participant's annuity, as computed under this subchapter; or
        (2) the full amount of what such annuity as so computed would
      be if the participant or former participant had not withdrawn a
      lump-sum portion of contributions made with respect to such
      annuity.
    (b) Election by former spouse
      If an election has been made with respect to such former spouse
    under section 4159 or 4046(f) of this title, then the survivor
    annuity under subsection (a) of this section of such former spouse
    shall be equal to the full amount of the participant's or former
    participant's annuity referred to in subsection (a) of this section
    less the amount of such election.
    (c) Disqualification
      A former spouse shall not be entitled to a survivor annuity under
    this section if - 
        (1) the former spouse remarries before age 55; or
        (2) the former spouse was not married to the participant at
      least 10 years during service of the participant which is
      creditable under this subchapter with at least 5 years occurring
      while the participant was a member of the Foreign Service.
    (d) Period of entitlement; application approval and payment
      (1) The entitlement of a former spouse to a survivor annuity
    under this section - 
        (A) shall commence - 
          (i) in the case of a former spouse of a participant or former
        participant who is deceased as of December 22, 1987, beginning
        on December 22, 1987; and
          (ii) in the case of any other former spouse, beginning on the
        later of - 
            (I) the date that the participant or former participant to
          whom the former spouse was married dies; or
            (II) December 22, 1987; and

        (B) shall terminate on the last day of the month before the
      former spouse's death or remarriage before attaining the age 55.

      (2)(A) A survivor annuity under this section shall not be payable
    unless appropriate written application is provided to the
    Secretary, complete with any supporting documentation which the
    Secretary may by regulation require, within 30 months after
    December 22, 1987. The Secretary may waive the 30-month application
    requirement under this subparagraph in any case in which the
    Secretary determines that the circumstances so warrant.
      (B) Upon approval of an application provided under subparagraph
    (A), the appropriate survivor annuity shall be payable to the
    former spouse with respect to all periods before such approval
    during which the former spouse was entitled to such annuity under
    this section, but in no event shall a survivor annuity be payable
    under this section with respect to any period before December 22,
    1987.
    (e) Promulgation of regulations; notification of rights
      The Secretary shall - 
        (1) as soon as possible, but not later than 60 days after
      December 22, 1987, issue such regulations as may be necessary to
      carry out this section; and
        (2) to the extent practicable, and as soon as possible, inform
      each individual who was a former spouse of a participant or
      former participant on February 14, 1981, of any rights which such
      individual may have under this section.
    (f) Effect of section on annuity
      Nothing in this section shall be construed to impair, reduce, or
    otherwise affect the annuity or the entitlement to an annuity of a
    participant or former participant under this subchapter.
    (g) Former spouses of United States Information Agency and Agency
      for International Development employees
      Any individual who on February 14, 1981, was an otherwise
    qualified former spouse pursuant to this section, but who was
    married to a former Foreign Service employee of the United States
    Information Agency or of the Agency of International Development,
    shall be entitled to benefits under this section if - 
        (1) the former employee retired from the Civil Service
      Retirement and Disability System on a date before his employing
      agency could legally participate in the Foreign Service
      Retirement and Disability System; and
        (2) the marriage included at least five years during which the
      employee was assigned overseas.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 831, as added Pub. L. 100-204, title
    I, Sec. 188(a), Dec. 22, 1987, 101 Stat. 1370; amended Pub. L. 101-
    246, title I, Sec. 146(b), Feb. 16, 1990, 104 Stat. 37.)

-COD-
                               CODIFICATION                           
      Another section 831 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-238 and is classified to section 4069a-1 of
    this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (g). Pub. L. 101-246 added subsec. (g).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of this title.

-End-

-CITE-
    22 USC Sec. 4069b-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069b-1. Survivor benefits for certain former spouses

-STATUTE-
    (a) Eligibility; amount of annuity
      Any individual who was a former spouse of a participant or former
    participant on February 14, 1981, shall be entitled, to the extent
    of available appropriations, and except to the extent such former
    spouse is disqualified under subsection (b) of this section, to a
    survivor annuity equal to 55 percent of the greater of - 
        (1) the full amount of the participant's or former
      participant's annuity, as computed under this subchapter; or
        (2) the full amount of what such annuity as so computed would
      be if the participant or former participant had not withdrawn a
      lump-sum portion of contributions made with respect to such
      annuity.
    (b) Election by former spouse
      If an election has been made with respect to such former spouse
    under section 4159 or 4046(f) of this title, then the survivor
    annuity under subsection (a) of this section of such former spouse
    shall be equal to the full amount of the participant's or former
    participant's annuity referred to in subsection (a) of this section
    less the amount of such election.
    (c) Disqualification
      A former spouse shall not be entitled to a survivor annuity under
    this section if - 
        (1) the former spouse remarries before age 55; or
        (2) the former spouse was not married to the participant at
      least 10 years during service of the participant which is
      creditable under this subchapter with at least 5 years occurring
      while the participant was a member of the Foreign Service.
    (d) Period of entitlement; application approval and payment
      (1) The entitlement of a former spouse to a survivor annuity
    under this section - 
        (A) shall commence - 
          (i) in the case of a former spouse of a participant or former
        participant who is deceased as of the effective date of this
        section, beginning on such date; and
          (ii) in the case of any other former spouse, beginning on the
        later of - 
            (I) the date that the participant or former participant to
          whom the former spouse was married dies; or
            (II) the effective date of this section; and

        (B) shall terminate on the last day of the month before the
      former spouse's death or remarriage before attaining the age 55.

      (2)(A) A survivor annuity under this section shall not be payable
    unless appropriate written application is provided to the
    Secretary, complete with any supporting documentation which the
    Secretary may by regulation require, within 30 months after the
    effective date of this section. The Secretary may waive the 30-
    month application requirement under this subparagraph in any case
    in which the Secretary determines that the circumstances so
    warrant.
      (B) Upon approval of an application provided under subparagraph
    (A), the appropriate survivor annuity shall be payable to the
    former spouse with respect to all periods before such approval
    during which the former spouse was entitled to such annuity under
    this section, but in no event shall a survivor annuity be payable
    under this section with respect to any period before the effective
    date of this section.
    (e) Promulgation of regulations; notification of rights
      The Secretary shall - 
        (1) as soon as possible, but not later than 60 days after the
      effective date of this section, issue such regulations as may be
      necessary to carry out this section; and
        (2) to the extent practicable, and as soon as possible, inform
      each individual who was a former spouse of a participant or
      former participant on February 14, 1981, of any rights which such
      individual may have under this section.
    (f) Effect of section on annuity
      Nothing in this section shall be construed to impair, reduce, or
    otherwise affect the annuity or the entitlement to an annuity of a
    participant or former participant under this subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 832, as added Pub. L. 100-238, title
    II, Sec. 204(a), Jan. 8, 1988, 101 Stat. 1771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this section, referred to in subsecs.
    (d)(1)(A)(i), (ii)(II), (2) and (e)(1), see Effective Date note set
    out below.

-COD-
                               CODIFICATION                           
      Another section 832 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-204 and is classified to section 4069c of
    this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Jan. 8, 1988, see section 261(a)
    of Pub. L. 100-238, set out as an Effective Date of 1988 Amendment
    note under section 4054 of this title.

-End-

-CITE-
    22 USC Sec. 4069c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069c. Health benefits for certain former spouses

-STATUTE-
    (a) Eligibility
      Except as provided in subsection (c)(1) of this section, any
    individual - 
        (1) formerly married to an employee or former employee of the
      Foreign Service, whose marriage was dissolved by divorce or
      annulment before May 7, 1985;
        (2) who, at any time during the 18-month period before the
      divorce or annulment became final, was covered under a health
      benefits plan as a member of the family of such employee or
      former employee; and
        (3) who was married to such employee for not less than 10 years
      during periods of government service by such employee, is
      eligible for coverage under a health benefits plan in accordance
      with the provisions of this section.
    (b) Prerequisites for enrollment; notification of rights
      (1) Any individual eligible for coverage under subsection (a) of
    this section may enroll in a health benefits plan for self alone or
    for self and family if, before the expiration of the 6-month period
    beginning on December 22, 1987, and in accordance with such
    procedures as the Director of the Office of Personnel Management
    shall by regulation prescribe, such individual - 
        (A) files an election for such enrollment; and
        (B) arranges to pay currently into the Employees Health
      Benefits Fund under section 8909 of title 5 an amount equal to
      the sum of the employee and agency contributions payable in the
      case of an employee enrolled under chapter 89 of such title in
      the same health benefits plan and with the same level of
      benefits.

      (2) The Secretary shall, as soon as possible, take all steps
    practicable - 
        (A) to determine the identity and current address of each
      former spouse eligible for coverage under subsection (a) of this
      section; and
        (B) to notify each such former spouse of that individual's
      rights under this section.

      (3) The Secretary shall waive the 6-month limitation set forth in
    paragraph (1) in any case in which the Secretary determines that
    the circumstances so warrant.
    (c) Disqualification
      (1) Any former spouse who remarries before age 55 is not eligible
    to make an election under subsection (b)(1) of this section.
      (2) Any former spouse enrolled in a health benefits plan pursuant
    to an election under subsection (b)(1) of this section may continue
    the enrollment under the conditions of eligibility which the
    Director of the Office of Personnel Management shall by regulation
    prescribe, except that any former spouse who remarries before age
    55 shall not be eligible for continued enrollment under this
    section after the end of the 31-day period beginning on the date of
    remarriage.
    (d) Prohibition on coverage by more than one plan
      No individual may be covered by a health benefits plan under this
    section during any period in which such individual is enrolled in a
    health benefits plan under any other authority, nor may any
    individual be covered under more than one enrollment under this
    section.
    (e) "Health benefits plan" defined
      For purposes of this section the term "health benefits plan"
    means an approved health benefits plan under chapter 89 of title 5.
    (f) Former spouses of United States Information Agency and Agency
      for International Development employees
      Any individual who on February 14, 1981, was an otherwise
    qualified former spouse pursuant to subsections (a), (b), and (c)
    of this section, but who was married to a former Foreign Service
    employee of the United States Information Agency or of the Agency
    for International Development, shall be entitled to benefits under
    this section if - 
        (1) the former employee retired from the Civil Service
      Retirement and Disability System on a date before his employing
      agency could legally participate in the Foreign Service
      Retirement and Disability System; and
        (2) the marriage included at least five years during which the
      employee was assigned overseas.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 832, as added Pub. L. 100-204, title
    I, Sec. 188(a), Dec. 22, 1987, 101 Stat. 1371; amended Pub. L. 101-
    246, title I, Sec. 146(c), Feb. 16, 1990, 104 Stat. 37.)

-COD-
                               CODIFICATION                           
      Another section 832 of the Foreign Service Act of 1980 was
    enacted by Pub. L. 100-238 and is classified to section 4069b-1 of
    this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (f). Pub. L. 101-246 added subsec. (f).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of this title.

-End-

-CITE-
    22 USC Sec. 4069c-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part I - Foreign Service Retirement and Disability System

-HEAD-
    Sec. 4069c-1. Health benefits for certain former spouses

-STATUTE-
    (a) Eligibility
      Except as provided in subsection (c)(1) of this section, any
    individual - 
        (1) formerly married to an employee or former employee of the
      Foreign Service, whose marriage was dissolved by divorce or
      annulment before May 7, 1985;
        (2) who, at any time during the 18-month period before the
      divorce or annulment became final, was covered under a health
      benefits plan as a member of the family of such employee or
      former employee; and
        (3) who was married to such employee for not less than 10 years
      during periods of government service by such employee, is
      eligible for coverage under a health benefits plan in accordance
      with the provisions of this section.
    (b) Prerequisites for enrollment; notification of rights
      (1) Any individual eligible for coverage under subsection (a) of
    this section may enroll in a health benefits plan for self alone or
    for self and family if, before the expiration of the 6-month period
    beginning on the effective date of this section, and in accordance
    with such procedures as the Director of the Office of Personnel
    Management shall by regulation prescribe, such individual - 
        (A) files an election for such enrollment; and
        (B) arranges to pay currently into the Employees Health
      Benefits Fund under section 8909 of title 5 an amount equal to
      the sum of the employee and agency contributions payable in the
      case of an employee enrolled under chapter 89 of such title in
      the same health benefits plan and with the same level of
      benefits.

      (2) The Secretary shall, as soon as possible, take all steps
    practicable - 
        (A) to determine the identity and current address of each
      former spouse eligible for coverage under subsection (a) of this
      section; and
        (B) to notify each such former spouse of that individual's
      rights under this section.

      (3) The Secretary shall waive the 6-month limitation set forth in
    paragraph (1) in any case in which the Secretary determines that
    the circumstances so warrant.
    (c) Disqualification
      (1) Any former spouse who remarries before age 55 is not eligible
    to make an election under subsection (b)(1) of this section.
      (2) Any former spouse enrolled in a health benefits plan pursuant
    to an election under subsection (b)(1) of this section may continue
    the enrollment under the conditions of eligibility which the
    Director of the Office of Personnel Management shall by regulation
    prescribe, except that any former spouse who remarries before age
    55 shall not be eligible for continued enrollment under this
    section after the end of the 31-day period beginning on the date of
    remarriage.
    (d) Prohibition on coverage by more than one plan
      No individual may be covered by a health benefits plan under this
    section during any period in which such individual is enrolled in a
    health benefits plan under any other authority, nor may any
    individual be covered under more than one enrollment under this
    section.
    (e) "Health benefits plan" defined
      For purposes of this section the term "health benefits plan"
    means an approved health benefits plan under chapter 89 of title 5.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 833, as added Pub. L. 100-238, title
    II, Sec. 204(a), Jan. 8, 1988, 101 Stat. 1772.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this section, referred to in subsec.
    (b)(1), see Effective Date note set out below.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Jan. 8, 1988, see section 261(a)
    of Pub. L. 100-238, set out as an Effective Date of 1988 Amendment
    note under section 4054 of this title.

-End-

-CITE-
    22 USC Part II - Foreign Service Pension System             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
                 PART II - FOREIGN SERVICE PENSION SYSTEM             

-End-

-CITE-
    22 USC Sec. 4071                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071. Establishment; application of Federal Employees'
      Retirement System to Foreign Service Pension System participants

-STATUTE-
      (a) There is hereby established a Foreign Service Pension System.
      (b) Except as otherwise specifically provided in this part or any
    other provision of law, the provisions of chapter 84 of title 5
    shall apply to all participants in the Foreign Service Pension
    System and such participants shall be treated in all respects
    similar to persons whose participation in the Federal Employees'
    Retirement System provided in that chapter is required.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 851, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 615.)

-MISC1-
                              EFFECTIVE DATE                          
      Part effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-
    335, set out as a note under section 8401 of Title 5, Government
    Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4071a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071a. Definitions

-STATUTE-
      As used in this part, unless otherwise specified - 
        (1) the term "court order" has the same meaning given in
      section 4044(4) of this title;
        (2) the term "Fund" means the Foreign Service Retirement and
      Disability Fund maintained by the Secretary of the Treasury
      pursuant to section 4042 of this title;
        (3) the term "lump-sum credit" means the unrefunded amount
      consisting of - 
          (A) retirement deductions made from the basic pay of a
        participant under section 4071e of this title (or under section
        204 of the Federal Employees' Retirement Contribution Temporary
        Adjustment Act of 1983);
          (B) amounts deposited by a participant under section 4071c of
        this title to obtain credit under this System for prior
        civilian or military service; and
          (C) interest on the deductions and deposits which, for any
        calendar year, shall be equal to the overall average yield to
        the Fund during the preceding fiscal year from all obligations
        purchased by the Secretary of the Treasury during such fiscal
        year under section 4059 of this title, as determined by the
        Secretary of the Treasury (compounded annually); but does not
        include interest - 
            (i) if the service covered thereby aggregates 1 year or
          less; or
            (ii) for a fractional part of a month in the total service;

        (4) the term "normal cost" means the entry-age normal cost of
      the provisions of the System which relate to the Fund, computed
      by the Secretary of State in accordance with generally accepted
      actuarial practice and standards (using dynamic assumptions) and
      expressed as a level percentage of aggregate basic pay;
        (5) the term "participant" means a person who participates in
      the Foreign Service Pension System;
        (6) the term "pro rata share" in the case of any former spouse
      of any participant or former participant means the percentage
      which is equal to the percentage that (A) the number of years
      during which the former spouse was married to the participant
      during the service of the participant which is creditable under
      this subchapter is of (B) the total number of years of such
      service, disregarding extra credit under section 4057 of this
      title;
        (7) the term "supplemental liability" means the estimated
      excess of - 
          (A) the actuarial present value of all future benefits
        payable from the Fund under this part based on the service of
        participants or former participants, over
          (B) the sum of - 
            (i) the actuarial present value of (I) deductions to be
          withheld from the future basic pay of participants pursuant
          to section 4071e of this title and (II) contributions for
          past civilian and military service;
            (ii) the actuarial present value of future contributions to
          be made pursuant to section 4071f of this title;
            (iii) the Fund balance as of the date the supplemental
          liability is determined, to the extent that such balance is
          attributable - 
              (I) to the System, or
              (II) to the contributions made under the Federal
            Employees' Retirement Contribution Temporary Adjustment Act
            of 1983 (5 U.S.C. 8331 note); and

            (iv) any other appropriate amount, as determined by the
          Secretary of State in accordance with generally accepted
          actuarial practices and principles;

        (8) the term "System" means the Foreign Service Pension System;
      and
        (9) the term "special agent" has the same meaning given in
      section 4044(15) of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 852, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 615; amended Pub. L. 100-238,
    title II, Sec. 241, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 105-382,
    Sec. 2(a)(2), Nov. 13, 1998, 112 Stat. 3406.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Employees' Retirement Contribution Temporary
    Adjustment Act of 1983, referred to in pars. (3)(A) and
    (7)(B)(iii)(II), is title II of Pub. L. 98-168, Nov. 29, 1983, 97
    Stat. 1106, as amended, which is set out as a note under section
    8331 of Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1998 - Par. (9). Pub. L. 105-382 added par. (9).
      1988 - Pars. (3) to (8). Pub. L. 100-238 added par. (3) and
    redesignated former pars. (3) to (7) as (4) to (8), respectively.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with
    provisions relating to applicability with respect to certain
    individuals, see section 4 of Pub. L. 105-382, as amended, set out
    as a note under section 4044 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

-End-

-CITE-
    22 USC Sec. 4071b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071b. Participants

-STATUTE-
    (a) Covered members
      Except for persons excluded by subsection (b), (c), or (d) of
    this section, all members of the Foreign Service, any of whose
    service after December 31, 1983, is employment for the purpose of
    title II of the Social Security Act [42 U.S.C. 401 et seq.] and
    chapter 21 of title 26, who would, but for this section, be
    participants in the Foreign Service Retirement and Disability
    System pursuant to section 4043 of this title shall instead be
    participants in the Foreign Service Pension System.
    (b) Exclusion of participants in Foreign Service Retirement and
      Disability System
      Members of the Service who were participants in the Foreign
    Service Retirement and Disability System on or before December 31,
    1983, and who have not had a break in service in excess of one year
    since that date, are not made participants in the System by this
    section, without regard to whether they are subject to title II of
    the Social Security Act [42 U.S.C. 401 et seq.].
    (c) Exclusion of individuals with certain creditable civilian
      service
      Individuals who become members of the Service after having
    completed at least 5 years of civilian service creditable under
    part I of this subchapter, subchapter III of chapter 83 of title 5
    (the Civil Service Retirement System), or title II of the Central
    Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)
    (determined without regard to any deposit or redeposit requirement
    under any such part, subchapter, or title, any requirement that the
    individual become subject to such part, subchapter, or title after
    performing the service involved, or any requirement that the
    individual give notice in writing to the official by whom such
    individual is paid of such individual's desire to become subject to
    such part, subchapter, or title) are not participants in the
    System, except to the extent provided for under title III of the
    Federal Employees' Retirement System Act of 1986 pursuant to an
    election under such title to become subject to this part (under
    regulations issued by the Secretary of State pursuant to section
    4071i of this title).
    (d) Exclusion of temporary or intermittent employees
      The Secretary may exclude from the operation of this part any
    member of the Foreign Service, or group of members, whose
    employment is temporary or intermittent, except a member whose
    employment is part-time career appointment or career candidate
    appointment under section 3946 of this title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 853, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 616; amended Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-178, title II,
    Sec. 204(b)(1), Dec. 3, 1993, 107 Stat. 2033.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsecs. (a) and (b), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of
    the Social Security Act is classified generally to subchapter II
    (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    section 1305 of Title 42 and Tables.
      The Central Intelligence Agency Retirement Act, referred to in
    subsec. (c), is Pub. L. 88-643, as revised generally by Pub. L. 102-
    496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196. Title II
    of the Act is classified generally to subchapter II (Sec. 2011 et
    seq.) of chapter 38 of Title 50, War and National Defense. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2001 of Title 50 and Tables.
      The Federal Employees' Retirement System Act of 1986, referred to
    in subsec. (c), is Pub. L. 99-335, June 6, 1986, 100 Stat. 514.
    Title III of the Federal Employees' Retirement System Act of 1986
    amended sections 3121 and 6103 of Title 26, Internal Revenue Code,
    section 1005 of Title 39, Postal Service, and section 410 of Title
    42, The Public Health and Welfare, enacted provisions set out as
    notes under sections 8331, 8401, 8432, and 8472 of Title 5,
    Government Organization and Employees, and section 6103 of Title
    26, and amended provisions set out as a note under section 8331 of
    Title 5. For complete classification of this Act to the Code, see
    Short Title note set out under section 8401 of Title 5 and Tables.

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (c). Pub. L. 103-178 substituted "the Central
    Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)" for
    "the Central Intelligence Agency Retirement Act of 1964 for Certain
    Employees".
      1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954", which for
    purposes of codification was translated as "title 26" thus
    requiring no change in text.

-End-

-CITE-
    22 USC Sec. 4071c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071c. Creditable service

-STATUTE-
    (a) Service included
      For purposes of this part, creditable service of a participant
    includes - 
        (1) service as a participant after December 31, 1986;
        (2) service with respect to which deductions and withholdings
      under section 204(a)(2) of the Federal Employees' Retirement
      Contribution Temporary Adjustment Act of 1983 have been made; and
        (3) except as provided in subsection (b) of this section, any
      civilian service performed before January 1, 1989 (other than
      service under paragraph (1) or (2)), which, but for the amendment
      made by section 414 of the Federal Employees' Retirement System
      Act of 1986, would be creditable under part I of this subchapter
      (determined without regard to any deposit or redeposit
      requirement under such part, subchapter III of chapter 83 of
      title 5 (the Civil Service Retirement System), or title II of the
      Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et
      seq.), any requirement that the individual become subject to such
      part, subchapter, or title after performing the service involved,
      or any requirement that the individual give notice in writing to
      the official by whom such individual is paid of such individual's
      desire to become subject to such part, subchapter, or title).
    (b) Refund of retirement deductions; retirement deduction not made;
      required deposit; computation of interest
      (1) A participant who has received a refund of retirement
    deductions under part I of this subchapter with respect to any
    service described in subsection (a)(3) of this section may not be
    allowed credit for such service under this part unless such
    participant deposits into the Fund an amount equal to 1.3 percent
    of basic pay for such service, with interest.
      (2) A participant may not be allowed credit under this part for
    any service described in subsection (a)(3) of this section for
    which retirement deductions under part I of this subchapter have
    not been made, unless such participant deposits into the Fund an
    amount equal to 1.3 percent of basic pay for such service, with
    interest.
      (3) Interest under paragraph (1) or (2) shall be computed in
    accordance with section 4045(d) of this title and regulations
    issued by the Secretary of State.
    (c) Volunteer service; required payment
      (1) Credit shall be given under this System to a participant for
    a period of prior satisfactory service as - 
        (A) a volunteer or volunteer leader under the Peace Corps Act
      (22 U.S.C. 2501 et seq.),
        (B) a volunteer under part A of title VIII of the Economic
      Opportunity Act of 1964, or
        (C) a full-time volunteer for a period of service of at least 1
      year's duration under part A, B, or C of title I of the Domestic
      Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.),

    if the participant makes a payment to the Fund equal to 3 percent
    of pay received for the volunteer service; except, the amount to be
    paid for volunteer service beginning on January 1, 1999, through
    December 31, 2000, shall be as follows:

                       3.25            January 1, 1999, to December 31, 
                                        1999.                           
                       3.4             January 1, 2000, to December 31, 
                                        2000.                           
    --------------------------------------------------------------------

      (2) The amount of such payments shall be determined in accordance
    with regulations of the Secretary of State consistent with
    regulations for making corresponding determinations under chapter
    83, title 5, together with interest determined under regulations
    issued by the Secretary of State.
    (d) Prior service under other retirement system; waiver of credit
      and payment into Fund
      Credit shall be given under this System to a participant for a
    period of prior service under the Federal Employees' Retirement
    System (described in chapter 84 of title 5) or under title III of
    the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et
    seq.) if the participant waives credit under the other retirement
    system and makes a payment to the Fund equal to the amount which
    was deducted and withheld from the individual's basic pay under the
    other retirement system during the prior creditable service under
    the other retirement system together with interest on such amount
    computed in accordance with regulations issued by the Secretary of
    State.
    (e) Employees of Members or offices of Congress
      A participant who, while on approved leave without pay, serves as
    a full-time paid employee of a Member or office of the Congress
    shall continue to make contributions to the Fund based upon the
    Foreign Service salary rate that would be in effect if the
    participant were in a pay status. The participant's employing
    Member or office in the Congress shall make a contribution (from
    the appropriation or fund which is used for payment of the salary
    of the participant) determined under section 4071f(a) of this title
    to the Treasury of the United States to the credit of the Fund. All
    periods of service for which full contributions to the Fund are
    made under this subsection shall be counted as creditable service
    for purposes of this part and shall not, unless all retirement
    credit is transferred, be counted as creditable service under any
    other Government retirement system.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 854, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 616; amended Pub. L. 99-556,
    title IV, Sec. 405, Oct. 27, 1986, 100 Stat. 3137; Pub. L. 100-238,
    title II, Sec. 242, Jan. 8, 1988, 101 Stat. 1776; Pub. L. 103-178,
    title II, Sec. 204(b)(2), Dec. 3, 1993, 107 Stat. 2033; Pub. L. 105-
    33, title VII, Sec. 7001(e)(1)(B), Aug. 5, 1997, 111 Stat. 661;
    Pub. L. 106-346, Sec. 101(a) [title V, Sec. 505(e)(2)], Oct. 23,
    2000, 114 Stat. 1356, 1356A-54.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 204(a)(2) of the Federal Employees' Retirement
    Contribution Temporary Adjustment Act of 1983, referred to in
    subsec. (a)(2), is section 204(a)(2) of Pub. L. 98-168, which is
    set out as a note under section 8331 of Title 5, Government
    Organization and Employees.
      Section 414 of the Federal Employees' Retirement System Act of
    1986, referred to in subsec. (a)(3), is section 414 of Pub. L. 99-
    335, title IV, June 6, 1986, 100 Stat. 614, which amended section
    4043 of this title.
      The Central Intelligence Agency Retirement Act, referred to in
    subsecs. (a)(3) and (d), is Pub. L. 88-643, as revised generally by
    Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat.
    3196. Titles II and III of the Act are classified generally to
    subchapters II (Sec. 2011 et seq.) and III (Sec. 2151 et seq.),
    respectively, of chapter 38 of Title 50, War and National Defense.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2001 of Title 50 and Tables.
      The Peace Corps Act, referred to in subsec. (c)(1)(A), is Pub. L.
    87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
    classified principally to chapter 34 (Sec. 2501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2501 of this title and
    Tables.
      The Economic Opportunity Act of 1964, referred to in subsec.
    (c)(1)(B), is Pub. L. 88-452, Aug. 20, 1964, 73 Stat. 508, as
    amended. Part A of title VIII of the Act is part A of title VIII of
    Pub. L. 88-452, as added by Pub. L. 90-222, title I, Sec. 110, Dec.
    23, 1967, 81 Stat. 722, which was classified generally to part A
    (Sec. 2992 et seq.) of subchapter VIII of chapter 34 of Title 42,
    The Public Health and Welfare, prior to its repeal by Pub. L. 93-
    113, title VI, Sec. 603, Oct. 1, 1973, 87 Stat. 417. See sections
    4951 et seq., 5042(13)(A), and 5055 of Title 42.
      The Domestic Volunteer Service Act of 1973, referred to in
    subsec. (c)(1)(C), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394,
    as amended. Parts A, B, and C of title I of the Act are classified
    to Parts A (Sec. 4951 et seq.), B (Sec. 4971 et seq.), and C (Sec.
    4991 et seq.), respectively, of subchapter I of chapter 66 of Title
    42. For complete classification of this Act to the Code, see Short
    Title note set out under section 4950 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c)(1). Pub. L. 106-346, in concluding provisions,
    substituted "December 31, 2000" for "December 31, 2002", and in
    table in concluding provisions, struck out item at end relating to
    service period January 1, 2001, to December 31, 2002.
      1997 - Subsec. (c). Pub. L. 105-33 amended subsec. (c) generally.
    Prior to amendment, subsec. (c) read as follows: "Credit shall be
    given under this System to a participant for a period of prior
    satisfactory service as - 
        "(1) a volunteer or volunteer leader under the Peace Corps Act
      (22 U.S.C. 2501 et seq.),
        "(2) a volunteer under part A of title VIII of the Economic
      Opportunity Act of 1964, or
        "(3) a full-time volunteer for a period of service of at least
      one year's duration under part A, B, or C of title I of the
      Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.),
    if the participant makes a payment to the Fund equal to 3 percent
    of pay received for the volunteer service (as determined in
    accordance with regulations of the Secretary of State consistent
    with regulations for making corresponding determinations under
    chapter 83, title 5) together with interest determined under
    regulations issued by the Secretary of State."
      1993 - Subsec. (a)(3). Pub. L. 103-178, Sec. 204(b)(1),
    substituted "the Central Intelligence Agency Retirement Act (50
    U.S.C. 2011 et seq.)" for "the Central Intelligence Agency
    Retirement Act of 1964 for Certain Employees".
      Subsec. (d). Pub. L. 103-178, Sec. 204(b)(2)(B), substituted "the
    Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et
    seq.)" for "the Central Intelligence Agency Retirement Act of 1964
    for Certain Employees".
      1988 - Subsec. (e). Pub. L. 100-238 struck out "matching" after
    "shall make a" and inserted "determined under section 4071f(a) of
    this title" after "participant)".
      1986 - Subsec. (d). Pub. L. 99-556, Sec. 405(a), which directed
    that subsec. (d) be amended by substituting "which was deducted and
    withheld from the individual's basic pay under the other retirement
    system" for "which would have been deducted from pay under section
    4071c(a) of this title had the individual been a participant", was
    executed by making the substitution for "which would have been
    deducted from pay under section 4071e(a) of this title had the
    individual been a participant", as the probable intent of Congress.
      Subsec. (e). Pub. L. 99-556, Sec. 405(b), added subsec. (e).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-346 effective upon the close of calendar
    year 2000 and applicable thereafter, see section 101(a) [title V,
    Sec. 505(i)] of Pub. L. 106-346, set out as a note under section
    8334 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section
    7001(f) of Pub. L. 105-33, set out as a note under section 8334 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section
    408 of Pub. L. 99-556, set out as a note under section 4046 of this
    title.

      IMPACT OF AMENDMENTS BY PUB. L. 105-33 ON AGENCY CONTRIBUTIONS  
      Section 7001(e)(2) of Pub. L. 105-33 provided that: "Agency
    contributions under section 857 of the Foreign Service Act of 1980
    (22 U.S.C. 4071f) shall not be reduced as a result of the
    amendments made under paragraph (1) of this subsection [amending
    this section and section 4071e of this title]."

-End-

-CITE-
    22 USC Sec. 4071d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071d. Entitlement to annuity

-STATUTE-
    (a) Retirement conditions; definitions
      (1) Any participant may be retired under the conditions specified
    in section 4051 of this title and shall be retired under the
    conditions specified in sections 4052 and 4053 of this title and
    receive benefits under this part.
      (2) For the purposes of this subsection - 
        (A) the term "participant", as used in the sections referred to
      in paragraph (1), means a participant in the Foreign Service
      Pension System; and
        (B) the term "System", as used in those sections, means the
      Foreign Service Pension System.

      (3) For purposes of any annuity computation under this
    subsection, the average pay (as used in section 8414 (!1) of title
    5) of any member of the Service whose official duty station is
    outside the continental United States shall be considered to be the
    salary that would have been paid to the member had the member's
    official duty station been Washington, D.C., including locality-
    based comparability payments under section 5304 of title 5 that
    would have been payable to the member if the member's official duty
    station had been Washington, D.C.

    (b) Voluntary or mandatory retirement with authorization for
      immediate annuity; computation of annuity
      (1) Any participant who retires voluntarily or mandatorily under
    section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under
    conditions authorizing an immediate annuity for participants in the
    Foreign Service Retirement and Disability System or for
    participants in the Foreign Service Pension System, and who has
    completed at least 5 years as a member of the Foreign Service,
    shall be entitled to an immediate annuity computed under paragraph
    (2).
      (2) An annuity under paragraph (1) shall be computed - 
        (A) in accordance with section 8415(d)(1) of title 5 for all
      service while a participant in this System and for prior service
      creditable under this part not otherwise counted as - 
          (i) a member of the Service,
          (ii) an employee of the Central Intelligence Agency entitled
        to retirement credit under title II of the Central Intelligence
        Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section
        302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b)), or
          (iii) a participant as a Member of Congress, a congressional
        employee, law enforcement officer, firefighter, or air traffic
        controller in the Civil Service Retirement System under
        subchapter III of chapter 83, title 5, or in the Federal
        Employees' Retirement System under chapter 84 of title 5; and

        (B) at the rate stated in section 8415(a) of title 5 for all
      other service creditable under this System including service in
      excess of 20 years otherwise creditable under paragraph (A).

      (3) Any participant who is involuntarily retired or separated
    under section 4007, 4008, 4010, or 4010a of this title and who
    would if a participant under part I of this subchapter, become
    eligible for a refund of contributions or a deferred annuity under
    part I of this subchapter, shall, in lieu thereof, receive benefits
    for an involuntary separation under this part.
      (4) A disability annuity under this part required to be
    redetermined under section 8452(b) of title 5, or computed under
    section 8452(c) or (d) of such title 5, shall be recomputed or
    computed using the formula in subsection (b)(2)(A) of this section
    rather than section 8415 of such title 5 (as stated in section
    8452(b)(2)(A) and 8452(c) and (d) of such title). Such annuity
    shall also be computed in accordance with the preceding sentence
    if, as of the day on which such annuity commences or is restored,
    the annuitant satisfies the age and service requirements for
    entitlement to an immediate annuity under section 4051 of this
    title.
      (5) A former participant entitled to a deferred annuity under
    section 8413(b) of title 5 shall not be subject to section
    8415(f)(1) of such title 5 if the former participant has 20 years
    of service creditable under this part and is at least 50 years of
    age as of the date on which the annuity is to commence.
      (6)(A) The amount of a survivor annuity for a widow or widower of
    a participant or former participant shall be 50 percent of an
    annuity computed for the deceased under this part rather than under
    section 8415 of such title 5 (as stated in sections 8442(a)(1),
    (b)(1)(B), and (c)(2) of such title).
      (B) Any calculation for a widow or widower of a participant or
    former participant under section 8442(f)(2)(A) shall be based on an
    "assumed FSRDS annuity" rather than an "assumed CSRS annuity" as
    stated in such section. For the purpose of this subparagraph, the
    term "assumed FSRDS annuity" means the amount of the survivor
    annuity to which the widow or widower would be entitled under part
    I of this subchapter based on the service of the deceased annuitant
    determined under section 8442(f)(5) of such title 5.
    (c) Annuity supplement
      A participant who is entitled to an immediate annuity under
    subsection (b) of this section shall be entitled to receive an
    annuity supplement while the annuitant is under 62 years of age.
    The annuity supplement shall be based on the total creditable
    service of the annuitant and shall be computed in accordance with
    sections 8421(b) and 8421a of title 5 as if the participant were a
    law enforcement officer retired under section 8412(d) of such
    title.
    (d) Separation for cause based on disloyalty
      Any participant who is separated for cause under section 4010 of
    this title shall not be entitled to an annuity under this System
    when the Secretary determines that the separation was based in
    whole or in part on disloyalty to the United States.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 855, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 617; amended Pub. L. 99-556,
    title IV, Sec. 406, Oct. 27, 1986, 100 Stat. 3138; Pub. L. 103-178,
    title II, Sec. 204(b)(3), Dec. 3, 1993, 107 Stat. 2033; Pub. L. 105-
    277, div. G, subdiv. B, title XXIII, Sec. 2312(b), Oct. 21, 1998,
    112 Stat. 2681-827; Pub. L. 105-382, Sec. 2(d)(3)(B), Nov. 13,
    1998, 112 Stat. 3408; Pub. L. 107-228, div. A, title III, Sec.
    322(b)(1), Sept. 30, 2002, 116 Stat. 1384.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8414 of title 5, referred to in subsec. (a)(3), does not
    contain the term "average pay". Section 8415 of title 5 relates to
    annuity computation, and section 8401 of title 5 defines "average
    pay".
      The Central Intelligence Agency Retirement Act, referred to in
    subsec. (b)(2)(A)(ii), is Pub. L. 88-643, as revised generally by
    Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat.
    3196. Title II of the Act is classified generally to subchapter II
    (Sec. 2011 et seq.) of chapter 38 of Title 50, War and National
    Defense. For complete classification of this Act to the Code, see
    Short Title note set out under section 2001 of Title 50 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(3). Pub. L. 107-228 added par. (3).
      1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 2312(b)(1)(A), and
    Pub. L. 105-382 amended par. (1) identically, inserting "4010a,"
    after "4008,".
      Pub. L. 105-277, Sec. 2312(b)(1)(C), substituted "Service, shall"
    for "Service shall".
      Pub. L. 105-277, Sec. 2312(b)(1)(B), inserted "or for
    participants in the Foreign Service Pension System," after
    "Retirement and Disability System".
      Subsec. (b)(3). Pub. L. 105-382, which directed the insertion of
    "4010a," after "4008," in par. (3), was not executed to reflect the
    probable intent of Congress and the amendment by Pub. L. 105-277,
    Sec. 2312(b)(2). See below.
      Pub. L. 105-277, Sec. 2312(b)(2), substituted "4010, or 4010a"
    for "or 4010".
      1993 - Subsec. (b)(2)(A)(ii). Pub. L. 103-178 substituted "under
    title II of the Central Intelligence Agency Retirement Act (50
    U.S.C. 2011 et seq.) or under section 302(a) or 303(b) of that Act
    (50 U.S.C. 2152(a), 2153(b))" for "under title II of the Central
    Intelligence Agency Retirement Act of 1964 for Certain Employees or
    under section 302(a) or 303(b) of that Act".
      1986 - Subsec. (b)(1). Pub. L. 99-556, Sec. 406(a), substituted
    "as a member of the Foreign Service" for "of service subject to
    this subchapter".
      Subsec. (b)(2). Pub. L. 99-556, Sec. 406(b), amended par. (2) by
    substituting subpars. (A) and (B) for former subpars. (A) to (C).
    Prior to amendment, subpars. (A) to (C) read as follows:
      "(A) for all service earned while a participant in this System,
    at the rate stated in section 8415(d) of title 5; and
      "(B) for all service earned while a participant in another
    retirement system creditable under section 4071c(d) of this title,
    at the rate which would have been applicable to the individual had
    that individual remained a participant in the other system; and
      "(C) for all volunteer service creditable under section 4071c(c)
    of this title, at the rate stated in section 8415(a) of title 5."
      Subsec. (b)(3) to (6). Pub. L. 99-556, Sec. 406(c), added pars.
    (3) to (6).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-228 applicable to service performed on
    or after the first day of the first pay period beginning on or
    after the date that is 90 days after Sept. 30, 2002, see section
    322(c)(1) of Pub. L. 107-228, set out as a note under section 4046
    of this title.

                     EFFECTIVE DATE OF 1998 AMENDMENTS                 
      Amendment by Pub. L. 105-382 effective Nov. 13, 1998, with
    provisions relating to applicability with respect to certain
    individuals, see section 4 of Pub. L. 105-382, as amended, set out
    as a note under section 4044 of this title.
      Amendment by Pub. L. 105-277 effective Oct. 21, 1998, except that
    amendment made by section 2312(b)(1)(A), (2) of Pub. L. 105-277
    applicable with respect to any actions taken under section 4010a of
    this title on or after Jan. 1, 1996, see section 2312(c) of Pub. L.
    105-277, set out as a note under section 4009 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section
    408 of Pub. L. 99-556, set out as a note under section 4046 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 4071e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071e. Deductions and withholdings from pay

-STATUTE-
    (a) Basic pay
      (1) The employing agency shall deduct and withhold from the basic
    pay of each participant the applicable percentage of basic pay
    specified in paragraph (2) of this subsection minus the percentage
    then in effect under section 3101(a) of title 26 (relating to the
    rate of tax for old age, survivors, and disability insurance).
      (2) The applicable percentage under this subsection shall be as
    follows:

                       7.5             Before January 1, 1999.          
                       7.75            January 1, 1999, to December 31, 
                                        1999.                           
                       7.9             January 1, 2000, to December 31, 
                                        2000.                           
                       7.55            After January 11, 2003.          
    --------------------------------------------------------------------

    (b) Consent to deductions; discharge of claims
      Each participant is deemed to consent and agree to the deductions
    under subsection (a) of this section. Notwithstanding any law or
    regulation affecting the pay of a participant, payment less such
    deductions is a full and complete discharge and acquittance of all
    claims and demands for regular services during the period covered
    by the payment, except the right to any benefits under this part
    based on the service of the participant.
    (c) Deposit of amounts
      Amounts deducted and withheld under this section shall be
    deposited in the Treasury of the United States to the credit of the
    Fund under such procedures as the Comptroller General of the United
    States may prescribe.
    (d) Entry on individual retirement records
      Under such regulations as the Secretary of State may issue,
    amounts deducted under subsection (a) of this section shall be
    entered on individual retirement records.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 856, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 618; amended Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105-33, title VII,
    Sec. 7001(e)(1)(A), Aug. 5, 1997, 111 Stat. 661; Pub. L. 106-346,
    Sec. 101(a) [title V, Sec. 505(e)(1)], Oct. 23, 2000, 114 Stat.
    1356, 1356A-53; Pub. L. 107-228, div. A, title III, Sec. 322(b)(2),
    Sept. 30, 2002, 116 Stat. 1384.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2). Pub. L. 107-228, in table, substituted
    item relating to applicable percentage after January 11, 2003, for
    item relating to applicable percentage after December 31, 2000.
      2000 - Subsec. (a)(2). Pub. L. 106-346, in table, substituted
    item relating to applicable percentage after December 31, 2000, for
    items relating to applicable percentages from January 1, 2001, to
    December 31, 2002; and after December 31, 2002.
      1997 - Subsec. (a). Pub. L. 105-33 amended subsec. (a) generally.
    Prior to amendment, subsec. (a) read as follows: "The employing
    agency shall deduct and withhold from basic pay of each participant
    a percentage of basic pay equal to 7 1/2  percent minus the
    percentage then in effect under section 3101(a) of title 26
    (relating to the rate of tax for old age, survivors and disability
    insurance)."
      1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954", which for
    purposes of codification was translated as "title 26" thus
    requiring no change in text.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-228 effective with the first pay period
    beginning on or after the date that is 90 days after Sept. 30,
    2002, see section 322(c)(2) of Pub. L. 107-228, set out as a note
    under section 4045 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-346 effective upon the close of calendar
    year 2000 and applicable thereafter, see section 101(a) [title V,
    Sec. 505(i)] of Pub. L. 106-346, set out as a note under section
    8334 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective Oct. 1, 1997, see section
    7001(f) of Pub. L. 105-33, set out as a note under section 8334 of
    Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4071f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071f. Government contributions

-STATUTE-
      (a) Each agency employing any participant shall contribute to the
    Fund the amount computed in a manner similar to that used under
    section 8423(a) of title 5 pursuant to determinations of the normal
    cost percentage for the Foreign Service Pension System by the
    Secretary of State.
      (b)(1) The Secretary of State shall compute the amount of the
    supplemental liability of the Fund as of the close of each fiscal
    year beginning after September 30, 1987. The amount of any such
    supplemental liability shall be amortized in 30 equal annual
    installments with interest computed at the rate used in the most
    recent valuation of the System.
      (2) At the end of each fiscal year, the Secretary of State shall
    notify the Secretary of the Treasury of the amount of the
    installment computed under this subsection for such year.
      (3) Before closing the accounts for a fiscal year, the Secretary
    of the Treasury shall credit to the Fund, as a Government
    contribution, out of any money in the Treasury of the United States
    not otherwise appropriated, the amount under paragraph (2) of this
    subsection for such year.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 857, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 618.)

-End-

-CITE-
    22 USC Sec. 4071g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071g. Cost-of-living adjustments

-STATUTE-
      Cost-of-living adjustments for annuitants under this System shall
    be granted under procedures in section 8462 of title 5 in the same
    manner as such adjustments are made for annuitants referred to in
    subsection (c)(3)(B)(ii) of such section.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 858, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 619.)

-MISC1-
    DELAY IN COST-OF-LIVING ADJUSTMENTS DURING FISCAL YEARS 1994, 1995,
                                 AND 1996
      Any cost-of-living increase scheduled to take effect during
    fiscal year 1994, 1995, or 1996 under this section delayed until
    first day of third calendar month after date such increase would
    otherwise take effect, see section 11001 of Pub. L. 103-66, set out
    as a note under section 8340 of Title 5, Government Organization
    and Employees.

-End-

-CITE-
    22 USC Sec. 4071h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071h. General and administrative provisions

-STATUTE-
    (a) Administration by Secretary of State; issuance of regulations
      The Secretary of State shall administer the Foreign Service
    Pension System except for matters relating to the Thrift Savings
    Plan provided in subchapters III and VII of chapter 84 of title 5.
    The Secretary of State shall, with respect to the Foreign Service
    Pension System, perform the functions and exercise the authority
    vested in the Office of Personnel Management or the Director of
    such Office by such chapter 84 and may issue regulations for such
    purposes.
    (b) Appeal of determinations
      Determinations of the Secretary of State under the Foreign
    Service Pension System which, if made by the Office of Personnel
    Management under chapter 84 of title 5 or the Director of such
    Office, would be appealable to the Merit Systems Protection Board
    shall, instead, be appealable to the Foreign Service Grievance
    Board, except that determinations of disability for participants
    shall be based upon the standards in section 4048 of this title
    (other than the exclusion for vicious habits, intemperance, or
    willful misconduct) and subject to review in the same manner as
    under that section.
    (c) Periodic valuations by Secretary of the Treasury
      At least every 5 years, the Secretary of the Treasury shall
    prepare periodic valuations of the Foreign Service Pension System
    and shall advise the Secretary of State of (1) the normal cost of
    the System, (2) the supplemental liability of the System, and (3)
    the amounts necessary to finance the costs of the System.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 859, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 619.)

-End-

-CITE-
    22 USC Sec. 4071i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071i. Transition provisions

-STATUTE-
      The Secretary of State shall issue regulations providing for the
    transition from the Foreign Service Retirement and Disability
    System to the Foreign Service Pension System in a manner comparable
    to the transition of employees subject to subchapter III of chapter
    83 of title 5 (the Civil Service Retirement System) to the Federal
    Employees' Retirement System. For this and related purposes,
    references made to participation in subchapter III of chapter 83 of
    title 5 (the Civil Service Retirement System), the Social Security
    Act [42 U.S.C. 301 et seq.], and title 26 shall be deemed to refer
    to participation in the Foreign Service Pension System or the
    Foreign Service Retirement and Disability System, as appropriate.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 860, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended, which is classified
    generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"
    for "Internal Revenue Code of 1954", which for purposes of
    codification was translated as "title 26" thus requiring no change
    in text.

-End-

-CITE-
    22 USC Sec. 4071j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071j. Former spouses

-STATUTE-
    (a) Entitlement to share in benefits; conditions; remarriage;
      payments as income to former spouse; disability annuitants;
      election regarding method of payment; maximum amount payable
      (1)(A) Unless otherwise expressly provided by any spousal
    agreement or court order governing disposition of benefits under
    this part, a former spouse of a participant or former participant
    is entitled, during the period described in subparagraph (B), to a
    share (determined under paragraph (2)) of all benefits otherwise
    payable to such participant under this part if such former spouse
    was married to the participant for at least 10 years during service
    of the participant which is creditable under this subchapter with
    at least 5 of such years occurring while the participant was a
    member of the Foreign Service.
      (B) The period referred to in subparagraph (A) is the period
    which begins on the first day of the month following the month in
    which the divorce or annulment becomes final and ends on the last
    day of the month before the former spouse dies or remarries before
    55 years of age.
      (2) The share referred to in paragraph (1) equals - 
        (A) 50 percent, if such former spouse was married to the
      participant throughout the actual years of service of the
      participant which are creditable under this subchapter; or
        (B) a pro rata share of 50 percent, if such former spouse was
      not married to the participant throughout such creditable
      service.

      (3) A former spouse shall not be qualified for any benefit under
    this subsection if, before the commencement of any benefit, the
    former spouse remarries before becoming 55 years of age.
      (4)(A) For purposes of title 26, payments to a former spouse
    under this section shall be treated as income to the former spouse
    and not to the participant.
      (B) Any reduction in payments to a participant or former
    participant as a result of payments to a former spouse under this
    subsection shall be disregarded in calculating - 
        (i) the survivor annuity for any spouse, former spouse, or
      other survivor under this part, and
        (ii) any reduction in the annuity of the participant to provide
      survivor benefits under this part.

      (5) Notwithstanding subsection (a)(1) of this section, in the
    case of any former spouse of a disability annuitant - 
        (A) the annuity of the former spouse shall commence on the date
      the participant would qualify, on the basis of his or her
      creditable service, for an annuity under this subchapter (other
      than a disability annuity) or the date the disability annuity
      begins, whichever is later, and
        (B) the amount of the annuity of the former spouse shall be
      calculated on the basis of the annuity for which the participant
      would otherwise so qualify.

      (6)(A) Except as provided in subparagraph (B), any former spouse
    who becomes entitled to receive any benefit under this part which
    would otherwise be payable to a participant or former participant
    shall be entitled to make any election regarding method of payment
    to such former spouse that such participant would have otherwise
    been entitled to elect, and the participant may elect an alternate
    method for the remaining share of such benefits. Such elections
    shall not increase the actuarial present value of benefits expected
    to be paid under this part.
      (B) A former spouse may not elect a method of payment under
    subchapter II, chapter 84 of title 5, providing for payment of a
    survivor annuity to any survivor of the former spouse.
      (7) The maximum amount payable to any former spouse pursuant to
    this subsection shall be the difference, if any, between 50 percent
    of the total benefits authorized to be paid to a former participant
    by this part, disregarding any apportionment of these benefits to
    others, and the aggregate amount payable to all others at any one
    time.
    (b) Entitlement to survivor benefits; determination of share;
      disqualification upon remarriage
      (1) Unless otherwise expressly provided for by any spousal
    agreement or court order governing survivorship benefits under this
    part to a former spouse married to a participant or former
    participant for the periods specified in subsection (a)(1)(A) of
    this section, such former spouse is entitled to a share, determined
    under subsection (b)(2) of this section, of all survivor benefits
    that would otherwise be payable under this part to an eligible
    surviving spouse of the participant.
      (2) The share referred to in subsection (b)(1) of this section
    equals - 
        (A) 100 percent if such former spouse was married to the
      participant throughout the entire period of service of the
      participant which is creditable under this subchapter; or
        (B) a pro rata share of 100 percent if such former spouse was
      not married to the participant throughout such creditable
      service.

      (3) A former spouse shall not be qualified for any benefit under
    this subsection if, before the commencement of any benefit, the
    former spouse remarries before becoming 55 years of age.
    (c) Diminution of entitlement of former spouse prohibited
      A participant or former participant may not make any election or
    modification of election under section 8417, 8418, or 8433 of title
    5 or other section relating to the participant's account in the
    Thrift Savings Plan or annuity under the basic plan that would
    diminish the entitlement of a former spouse to any benefit granted
    to the former spouse by this section or in a current spousal
    agreement.
    (d) Transfer of participant from Foreign Service Retirement and
      Disability System; determination of benefit share
      If a member becomes a participant under this part after
    qualifying for benefits under part I of this subchapter and, at the
    time of transfer, has a former spouse entitled to benefits under
    part I of this subchapter which are determined under section 4054
    or 4055 of this title (as determined by the Secretary of State) and
    are similar in amount to a pro rata share division under section
    4054 or 4055 of this title and the service of the member as a
    participant under this part is not recognized in determining that
    pro rata share, then subsections (a) and (b) of this section shall
    not apply to such former spouse. Otherwise, subsections (a) and (b)
    of this section shall apply.
    (e) Death of participant entitled to deferred annuity; spousal
      agreement; payment of survivor annuity
      If a participant dies after completing at least 18 months of
    service or a former participant dies entitled to a deferred
    annuity, but before becoming eligible to receive the annuity, and
    such participant or former participant has left with the Secretary
    of State a spousal agreement promising a share of a survivor
    annuity under subchapter IV, chapter 84, title 5, to a former
    spouse, such survivor annuity shall be paid under the terms of this
    part as if the survivor annuity had been ordered by a court.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 861, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-556, title IV,
    Sec. 407, Oct. 27, 1986, 100 Stat. 3139.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a)(4)(A). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      Subsec. (b)(3). Pub. L. 99-556 added par. (3).

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section
    408 of Pub. L. 99-556, set out as a note under section 4046 of this
    title.

-End-

-CITE-
    22 USC Sec. 4071k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY
    Part II - Foreign Service Pension System

-HEAD-
    Sec. 4071k. Spousal agreements

-STATUTE-
      A spousal agreement is any written agreement (properly
    authenticated as determined by the Secretary of State) between a
    participant or former participant and his or her spouse or former
    spouse on file with the Secretary of State. A spousal agreement
    shall be consistent with the terms of this chapter and applicable
    regulations and, if executed at the time a participant or former
    participant is currently married, shall be approved by such current
    spouse. It may be used to fix the level of benefits payable under
    this part to a spouse or former spouse.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 862, as added Pub. L. 99-335, title
    IV, Sec. 415, June 6, 1986, 100 Stat. 621.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as
    amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter (Sec. 3901 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.

-End-

-CITE-
    22 USC SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
             SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS         

-End-

-CITE-
    22 USC Sec. 4081                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4081. Travel and related expenses

-STATUTE-
      The Secretary may pay the travel and related expenses of members
    of the Service and their families, including costs or expenses
    incurred for - 
        (1) proceeding to and returning from assigned posts of duty;
        (2) authorized or required home leave;
        (3) family members to accompany, precede, or follow a member of
      the Service to a place of temporary duty;
        (4) representational travel within the country to which the
      member of the Service is assigned or, when not more than one
      family member participates, outside such country;
        (5) obtaining necessary medical care for an illness, injury, or
      medical condition while abroad in a locality where there is no
      suitable person or facility to provide such care (without regard
      to those laws and regulations limiting or restricting the
      furnishing or payment of transportation and traveling expenses),
      as well as expenses for - 
          (A) an attendant or attendants for a member of the Service or
        a family member who is too ill to travel unattended or for a
        family member who is too young to travel alone, and
          (B) a family member incapable of caring for himself or
        herself if he or she remained at the post at which the member
        of the Service is serving;

        (6) rest and recuperation travel of members of the Service who
      are United States citizens, and members of their families, while
      serving at locations abroad specifically designated by the
      Secretary for purposes of this paragraph, to - 
          (A) other locations abroad having different social, climatic,
        or other environmental conditions than those at the post at
        which the member of the Service is serving, or
          (B) locations in the United States;

      except that, unless the Secretary otherwise specifies in
      extraordinary circumstances, travel expenses under this paragraph
      shall be limited to the cost for a member of the Service, and for
      each member of the family of the member, of 1 round trip during
      any continuous 2-year tour and of 2 round trips during any
      continuous 3-year tour;
        (7) removal of the family members of a member of the Service,
      and the furniture and household and personal effects (including
      automobiles) of the family, from a Foreign Service post where
      there is imminent danger because of the prevalence of disturbed
      conditions, and the return of such individuals, furniture, and
      effects to such post upon the cessation of such conditions, or to
      such other Foreign Service post as may in the meantime have
      become the post to which the member of the Service has been
      reassigned;
        (8) trips by a member of the Service, and members of his or her
      family, for purposes of family visitation in situations where the
      family of the member is prevented by official order from
      accompanying the member to, or has been ordered from, the
      assigned post of the member because of imminent danger due to the
      prevalence of disturbed conditions, except that - 
          (A) with respect to any such member whose family is located
        in the United States, the Secretary may pay the costs and
        expenses for not to exceed two round trips in a 12-month
        period; and
          (B) with respect to any such member whose family is located
        abroad, the Secretary may pay such costs and expenses for trips
        in a 12-month period as do not exceed the cost of 2 round trips
        (at less than first class) to the District of Columbia;

        (9) roundtrip travel to or from an employee's post of
      assignment for purposes of family visitation in emergency
      situations involving personal hardship, except that payment for
      travel by family members to an employee's post of assignment may
      be authorized under this paragraph only where the family of the
      member is prevented by official order from residing at such
      post.(!1)

        (10) preparing and transporting to the designated home in the
      United States or to a place not more distant, the remains of a
      member of the Service, or of a family member of a member of the
      Service, who dies abroad or while in travel status or, if death
      occurs in the United States, transport of the remains to the
      designated home in the United States or to a place not more
      distant;
        (11) transporting the furniture and household and personal
      effects of a member of the Service (and of his or her family) to
      successive posts of duty and, on separation of a member from the
      Service, to the place where the member will reside (or if the
      member has died, to the place where his or her family will
      reside);
        (12) packing and unpacking, transporting to and from a place of
      storage, and storing the furniture and household and personal
      effects of a member of the Service (and of his or her family) - 
          (A) when the member is absent from his or her post of
        assignment under orders or is assigned to a Foreign Service
        post to which such furniture and household and personal effects
        cannot be taken or at which they cannot be used, or when it is
        in the public interest or more economical to authorize storage;
          (B) in connection with an assignment of the member to a new
        post, except that costs and expenses may be paid under this
        subparagraph only for the period beginning on the date of
        departure from his or her last post or (in the case of a new
        member) on the date of departure from the place of residence of
        the member and ending on the earlier of the date which is 3
        months after arrival of the member at the new post or the date
        on which the member establishes residence quarters, except that
        in extraordinary circumstances the Secretary may extend this
        period for not more than an additional 90 days; and
          (C) in connection with separation of the member from the
        Service, except that costs or expenses may not be paid under
        this subparagraph for storing furniture and household and
        personal effects for more than 3 months, except that in
        extraordinary circumstances the Secretary may extend this
        period for not more than an additional 90 days;

        (13) transporting, for or on behalf of a member of the Service,
      a privately owned motor vehicle in any case in which the
      Secretary determines that water, rail, or air transportation of
      the motor vehicle is necessary or expedient for all or any part
      of the distance between points of origin and destination, but
      transportation may be provided under this paragraph for only one
      motor vehicle of a member during any 48-month period while the
      member is continuously serving abroad, except that another motor
      vehicle may be so transported as a replacement for such motor
      vehicle if such replacement - 
          (A) is determined, in advance, by the Secretary to be
        necessary for reasons beyond the control of the member and in
        the interest of the Government, or
          (B) is incident to a reassignment when the cost of
        transporting the replacement motor vehicle does not exceed the
        cost of transporting the motor vehicle that is replaced;

        (14) the travel and relocation of members of the Service, and
      members of their families, assigned to or within the United
      States (or any territory or possession of the United States or
      the Commonwealth of Puerto Rico), including assignments under
      subchapter VI of chapter 33 of title 5 (notwithstanding section
      3375(a) of such title, if an agreement similar to that required
      by section 3375(b) of such title is executed by the member of the
      Service); and
        (15) 1 round-trip per year for each child below age 21 of a
      member of the Service assigned abroad - 
          (A) to visit the member abroad if the child does not
        regularly reside with the member and the member is not
        receiving an education allowance or educational travel
        allowance for the child under section 5924(4) of title 5; or
          (B) to visit the other parent of the child if the other
        parent resides in a country other than the country to which the
        member is assigned and the child regularly resides with the
        member and does not regularly attend school in the country in
        which the other parent resides,

      except that a payment under this paragraph may not exceed the
      cost of round-trip travel between the post to which the member is
      assigned and the residence of the other parent, or between the
      post to which the member is assigned and the residence of the
      child if the child does not reside with a parent.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 901, Oct. 17, 1980, 94 Stat. 2124;
    Pub. L. 101-246, title I, Sec. 148, Feb. 16, 1990, 104 Stat. 38;
    Pub. L. 102-138, title I, Secs. 145, 146, Oct. 28, 1991, 105 Stat.
    668, 669; Pub. L. 107-228, div. A, title III, Secs. 315(a), 328,
    Sept. 30, 2002, 116 Stat. 1379, 1387; Pub. L. 109-234, title I,
    Sec. 1602(d)(1), June 15, 2006, 120 Stat. 442.)

-MISC1-
                                AMENDMENTS                            
      2006 - Par. (6). Pub. L. 109-234, which directed amendment of
    section 901(6) of the Foreign Service Act by striking out "unbroken
    by home leave" wherever appearing, was executed by striking out
    those words after "2-year tour" and "3-year tour" in concluding
    provisions of par. (6) of this section, which is section 901 of the
    Foreign Service Act of 1980, to reflect the probable intent of
    Congress.
      2002 - Par. (8). Pub. L. 107-228, Sec. 315(a), substituted
    "Service, and members of his or her family," for "Service".
      Par. (15). Pub. L. 107-228, Sec. 328, in concluding provisions,
    substituted "residence of the other parent, or between the post to
    which the member is assigned and the residence of the child if the
    child does not reside with a parent" for "port of entry in the
    contiguous 48 States which is nearest to that post".
      1991 - Par. (10). Pub. L. 102-138, Sec. 146, inserted before
    semicolon "or, if death occurs in the United States, transport of
    the remains to the designated home in the United States or to a
    place not more distant".
      Par. (12)(B). Pub. L. 102-138, Sec. 145(1), inserted before
    semicolon ", except that in extraordinary circumstances the
    Secretary may extend this period for not more than an additional 90
    days".
      Par. (12)(C). Pub. L. 102-138, Sec. 145(2), inserted before
    semicolon ", except that in extraordinary circumstances the
    Secretary may extend this period for not more than an additional 90
    days".
      1990 - Par. (9). Pub. L. 101-246 amended par. (9) generally.
    Prior to amendment, par. (9) read as follows: "round-trip travel
    from a location abroad for purposes of family visitation in
    emergency situations involving personal hardship;".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-228, div. A, title III, Sec. 315(c), Sept. 30, 2002,
    116 Stat. 1379, provided that: "The amendment made by subsection
    (a) [amending this section] shall take effect on the date on which
    guidance for implementation of such amendment is issued by the
    Secretary." [Guidance in the form of a State Department cable was
    issued Nov. 5, 2002.]
      [For definition of "Secretary" as used in section 315(c) of Pub.
    L. 107-228, set out above, see section 3 of Pub. L. 107-228, set
    out as a note under section 2651 of this title.]

                         PROMULGATION OF GUIDANCE                     
      Pub. L. 107-228, div. A, title III, Sec. 315(b), Sept. 30, 2002,
    116 Stat. 1379, provided that: "The Secretary shall promulgate
    guidance for the implementation of the amendment made by subsection
    (a) [amending this section] to ensure its implementation in a
    manner which does not substantially increase the total amount of
    travel expenses paid or reimbursed by the Department for travel
    under section 901 of the Foreign Service Act of 1980 (22 U.S.C.
    4081)."
      [For definitions of "Secretary" and "Department" as used in
    section 315(b) of Pub. L. 107-228, set out above, see section 3 of
    Pub. L. 107-228, set out as a note under section 2651 of this
    title.]

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    22 USC Sec. 4082                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4082. Loan of household effects

-STATUTE-
      The Secretary may, as a means of eliminating transportation
    costs, provide members of the Service with basic household
    furnishing and equipment for use on a loan basis in personally
    owned or leased residences.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 902, Oct. 17, 1980, 94 Stat. 2127.)

-End-

-CITE-
    22 USC Sec. 4083                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4083. Required leave

-STATUTE-
    (a) Criteria; length of continuous service
      The Secretary may order a member of the Service (other than a
    member employed under section 3951 of this title) who is a citizen
    of the United States to take a leave of absence under section 6305
    of title 5 (without regard to the introductory clause of subsection
    (a) of that section), upon completion by that member of 12 months
    of continuous service abroad. The Secretary shall order on such a
    leave of absence a member of the Service (other than a member
    employed under section 3951 of this title) who is a citizen of the
    United States as soon as possible after completion by that member
    of 3 years of continuous service abroad.
    (b) Place leave may be taken
      Leave ordered under this section may be taken in the United
    States, its territories and possessions, or the Commonwealth of
    Puerto Rico.
    (c) Availability for work or duties in Department
      While on a leave of absence ordered under this section, the
    services of any member of the Service shall be available for such
    work or duties in the Department or elsewhere as the Secretary may
    prescribe, but the time of such work or duties shall not be counted
    as leave.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 903, Oct. 17, 1980, 94 Stat. 2127;
    Pub. L. 103-236, title I, Sec. 180(a)(8), Apr. 30, 1994, 108 Stat.
    416; Pub. L. 109-234, title I, Sec. 1602(d)(2), June 15, 2006, 120
    Stat. 442.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-234, which directed substitution
    of "12 months" for "18 months" in section 903(a) of the Foreign
    Service Act, was executed to subsec. (a) of this section, which is
    section 903 of the Foreign Service Act of 1980, to reflect the
    probable intent of Congress.
      1994 - Subsec. (a). Pub. L. 103-236 inserted "(other than a
    member employed under section 3951 of this title)" after "member of
    the Service" in two places.

-End-

-CITE-
    22 USC Sec. 4084                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4084. Health care program

-STATUTE-
    (a) Establishment
      The Secretary of State shall establish a health care program to
    promote and maintain the physical and mental health of members of
    the Service, and (when incident to service abroad) other designated
    eligible Government employees, and members of the families of such
    members and employees.
    (b) Services provided
      Any such health care program may include (1) medical examinations
    for applicants for employment, (2) medical examinations and
    inoculations or vaccinations, and other preventive and remedial
    care and services as necessary, for members of the Service and
    employees of the Department who are citizens of the United States
    and for members of their families, (3) health education and disease
    prevention programs for all employees, and (4) examinations
    necessary in order to establish disability or incapacity of
    participants in the Foreign Service Retirement and Disability
    System or Foreign Service Pension System or to provide survivor
    benefits under subchapter VIII of this chapter.
    (c) Facilities; employment of personnel
      The Secretary of State may establish health care facilities and
    provide for the services of physicians, nurses, or other health
    care personnel at Foreign Service posts abroad at which, in the
    opinion of the Secretary of State, a sufficient number of
    Government employees are assigned to warrant such facilities or
    services.
    (d) Costs of treatment
      If an individual eligible for health care under this section
    incurs an illness, injury, or medical condition which requires
    treatment while assigned to a post abroad or located overseas
    pursuant to Government authorization, the Secretary may pay the
    cost of such treatment.
    (e) Death or separation of member
      Health care may be provided under this section to a member of the
    Service or other designated eligible Government employee after the
    separation of such member or employee from Government service.
    Health care may be provided under this section to a member of the
    family of a member of the Service or of a designated eligible
    Government employee after the separation from Government service or
    the death of such member of the Service or employee or after
    dissolution of the marriage.
    (f) Review; medical care contracts
      The Secretary of State shall review on a continuing basis the
    health care program provided for in this section. Whenever the
    Secretary of State determines that all or any part of such program
    can be provided for as well and as cheaply in other ways, the
    Secretary may, for such individuals, locations, and conditions as
    the Secretary of State deems appropriate, contract for health care
    pursuant to such arrangements as the Secretary deems appropriate.
    (g) Retention of medical reimbursements
      Reimbursements paid to the Department of State for funding the
    costs of medical care abroad for employees and eligible family
    members shall be credited to the currently available applicable
    appropriation account. Such reimbursements shall be available for
    obligation and expenditure during the fiscal year in which they are
    received or for such longer period of time as may be provided in
    law.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 904, Oct. 17, 1980, 94 Stat. 2127;
    Pub. L. 99-93, title I, Sec. 122, Aug. 16, 1985, 99 Stat. 413; Pub.
    L. 100-238, title II, Sec. 243, Jan. 8, 1988, 101 Stat. 1776; Pub.
    L. 107-228, div. A, title III, Sec. 316, Sept. 30, 2002, 116 Stat.
    1379; Pub. L. 109-140, Sec. 2, Dec. 22, 2005, 119 Stat. 2650.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (g). Pub. L. 109-140 added subsec. (g).
      2002 - Subsec. (b). Pub. L. 107-228 substituted "families, (3)
    health education and disease prevention programs for all employees,
    and (4)" for "families, and (3)".
      1988 - Subsec. (b). Pub. L. 100-238 inserted "or Foreign Service
    Pension System" after "System".
      1985 - Subsec. (a). Pub. L. 99-93, Sec. 122(1), substituted
    "shall" for "may".
      Subsec. (b). Pub. L. 99-93, Sec. 122(2), inserted ", and other
    preventive and remedial care and services as necessary,".
      Subsec. (d). Pub. L. 99-93, Sec. 122(3), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "If an
    individual eligible for health care under this section incurs an
    illness, injury, or medical condition while abroad which requires
    hospitalization or similar treatment, the Secretary may pay all or
    part of the cost of such treatment. Limitations on such payments
    established by regulation may be waived whenever the Secretary
    determines that the illness, injury, or medical condition clearly
    was caused or materially aggravated by the fact that the individual
    concerned is or has been located abroad."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,
    1988, see section 261(a) of Pub. L. 100-238, set out as a note
    under section 4054 of this title.

-End-

-CITE-
    22 USC Sec. 4085                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4085. Entertainment and representation expenses

-STATUTE-
      Notwithstanding section 5536 of title 5, the Secretary may
    provide for official receptions and may pay entertainment and
    representational expenses (including expenses of family members) to
    enable the Department and the Service to provide for the proper
    representation of the United States and its interests. In carrying
    out this section, the Secretary shall, to the maximum extent
    practicable, provide for the use of United States products,
    including American wine.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 905, Oct. 17, 1980, 94 Stat. 2128.)

-End-

-CITE-
    22 USC Sec. 4086                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-
    Sec. 4086. Entitlement to vote in a State in a Federal election;
      preconditions; applicability

-STATUTE-
      (a) Except as provided in subsection (b) of this section and in
    such manner as shall be otherwise authorized by a State or other
    jurisdiction within the territory of the United States, a member of
    the Service residing outside the United States shall, in addition
    to any entitlement to vote in a State in a Federal election under
    section 3 of the Overseas Citizens Voting Rights Act (42 U.S.C.
    1973dd-1), be entitled to vote in a Federal election in the State
    in which such member was last domiciled immediately before entering
    the Service if such member - 
        (1) makes an election of that State;
        (2) notifies that State of such election and notifies any other
      States in which he or she is entitled to vote of such election;
      and
        (3) otherwise meets the requirements of such Act [42 U.S.C.
      1973dd et seq.].

      (b) The provisions of subsection (a) of this section shall apply
    only to an individual who becomes a member of the Service on or
    after November 22, 1983, and shall not apply to an individual who
    registers to vote in a State in which he is entitled to vote under
    section 3 of Overseas Citizens Voting Rights Act [42 U.S.C. 1973dd-
    1].

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 906, as added Pub. L. 98-164, title
    I, Sec. 129(a), Nov. 22, 1983, 97 Stat. 1027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Overseas Citizens Voting Rights Act, referred to in text,
    probably means the Overseas Citizens Voting Rights Act of 1975,
    Pub. L. 94-203, Jan. 2, 1976, 89 Stat. 1142, as amended, which was
    classified generally to subchapter I-E (Sec. 1973dd et seq.) of
    chapter 20 of Title 42, The Public Health and Welfare, and which
    was repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 28, 1986,
    100 Stat. 930. See section 1973ff et seq. of Title 42.

-End-

-CITE-
    22 USC SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
                 SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS             

-End-

-CITE-
    22 USC Sec. 4101                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4101. Congressional findings and policy

-STATUTE-
      The Congress finds that - 
        (1) experience in both private and public employment indicates
      that the statutory protection of the right of workers to
      organize, bargain collectively, and participate through labor
      organizations of their own choosing in decisions which affect
      them - 
          (A) safeguards the public interest,
          (B) contributes to the effective conduct of public business,
        and
          (C) facilitates and encourages the amicable settlement of
        disputes between workers and their employers involving
        conditions of employment;

        (2) the public interest demands the highest standards of
      performance by members of the Service and the continuous
      development and implementation of modern and progressive work
      practices to facilitate improved performance and efficiency; and
        (3) the unique conditions of Foreign Service employment require
      a distinct framework for the development and implementation of
      modern, constructive, and cooperative relationships between
      management officials and organizations representing members of
      the Service.

    Therefore, labor organizations and collective bargaining in the
    Service are in the public interest and are consistent with the
    requirement of an effective and efficient Government. The
    provisions of this subchapter should be interpreted in a manner
    consistent with the requirement of an effective and efficient
    Government.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1001, Oct. 17, 1980, 94 Stat. 2128.)

-End-

-CITE-
    22 USC Sec. 4102                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4102. Definitions

-STATUTE-
      As used in this subchapter, the term - 
        (1) "Authority" means the Federal Labor Relations Authority,
      described in section 7104(a) of title 5;
        (2) "Board" means the Foreign Service Labor Relations Board,
      established by section 4106(a) of this title;
        (3) "collective bargaining" means the performance of the mutual
      obligation of the management representative of the Department and
      of the exclusive representative of employees to meet at
      reasonable times and to consult and bargain in a good-faith
      effort to reach agreement with respect to the conditions of
      employment affecting employees, and to execute, if requested by
      either party, a written document incorporating any collective
      bargaining agreement reached, but this obligation does not compel
      either party to agree to a proposal or to make a concession;
        (4) "collective bargaining agreement" means an agreement
      entered into as a result of collective bargaining under the
      provisions of this subchapter;
        (5) "conditions of employment" means personnel policies,
      practices, and matters, whether established by regulation or
      otherwise, affecting working conditions, but does not include
      policies, practices, and matters - 
          (A) relating to political activities prohibited abroad or
        prohibited under subchapter III of chapter 73 of title 5;
          (B) relating to the designation or classification of any
        position under section 3981 of this title;
          (C) to the extent such matters are specifically provided for
        by Federal statute; or
          (D) relating to Government-wide or multiagency responsibility
        of the Secretary affecting the rights, benefits, or obligations
        of individuals employed in agencies other than those which are
        authorized to utilize the Foreign Service personnel system;

        (6) "confidential employee" means an employee who acts in a
      confidential capacity with respect to an individual who
      formulates or effectuates management policies in the field of
      labor-management relations;
        (7) "dues" means dues, fees, and assessments;
        (8) "employee" means - 
          (A) a member of the Service who is a citizen of the United
        States, wherever serving, other than a management official, a
        confidential employee, a consular agent, a member of the
        Service who is a United States citizen (other than a family
        member) employed under section 3951 of this title, or any
        individual who participates in a strike in violation of section
        7311 of title 5; or
          (B) a former member of the Service as described in
        subparagraph (A) whose employment has ceased because of an
        unfair labor practice under section 4115 of this title and who
        has not obtained any other regular and substantially equivalent
        employment, as determined under regulations prescribed by the
        Board;

        (9) "exclusive representative" means any labor organization
      which is certified as the exclusive representative of employees
      under section 4111 of this title;
        (10) "General Counsel" means the General Counsel of the
      Authority;
        (11) "labor organization" means an organization composed in
      whole or in part of employees, in which employees participate and
      pay dues, and which has as a purpose dealing with the Department
      concerning grievances (as defined in section 4131 of this title)
      and conditions of employment, but does not include - 
          (A) an organization which, by its constitution, bylaws, tacit
        agreement among its members, or otherwise, denies membership
        because of race, color, creed, national origin, sex, age,
        preferential or nonpreferential civil service status, political
        affiliation, marital status, or handicapping condition;
          (B) an organization which advocates the overthrow of the
        constitutional form of government of the United States;
          (C) an organization sponsored by the Department; or
          (D) an organization which participates in the conduct of a
        strike against the Government or any agency thereof or imposes
        a duty or obligation to conduct, assist, or participate in such
        a strike;

        (12) "management official" means an individual who - 
          (A) is a chief of mission or principal officer;
          (B) is serving in a position to which appointed by the
        President, by and with the advice and consent of the Senate, or
        by the President alone;
          (C) occupies a position which in the sole judgment of the
        Secretary is of comparable importance to the offices mentioned
        in subparagraph (A) or (B);
          (D) is serving as a deputy to any individual described by
        subparagraph (A), (B), or (C);
          (E) is assigned to carry out functions of the Inspector
        General of the Department of State and the Foreign Service
        under section 3929 of this title; or
          (F) is engaged in the administration of this subchapter or in
        the formulation of the personnel policies and programs of the
        Department;

        (13) "Panel" means the Foreign Service Impasse Disputes Panel,
      established by section 4110(a) of this title; and
        (14) "person" means an individual, a labor organization, or an
      agency to which this subchapter applies.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1002, Oct. 17, 1980, 94 Stat. 2129;
    Pub. L. 103-236, title I, Sec. 180(a)(9), Apr. 30, 1994, 108 Stat.
    416.)

-MISC1-
                                AMENDMENTS                            
      1994 - Par. (8)(A). Pub. L. 103-236 inserted "a member of the
    Service who is a United States citizen (other than a family member)
    employed under section 3951 of this title,".

-End-

-CITE-
    22 USC Sec. 4103                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4103. Application

-STATUTE-
    (a) Departments and agencies affected
      This subchapter applies only with respect to the Department of
    State, the Broadcasting Board of Governors, the Agency for
    International Development, the Department of Agriculture, and the
    Department of Commerce.
    (b) Exclusion of subdivisions
      The President may by Executive order exclude any subdivision of
    the Department from coverage under this subchapter if the President
    determines that - 
        (1) the subdivision has as a primary function intelligence,
      counterintelligence, investigative, or national security work,
      and
        (2) the provisions of this subchapter cannot be applied to that
      subdivision in a manner consistent with national security
      requirements and considerations.
    (c) Suspension of provisions
      The President may by Executive order suspend any provision of
    this subchapter with respect to any post, bureau, office, or
    activity of the Department, if the President determines in writing
    that the suspension is necessary in the interest of national
    security because of an emergency.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1003, Oct. 17, 1980, 94 Stat. 2130;
    Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
    291; Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.
    1335(k)(3), title XIV, Sec. 1422(b)(4)(C), Oct. 21, 1998, 112 Stat.
    2681-789, 2681-793.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 1422(b)(4)(C),
    substituted "Agency for International Development" for "United
    States International Development Cooperation Agency".
      Pub. L. 105-277, Sec. 1335(k)(3), substituted "Broadcasting Board
    of Governors" for "United States Information Agency".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Information Agency" substituted for "International
    Communication Agency" in subsec. (a), pursuant to section 303(b) of
    Pub. L. 97-241, set out as a note under section 1461 of this title.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 1335(k)(3) of Pub. L. 105-277 effective Oct.
    1, 1999, see section 1301 of Pub. L. 105-277, set out as an
    Effective Date note under section 6531 of this title.
      Amendment by section 1422(b)(4)(C) of Pub. L. 105-277 effective
    Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an
    Effective Date note under section 6561 of this title.

-End-

-CITE-
    22 USC Sec. 4104                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4104. Employee rights

-STATUTE-
      (a) Every employee has the right to form, join, or assist any
    labor organization, or to refrain from any such activity, freely
    and without fear of penalty or reprisal. Each employee shall be
    protected in the exercise of such right.
      (b) Except as otherwise provided under this subchapter, such
    right includes the right - 
        (1) to act for a labor organization in the capacity of a
      representative and, in that capacity, to present the views of the
      labor organization to the Secretary and other officials of the
      Government, including the Congress, or other appropriate
      authorities; and
        (2) to engage in collective bargaining with respect to
      conditions of employment through representatives chosen by
      employees under this subchapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1004, Oct. 17, 1980, 94 Stat. 2130.)

-End-

-CITE-
    22 USC Sec. 4105                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4105. Management rights

-STATUTE-
      (a) Subject to subsection (b) of this section, nothing in this
    subchapter shall affect the authority of any management official of
    the Department, in accordance with applicable law - 
        (1) to determine the mission, budget, organization, and
      internal security practices of the Department, and the number of
      individuals in the Service or in the Department;
        (2) to hire, assign, direct, lay off, and retain individuals in
      the Service or in the Department, to suspend, remove, or take
      other disciplinary action against such individuals, and to
      determine the number of members of the Service to be promoted and
      to remove the name of or delay the promotion of any member in
      accordance with regulations prescribed under section 4005(b) of
      this title;
        (3) to conduct reductions in force, and to prescribe
      regulations for the separation of employees pursuant to such
      reductions in force conducted under section 4010a of this title;
        (4) to assign work, to make determinations with respect to
      contracting out, and to determine the personnel by which the
      operations of the Department shall be conducted;
        (5) to fill positions from any appropriate source;
        (6) to determine the need for uniform personnel policies and
      procedures between or among the agencies to which this subchapter
      applies; and
        (7) to take whatever actions may be necessary to carry out the
      mission of the Department during emergencies.

      (b) Nothing in this section shall preclude the Department and the
    exclusive representative from negotiating - 
        (1) at the election of the Department, on the numbers, types,
      and classes of employees or positions assigned to any
      organizational subdivision, work project, or tour of duty, or on
      the technology, methods, and means of performing work;
        (2) procedures which management officials of the Department
      will observe in exercising any function under this section; or
        (3) appropriate arrangements for employees adversely affected
      by the exercise of any function under this section by such
      management officials.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1005, Oct. 17, 1980, 94 Stat. 2131;
    Pub. L. 103-236, title I, Sec. 181(b), Apr. 30, 1994, 108 Stat.
    417; Pub. L. 103-415, Sec. 1(jj)(2), Oct. 25, 1994, 108 Stat.
    4303.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(3) to (7). Pub. L. 103-236, as amended by Pub.
    L. 103-415, added par. (3) and redesignated former pars. (3) to (6)
    as (4) to (7), respectively.

-End-

-CITE-
    22 USC Sec. 4106                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4106. Foreign Service Labor Relations Board

-STATUTE-
    (a) Establishment; composition
      There is established within the Federal Labor Relations Authority
    the Foreign Service Labor Relations Board. The Board shall be
    composed of 3 members, 1 of whom shall be the Chairman of the
    Authority, who shall be the Chairperson of the Board. The remaining
    2 members shall be appointed by the Chairperson of the Board from
    nominees approved in writing by the agencies to which this
    subchapter applies, and the exclusive representative (if any) of
    employees in each such agency. In the event of inability to obtain
    agreement on a nominee, the Chairperson shall appoint the remaining
    2 members from among individuals the Chairperson considers
    knowledgeable in labor-management relations and the conduct of
    foreign affairs.
    (b) Chairperson serving concurrently as Chairman of Authority;
      length of terms; designation of alternate Chairperson
      The Chairperson shall serve on the Board while serving as
    Chairman of the Authority. Of the 2 original members of the Board
    other than the Chairperson, one shall be appointed for a 2-year
    term and one shall be appointed for a 3-year term. Thereafter, each
    member of the Board other than the Chairperson shall be appointed
    for a term of 3 years, except that an individual appointed to fill
    a vacancy occurring before the end of a term shall be appointed for
    the unexpired term of the member replaced. The Chairperson may at
    any time designate an alternate Chairperson from among the members
    of the Authority.
    (c) Vacancies
      A vacancy on the Board shall not impair the right of the
    remaining members to exercise the full powers of the Board.
    (d) Holding other Government offices or positions; compensation
      The members of the Board, other than the Chairperson, may not
    hold another office or position in the Government except as
    authorized by law, and shall receive compensation at the daily
    equivalent of the rate payable for level V of the Executive
    Schedule under section 5316 of title 5 for each day they are
    performing their duties (including traveltime).
    (e) Removal of members
      The Chairperson may remove any other Board member, upon written
    notice, for corruption, neglect of duty, malfeasance, or
    demonstrated incapacity to perform his or her functions,
    established at a hearing, except where the right to a hearing is
    waived in writing.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1006, Oct. 17, 1980, 94 Stat. 2131.)

-End-

-CITE-
    22 USC Sec. 4107                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4107. Functions of Foreign Service Labor Relations Board

-STATUTE-
    (a) General provisions
      The Board shall - 
        (1) supervise or conduct elections and determine whether a
      labor organization has been selected as the exclusive
      representative by a majority of employees who cast valid ballots
      and otherwise administer the provisions of this subchapter
      relating to the according of exclusive recognition to a labor
      organization;
        (2) resolve complaints of alleged unfair labor practices;
        (3) resolve issues relating to the obligation to bargain in
      good faith;
        (4) resolve disputes concerning the effect, the interpretation,
      or a claim of breach of a collective bargaining agreement, in
      accordance with section 4114 of this title; and
        (5) take any action considered necessary to administer
      effectively the provisions of this subchapter.
    (b) Consistency or precedence of decisions under other provisions
      of law
      Decisions of the Board under this subchapter shall be consistent
    with decisions rendered by the Authority under chapter 71 of title
    5, other than in cases in which the Board finds that special
    circumstances require otherwise. Decisions of the Board under this
    subchapter shall not be construed as precedent by the Authority, or
    any court or other authority, for any decision under chapter 71 of
    title 5.
    (c) Implementation
      In order to carry out its functions under this subchapter - 
        (1) the Board shall by regulation adopt procedures to apply in
      the administration of this subchapter; and
        (2) the Board may - 
          (A) adopt other regulations concerning its functions under
        this subchapter;
          (B) conduct appropriate inquiries wherever persons subject to
        this subchapter are located;
          (C) hold hearings;
          (D) administer oaths, take the testimony or deposition of any
        individual under oath, and issue subpenas;
          (E) require the Department or a labor organization to cease
        and desist from violations of this subchapter and require it to
        take any remedial action the Board considers appropriate to
        carry out this subchapter; and
          (F) consistent with the provisions of this subchapter,
        exercise the functions the Authority has under chapter 71 of
        title 5 to the same extent and in the same manner as is the
        case with respect to persons subject to chapter 71 of such
        title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1007, Oct. 17, 1980, 94 Stat. 2132.)

-End-

-CITE-
    22 USC Sec. 4108                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4108. Functions of General Counsel

-STATUTE-
      The General Counsel may - 
        (1) investigate alleged unfair labor practices under this
      subchapter,
        (2) file and prosecute complaints under this subchapter, and
        (3) exercise such other powers of the Board as the Board may
      prescribe.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1008, Oct. 17, 1980, 94 Stat. 2133.)

-End-

-CITE-
    22 USC Sec. 4109                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4109. Judicial review and enforcement

-STATUTE-
    (a) Persons entitled to maintain action; time of filing; venue
      Except as provided in section 4114(d) of this title, any person
    aggrieved by a final order of the Board may, during the 60-day
    period beginning on the date on which the order was issued,
    institute an action for judicial review of such order in the United
    States Court of Appeals for the District of Columbia.
    (b) Enforcement of order; temporary relief or restraining order
      The Board may petition the United States Court of Appeals for the
    District of Columbia for the enforcement of any order of the Board
    under this subchapter and for any appropriate temporary relief or
    restraining order.
    (c) Applicability of other provisions of law
      Subsection (c) of section 7123 of title 5 shall apply to judicial
    review and enforcement of actions by the Board in the same manner
    that it applies to judicial review and enforcement of actions of
    the Authority under chapter 71 of title 5.
    (d) Unfair labor practices
      The Board may, upon issuance of a complaint as provided in
    section 4116 of this title charging that any person has engaged in
    or is engaging in an unfair labor practice, petition the United
    States District Court for the District of Columbia, for appropriate
    temporary relief (including a restraining order). Upon the filing
    of the petition, the court shall cause notice thereof to be served
    upon the person, and thereupon shall have jurisdiction to grant any
    temporary relief (including a temporary restraining order) it
    considers just and proper. A court shall not grant any temporary
    relief under this section if it would interfere with the ability of
    the Department to carry out its essential functions or if the Board
    fails to establish probable cause that an unfair labor practice is
    being committed.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1009, Oct. 17, 1980, 94 Stat. 2133.)

-End-

-CITE-
    22 USC Sec. 4110                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4110. Foreign Service Impasse Disputes Panel

-STATUTE-
    (a) Establishment; composition
      There is established within the Federal Labor Relations Authority
    the Foreign Service Impasse Disputes Panel, which shall assist in
    resolving negotiating impasses arising in the course of collective
    bargaining under this subchapter. The Chairperson shall select the
    Panel from among individuals the Chairperson considers
    knowledgeable in labor-management relations or the conduct of
    foreign affairs. The Panel shall be composed of 5 members, as
    follows:
        (1) 2 members of the Service (other than a management official,
      a confidential employee, or a labor organization official);
        (2) one individual employed by the Department of Labor;
        (3) one member of the Federal Service Impasses Panel; and
        (4) one public member who does not hold any other office or
      position in the Government.

    The Chairperson of the Board shall set the terms of office for
    Panel members and determine who shall chair the Panel.
    (b) Compensation; travel expenses
      Panel members referred to in subsection (a)(3) and (4) of this
    section shall receive compensation for each day they are performing
    their duties (including traveltime) at the daily equivalent of the
    maximum rate payable for grade GS-18 of the General Schedule under
    section 5332 of title 5, except that the member who is also a
    member of the Federal Service Impasses Panel shall not be entitled
    to pay under this subsection for any day for which he or she
    receives pay under section 7119(b)(4) (!1) of title 5. Members of
    the Panel shall be entitled to travel expenses as provided under
    section 5703 of title 5.

    (c) Impasse investigation and settlement; hearings and other
      actions upon failure to settle; notice; binding nature of action
      (1) The Panel or its designee shall promptly investigate any
    impasse presented to it by a party. The Panel shall consider the
    impasse and shall either - 
        (A) recommend to the parties to the negotiation procedures for
      the resolution of the impasse; or
        (B) assist the parties in resolving the impasse through
      whatever methods and procedures, including factfinding and
      recommendations, it may consider appropriate to accomplish the
      purpose of this section.

      (2) If the parties do not arrive at a settlement after assistance
    by the Panel under paragraph (1), the Panel may - 
        (A) hold hearings;
        (B) administer oaths, take the testimony or deposition of any
      individual under oath, and issue subpenas as provided in section
      7132 of title 5; and
        (C) take whatever action is necessary and not inconsistent with
      this subchapter to resolve the impasse.

      (3) Notice of any final action of the Panel under this section
    shall be promptly served upon the parties, and the action shall be
    binding on such parties during the term of the collective
    bargaining agreement unless the parties agree otherwise.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1010, Oct. 17, 1980, 94 Stat. 2133.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7119(b)(4) of title 5, referred to in subsec. (b),
    probably means section 7119(c)(4) of Title 5, Government
    Organization and Employees.

-MISC1-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 4111                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4111. Exclusive recognition

-STATUTE-
    (a) Secret ballot election; majority vote
      The Department shall accord exclusive recognition to a labor
    organization if the organization has been selected as the
    representative, in a secret ballot election, by a majority of the
    employees in a unit who cast valid ballots in the election.
    (b) Investigation of petition; hearing; supervision of election;
      certification of results; length of time between elections
      If a petition is filed with the Board - 
        (1) by any person alleging - 
          (A) in the case of a unit for which there is no exclusive
        representative, that 30 percent of the employees in the unit
        wish to be represented for the purpose of collective bargaining
        by an exclusive representative, or
          (B) in the case of a unit for which there is an exclusive
        representative, that 30 percent of the employees in the unit
        alleged that the exclusive representative is no longer the
        representative of the majority of the employees in the unit; or

        (2) by any person seeking clarification of, or an amendment to,
      a certification then in effect or a matter relating to
      representation;

    the Board shall investigate the petition, and if it has reasonable
    cause to believe that a question of representation exists, it shall
    provide an opportunity for a hearing (for which a transcript shall
    be kept) after reasonable notice. If the Board finds on the record
    of the hearing that a question of representation exists, the Board
    shall supervise or conduct an election on the question by secret
    ballot and shall certify the results thereof. An election under
    this subsection shall not be conducted in any unit within which a
    valid election under this subsection has been held during the
    preceding 12 calendar months or with respect to which a labor
    organization has been certified as the exclusive representative
    during the preceding 24 calendar months.
    (c) Intervention of labor organizations; placement on ballot
      A labor organization which - 
        (1) has been designated by at least 10 percent of the employees
      in the unit; or
        (2) is the exclusive representative of the employees involved;

    may intervene with respect to a petition filed pursuant to
    subsection (b) of this section and shall be placed on the ballot of
    any election under subsection (b) of this section with respect to
    the petition.
    (d) Eligibility to vote; regulations; choices on ballot;
      preferential voting; certification as exclusive representative
      (1) The Board shall determine who is eligible to vote in any
    election under this section and shall establish regulations
    governing any such election, which shall include regulations
    allowing employees eligible to vote the opportunity to choose - 
        (A) from labor organizations on the ballot, that labor
      organization which the employees wish to have represent them; or
        (B) not to be represented by a labor organization.

      (2) In any election in which more than two choices are on the
    ballot, the regulations of the Board shall provide for preferential
    voting. If no choice receives a majority of first preferences, the
    Board shall distribute to the two choices having the most first
    preferences the preferences as between those two of the other valid
    ballots cast. The choice receiving a majority of preferences shall
    be declared the winner. A labor organization which is declared the
    winner of the election shall be certified by the Board as the
    exclusive representative.
    (e) Submission of required material
      A labor organization seeking exclusive recognition shall submit
    to the Board and to the Department a roster of its officers and
    representatives, a copy of its constitution and bylaws, and a
    statement of its objectives.
    (f) Grounds for denial of exclusive recognition status
      Exclusive recognition shall not be accorded to a labor
    organization - 
        (1) if the Board determines that the labor organization is
      subject to corrupt influence or influences opposed to democratic
      principles; or
        (2) in the case of a petition filed under subsection (b)(1)(A)
      of this section, if there is not credible evidence that at least
      30 percent of the employees wish to be represented for the
      purpose of collective bargaining by the labor organization
      seeking exclusive recognition.
    (g) Waiver of hearings; consent elections
      Nothing in this section shall be construed to prohibit the
    waiving of hearings by stipulation for the purpose of a consent
    election in conformity with regulations and rules or decisions of
    the Board.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1011, Oct. 17, 1980, 94 Stat. 2134.)

-End-

-CITE-
    22 USC Sec. 4112                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4112. Employees represented

-STATUTE-
      The employees of the Department shall constitute a single and
    separate worldwide bargaining unit, from which there shall be
    excluded - 
        (1) employees engaged in personnel work in other than a purely
      clerical capacity; and
        (2) employees engaged in criminal or national security
      investigations or who audit the work of individuals to insure
      that their functions are discharged honestly and with integrity.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1012, Oct. 17, 1980, 94 Stat. 2135.)

-End-

-CITE-
    22 USC Sec. 4113                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4113. Representation rights and duties

-STATUTE-
    (a) Negotiation of collective bargaining agreements;
      nondiscriminatory representation
      A labor organization which has been accorded exclusive
    recognition is the exclusive representative of, and is entitled to
    act for, and negotiate collective bargaining agreements covering,
    all employees in the unit described in section 4112 of this title.
    An exclusive representative is responsible for representing the
    interests of all employees in that unit without discrimination and
    without regard to labor organization membership.
    (b) Places of representation
      (1) An exclusive representative shall be given the opportunity to
    be represented at - 
        (A) any formal discussion between one or more representatives
      of the Department and one or more employees in the unit (or their
      representatives), concerning any grievance (as defined in section
      4131 of this title) or any personnel policy or practice or other
      general condition of employment; and
        (B) any examination of an employee by a Department
      representative in connection with an investigation if - 
          (i) the employee reasonably believes that the examination may
        result in disciplinary action against the employee, and
          (ii) the employee requests such representation.

      (2) The Department shall annually inform employees of their
    rights under paragraph (1)(B).
    (c) Duty to bargain in good faith; determination of techniques
      assisting negotiation
      The Department and the exclusive representative, through
    appropriate representatives, shall meet and negotiate in good faith
    for the purposes of arriving at a collective bargaining agreement.
    In addition, the Department and the exclusive representative may
    determine appropriate techniques, consistent with the provisions of
    section 4110 of this title, to assist in any negotiation.
    (d) Applicability to other employee rights or remedies
      The rights of an exclusive representative under this section
    shall not preclude an employee from - 
        (1) being represented by an attorney or other representative of
      the employee's own choosing, other than the exclusive
      representative, in any grievance proceeding under subchapter XI
      of this chapter; or
        (2) exercising grievance or appeal rights established by law,
      rule, or regulation.
    (e) Obligations included in good faith bargaining
      The duty of the Department and the exclusive representative to
    negotiate in good faith shall include the obligation - 
        (1) to approach the negotiations with a sincere resolve to
      reach a collective bargaining agreement;
        (2) to be represented at the negotiations by duly authorized
      representatives prepared to discuss and negotiate on any
      condition of employment;
        (3) to meet at reasonable times and convenient places as
      frequently as may be necessary and to avoid unnecessary delays;
        (4) for the Department to furnish to the exclusive
      representative, or its authorized representative, upon request
      and to the extent not prohibited by law, data - 
          (A) which is normally maintained by the Department in the
        regular course of business;
          (B) which is reasonably available and necessary for full and
        proper discussion, understanding, and negotiation of subjects
        within the scope of collective bargaining; and
          (C) which does not constitute guidance, advice, counsel, or
        training provided for management officials or confidential
        employees, relating to collective bargaining;

        (5) to negotiate jointly with respect to conditions of
      employment applicable to employees in more than one of the
      agencies authorized to utilize the Foreign Service personnel
      system, as determined by the heads of such agencies; and
        (6) if agreement is reached, to execute, upon the request of
      any party to the negotiation, a written document embodying the
      agreed terms, and to take the steps necessary to implement the
      agreement.
    (f) Approval of agreement by Secretary; effective date; binding
      effect
      (1) An agreement between the Department and the exclusive
    representative shall be subject to approval by the Secretary.
      (2) The Secretary shall approve the agreement within 30 days
    after the date of the agreement unless the Secretary finds in
    writing that the agreement is contrary to applicable law, rule, or
    regulation.
      (3) Unless the Secretary disapproves the agreement by making a
    finding under paragraph (2), the agreement shall take effect after
    30 days from its execution and shall be binding on the Department
    and the exclusive representative subject to all applicable laws,
    orders, and regulations.
    (g) Consultation by Department with exclusive representative
      The Department shall consult with the exclusive representative
    with respect to Government-wide or multiagency matters affecting
    the rights, benefits, or obligations of individuals employed in
    agencies not authorized to utilize the Foreign Service personnel
    system. The exclusive representative shall be informed of any
    change proposed by the Department with respect to such matters, and
    shall be permitted reasonable time to present its views and
    recommendations regarding such change. The Department shall
    consider the views and recommendations of the exclusive
    representative before taking final action on any such change, and
    shall provide the exclusive representative a written statement of
    the reasons for taking the final action.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1013, Oct. 17, 1980, 94 Stat. 2135.)

-End-

-CITE-
    22 USC Sec. 4114                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4114. Resolution of implementation disputes

-STATUTE-
    (a) Grievance procedure
      Any dispute between the Department and the exclusive
    representative concerning the effect, interpretation, or a claim of
    breach of a collective bargaining agreement shall be resolved
    through procedures negotiated by the Department and the exclusive
    representative. Any procedures negotiated under this section shall -
     
        (1) be fair and simple,
        (2) provide for expeditious processing, and
        (3) include provision for appeal to the Foreign Service
      Grievance Board by either party of any dispute not satisfactorily
      settled.
    (b) Review by Foreign Service Labor Relations Board
      Either party to an appeal under subsection (a)(3) of this section
    may file with the Board an exception to the action of the Foreign
    Service Grievance Board in resolving the implementation dispute.
    If, upon review, the Board finds that the action is deficient - 
        (1) because it is contrary to any law, rule, or regulation; or
        (2) on other grounds similar to those applied by Federal courts
      in private sector labor-management relations;

    the Board may take such action and make such recommendations
    concerning the Foreign Service Grievance Board action as it
    considers necessary, consistent with applicable laws, rules, and
    regulations.
    (c) Time of filing exceptions; finality and binding nature of
      action
      If no exception to a Foreign Service Grievance Board action is
    filed under subsection (b) of this section within 30 days after
    such action is communicated to the parties, such action shall
    become final and binding and shall be implemented by the parties.
    (d) Judicial review
      Resolutions of disputes under this section shall not be subject
    to judicial review.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1014, Oct. 17, 1980, 94 Stat. 2137.)

-End-

-CITE-
    22 USC Sec. 4115                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4115. Unfair labor practices

-STATUTE-
    (a) Department of State
      It shall be an unfair labor practice for the Department - 
        (1) to interfere with, restrain, or coerce any employee in the
      exercise by the employee of any right under this subchapter;
        (2) to encourage or discourage membership in any labor
      organization by discrimination in connection with hiring, tenure,
      promotion, or other conditions of employment;
        (3) to sponsor, control, or otherwise assist any labor
      organization, other than to furnish upon request customary and
      routine services and facilities on an impartial basis to labor
      organizations having equivalent status;
        (4) to discipline or otherwise discriminate against an employee
      because the employee has filed a complaint or petition, or has
      given any information, affidavit, or testimony under this
      subchapter;
        (5) to refuse to consult or negotiate in good faith with a
      labor organization, as required under this subchapter;
        (6) to fail or refuse to cooperate in impasse procedures and
      impasse decisions, as required under this subchapter;
        (7) to enforce any rule or regulation (other than a rule or
      regulation implementing section 2302 of title 5) which is in
      conflict with an applicable collective bargaining agreement if
      the agreement was in effect before the date the rule or
      regulation was prescribed; or
        (8) to fail or refuse otherwise to comply with any provision of
      this subchapter.
    (b) Labor organizations
      It shall be an unfair labor practice for a labor organization - 
        (1) to interfere with, restrain, or coerce any employee in the
      exercise by the employee of any right under this subchapter;
        (2) to cause or attempt to cause the Department to discriminate
      against any employee in the exercise by the employee of any right
      under this subchapter;
        (3) to coerce, discipline, fine, or attempt to coerce a member
      of the labor organization as punishment or reprisal, or for the
      purpose of hindering or impeding the member's work performance or
      productivity as an employee or the discharge of the member's
      functions as an employee;
        (4) to discriminate against an employee with regard to the
      terms and conditions of membership in the labor organization on
      the basis of race, color, creed, national origin, sex, age
      preferential or nonpreferential civil service status, political
      affiliation, marital status, or handicapping condition;
        (5) to refuse to consult or negotiate in good faith with the
      Department, as required under this subchapter;
        (6) to fail or refuse to cooperate in impasse procedures and
      impasse decisions, as required under this subchapter;
        (7)(A) to call, or participate in, a strike, work stoppage, or
      slowdown, or to picket the Department in a labor-management
      dispute (except that any such picketing in the United States
      which does not interfere with the Department's operations shall
      not be an unfair labor practice); or
        (B) to condone any unfair labor practice described in
      subparagraph (A) by failing to take action to prevent or stop
      such activity;
        (8) to deny membership to any employee in the unit represented
      by the labor organization except - 
          (A) for failure to tender dues uniformly required as a
        condition of acquiring and retaining membership, or
          (B) in the exercise of disciplinary procedures consistent
        with the organization's constitution or bylaws and this
        subchapter; or

        (9) to fail or refuse otherwise to comply with any provision of
      this subchapter.
    (c) Personal views, arguments, opinions, or statements
      The expression of any personal view, argument, or opinion, or the
    making of any statement, which - 
        (1) publicizes the fact of a representational election and
      encourages employees to exercise their right to vote in such an
      election;
        (2) corrects the record with respect to any false or misleading
      statement made by any person; or
        (3) informs employees of the Government's policy relating to
      labor-management relations and representation,

    if the expression contains no threat of reprisal or force or
    promise of benefit and was not made under coercive conditions shall
    not - 
        (A) constitute an unfair labor practice under this subchapter,
      or
        (B) constitute grounds for the setting aside of any election
      conducted under this subchapter.
    (d) Election of remedies
      Issues which can properly be raised under an appeals procedure
    may not be raised as unfair labor practices prohibited under this
    section. Except for matters wherein, under section 4139(a)(2) of
    this title, an employee has an option of using the grievance
    procedure under subchapter XI of this chapter or an appeals
    procedure, issues which can be raised under section 4114 of this
    title or subchapter XI of this chapter may, in the discretion of
    the aggrieved party, be raised either under such section or
    subchapter or else raised as an unfair labor practice under this
    section, but may not be raised both under this section and under
    section 4114 of this title or subchapter XI of this chapter.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1015, Oct. 17, 1980, 94 Stat. 2137;
    Pub. L. 102-138, title I, Sec. 153(d)(2), Oct. 28, 1991, 105 Stat.
    674.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (d). Pub. L. 102-138 substituted "section
    4139(a)(2)" for "section 4139(b)".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 153(f) of Pub. L. 102-138 provided that: "The amendments
    made by this section [amending this section and sections 4131,
    4134, 4137, 4139, and 4140 of this title] shall not apply with
    respect to any grievance (within the meaning of section 1101 of the
    Act [22 U.S.C. 4131], as amended by this section) arising before
    the date of enactment of this Act [Oct. 28, 1991]."

-End-

-CITE-
    22 USC Sec. 4116                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4116. Prevention of unfair labor practices

-STATUTE-
    (a) Investigation by General Counsel; issuance of complaint;
      statement of reasons
      If the Department or labor organization is charged by any person
    with having engaged in or engaging in an unfair labor practice, the
    General Counsel shall investigate the charge and may issue and
    cause to be served upon the Department or labor organization a
    complaint. In any case in which the General Counsel does not issue
    a complaint because the charge fails to state an unfair labor
    practice, the General Counsel shall provide the person making the
    charge a written statement of the reasons for not issuing a
    complaint.
    (b) Notice in complaint
      Any complaint under subsection (a) of this section shall contain
    a notice - 
        (1) of the charge;
        (2) that a hearing will be held before the Board (or any member
      thereof or before an individual employed by the Board and
      designated for such purpose); and
        (3) of the time and place fixed for the hearing.
    (c) Answer; personal appearance
      The labor organization or Department involved shall have the
    right to file an answer to the original and any amended complaint
    and to appear in person or otherwise and give testimony at the time
    and place fixed in the complaint for the hearing.
    (d) Time of filing of charges
      (1) Except as provided in paragraph (2), no complaint shall be
    issued based on any alleged unfair labor practice which occurred
    more than 6 months before the filing of the charge with the Board.
      (2) If the General Counsel determines that the person filing any
    charge was prevented from filing the charge during the 6-month
    period referred to in paragraph (1) by reason of - 
        (A) any failure of the Department or labor organization against
      which the charge is made to perform a duty owed to the person, or
        (B) any concealment which prevented discovery of the alleged
      unfair labor practice during the 6-month period,

    the General Counsel may issue a complaint based on the charge if
    the charge was filed during the 6-month period beginning on the day
    of the discovery by the person of the alleged unfair labor
    practice.
    (e) Regulations providing for resolution through informal methods
      The General Counsel may prescribe regulations providing for
    informal methods by which the alleged unfair labor practice may be
    resolved prior to the issuance of a complaint.
    (f) Hearing
      The Board (or any member thereof or any individual employed by
    the Board and designated for such purpose) shall conduct a hearing
    on the complaint not earlier than 5 days after the date on which
    the complaint is served. In the discretion of the individual or
    individuals conducting the hearing, any person involved may be
    allowed to intervene in the hearing and to present testimony. Any
    such hearing shall, to the extent practicable, be conducted in
    accordance with the provisions of subchapter II of chapter 5 of
    title 5, except that the parties shall not be bound by rules of
    evidence, whether statutory, common law, or adopted by a court. A
    transcript shall be kept of the hearing. After such a hearing the
    Board, in its discretion, may upon notice receive further evidence
    or hear argument.
    (g) Findings of fact relative to issuance of orders; backpay
      If the Board (or any member thereof or any individual employed by
    the Board and designated for such purpose) determines after any
    hearing on a complaint under subsection (f) of this section that
    the preponderance of the evidence received demonstrates that the
    Department or labor organization named in the complaint has engaged
    in or is engaging in an unfair labor practice, then the individual
    or individuals conducting the hearing shall state in writing their
    findings of fact and shall issue and cause to be served on the
    Department or labor organization an order - 
        (1) to cease and desist from any such unfair labor practice in
      which the Department or labor organization is engaged;
        (2) requiring the parties to renegotiate a collective
      bargaining agreement in accordance with the order of the Board
      and requiring that the agreement, as amended, be given
      retroactive effect;
        (3) requiring reinstatement of an employee with backpay in
      accordance with section 5596 of title 5; or
        (4) including any combination of the actions described in
      paragraphs (1) through (3) or such other action as will carry out
      the purpose of this subchapter.

    If any such order requires reinstatement of an employee with
    backpay, backpay may be required of the Department (as provided in
    section 5596 of title 5) or of the labor organization, as the case
    may be, which is found to have engaged in the unfair labor practice
    involved.
    (h) Findings of fact requiring dismissal of complaint
      If the individual or individuals conducting the hearing determine
    that the preponderance of the evidence received fails to
    demonstrate that the Department or labor organization named in the
    complaint has engaged in or is engaging in an unfair labor
    practice, the individual or individuals shall state in writing
    their findings of fact and shall issue an order dismissing the
    complaint.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1016, Oct. 17, 1980, 94 Stat. 2139.)

-End-

-CITE-
    22 USC Sec. 4117                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4117. Standards of conduct for labor organizations

-STATUTE-
    (a) Freedom from corrupt influences and influences opposed to basic
      democratic principles
      The Department shall accord recognition only to a labor
    organization that is free from corrupt influences and influences
    opposed to basic democratic principles. Except as provided in
    subsection (b) of this section, an organization is not required to
    prove that it is free from such influences if it is subject to a
    governing requirement adopted by the organization or by a national
    or international labor organization or federation of labor
    organizations with which it is affiliated, or in which it
    participates, containing explicit and detailed provisions to which
    it subscribes calling for - 
        (1) the maintenance of democratic procedures and practices,
      including - 
          (A) provisions for periodic elections to be conducted subject
        to recognized safeguards, and
          (B) provisions defining and securing the right of individual
        members to participate in the affairs of the organization, to
        receive fair and equal treatment under the governing rules of
        the organization, and to receive fair process in disciplinary
        proceedings;

        (2) the exclusion from office in the organization of persons
      affiliated with Communist or other totalitarian movements and
      persons identified with corrupt influences;
        (3) the prohibition of business or financial interests on the
      part of organization officers and agents which conflict with
      their duty to the organization and its members; and
        (4) the maintenance of fiscal integrity in the conduct of the
      affairs of the organization, including provisions for accounting
      and financial controls and regular financial reports or summaries
      to be made available to members.
    (b) Furnishing of information
      A labor organization may be required to furnish evidence of its
    freedom from corrupt influences opposed to basic democratic
    principles if there is reasonable cause to believe that - 
        (1) the organization has been suspended or expelled from, or is
      subject to other sanction by, a parent labor organization, or
      federation of organizations with which it has been affiliated,
      because it has demonstrated an unwillingness or inability to
      comply with governing requirements comparable in purpose to those
      required by subsection (a) of this section; or
        (2) the organization is in fact subject to influences that
      would preclude recognition under this subchapter.
    (c) Reports; bonding of officials and other employees; compliance
      with trusteeship and election standards
      A labor organization which has or seeks recognition as a
    representative of employees under this subchapter shall file
    financial and other reports with the Assistant Secretary of Labor
    for Labor Management Relations, provide for bonding of officials
    and others employed by the organization, and comply with
    trusteeship and election standards.
    (d) Regulations; filing of complaints; cease and desist orders
      The Assistant Secretary of Labor shall prescribe such regulations
    as are necessary to carry out this section. Such regulations shall
    conform generally to the principles applied to labor organizations
    in the private sector. Complaints of violations of this section
    shall be filed with the Assistant Secretary. In any matter arising
    under this section, the Assistant Secretary may require a labor
    organization to cease and desist from violations of this section
    and require it to take such actions as the Assistant Secretary
    considers appropriate to carry out the policies of this section.
    (e) Participation in labor organizations restricted
      (1) Notwithstanding any other provision of this subchapter - 
        (A) participation in the management of a labor organization for
      purposes of collective bargaining or acting as a representative
      of a labor organization for such purposes is prohibited under
      this subchapter - 
          (i) on the part of any management official or confidential
        employee;
          (ii) on the part of any individual who has served as a
        management official or confidential employee during the
        preceding two years; or
          (iii) on the part of any other employee if the participation
        or activity would result in a conflict of interest or apparent
        conflict of interest or would otherwise be incompatible with
        law or with the official functions of such employee; and

        (B) service as a management official or confidential employee
      is prohibited on the part of any individual having participated
      in the management of a labor organization for purposes of
      collective bargaining or having acted as a representative of a
      labor organization during the preceding two years.

      (2) For the purposes of paragraph (1)(A)(ii) and paragraph
    (1)(B), the term "management official" does not include - 
        (A) any chief of mission;
        (B) any principal officer or deputy principal officer;
        (C) any administrative or personnel officer abroad; or
        (D) any individual described in section 4102(12)(B), (C), or
      (D) of this title who is not involved in the administration of
      this subchapter or in the formulation of the personnel policies
      and programs of the Department.
    (f) Willful and intentional violations
      If the Board finds that any labor organization has willfully and
    intentionally violated section 4115(b)(7) of this title by omission
    or commission with regard to any strike, work stoppage, slowdown,
    the Board shall - 
        (1) revoke the exclusive recognition status of the labor
      organization, which shall then immediately cease to be legally
      entitled and obligated to represent employees in the unit; or
        (2) take any other appropriate disciplinary action.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1017, Oct. 17, 1980, 94 Stat. 2140;
    Pub. L. 103-236, title I, Sec. 171, Apr. 30, 1994, 108 Stat. 411;
    Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2315, Oct.
    21, 1998, 112 Stat. 2681-828.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (e)(2). Pub. L. 105-277 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "For the
    purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term
    'management official' shall not include chiefs of mission,
    principal officers and their deputies, and administrative and
    personnel officers abroad."
      1994 - Subsec. (e). Pub. L. 103-236 amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "This
    subchapter does not authorize participation in the management of a
    labor organization or acting as a representative of a labor
    organization by a management official, a confidential employee, or
    any other employee if the participation or activity would result in
    a conflict or apparent conflict of interest or would otherwise be
    incompatible with law or with the official functions of such
    management official or such employee."

-End-

-CITE-
    22 USC Sec. 4118                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-
    Sec. 4118. Administrative provisions

-STATUTE-
    (a) Assignment for deduction of dues
      If the Department has received from any individual a written
    assignment which authorizes the Department to deduct from the
    salary of that individual amounts for the payment of regular and
    periodic dues of the exclusive representative, the Department shall
    honor the assignment. Any such assignment shall be made at no cost
    to the exclusive representative or the individual. Except as
    provided in subsection (b) of this section, any such assignment may
    not be revoked for a period of one year from its execution.
    (b) Termination of assignment for deduction of dues
      An assignment for deduction of dues shall terminate when - 
        (1) the labor organization ceases to be the exclusive
      representative;
        (2) the individual ceases to receive a salary from the
      Department as a member of the Service; or
        (3) the individual is suspended or expelled from membership in
      the exclusive representative.
    (c) Negotiations with uncertified labor organizations
      During any period when no labor organization is certified as the
    exclusive representative of employees in the Department, the
    Department shall have the duty to negotiate with a labor
    organization which has filed a petition under section 4111(b)(1)(A)
    of this title alleging that 10 percent of the employees in the
    Department have membership in the organization if the Board has
    determined that the petition is valid. Negotiations under this
    subsection shall be concerned solely with the deduction of dues of
    the labor organization from the salary of the individuals who are
    members of the labor organization and who make a voluntary
    allotment for that purpose. Any agreement between the Department
    and a labor organization under this subsection shall terminate upon
    the certification of an exclusive representative of any employees
    to whom the agreement applies.
    (d) Official time usage
      The following provisions shall apply to the use of official time:
        (1) Any employee representing an exclusive representative in
      the negotiation of a collective bargaining agreement under this
      subchapter shall be authorized official time for such purposes,
      including attendance at impasse proceedings, during the time the
      employee otherwise would be in a duty status. The number of
      employees for whom official time is authorized under this
      paragraph shall not exceed the number of individuals designated
      as representing the Department for such purposes.
        (2) Any activities performed by any employee relating to the
      internal business of the labor organization, including the
      solicitation of membership, elections of labor organization
      officials, and collection of dues, shall be performed during the
      time the employee is in a nonduty status.
        (3) Except as provided in paragraph (1), the Board shall
      determine whether any employee participating for, or on behalf
      of, a labor organization in any phase of proceedings before the
      Board shall be authorized official time for such purpose during
      the time the employee would otherwise be in a duty status.
        (4) Except as provided in paragraphs (1), (2), and (3), any
      employee representing an exclusive representative, or engaged in
      any other matter covered by this subchapter, shall be granted
      official time in any amount the Department and the exclusive
      representative agree to be reasonable, necessary, and in the
      public interest.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1018, Oct. 17, 1980, 94 Stat. 2141.)

-End-

-CITE-
    22 USC SUBCHAPTER XI - GRIEVANCES                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
                        SUBCHAPTER XI - GRIEVANCES                    

-End-

-CITE-
    22 USC Sec. 4131                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4131. Definitions and applicability

-STATUTE-
      (a)(1) Except as provided in subsection (b) of this section, for
    purposes of this subchapter, the term "grievance" means any act,
    omission, or condition subject to the control of the Secretary
    which is alleged to deprive a member of the Service who is a
    citizen of the United States (other than a United States citizen
    employed under section 3951 of this title who is not a family
    member) of a right or benefit authorized by law or regulation or
    which is otherwise a source of concern or dissatisfaction to the
    member, including - 
        (A) separation of the member allegedly contrary to laws or
      regulations, or predicated upon alleged inaccuracy, omission,
      error, or falsely prejudicial character of information in any
      part of the official personnel record of the member;
        (B) other alleged violation, misinterpretation, or
      misapplication of applicable laws, regulations, or published
      policy affecting the terms and conditions of the employment or
      career status of the member;
        (C) allegedly wrongful disciplinary action against the member;
        (D) dissatisfaction with respect to the working environment of
      the member;
        (E) alleged inaccuracy, omission, error, or falsely prejudicial
      character of information in the official personnel record of the
      member which is or could be prejudicial to the member;
        (F) action alleged to be in the nature of reprisal or other
      interference with freedom of action in connection with
      participation by the member in procedures under this subchapter;
        (G) alleged denial of an allowance, premium pay, or other
      financial benefit to which the member claims entitlement under
      applicable laws or regulations; and
        (H) any discrimination prohibited by - 
          (i) section 2000e-16 of title 42,
          (ii) section 206(d) of title 29,
          (iii) section 791 of title 29,
          (iv) sections 631 and 633a of title 29, or
          (v) any rule, regulation, or policy directive prescribed
        under any provision of law described in clauses (i) through
        (iv).

      (2) The scope of grievances described in paragraph (1) may be
    modified by written agreement between the Department and the labor
    organization accorded recognition as the exclusive representative
    under subchapter X of this chapter (hereinafter in this subchapter
    referred to as the "exclusive representative").
      (b) For purposes of this subchapter, the term "grievance" does
    not include - 
        (1) an individual assignment of a member under subchapter V of
      this chapter, other than an assignment alleged to be contrary to
      law or regulation;
        (2) the judgment of a selection board established under section
      4002 of this title, a tenure board established under section
      3946(b) of this title, or any other equivalent body established
      by laws or regulations which similarly evaluates the performance
      of members of the Service on a comparative basis;
        (3) the expiration of a limited appointment, the termination of
      a limited appointment under section 4011 of this title, or the
      denial of a limited career extension or of a renewal of a limited
      career extension under section 4007(b) of this title; or
        (4) any complaint or appeal where a specific statutory hearing
      procedure exists, except as provided in section 4139(a)(2) of
      this title.

    Nothing in this subsection shall exclude any act, omission, or
    condition alleged to violate any law, rule, regulation, or policy
    directive referred to in subsection (a)(1)(H) of this section from
    such term.
      (c) This subchapter applies only with respect to the Department
    of State, Broadcasting (!1) Board of Governors, the Agency for
    International Development, the Department of Agriculture, and the
    Department of Commerce.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1101, Oct. 17, 1980, 94 Stat. 2142;
    Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
    291; Pub. L. 102-138, title I, Sec. 153(a), Oct. 28, 1991, 105
    Stat. 673; Pub. L. 103-236, title I, Secs. 180(a)(10),
    181(a)(4)(A), Apr. 30, 1994, 108 Stat. 416, 417; Pub. L. 105-277,
    div. G, subdiv. A, title XIII, Sec. 1335(k)(4), title XIV, Sec.
    1422(b)(4)(D), Oct. 21, 1998, 112 Stat. 2681-789, 2681-793.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-277, Sec. 1422(b)(4)(D),
    substituted "Agency for International Development" for "United
    States International Development Cooperation Agency".
      Pub. L. 105-277, Sec. 1335(k)(4), substituted "Broadcasting Board
    of Governors," for "the United States Information Agency,".
      1994 - Subsec. (a)(1). Pub. L. 103-236, Sec. 180(a)(10), inserted
    "(other than a United States citizen employed under section 3951 of
    this title who is not a family member)" after "citizen of the
    United States" in introductory provisions.
      Subsec. (b)(3). Pub. L. 103-236, Sec. 181(a)(4), made technical
    amendment to reference to section 4011 of this title to reflect
    renumbering of corresponding section of original act.
      1991 - Subsec. (a)(1)(H). Pub. L. 102-138, Sec. 153(a)(1), added
    subpar. (H).
      Subsec. (b). Pub. L. 102-138, Sec. 153(a)(2), in par. (4),
    substituted "section 4139(a)(2)" for "section 4139(b)" and inserted
    at end "Nothing in this subsection shall exclude any act, omission,
    or condition alleged to violate any law, rule, regulation, or
    policy directive referred to in subsection (a)(1)(H) of this
    section from such term."

-CHANGE-
                              CHANGE OF NAME                          
      "United States Information Agency" substituted for "International
    Communication Agency" in subsec. (c), pursuant to section 303(b) of
    Pub. L. 97-241, set out as a note under section 1461 of this title.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 1335(k)(4) of Pub. L. 105-277 effective Oct.
    1, 1999, see section 1301 of Pub. L. 105-277, set out as an
    Effective Date note under section 6531 of this title.
      Amendment by section 1422(b)(4)(D) of Pub. L. 105-277 effective
    Apr. 1, 1999, see section 1401 of Pub. L. 105-277, set out as an
    Effective Date note under section 6561 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-138 not applicable with respect to any
    grievance, within the meaning of this section, arising before Oct.
    28, 1991, see section 153(f) of Pub. L. 102-138, set out as a note
    under section 4115 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "the Broadcasting".

-End-

-CITE-
    22 USC Sec. 4132                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4132. Grievances concerning former members or their survivors

-STATUTE-
      Within the time limitations of section 4134 of this title, a
    former member of the Service or the surviving spouse (or, if none,
    another member of the family) of a deceased member or former member
    of the Service may file a grievance under this subchapter only with
    respect to allegations described in section 4131(a)(1)(G) of this
    title.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1102, Oct. 17, 1980, 94 Stat. 2143.)

-End-

-CITE-
    22 USC Sec. 4133                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4133. Freedom of action

-STATUTE-
    (a) Nature of protection
      Any individual filing a grievance under this subchapter
    (hereinafter in this subchapter referred to as the "grievant"), and
    any witness, labor organization, or other person involved in a
    grievance proceeding, shall be free from any restraint,
    interference, coercion, harassment, discrimination, or reprisal in
    those proceedings or by virtue of them.
    (b) Right to representation
      (1) The grievant has the right to a representative of his or her
    own choosing at every stage of the proceedings under this
    subchapter.
      (2) In any case where the grievant is a member of a bargaining
    unit represented by an exclusive representative, but is not
    represented in the grievance by that exclusive representative, the
    exclusive representative shall have the right to appear during the
    grievance proceedings.
      (3) The grievant, and any representative of the grievant who is a
    member of the Service or employee of the Department, shall be
    granted reasonable periods of administrative leave to prepare and
    present the grievance and to attend proceedings under this
    subchapter.
    (c) Administrative leave for witnesses
      Any witness who is a member of the Service or employee of the
    Department shall be granted reasonable periods of administrative
    leave to appear and testify at any proceedings under this
    subchapter.
    (d) Records
      (1) No record of - 
        (A) a determination by the Secretary to reject a recommendation
      of the Foreign Service Grievance Board,
        (B) a finding by the Grievance Board against the grievant, or
        (C) the fact that a grievance proceeding is pending or has been
      held,

    shall be entered in the personnel records of the grievant (except
    by order of the Grievance Board as a remedy for the grievance) or
    those of any other individual connected with the grievance. Nothing
    in this subsection shall prevent a grievant from placing a rebuttal
    to accompany a record of disciplinary action in such grievant's
    personnel records nor prevent the Department from including a
    response to such rebuttal, including documenting those cases in
    which the Board has reviewed and upheld the discipline.
      (2) The Department shall maintain records pertaining to
    grievances under appropriate safeguards to preserve
    confidentiality.
      (3) The Foreign Service Grievance Board may enforce compliance
    with the requirements of paragraphs (1) and (2).
    (e) Expedition of security clearance procedures
      The Department will use its best endeavors to expedite security
    clearance procedures whenever necessary to assure a fair and prompt
    resolution of a grievance.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1103, Oct. 17, 1980, 94 Stat. 2143;
    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    329], Nov. 29, 1999, 113 Stat. 1536, 1501A-438.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (d)(1). Pub. L. 106-113 inserted at end "Nothing
    in this subsection shall prevent a grievant from placing a rebuttal
    to accompany a record of disciplinary action in such grievant's
    personnel records nor prevent the Department from including a
    response to such rebuttal, including documenting those cases in
    which the Board has reviewed and upheld the discipline."

-End-

-CITE-
    22 USC Sec. 4134                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4134. Time limitations

-STATUTE-
    (a) Limitations period
      A grievance is forever barred under this subchapter unless it is
    filed with the Department not later than two years after the
    occurrence giving rise to the grievance or, in the case of a
    grievance with respect to the grievant's rater or reviewer, one
    year after the date on which the grievant ceased to be subject to
    rating or review by that person, but in no case more than three
    years after the occurrence giving rise to the grievance. There
    shall be excluded from the computation of any such period any time
    during which, as determined by the Foreign Service Grievance Board,
    the grievant was unaware of the grounds for the grievance and could
    not have discovered such grounds through reasonable diligence.
    (b) Failure of Department to resolve grievance; grievance filed
      with Foreign Service Grievance Board
      If a grievance is not resolved under Department procedures (which
    have been negotiated with the exclusive representative, if any)
    within ninety days after it is filed with the Department, the
    grievant or the exclusive representative (on behalf of a grievant
    who is a member of the bargaining unit) shall be entitled to file a
    grievance with the Foreign Service Grievance Board for its
    consideration and resolution.
    (c) Grievances based on alleged discrimination
      (1) In applying subsection (a) of this section with respect to an
    alleged violation of a law, rule, regulation, or policy directive
    referred to in section 4131(a)(1)(H) of this title, the reference
    to "2 years" shall be deemed to read "180 days", subject to
    paragraph (2).
      (2) If the occurrence or occurrences giving rise to the grievance
    are alleged to have occurred while the grievant was assigned to a
    post abroad, the 180-day period provided for under paragraph (1)
    shall not commence until the earlier of - 
        (A) the date as of which the grievant is no longer assigned to
      such post; or
        (B) the expiration of the 18-month period beginning on the date
      of the occurrence giving rise to the grievance or the last such
      occurrence, as the case may be.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1104, Oct. 17, 1980, 94 Stat. 2144;
    Pub. L. 102-138, title I, Sec. 153(b), Oct. 28, 1991, 105 Stat.
    673; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
    Sec. 330(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438; Pub.
    L. 107-228, div. A, title III, Sec. 317, Sept. 30, 2002, 116 Stat.
    1379.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-228 substituted "but in no case
    more than three years" for "but in no case less than two years".
      1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
    title III, Sec. 330(a)], in first sentence, substituted "not later
    than two years after the occurrence giving rise to the grievance
    or, in the case of a grievance with respect to the grievant's rater
    or reviewer, one year after the date on which the grievant ceased
    to be subject to rating or review by that person, but in no case
    less than two years after the occurrence giving rise to the
    grievance." for "within a period of 3 years after the occurrence or
    occurrences giving rise to the grievance or such shorter period as
    may be agreed to by the Department and the exclusive
    representative."
      Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
    III, Sec. 330(b)], substituted " '2 years' " for " '3 years' ".
      1991 - Subsec. (a). Pub. L. 102-138, Sec. 153(b)(1), inserted
    "under this subchapter" before "unless".
      Subsec. (c). Pub. L. 102-138, Sec. 153(b)(2), added subsec. (c).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    330(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438, provided that:
    "The amendments made by this section [amending this section] shall
    take effect 180 days after the date of enactment of this Act [Nov.
    29, 1999] and shall apply to grievances which arise on or after
    such effective date."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-138 not applicable with respect to any
    grievance, within the meaning of section 4131 of this title,
    arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102-
    138, set out as a note under section 4115 of this title.

-End-

-CITE-
    22 USC Sec. 4135                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4135. Foreign Service Grievance Board

-STATUTE-
    (a) Establishment; composition
      There is established the Foreign Service Grievance Board
    (hereinafter in this subchapter referred to as the "Board"). The
    Board shall consist of no fewer than 5 members who shall be
    independent, distinguished citizens of the United States, well
    known for their integrity, who are not employees of the Department
    or members of the Service.
    (b) Appointment and selection of nominees; length of terms;
      vacancies
      The Chairperson and other members of the Board shall be appointed
    by the Secretary of State, from nominees approved in writing by the
    agencies to which this subchapter applies and the exclusive
    representative (if any) for each such agency. Each member of the
    Board shall be appointed for a term of 2 years, subject to renewal
    with the same written approvals required for initial appointment.
    In the event of a vacancy on the Board, an appointment for the
    unexpired term may be made by the Secretary of State in accordance
    with the procedures specified in this section. In the event of
    inability to obtain agreement on a nominee, each such agency and
    exclusive representative shall select 2 nominees and shall, in an
    order determined by lot, in turn strike a name from a list of such
    nominees until only one name remains. For purposes of this section,
    the nominee whose name remains shall be deemed to be approved in
    writing by each such agency head and exclusive representative.
    (c) Compensation
      Members of the Board who are not employees of the Government
    shall be paid for each day they are performing their duties
    (including traveltime) at the daily equivalent of the maximum rate
    payable for grade GS-18 of the General Schedule under section 5332
    of title 5.
    (d) Removal
      The Secretary of State may, upon written notice, remove a Board
    member for corruption, neglect of duty, malfeasance, or
    demonstrated incapacity to perform his or her functions,
    established at a hearing (unless the right to a hearing is waived
    in writing by the Board member).
    (e) Administrative services; payment of expenses; assignment as
      staff employees of Board; performance evaluation reports; records
      The Board may obtain facilities, services, and supplies through
    the general administrative services of the Department of State. All
    expenses of the Board, including necessary costs of the travel and
    travel-related expenses of a grievant, shall be paid out of funds
    appropriated to the Department for obligation and expenditure by
    the Board. At the request of the Board, employees of the Department
    and members of the Service may be assigned as staff employees for
    the Board. Within the limits of appropriated funds, the Board may
    appoint and fix the compensation of such other employees as the
    Board considers necessary to carry out its functions. The
    individuals so appointed or assigned shall be responsible solely to
    the Board, and the Board shall prepare the performance evaluation
    reports for such individuals. The records of the Board shall be
    maintained by the Board and shall be separate from all other
    records of the Department of State under appropriate safeguards to
    preserve confidentiality.
    (f) Report
      (1) Not later than March 1 of each year, the Chairman of the
    Foreign Service Grievance Board shall prepare a report summarizing
    the activities of the Board during the previous calendar year. The
    report shall include - 
        (A) the number of cases filed;
        (B) the types of cases filed;
        (C) the number of cases on which a final decision was reached,
      as well as data on the outcome of cases, whether affirmed,
      reversed, settled, withdrawn, or dismissed;
        (D) the number of oral hearings conducted and the length of
      each such hearing;
        (E) the number of instances in which interim relief was granted
      by the Board; and
        (F) data on the average time for consideration of a grievance,
      from the time of filing to a decision of the Board.

      (2) The report required under paragraph (1) shall be submitted to
    the Director General of the Foreign Service and the Committee on
    Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1105, Oct. 17, 1980, 94 Stat. 2144;
    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.
    331], Nov. 29, 1999, 113 Stat. 1536, 1501A-439.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (f). Pub. L. 106-113 added subsec. (f).

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    22 USC Sec. 4136                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4136. Foreign Service Grievance Board procedures

-STATUTE-
      The Board may adopt regulations concerning its organization and
    procedures. Such regulations shall include provision for the
    following:
        (1) The Board shall conduct a hearing at the request of a
      grievant in any case which involves - 
          (A) disciplinary action or the retirement of a grievant from
        the Service under section 4007 or 4008 of this title, or
          (B) issues which, in the judgment of the Board, can best be
        resolved by a hearing or presentation of oral argument.

        (2) The grievant, the representatives of the grievant, the
      exclusive representative (if the grievant is a member of the
      bargaining unit represented by the exclusive representative), and
      the representatives of the Department are entitled to be present
      at the hearing. The Board may, after considering the views of the
      parties and any other individuals connected with the grievance,
      decide that a hearing should be open to others. Testimony at a
      hearing shall be given under oath, which any Board member or
      individual designated by the Board shall have authority to
      administer.
        (3) Each party (including an exclusive representative appearing
      in the proceedings) shall be entitled to examine and cross-
      examine witnesses at the hearing or by deposition and to serve
      interrogatories upon another party and have such interrogatories
      answered by the other party unless the Board finds such
      interrogatory irrelevant, immaterial, or unduly repetitive. Upon
      request of the Board, or upon a request of the grievant deemed
      relevant and material by the Board, an agency shall promptly make
      available at the hearing or by deposition any witness under its
      control, supervision, or responsibility, except that if the Board
      determines that the presence of such witness at the hearing is
      required for just resolution of the grievance, then the witness
      shall be made available at the hearing, with necessary costs and
      travel expenses paid by the Department.
        (4) During any hearing held by the Board, any oral or
      documentary evidence may be received, but the Board shall exclude
      any irrelevant, immaterial, or unduly repetitious evidence, as
      determined under section 556 of title 5.
        (5) A verbatim transcript shall be made of any hearing and
      shall be part of the record of proceedings.
        (6) In those grievances in which the Board does not hold a
      hearing, the Board shall afford to each party the opportunity to
      review and to supplement, by written submissions, the record of
      proceedings prior to the decision by the Board. The decision of
      the Board shall be based exclusively on the record of
      proceedings.
        (7) The Board may act by or through panels or individual
      members designated by the Chairperson, except that hearings
      within the continental United States shall be held by panels of
      at least three members unless the parties agree otherwise.
      References in this subchapter to the Board shall be considered to
      be references to a panel or member of the Board where
      appropriate. All members of the Board shall act as impartial
      individuals in considering grievances.
        (8) If the Board determines that the Department is considering
      the involuntary separation of the grievant (other than an
      involuntary separation for cause under section 4010(a) of this
      title), disciplinary action against the grievant, or recovery
      from the grievant of alleged overpayment of salary, expenses, or
      allowances, which is related to a grievance pending before the
      Board and that such action should be suspended, the Department
      shall suspend such action until the date which is one year after
      such determination or until the Board has ruled upon the
      grievance, whichever comes first. The Board shall extend the one-
      year limitation under the preceding sentence and the Department
      shall continue to suspend such action, if the Board determines
      that the agency or the Board is responsible for the delay in the
      resolution of the grievance. The Board may also extend the 1-year
      limit if it determines that the delay is due to the complexity of
      the case, the unavailability of witnesses or to circumstances
      beyond the control of the agency, the Board or the grievant.
      Notwithstanding such suspension of action, the head of the agency
      concerned or a chief of mission or principal officer may exclude
      the grievant from official premises or from the performance of
      specified functions when such exclusion is determined in writing
      to be essential to the functioning of the post or office to which
      the grievant is assigned.
        (9) The Board may reconsider any decision upon presentation of
      newly discovered or previously unavailable material evidence.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1106, Oct. 17, 1980, 94 Stat. 2145;
    Pub. L. 101-167, title V, Sec. 586(a), Nov. 21, 1989, 103 Stat.
    1252; Pub. L. 102-138, title I, Sec. 143(b), Oct. 28, 1991, 105
    Stat. 668; Pub. L. 103-236, title I, Secs. 177(a), 181(a)(4)(B),
    Apr. 30, 1994, 108 Stat. 414, 417; Pub. L. 107-228, div. A, title
    III, Sec. 314(b), Sept. 30, 2002, 116 Stat. 1379; Pub. L. 109-140,
    Sec. 5, Dec. 22, 2005, 119 Stat. 2652.)

-MISC1-
                                AMENDMENTS                            
      2005 - Par. (8). Pub. L. 109-140 inserted "the involuntary
    separation of the grievant (other than an involuntary separation
    for cause under section 4010(a) of this title)," after
    "considering" and substituted "the grievant, or" for "the grievant
    or".
      2002 - Par. (8). Pub. L. 107-228, in first sentence, struck out
    "the involuntary separation of the grievant," before "disciplinary
    action" and substituted "grievant or" for "grievant, or", and
    struck out last sentence which read as follows: "Notwithstanding
    the first sentence of this paragraph, the Board's authority to
    suspend such action shall not extend to instances where the
    Secretary, or his designee, has exercised his authority under
    subsection (a)(3) of section 4010 of this title or with respect to
    any action which would delay the separation of an employee pursuant
    to a reduction in force conducted under section 4010a of this
    title."
      1994 - Par. (8). Pub. L. 103-236, Sec. 181(a)(4)(B), inserted
    before period at end "or with respect to any action which would
    delay the separation of an employee pursuant to a reduction in
    force conducted under section 4010a of this title".
      Pub. L. 103-236, Sec. 177(a), substituted "until the date which
    is one year after such determination or until the Board has ruled
    upon the grievance, whichever comes first. The Board shall extend
    the one-year limitation under the preceding sentence and the
    Department shall continue to suspend such action, if the Board
    determines that the agency or the Board is responsible for the
    delay in the resolution of the grievance. The Board may also extend
    the 1-year limit if it determines that the delay is due to the
    complexity of the case, the unavailability of witnesses or to
    circumstances beyond the control of the agency, the Board or the
    grievant." for "until the Board has ruled upon the grievance."
      1991 - Par. (8). Pub. L. 102-138 substituted "exercised his
    authority under subsection (a)(3) of section 4010 of this title"
    for "determined that there is reasonable cause to believe that a
    grievant has committed a job-related crime for which a sentence of
    imprisonment may be imposed and has taken action to suspend the
    grievant without pay pending a final resolution of the underlying
    matter".
      1989 - Par. (8). Pub. L. 101-167 inserted at end "Notwithstanding
    the first sentence of this paragraph, the Board's authority to
    suspend such action shall not extend to instances where the
    Secretary, or his designee, has determined that there is reasonable
    cause to believe that a grievant has committed a job-related crime
    for which a sentence of imprisonment may be imposed and has taken
    action to suspend the grievant without pay pending a final
    resolution of the underlying matter."

-End-

-CITE-
    22 USC Sec. 4137                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4137. Foreign Service Grievance Board decisions

-STATUTE-
    (a) Record; findings of fact and statement of reasons
      Upon completion of its proceedings, the Board shall expeditiously
    decide the grievance on the basis of the record of proceedings. In
    each case the decision of the Board shall be in writing, and shall
    include findings of fact and a statement of the reasons for the
    decision of the Board.
    (b) Authority of Department upon finding of meritorious grievance
      If the Board finds that the grievance is meritorious, the Board
    shall have the authority to direct the Department - 
        (1) to correct any official personnel record relating to the
      grievant which the Board finds to be inaccurate or erroneous, to
      have an omission, or to contain information of a falsely
      prejudicial character;
        (2) to reverse a decision denying the grievant compensation or
      any other perquisite of employment authorized by laws or
      regulations when the Board finds that such decision was
      arbitrary, capricious, or contrary to laws or regulations;
        (3) to retain in the Service a member whose separation would be
      in consequence of the matter by which the member is aggrieved;
        (4) to reinstate the grievant, and to grant the grievant back
      pay in accordance with section 5596(b)(1) of title 5;
        (5) to pay reasonable attorney fees to the grievant to the same
      extent and in the same manner as such fees may be required by the
      Merit Systems Protection Board under section 7701(g) of title 5;
      and
        (6) to take such other remedial action as may be appropriate
      under procedures agreed to by the Department and the exclusive
      representative (if any).
    (c) Finality of decisions; judicial review
      Except as provided in subsection (d) of this section, decisions
    of the Board under this subchapter shall be final, subject only to
    judicial review as provided in section 4140 of this title.
    (d) Recommendations
      (1) If the Board finds that the grievance is meritorious and that
    remedial action should be taken that relates directly to promotion,
    tenure or assignment of the grievant or to other remedial action
    not otherwise provided for in this section, or if the Board finds
    that the evidence before it warrants disciplinary action against
    any employee of the Department or member of the Service, it shall
    make an appropriate recommendation to the Secretary. The Secretary
    shall make a written decision on the recommendation of the Board
    within 30 days after receiving the recommendation. The Secretary
    shall implement the recommendation of the Board except to the
    extent that, in a decision made within that 30-day period, the
    Secretary rejects the recommendation in whole or in part on the
    basis of a determination that implementation of the recommendation
    would be contrary to law or would adversely affect the foreign
    policy or national security of the United States. If the Secretary
    rejects the recommendation in whole or in part, the decision shall
    specify the reasons for such action. Pending the decision of the
    Secretary, there shall be no ex parte communication concerning the
    grievance between the Secretary and any person involved in the
    proceedings of the Board. The Secretary shall, however, have access
    to the entire record of the proceedings of the Board.
      (2) A recommendation under paragraph (1) shall, for purposes of
    section 4140 of this title, be considered a final action upon the
    expiration of the 30-day period referred to in such paragraph,
    except to the extent that it is rejected by the Secretary by an
    appropriate written decision.
      (3)(A) If the Secretary makes a written decision under paragraph
    (1) rejecting a recommendation in whole or in part on the basis of
    a determination that implementing such recommendation would be
    contrary to law, the Secretary shall, within the 30-day period
    referred to in such paragraph - 
        (i) submit a copy of such decision to the Board; and
        (ii) request that the Board reconsider its recommendation or,
      if less than the entirety is rejected, that the Board reconsider
      the portion rejected.

      (B)(i) Within 30 days after receiving a request under
    subparagraph (A), the Board shall, after reviewing the Secretary's
    decision, make a recommendation to the Secretary either confirming,
    modifying, or vacating its original recommendation or, if less than
    the entirety was rejected, the portion involved.
      (ii) Reconsideration under this subparagraph shall be limited to
    the question of whether implementing the Board's original
    recommendation, either in whole or in part, as applicable, would be
    contrary to law.
      (C) A recommendation made under subparagraph (B) shall be
    considered a final action for purposes of section 4140 of this
    title, and shall be implemented by the Secretary.
    (e) Record of grievances; copy to committee of Congress; right of
      review
      (1) The Board shall maintain records of all grievances awarded in
    favor of the grievant in which the grievance concerns gross
    misconduct by a supervisor. Subject to paragraph (2), the Committee
    on Foreign Relations of the Senate shall be provided with a copy of
    the grievance decision whenever such a supervisor is nominated for
    any position requiring the advice and consent of the Senate and the
    Board shall provide access to the entire record of any proceedings
    of the Board concerning such a grievance decision to any Member of
    the Committee on Foreign Relations upon a request by the Chairman
    or Ranking Minority Member of such committee.
      (2)(A) Except as provided in subparagraph (B), all decisions,
    proceedings, and other records disclosed pursuant to paragraph (1)
    shall be treated as confidential and may be disclosed only to
    Committee members and appropriate staff.
      (B) Whenever material is provided to the Committee or a Member
    thereof pursuant to paragraph (1), the Board shall, at the same
    time, provide a copy of all such material to the supervisor who is
    the subject of such material.
      (C) A supervisor who is the subject of records disclosed to the
    committee (!1) pursuant to this subsection shall have the right to
    review such record and provide comments to the Committee concerning
    such record. Such comments shall be treated in a confidential
    manner.

    (f) Alleged discrimination; substantive law to be applied
      The Board shall, with respect to any grievance based on an
    alleged violation of a law, rule, regulation, or policy directive
    referred to in section 4131(a)(1)(H) of this title, apply the
    substantive law that would be applied by the Equal Employment
    Opportunity Commission if a charge or claim alleging discrimination
    under such law, rule, regulation, or policy directive had been
    filed with the commission.(!1)

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1107, Oct. 17, 1980, 94 Stat. 2146;
    Pub. L. 100-204, title I, Secs. 181(a), (b), 182, Dec. 22, 1987,
    101 Stat. 1363, 1364; Pub. L. 102-138, title I, Sec. 153(c), Oct.
    28, 1991, 105 Stat. 673.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (f). Pub. L. 102-138 added subsec. (f).
      1987 - Subsec. (d). Pub. L. 100-204, Sec. 181(a), (b), designated
    existing provisions as par. (1), inserted ", tenure" after
    "promotion" in first sentence, and added pars. (2) and (3).
      Subsec. (e). Pub. L. 100-204, Sec. 182, added subsec. (e).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-138 not applicable with respect to any
    grievance, within the meaning of section 4131 of this title,
    arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102-
    138, set out as a note under section 4115 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-204 not applicable with respect to any
    grievance in which the Board has issued a final decision pursuant
    to this section before Dec. 22, 1987, see section 181(e) of Pub. L.
    100-204, set out as a note under section 3946 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    22 USC Sec. 4138                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4138. Access to records

-STATUTE-
    (a) Review by Foreign Service Grievance Board of decision denying
      access
      If a grievant is denied access to any agency record prior to or
    during the consideration of the grievance by the Department, the
    grievant may raise such denial before the Board in connection with
    the grievance.
    (b) Access by Foreign Service Grievance Board; relevant and
      material records; adverse effect on national security or foreign
      policy
      In considering a grievance, the Board shall have access to any
    agency record as follows:
        (1)(A) The Board shall request access to any agency record
      which the grievant requests to substantiate the grievance if the
      Board determines that such record may be relevant and material to
      the grievance.
        (B) The Board may request access to any other agency record
      which the Board determines may be relevant and material to the
      grievance.
        (2) Any agency shall make available to the Board any agency
      record requested under paragraph (1) unless the head or deputy
      head of such agency personally certifies in writing to the Board
      that disclosure of the record to the Board and the grievant would
      adversely affect the foreign policy or national security of the
      United States or that such disclosure is prohibited by law. If
      such a certification is made with respect to any record, the
      agency shall supply to the Board a summary or extract of such
      record unless the reasons specified in the preceding sentence
      preclude such a summary or extract.
    (c) Access by grievant
      If the Board determines that an agency record, or a summary or
    extract of a record, made available to the Board under subsection
    (b) of this section is relevant and material to the grievance, the
    agency concerned shall make such record, summary, or extract, as
    the case may be, available to the grievant.
    (d) Denial of access as factor in determination of grievance
      In considering a grievance, the Board may take into account the
    fact that the grievant or the Board was denied access to an agency
    record which the Board determines is or may be relevant and
    material to the grievance.
    (e) Proceedings and decisions of Foreign Service Grievance Board
      The grievant in any case decided by the Board shall have access
    to the record of the proceedings and the decision of the Board.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1108, Oct. 17, 1980, 94 Stat. 2147.)

-End-

-CITE-
    22 USC Sec. 4139                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4139. Relationship to other remedies

-STATUTE-
      (a)(1) A grievant may not file a grievance with the Board if the
    grievant has formally requested, prior to filing a grievance, that
    the matter or matters which are the basis of the grievance be
    considered or resolved and relief be provided under another
    provision of law, regulation, or Executive order, other than under
    section 1214 or 1221 of title 5, and the matter has been carried to
    final decision under such provision on its merits or is still under
    consideration.
      (2) If a grievant is not prohibited from filing a grievance under
    paragraph (1), the grievant may file with the Board a grievance
    which is also eligible for consideration, resolution, and relief
    under chapter 12 of title 5 or a regulation or Executive order
    other than under this subchapter. An election of remedies under
    this subsection shall be final upon the acceptance of jurisdiction
    by the Board.
      (3) This subsection shall not apply to any grievance with respect
    to which subsection (b) of this section applies.
      (b)(1) With respect to a grievance based on an alleged violation
    of a law, rule, regulation, or policy directive referred to in
    section 4131(a)(1)(H) of this title, a grievant may either - 
        (A) file a grievance under this subchapter, or
        (B) initiate in writing a proceeding under another provision of
      law, regulation, or Executive order that authorizes relief,

    but not both.
      (2) A grievant shall be considered to have exercised the option
    under paragraph (1) as soon as the grievant timely either - 
        (A) files a grievance under this subchapter, or
        (B) initiates in writing a proceeding under such other
      provision of law, regulation, or Executive order.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1109, Oct. 17, 1980, 94 Stat. 2148;
    Pub. L. 101-12, Sec. 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L.
    102-138, title I, Sec. 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-138, Sec. 153(d)(1)(A), (B),
    redesignated former subsec. (a) as par. (1), redesignated former
    subsec. (b) as par. (2) of subsec. (a) and substituted "paragraph
    (1)" for "subsection (a) of this section" and "under this
    subsection" for "under this section", and added par. (3).
      Subsec. (b). Pub. L. 102-138, Sec. 153(d)(1)(C), added subsec.
    (b). Former subsec. (b) redesignated (a)(2).
      1989 - Subsec. (a). Pub. L. 101-12 substituted "1214 or 1221" for
    "1206".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-138 not applicable with respect to any
    grievance, within the meaning of section 4131 of this title,
    arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102-
    138, set out as a note under section 4115 of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
    1989, see section 11 of Pub. L. 101-12, set out as a note under
    section 1201 of Title 5, Government Organization and Employees.

-End-

-CITE-
    22 USC Sec. 4140                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI - GRIEVANCES

-HEAD-
    Sec. 4140. Judicial review

-STATUTE-
      (a) Any aggrieved party may obtain judicial review of a final
    action of the Secretary or the Board on any grievance in the
    district courts of the United States in accordance with the
    standards set forth in chapter 7 of title 5, if the request for
    judicial review is filed not later than 180 days after the final
    action of the Secretary or the Board (or in the case of an
    aggrieved party who is posted abroad at the time of the final
    action of the Secretary or the Board, if the request for judicial
    review is filed not later than 180 days after the aggrieved party's
    return to the United States). Section 706 of title 5 shall apply
    without limitation or exception. This subsection shall not apply to
    any grievance with respect to which subsection (b) of this section
    applies.
      (b)(1) For purposes of this subsection, the term "aggrieved
    party" means a grievant.
      (2) With respect to a grievance based on an alleged violation of
    a law, rule, regulation, or policy directive referred to in section
    4131(a)(1)(H) of this title, judicial review of whether the act,
    omission, or condition that is the basis of the grievance violates
    such law, rule, regulation, or policy directive may be obtained by
    an aggrieved party only if such party commences a civil action, not
    later than 90 days after such party receives notice of the final
    action of the Secretary or the Board, in an appropriate district
    court of the United States for de novo review.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1110, Oct. 17, 1980, 94 Stat. 2148;
    Pub. L. 102-138, title I, Sec. 153(e), Oct. 28, 1991, 105 Stat.
    674; Pub. L. 103-236, title I, Sec. 177(b), Apr. 30, 1994, 108
    Stat. 414.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-236 inserted before period at end
    of first sentence ", if the request for judicial review is filed
    not later than 180 days after the final action of the Secretary or
    the Board (or in the case of an aggrieved party who is posted
    abroad at the time of the final action of the Secretary or the
    Board, if the request for judicial review is filed not later than
    180 days after the aggrieved party's return to the United States)".
      1991 - Pub. L. 102-138 designated existing provisions as subsec.
    (a), inserted provision that subsec. (a) not apply to any grievance
    with respect to which subsec. (b) applies, and added subsec. (b).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-138 not applicable with respect to any
    grievance, within the meaning of section 4131 of this title,
    arising before Oct. 28, 1991, see section 153(f) of Pub. L. 102-
    138, set out as a note under section 4115 of this title.

           JUDICIAL REVIEW OF CERTAIN FOREIGN SERVICE GRIEVANCES       
      Pub. L. 101-246, title I, Sec. 152, Feb. 16, 1990, 104 Stat. 42,
    provided that: "For the purposes of judicial review under section
    1110 of the Foreign Service Act of 1980 [22 U.S.C. 4140], any
    recommendation made by the Foreign Service Grievance Board with
    respect to the tenure of a grievant which was reviewed by the
    Secretary of State before the date of enactment of the Foreign
    Relations Authorization Act, Fiscal Years 1988 and 1989 [Dec. 22,
    1987], shall be considered to be a final action of the Department
    of State, and any such recommendation shall be considered to have
    been made within the authority of the Foreign Service Grievance
    Board."

-End-

-CITE-
    22 USC SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-
           SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM       

-End-

-CITE-
    22 USC Sec. 4141                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-
    Sec. 4141. Statement of policy; objectives

-STATUTE-
    (a) Statement of policy
      Consistent with the findings of section 3901 of this title, the
    Foreign Service of the United States should be representative of
    the American people. In order to facilitate and encourage the entry
    into the Foreign Service of individuals who meet the rigorous
    requirements of the Service, while ensuring a Foreign Service
    system which reflects the cultural and ethnic diversity of the
    United States, intensive recruitment efforts are mandated. This is
    particularly true for Native Americans, African Americans, and
    Hispanic Americans, where other affirmative action and equal
    opportunity efforts have not been successful in attracting the
    ablest applicants for entry into the Foreign Service. The United
    States remains committed to equal opportunity and to a Foreign
    Service system operated on the basis of merit principles.
    (b) Objectives
      The objective of this subchapter is to strengthen and improve the
    Foreign Service of the United States through the establishment of a
    Foreign Service Internship Program. The program shall promote the
    Foreign Service as a viable and rewarding career opportunity for
    qualified individuals who reflect the cultural and ethnic diversity
    of the United States through a highly selective internship program
    for students enrolled in institutions of higher education.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1201, as added Pub. L. 101-246,
    title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 39.)

-End-

-CITE-
    22 USC Sec. 4141a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-
    Sec. 4141a. Foreign Service Internship Program

-STATUTE-
    (a) Establishment
      In consultation with the heads of other agencies utilizing the
    Foreign Service system, the Secretary of State shall establish a
    Foreign Service internship program to carry out the objectives of
    this subchapter in accordance with the provisions of this
    subchapter.
    (b) Foreign Service Internship Program
      The program shall introduce interns to the practice of diplomacy
    and the unique rewards of the Foreign Service. The program shall
    consist of three successive summer internships of not less than
    eight weeks duration in each year to be completed over the course
    of not more than four years. Special emphasis shall be given to
    preparing the intern for the Foreign Service examination process.
    In each year not less than 10 interns shall enter the program.
    (c) Eligibility to participate
      (1) Students enrolled full-time in institutions of higher
    education from groups which are underrepresented in the Foreign
    Service in terms of the cultural and ethnic diversity of the
    Foreign Service and for whom equal opportunity and affirmative
    action recruitment efforts have not been successful in achieving
    balanced representation in appointments to the Foreign Service
    shall be eligible to be interns in programs under this subchapter.
      (2) An intern shall have successfully completed not less than one
    academic year of study at an institution of higher education to be
    admitted to the program. In each succeeding year of participation
    an intern shall have completed an additional year of undergraduate
    or graduate study and shall maintain an exemplary record of
    academic achievement.
      (3) In selecting interns, the Secretary shall consider only the
    ablest students of superior ability selected on the basis of
    demonstrated achievement and exceptional promise whose academic
    records reflect the requisite standards of performance necessary
    for the Foreign Service.
    (d) Summer internships
      (1) The primary focus of the first internship shall be the study
    of international relations, the functions of the Department of
    State and other agencies which utilize the Foreign Service system,
    and the nature of the Foreign Service. The internship shall be held
    in Washington, District of Columbia, at the Department of State. As
    appropriate, the Secretary shall utilize the personnel and
    facilities of the George P. Shultz National Foreign Affairs
    Training Center.
      (2) The second internship shall be, principally, an assignment to
    a specific bureau of the Department of State. Emphasis shall be on
    providing insight into the economic and political functional areas.
      (3) The third internship shall be an assignment to a United
    States mission abroad in the political or economic area.
      (4) The first and second internships may include a detail to the
    Congress.
    (e) Administration
      The Secretary of State shall determine the academic requirements,
    other selection criteria, and standards for successful completion
    of each internship period. The Secretary shall be responsible for
    the design, implementation, and operation of the program.
    (f) Mentors
      Each intern shall be assigned a career Foreign Service officer as
    a mentor. The mentor shall act as a counselor and advisor
    throughout each summer internship and as a personal Foreign Service
    contact throughout the period of participation in the program. In
    the assignment of mentors, the Secretary shall give preference to
    Foreign Service officers who volunteer for such assignment and who
    may be role models for the interns.
    (g) Compensation
      Interns shall be compensated at a rate determined by the
    Secretary which shall not be less than the compensation of
    comparable summer interns at the Department of State. As determined
    by the Secretary, for the purposes of travel, housing, health
    insurance, and other appropriate benefits, interns shall be
    considered employees of the Foreign Service during each internship
    period.
    (h) Study of Foreign Service examination
      The Secretary of State shall study the feasibility of
    administering the Foreign Service examination in separate segments
    over several years. Not later than 180 days after February 16,
    1990, the Secretary shall submit a report summarizing the findings
    of such a study to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1202, as added Pub. L. 101-246,
    title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 40; amended Pub. L.
    107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412.)

-COD-
                               CODIFICATION                           
      February 16, 1990, referred to in subsec. (h), was in the
    original "the date of the enactment of this Act", which was
    translated as meaning the date of enactment of Pub. L. 101-246,
    which enacted this subchapter, to reflect the probable intent of
    Congress.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d)(1). Pub. L. 107-132 substituted "George P.
    Shultz National Foreign Affairs Training Center" for "Foreign
    Service Institute".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    22 USC Sec. 4141b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-
    Sec. 4141b. Report to Congress

-STATUTE-
      Together with the annual submission required under section
    3905(d)(2) (!1) of this title, the Secretary of State shall submit
    a report to the Congress concerning the implementation of the
    program established under this subchapter. Such report accompanied
    by such other information as the Secretary considers appropriate,
    shall include specific information concerning the completion rates
    of interns in the program, interns who took the Foreign Service
    examination, interns who passed the examination, former interns
    appointed to the Foreign Service, assignments of former interns,
    and the advancement of former interns through the Foreign Service
    System.(!2)

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1203, as added Pub. L. 101-246,
    title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3905(d)(2) of this title, referred to in text, was
    omitted from the Code.

-FOOTNOTE-               

    (!1) See References in Text note below.

    (!2) So in original. Probably should not be capitalized.

-End-

-CITE-
    22 USC Sec. 4141c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-
    Sec. 4141c. Authorization of appropriations

-STATUTE-
      Of the amounts authorized to be appropriated by section 101(a)(1)
    of the Foreign Relations Authorization Act, Fiscal Years 1990 and
    1991, $100,000 for the fiscal year 1990 and $150,000 for the fiscal
    year 1991 shall be available only to carry out this subchapter.
    Sums appropriated for the purposes of this subchapter are
    authorized to remain available until expended.

-SOURCE-
    (Pub. L. 96-465, title I, Sec. 1204, as added Pub. L. 101-246,
    title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 101(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Years 1990 and 1991, referred to in text, is section
    101(a)(1) of Pub. L. 101-246, title I, Feb. 16, 1990, 104 Stat. 18,
    which is not classified to the Code.

-End-

-CITE-
    22 USC SUBCHAPTER XII - TRANSITION                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
                        SUBCHAPTER XII - TRANSITION                    

-End-

-CITE-
    22 USC Sec. 4151                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4151. Pay and benefits pending conversion

-STATUTE-
      Until converted under the provisions of this subchapter, any
    individual who is in the Foreign Service before February 15, 1981,
    and is serving under an appointment as a Foreign Service officer,
    Foreign Service information officer, Foreign Service Reserve
    officer with limited or unlimited tenure, or Foreign Service staff
    officer or employee, shall be treated for purposes of salary,
    allowances, and other matters as if such individual had been
    converted under section 4152 or 4153 of this title, as the case may
    be, on February 15, 1981, except that any adjustment of salary
    under this section shall take effect - 
        (1) in the case of an individual who is in the Foreign Service
      on October 17, 1980, on the first day of the first pay period
      which begins on or after October 1, 1980, and
        (2) in the case of an individual who is appointed to the
      Foreign Service after October 17, 1980, on the date such
      appointment becomes effective.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2101, Oct. 17, 1980, 94 Stat.
    2148.)

-COD-
                               CODIFICATION                           
      "February 15, 1981" substituted in text for "the effective date
    of this Act" pursuant to section 2403 of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of this title.

-End-

-CITE-
    22 USC Sec. 4152                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4152. Conversion to Foreign Service Schedule

-STATUTE-
      (a) Not later than 120 days after February 15, 1981, the
    Secretary shall, in accordance with section 4156 of this title,
    convert to the appropriate class in the Foreign Service Schedule
    established under section 3963 of this title those individuals in
    the Foreign Service who are serving immediately before February 15,
    1981, under appointments at or below class 3 of the schedule
    established under section 412 or 414 of the Foreign Service Act of
    1946, or at any class in the schedule established under section 415
    of such Act, as - 
        (1) Foreign Service officers, or
        (2) Foreign Service Reserve officers with limited or unlimited
      tenure, and Foreign Service staff officers or employees, who the
      Secretary determines are available for worldwide assignment.

      (b) Not later than 3 years after February 15, 1981, Foreign
    Service Reserve officers and staff officers and employees who the
    Secretary determines under subsection (a)(2) of this section are
    not available for worldwide assignment shall also be converted, in
    accordance with section 4156 of this title, to the appropriate
    class in the Foreign Service Schedule established under section
    3963 of this title if - 
        (1) the Secretary certifies that there is a need for their
      services in the Foreign Service; and
        (2) they agree in writing to accept availability for worldwide
      assignment as a condition of continued employment.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2102, Oct. 17, 1980, 94 Stat.
    2148.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 412, 414 and 415 of the Foreign Service Act of 1946,
    referred to in subsec. (a), which were classified to sections 867,
    869 and 870, respectively, of this title, were repealed by Pub. L.
    96-465, title II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-COD-
                               CODIFICATION                           
      In subsecs. (a) and (b), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.

-End-

-CITE-
    22 USC Sec. 4153                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4153. Conversion to Senior Foreign Service

-STATUTE-
    (a) Criteria; application less than 120 days after effective date
      of Foreign Service Act of 1980
      Foreign Service officers and Foreign Service Reserve officers
    with limited or unlimited tenure who, immediately before February
    15, 1981, are serving under appointments at class 2 or a higher
    class of the schedule established under section 412 or 414 of the
    Foreign Service Act of 1946 may at any time within 120 days after
    such date submit to the Secretary a written request for appointment
    to the Senior Foreign Service.
    (b) Limited appointment
      Except as provided in subsection (d) of this section, if a
    request is submitted under subsection (a) of this section by a
    Foreign Service Reserve officer with limited tenure, the Secretary
    shall grant to such officer a limited appointment to the Senior
    Foreign Service in the appropriate class established under section
    3962 of this title.
    (c) Career appointment
      If a request is submitted under subsection (a) of this section by
    a Foreign Service officer or, except as provided in subsection (d)
    of this section, a Foreign Service Reserve officer with unlimited
    tenure, the Secretary shall recommend to the President a career
    appointment of such officer, by and with the advice and consent of
    the Senate, to the Senior Foreign Service in the appropriate class
    established under section 3962 of this title.
    (d) Availability for worldwide assignment
      If the Secretary determines that a Foreign Service Reserve
    officer with limited or unlimited tenure who submits a request
    under subsection (a) of this section is not available for worldwide
    assignment, an appointment under subsection (b) of this section or
    a recommendation for appointment under subsection (c) of this
    section shall be made only if - 
        (1) the Secretary certifies that there is a need for the
      services of such officer in the Senior Foreign Service; and
        (2) such officer agrees in writing to accept availability for
      worldwide assignment as a condition of continued employment.
    (e) Application more than 120 days after effective date of Foreign
      Service Act of 1980
      If a Foreign Service officer or a Foreign Service Reserve officer
    who is eligible to submit a request under subsection (a) of this
    section submits a written request for appointment to the Senior
    Foreign Service to the Secretary more than 120 days after February
    15, 1981, and before the end of the 3-year period beginning on
    February 15, 1981, the Secretary (in the case of a Foreign Service
    Reserve officer with limited tenure) may grant a limited
    appointment to, or (in the case of a Foreign Service officer or
    Foreign Service Reserve officer with unlimited tenure) may
    recommend to the President a career appointment of, the requesting
    officer to the appropriate class established under section 3962 of
    this title, subject to the conditions specified in subsection (d)
    of this section and such other conditions as the Secretary may
    prescribe consistent with the provisions of subchapter VI of this
    chapter relating to promotion into the Senior Foreign Service.
    (f) Forced conversion
      Any officer of the Foreign Service who is eligible to submit a
    request under subsection (a) of this section and - 
        (1) who does not submit a request under subsection (a) of this
      section, or
        (2) who submits such a request more than 120 days after
      February 15, 1981, and is not appointed to the Senior Foreign
      Service for any reason other than failure to meet the conditions
      specified in subsection (d) of this section,

    may not remain in the Foreign Service for more than 3 years after
    February 15, 1981. During such period, the officer shall be subject
    to the provisions of subchapters I to XI of this chapter applicable
    to members of the Senior Foreign Service, except that such officer
    shall not be eligible to compete for performance pay under section
    3965 of this title, and shall not be eligible for a limited career
    extension as described in section 4007(b) of this title. Upon
    separation from the Service, any such officer who is a participant
    in the Foreign Service Retirement and Disability System shall be
    entitled to retirement benefits on the same basis as a member
    retired from the Senior Foreign Service under section 4007(c)(1) of
    this title, and section 4009(a)(2)(B) of this title shall be deemed
    to apply to such officer.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2103, Oct. 17, 1980, 94 Stat. 2149;
    Pub. L. 98-164, title I, Sec. 128, Nov. 22, 1983, 97 Stat. 1027.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 412 and 414 of the Foreign Service Act of 1946, referred
    to in subsec. (a), which were classified to sections 867 and 869,
    respectively, of this title, were repealed by Pub. L. 96-465, title
    II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-COD-
                               CODIFICATION                           
      In subsecs. (a), (e), and (f), "February 15, 1981" substituted
    for "the effective date of this Act" and "such effective date"
    pursuant to section 2403 of Pub. L. 96-465, set out as an Effective
    Date note under section 3901 of this title.

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (f). Pub. L. 98-164 substituted provisions
    relating to applicability of sections 4007(c)(1) and 4009(a)(2)(B)
    of this title, for provisions relating to applicability of
    subchapter VIII of this chapter.

-End-

-CITE-
    22 USC Sec. 4154                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4154. Conversion from Foreign Service

-STATUTE-
    (a) Individuals serving under appointment
      In the case of any individual in the Foreign Service who,
    immediately before February 15, 1981, is serving under an
    appointment described in section 4152(a) or 4153(a) of this title
    and who is not converted under section 4152 or section 4153 of this
    title because such individual does not meet the conditions
    specified in section 4152(b) or 4153(d) of this title, the
    Secretary shall, not later than 3 years after February 15, 1981,
    provide that - 
        (1) the position such individual holds shall be subject to
      chapter 51 and subchapter III of chapter 53 of title 5;
        (2) such individual shall be appointed to such position without
      competitive examination; and
        (3) such position shall be considered to be in the competitive
      service so long as the individual continues to hold that
      position;

    except that any such individual who meets the eligibility
    requirements for the Senior Executive Service and who elects to
    join that Service shall be converted by the Secretary to the Senior
    Executive Service in the appropriate rate of basic pay established
    under section 5382 of title 5.
    (b) United States Information Agency individuals
      In the case of individuals in the Foreign Service in the United
    States Information Agency who immediately before October 17, 1980,
    are covered by a collective bargaining agreement between the Agency
    and the exclusive representative of those individuals, the 3-year
    period referred to in subsection (a) of this section shall begin on
    July 1, 1981.
    (c) Department of State security officers
      The three-year period referred to in subsection (a) of this
    section shall be extended for an additional period not to exceed
    one year from November 22, 1983, in the case of Department of State
    security officers who are members of the Service and who were
    initially ineligible for conversion under that subsection because
    they were available for worldwide assignment and there was a need
    for their services in the Service, but as to whom subsequent events
    require the services of these members (and of those later employed
    who are similarly situated) only or primarily for domestic
    functions.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2104, Oct. 17, 1980, 94 Stat. 2150;
    Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.
    291; Pub. L. 98-164, title I, Sec. 132, Nov. 22, 1983, 97 Stat.
    1028.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.
      In subsec. (c), "November 22, 1983" was in the original "the date
    of enactment of this section" which was translated as meaning the
    date of enactment of this subsection, as the probable intent of
    Congress.

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (c). Pub. L. 98-164 added subsec. (c).

-CHANGE-
                              CHANGE OF NAME                          
      "United States Information Agency" substituted for "International
    Communication Agency" in subsec. (b), pursuant to section 303(b) of
    Pub. L. 97-241, set out as a note under section 1461 of this title.
    United States Information Agency (other than Broadcasting Board of
    Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of this title.

-End-

-CITE-
    22 USC Sec. 4155                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4155. Conversion of certain positions in Department of
      Agriculture

-STATUTE-
    (a) Designation and classification of positions to be occupied;
      notice
      Not later than 15 days after February 15, 1981, the Secretary of
    Agriculture shall - 
        (1) designate and classify under section 3981 of this title
      those positions in the Foreign Agricultural Service under the
      General Schedule described in section 5332 of title 5 which the
      Secretary of Agriculture determines are to be occupied by career
      members of the Foreign Service, and
        (2) provide written notice to individuals holding those
      positions of such designation and classification of the personnel
      category under section 3903 of this title which will apply to
      such individual.
    (b) Election to convert
      Each employee serving in a position at the time it is designated
    under subsection (a) of this section shall, not later than 120 days
    after notice of such designation, elect - 
        (1) to accept conversion to the Foreign Service, in which case
      such employee shall be converted in accordance with the
      provisions of subsection (c) of this section; or
        (2) to decline conversion to the Foreign Service and have the
      provisions of subsection (d) of this section apply.
    (c) Recommendations for appointment
      (1) The Secretary of Agriculture shall recommend to the President
    for appointment to the appropriate class (as determined under
    paragraph (2)), by and with the advice and consent of the Senate,
    those employees who elect conversion under subsection (a)(1) of
    this section.
      (2) The Secretary of Agriculture shall appoint as Foreign Service
    personnel those employees who elect to accept conversion and who
    are not eligible for appointment under paragraph (1).
    (d) Results of declining to convert
      Any employee who declines conversion under subsection (b)(2) of
    this section shall for so long as that employee continues to hold
    the designated position be deemed to be a member of the Foreign
    Service for purposes of allowances, differentials, and similar
    benefits (as determined by the Secretary of Agriculture).

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2105, Oct. 17, 1980, 94 Stat.
    2150.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.

-End-

-CITE-
    22 USC Sec. 4156                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4156. Preservation of status and benefits

-STATUTE-
    (a) Conversion to class, grade, or step corresponding to level
      prior to conversion; reduction in position or salary; conversion
      from Foreign Service under section 4154 of this title
      (1) Every individual who is converted under this subchapter shall
    be converted to the class or grade and pay rate that most closely
    corresponds to the class or grade and step at which the individual
    was serving immediately before conversion. No conversion under this
    subchapter shall cause any individual to incur a reduction in his
    or her class, grade, or basic rate of salary.
      (2) An individual converted under section 4154 of this title to a
    position in the competitive service shall be entitled to have that
    position, or any other position to which the individual is
    subsequently assigned (other than at the request of the
    individual), be considered for all purposes as at the grade which
    corresponds to the class in which the individual served immediately
    before conversion so long as the individual continues to hold that
    position.
    (b) Participation in Foreign Service Retirement and Disability
      System
      (1) Any participant in the Foreign Service Retirement and
    Disability System who would, but for this paragraph, participate in
    the Civil Service Retirement and Disability System by virtue of
    conversion under this subchapter shall remain a participant in the
    Foreign Service Retirement and Disability System for 120 days after
    participation in the Foreign Service Retirement and Disability
    System would otherwise cease. During such 120-day period, the
    individual may elect in writing to continue to participate in the
    Foreign Service Retirement and Disability System instead of the
    Civil Service Retirement and Disability System so long as he or she
    is employed in an agency which is authorized to utilize the Foreign
    Service personnel system. If such an election is not made, the
    individual shall then be covered by the Civil Service Retirement
    and Disability System and contributions made by the participant to
    the Foreign Service Retirement and Disability Fund shall be
    transferred to the Civil Service Retirement and Disability Fund.
      (2) Any Foreign Service Reserve officer with limited tenure who
    has reemployment rights to a personnel category in the Foreign
    Service in which he or she would be a participant in the Foreign
    Service Retirement and Disability System and who would, but for
    this paragraph, continue to participate in the Civil Service
    Retirement and Disability System by virtue of conversion under
    section 4154 of this title may elect, during the 120-day period
    beginning on the date of such conversion, to become a participant
    in the Foreign Service Retirement and Disability System so long as
    he or she is employed in an agency which is authorized to utilize
    the Foreign Service personnel system. If such an election is made,
    the individual shall be transferred to the Foreign Service
    Retirement and Disability System and contributions made by that
    individual to the Civil Service Retirement and Disability Fund
    shall be transferred to the Foreign Service Retirement and
    Disability Fund.
    (c) Conversion to type of appointment corresponding in tenure to
      that prior to conversion
      Individuals who are converted under this subchapter shall be
    converted to the type of appointment which corresponds most closely
    in tenure to the type of appointment under which they were serving
    immediately prior to such conversion, except that this subchapter
    shall not operate to extend the duration of any limited appointment
    or previously applicable time in class.
    (d) Reappointment resulting from enactment of Foreign Service Act
      of 1980
      Any individual who on February 15, 1981, is serving - 
        (1) under an appointment in the Foreign Service, or
        (2) in any other office or position continued by this chapter,
      may continue to serve under such appointment, subject to the
      provisions of this chapter, and need not be reappointed by virtue
      of the enactment of this chapter.
    (e) Deferment of retirement provisions
      Any individual in the Foreign Service - 
        (1) who is serving under a career appointment on October 17,
      1980, and
        (2) who was not subject to section 633(a)(2) of the Foreign
      Service Act of 1946 immediately before February 15, 1981,

    may not be retired under section 4008 of this title until 10 years
    after February 15, 1981, or when such individual first becomes
    eligible for an immediate annuity under subchapter VIII of this
    chapter, whichever occurs first.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2106, Oct. 17, 1980, 94 Stat.
    2151.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d), was in the original
    "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071,
    as amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    3901 of this title and Tables.
      Section 633(a)(2) of the Foreign Service Act of 1946, referred to
    in subsec. (e)(2), which was classified to section 1003(a)(2) of
    this title, was repealed by Pub. L. 96-465, title II, Sec. 2205(1),
    Oct. 17, 1980, 94 Stat. 2159.

-COD-
                               CODIFICATION                           
      In subsecs. (d) and (e), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.

-End-

-CITE-
    22 USC Sec. 4157                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4157. Regulations

-STATUTE-
      Under the direction of the President, the Secretary shall
    prescribe regulations for the implementation of this subchapter.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2107, Oct. 17, 1980, 94 Stat.
    2152.)

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Authority of President under this section to extent necessary to
    implement provisions of section 4151 of this title, relating to pay
    and benefits pending conversion, delegated to Secretary of State,
    see section 5 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969,
    set out as a note under section 3901 of this title.

-End-

-CITE-
    22 USC Sec. 4158                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4158. Authority of other agencies

-STATUTE-
      The heads of agencies other than the Department of State which
    utilize the Foreign Service personnel system shall perform
    functions under this subchapter in accordance with regulations
    prescribed by the Secretary of State under section 4157 of this
    title. Such agency heads shall consult with the Secretary of State
    in the exercise of such functions.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2108, Oct. 17, 1980, 94 Stat.
    2152.)

-End-

-CITE-
    22 USC Sec. 4159                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XII - TRANSITION

-HEAD-
    Sec. 4159. Survivor benefits for certain former spouses

-STATUTE-
    (a) Eligible participants; election of benefits
      Any participant or former participant in the Foreign Service
    Retirement and Disability System who on February 15, 1981, has a
    former spouse may, by a spousal agreement, elect to receive a
    reduced annuity and provide a survivor annuity for such former
    spouse under section 4054(b) of this title.
    (b) Time of election
      (1) If the participant or former participant has not retired
    under such system on or before February 15, 1981, an election under
    this section may be made at any time before retirement.
      (2) If the participant or former participant has retired under
    such system on or before February 15, 1981, an election under this
    section may be made within such period after February 15, 1981, as
    the Secretary of State may prescribe.
      (3) For purposes of applying subchapter VIII of this chapter, any
    such election shall be treated the same as if it were a spousal
    agreement under section 4060(b)(1) of this title.
    (c) Portion of annuity as basis for benefits
      An election under this section may provide for a survivor benefit
    based on all or any portion of that part of the annuity of the
    participant which is not designated or committed as a base for
    survivor benefits for a spouse or any other former spouse of the
    participant. The participant and his or her spouse may make an
    election under section 4046(b)(1)(B) of this title prior to the
    time of retirement for the purpose of allowing an election to be
    made under this section.
    (d) Amount of reduction; effective date
      The amount of the reduction in the participant's annuity shall be
    determined in accordance with section 4046(b)(2) of this title.
    Such reduction shall be effective as of - 
        (1) the commencing date of the participant's annuity, in the
      case of an election under subsection (b)(1) of this section, or
        (2) February 15, 1981, in the case of an election under
      subsection (b)(2) of this section.
    (e) Definitions
      For purposes of this section, the terms "former spouse",
    "participant", and "spousal agreement" have the meanings given such
    terms in sections 4043 and 4044 of this title.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2109, Oct. 17, 1980, 94 Stat.
    2152.)

-End-

-CITE-
    22 USC SUBCHAPTER XIII - MISCELLANEOUS                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
                      SUBCHAPTER XIII - MISCELLANEOUS                  

-End-

-CITE-
    22 USC Sec. 4171                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 4171. Model foreign language competence posts

-STATUTE-
    (a) Designation of posts; time of designation and implementation;
      determination of competency standards
      In order to carry out the purposes of section 4022 of this title
    and to help ascertain the relationship between foreign language
    competence and the effectiveness of representation of the United
    States abroad, the Secretary of State shall designate as model
    foreign language competence posts at least two Foreign Service
    posts in countries where English is not the common language. Such
    designation shall be made no later than October 1, 1981, and shall
    be implemented so that no later than October 1, 1983, each
    Government employee permanently assigned to those posts shall
    possess an appropriate level of competence in the language common
    to the country where the post is located. The Secretary of State
    shall determine appropriate levels of language competence for
    employees assigned to those posts by reference to the nature of
    their functions and the standards employed by the George P. Shultz
    National Foreign Affairs Training Center.
    (b) Continuation; report to Congress concerning operation of posts
      and advantages of meeting competency requirements
      The posts designated under subsection (a) of this section shall
    continue as model foreign language competence posts at least until
    September 30, 1985. The Secretary of State shall submit no later
    than January 31, 1986, a report to the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate describing the operation of such posts and the costs,
    advantages and disadvantages associated with meeting the foreign
    language competence requirements of this section.
    (c) Exceptions; report to Congress
      The Secretary of State may authorize exceptions to the
    requirements of this section if he determines that unanticipated
    exigencies so require.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2207, Oct. 17, 1980, 94 Stat. 2163;
    Pub. L. 103-236, title I, Sec. 139(7), (25), Apr. 30, 1994, 108
    Stat. 398, 399; Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115
    Stat. 2412.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-132 substituted "George P. Shultz
    National Foreign Affairs Training Center" for "Foreign Service
    Institute".
      1994 - Subsec. (c). Pub. L. 103-236, Sec. 139(7), (25), amended
    subsec. (c) identically, striking out at end "Such exceptions shall
    be annually reported to the Speaker of the House of Representatives
    and the Committee on Foreign Relations of the Senate."

           EXPANSION OF MODEL FOREIGN LANGUAGE COMPETENCE POSTS       
      Pub. L. 101-246, title I, Sec. 161, Feb. 16, 1990, 104 Stat. 46,
    as amended by Pub. L. 101-302, title III, Sec. 320(b)(3), May 25,
    1990, 104 Stat. 247; Pub. L. 105-277, div. G, subdiv. A, title
    XXII, Sec. 2219(a)(1), Oct. 21, 1998, 112 Stat. 2681-817; Pub. L.
    107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412, provided that:
      "(a) Designation of Posts. - In order to carry out the purposes
    of section 702 of the Foreign Service Act of 1980 [22 U.S.C. 4022],
    and in light of the positive report issued on March 28, 1986, by
    the Department of State, as required by section 2207 of the Foreign
    Service Act of 1980 [22 U.S.C. 4171], the Secretary of State shall
    designate as model foreign language competence posts a minimum of
    six Foreign Service posts, representing the Department of State's
    five geographic bureaus, in countries where English is not the
    common language. Such designation shall be made not later than 120
    days after the date of enactment of this Act [Feb. 16, 1990], and
    shall be implemented so that not later than October 1, 1991, in the
    case of non-hard language posts, and October 1, 1992, in the case
    of hard language posts, each Government employee permanently
    assigned to those posts shall possess an appropriate level of
    competence in the language common to the country where the post is
    located. The Secretary of State shall determine appropriate levels
    of language competence for employees assigned to those posts by
    reference to the nature of their functions and the standards
    employed by the George P. Shultz National Foreign Affairs Training
    Center.
      "(b) 'Hard Language Country' Post To Be Designated. - At least
    one of the posts designated under subsection (a) shall be in a
    'hard language' country, as identified in the report to the Under
    Secretary of State for Management of May 12, 1986, entitled 'Hard
    Language Proficiency in the Foreign Service'. Such post shall be in
    one of the countries where the official or principal language is
    Arabic, Chinese, Japanese, or Russian.
      "(c) Termination Date. - The posts designated under subsection
    (a) shall continue as model foreign language posts at least until
    September 30, 1993, in the case of non-hard language posts, and
    September 30, 1994, in the case of hard language posts.
      "(d) Exemption Authority. - The Secretary of State may authorize
    exceptions to the requirements of this section if - 
        "(1) he determines that unanticipated exigencies so require;
      and
        "(2) he immediately reports such exceptions to the Committee on
      Foreign Relations of the Senate and the Committee on Foreign
      Affairs [now Committee on International Relations] of the House
      of Representatives.
      "(e) Excluded Posts. - The posts designated under subsection (a)
    may not include Dakar, Senegal, or Montevideo, Uruguay. The report
    required under subsection (c) shall include progress made in these
    posts in maintaining the high foreign language standards achieved
    under the initial pilot program.
      "(f) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out this
    section."

-End-

-CITE-
    22 USC Sec. 4172                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 4172. Savings provisions

-STATUTE-
    (a) Determinations, authorizations, etc., under authority of
      Foreign Service Act of 1946 and grievances, claims, or appeals
      filed and pending on effective date of this chapter
      All determinations, authorizations, regulations, orders,
    agreements, exclusive recognition of an organization or other
    actions made, issued, undertaken, entered into, or taken under the
    authority of the Foreign Service Act of 1946 or any other law
    repealed, modified, or affected by this chapter shall continue in
    full force and effect until modified, revoked, or superseded by
    appropriate authority. Any grievances, claims, or appeals which
    were filed or made under any such law and are pending resolution on
    February 15, 1981, shall continue to be governed by the provisions
    repealed, modified, or affected by this chapter.
    (b) Increase in annuity or other right to benefits
      This chapter shall not affect any increase in annuity or other
    right to benefits, which was provided by any provision amended or
    repealed by this chapter, with respect to any individual who became
    entitled to such benefit prior to February 15, 1981.
    (c) Cross references
      References in law to provisions of the Foreign Service Act of
    1946 or other law superseded by this chapter shall be deemed to
    include reference to the corresponding provisions of this chapter.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2401, Oct. 17, 1980, 94 Stat.
    2168.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Service Act of 1946, referred to in subsecs. (a) and
    (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, as
    amended, which was classified principally to chapter 14 (Sec. 801
    et seq.) of this title, and was repealed by Pub. L. 96-465, title
    II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as
    amended, known as the Foreign Service Act of 1980, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    3901 of this title and Tables.

-COD-
                               CODIFICATION                           
      In subsecs. (a) and (b), "February 15, 1981" substituted for "the
    effective date of this Act" pursuant to section 2403 of Pub. L. 96-
    465, set out as an Effective Date note under section 3901 of this
    title.

-End-

-CITE-
    22 USC Sec. 4173                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-
    Sec. 4173. Congressional oversight of implementation

-STATUTE-
    (a), (b) Repealed. Pub. L. 100-204, title I, Sec. 185(c)(2), Dec.
      22, 1987, 101 Stat. 1366
    (c) Consultation with agency representatives
      The Secretary shall consult, in accordance with the procedures
    set out in section 4113(g) of this title, with the exclusive
    representative (if any) of members of the Foreign Service in each
    agency specified in section 4103(a) of this title with respect to
    steps to be taken in implementing this chapter and reported under
    section 4001(c)(4) of this title. To that end, each such exclusive
    representative will have timely access to all relevant information
    at each stage. Each such report shall include the views of each
    such exclusive representative on any and all aspects of the report
    and the information contained in such report.

-SOURCE-
    (Pub. L. 96-465, title II, Sec. 2402, Oct. 17, 1980, 94 Stat. 2168;
    Pub. L. 100-204, title I, Sec. 185(c)(2), Dec. 22, 1987, 101 Stat.
    1366.)

-MISC1-
                                AMENDMENTS                            
      1987 - Subsecs. (a), (b). Pub. L. 100-204 struck out subsec. (a)
    which related to report by Secretary of State and its contents and
    subsec. (b) which related to annual supplemental report and its
    contents.
      Subsec. (c). Pub. L. 100-204 substituted "under section
    4001(c)(4) of this title" for "under this section".

-End-

-CITE-
    22 USC SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF
           CONSULAR OFFICERS GENERALLY                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
        SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR
                            OFFICERS GENERALLY

-COD-
                               CODIFICATION                           
      Subchapter was not enacted as a part of the Foreign Service Act
    of 1980 which comprises this chapter.

-End-

-CITE-
    22 USC Sec. 4191                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4191. General application of provisions to consular officers

-STATUTE-
      The various provisions of title 18 of the Revised Statutes which
    are expressed in terms of general application to any particular
    classes of consular officers, shall be deemed to apply as well to
    all other classes of such officers and to such other United States
    citizen employees of the Department of State as may be designated
    by the Secretary of State pursuant to such regulations as the
    Secretary may prescribe, so far as may be consistent with the
    subject matter of the same and with the treaties of the United
    States.

-SOURCE-
    (R.S. Sec. 1689; Pub. L. 105-277, div. G, subdiv. B, title XXII,
    Sec. 2222(b), Oct. 21, 1998, 112 Stat. 2681-818.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title 18 of the Revised Statutes, referred to in text, was in the
    original "this Title", meaning title 18 of the Revised Statutes,
    consisting of R.S. Secs. 1674 to 1752, and insofar as classified to
    the Code, is classified to sections 4191, 4193 to 4197, 4200, 4202,
    4204, 4205, 4207 to 4214, and 4216 to 4221 of this title. For
    complete classification of R.S. Secs. 1674 to 1752 to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      R.S. Sec. 1689 derived from act Aug. 18, 1856, ch. 127, Sec. 31,
    11 Stat. 64.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1171 of this title,
    and prior thereto to section 53 of this title.

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277 inserted "and to such other United States
    citizen employees of the Department of State as may be designated
    by the Secretary of State pursuant to such regulations as the
    Secretary may prescribe" after "such officers".

-End-

-CITE-
    22 USC Sec. 4192                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4192. Repealed.

-MISC1-
    Sec. 4192. Repealed. Pub. L. 101-246, title I, Sec. 123, Feb. 16,
      1990, 104 Stat. 27.
      Section, R.S. Sec. 4082, related to solemnization of marriages by
    consular officers of the United States in a foreign country.

-COD-
                               CODIFICATION                           
      Pub. L. 101-246, Sec. 123, which directed the repeal of section
    31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192), was
    executed as though repealing section 4082 of the Revised Statutes,
    which is classified to this section, to reflect the probable intent
    of Congress. Section 31 of the Act of June 22, 1860, was restated
    in section 4082 of the Revised Statutes and repealed by section
    5596 of the Revised Statutes.

-End-

-CITE-
    22 USC Sec. 4193                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4193. Protests

-STATUTE-
      Consuls and vice consuls shall have the right, in the ports or
    places to which they are severally appointed, of receiving the
    protests or declarations which captains, masters, crews,
    passengers, or merchants, who are citizens of the United States,
    may respectively choose to make there; and also such as any
    foreigner may choose to make before them relative to the personal
    interest of any citizen of the United States.

-SOURCE-
    (R.S. Sec. 1707; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1707 derived from act Apr. 14, 1792, ch. 24, Sec. 2, 1
    Stat. 255.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1173 of this title,
    and prior thereto to section 73 of this title.

-MISC1-
                                AMENDMENTS                            
      1948 - Act June 25, 1948, repealed second sentence relating to
    authenticated copies of consular acts received as evidence.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 38 of act June 25, 1948, provided that the amendment made
    by that act is effective Sept. 1, 1948.

-End-

-CITE-
    22 USC Sec. 4194                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4194. Lists and returns of seamen and vessels, etc.

-STATUTE-
      Every consular officer shall keep a detailed list of all seamen
    and mariners shipped and discharged by him, specifying their names
    and the names of the vessels on which they are shipped and from
    which they are discharged, and the payments, if any, made on
    account of each so discharged; also of the number of the vessels
    arrived and departed, the amounts of their registered tonnage, and
    the number of their seamen and mariners, and of those who are
    protected, and whether citizens of the United States or not, and as
    nearly as possible the nature and value of their cargoes, and where
    produced, and shall make returns of the same, with their accounts
    and other returns, to the Secretary of Commerce.

-SOURCE-
    (R.S. Sec. 1708; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829;
    Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1708 derived from act Aug. 18, 1856, ch. 127, Sec. 27,
    11 Stat. 62.
      Act Feb. 14, 1903, substituted "Secretary of Commerce and Labor"
    for "Secretary of the Treasury". Act Mar. 4, 1913, substituted
    "Secretary of Commerce" for "Secretary of Commerce and Labor".
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1174 of this title,
    and prior thereto to section 74 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Certain shipping and navigation functions of Secretary of
    Commerce transferred to Commandant of Coast Guard and Commissioner
    of Customs by Reorg. Plan No. 3 of 1946, Secs. 101 to 104, eff.
    July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, 1098 set out in the
    Appendix to Title 5, Government Organization and Employees.
      Functions of all officers of Department of the Treasury [which
    included Commandant of Coast Guard and Commissioner of Customs],
    and functions of all agencies and employees of Department,
    transferred, with certain exceptions, to Secretary of the Treasury,
    with power vested in him to authorize their performance or
    performance of any of his functions, by any of such officers,
    agencies, and employees, by Reorg. Plan No. 26 of 1950, Secs. 1, 2,
    eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the
    Appendix to Title 5. Coast Guard was generally a service in
    Department of the Treasury but such Plan excepted, from transfer,
    functions of Coast Guard, and of Commandant thereof, when Coast
    Guard was operating as a part of Navy under section 3 of Title 14,
    Coast Guard.
      Coast Guard transferred to Department of Transportation and
    functions, powers, and duties, relating to Coast Guard, of
    Secretary of the Treasury and of other offices and officers of
    Department of the Treasury transferred to Secretary of
    Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80
    Stat. 931. Section 6(b)(2) of Pub. L. 89-670, however, provided
    that notwithstanding such transfer of functions, Coast Guard shall
    operate as part of Navy in time of war or when President directs as
    provided in section 3 of Title 14. See section 108 of Title 49,
    Transportation.
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    22 USC Sec. 4195                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4195. Repealed.

-MISC1-
    Sec. 4195. Repealed. Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.
      A, title II, Sec. 234(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
      426.
      Section, R.S. Sec. 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083;
    June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; July 12,
    1940, ch. 618, 54 Stat. 758; Pub. L. 99-653, Sec. 21, Nov. 14,
    1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 8(p), Oct. 24, 1988,
    102 Stat. 2618; Pub. L. 104-316, title II, Sec. 202(i), Oct. 19,
    1996, 110 Stat. 3843, related to estates of United States citizens
    who died within or were domiciled at time of death within
    jurisdiction of consular or diplomatic officers and directed that
    Secretary of State act as conservator.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective six months after Nov. 29, 1999, see section
    1000(a)(7) [div. A, title II, Sec. 234(c)] of Pub. L. 106-113, set
    out as an Effective Date note under section 2715b of this title.

-End-

-CITE-
    22 USC Sec. 4196                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4196. Notification of death of decedent; transmission of
      inventory of effects

-STATUTE-
      For the information of the representative of the deceased, the
    consular officer, or, if no consular officer is present, a
    diplomatic officer, in the settlement of his estate shall
    immediately notify his death in one of the gazettes published in
    the consular district, and also to the Secretary of State, that the
    same may be notified in the State to which the deceased belonged;
    and he shall, as soon as may be, transmit to the Secretary of State
    an inventory of the effects of the deceased taken as before
    directed.

-SOURCE-
    (R.S. Sec. 1710; July 12, 1940, ch. 618, 54 Stat. 760.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1710 derived from act Apr. 14, 1792, ch. 24, Sec. 2, 1
    Stat. 255.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1176 of this title,
    and prior thereto to section 76 of this title.

-MISC1-
                                AMENDMENTS                            
      1940 - Act July 12, 1940, substituted "the consular officer, or,
    if no consular officer is present, a diplomatic officer," for "the
    consul or vice-consul,".

-End-

-CITE-
    22 USC Sec. 4197                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4197. Following testamentary directions; assistance to
      testamentary appointee

-STATUTE-
      When a citizen of the United States dies in a foreign country and
    leaves, by any lawful testamentary disposition, special directions
    for the custody and management, by the consular officer, or in his
    absence a diplomatic officer, within whose jurisdiction the death
    occurred, of the personal property in the foreign country which he
    possessed at the time of death, such officer shall, so far as the
    laws of the foreign country permit, strictly observe such
    directions if not contrary to the laws of the United States. If
    such citizen has named, by any lawful testamentary disposition, any
    other person than a consular officer or diplomatic officer to take
    charge of and manage such property, it shall be the duty of the
    officer, whenever required by the person so named, to give his
    official aid in whatever way may be practicable to facilitate the
    proceedings of such person in the lawful execution of his trust,
    and, so far as the laws of the country or treaty provisions permit,
    to protect the property of the deceased from any interference by
    the authorities of the country where such citizen died. To this end
    it shall be the duty of the consular officer, or if no consular
    officer is present a diplomatic officer, to safeguard the
    decedent's property by placing thereon his official seal and to
    break and remove such seal only upon the request of the person
    designated by the deceased to take charge of and manage his
    property.

-SOURCE-
    (R.S. Sec. 1711; July 12, 1940, ch. 618, 54 Stat. 760.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1711 derived from act Aug. 18, 1856, ch. 127, Sec. 28,
    11 Stat. 63.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1177 of this title,
    and prior thereto to section 77 of this title.

-MISC1-
                                AMENDMENTS                            
      1940 - Act July 12, 1940, amended section generally.

-End-

-CITE-
    22 USC Sec. 4198                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4198. Bond as administrator or guardian; action on bond

-STATUTE-
      No consular officer of the United States shall accept an
    appointment from any foreign state as administrator, guardian, or
    to any other office or trust for the settlement or conservation of
    estates of deceased persons or of their heirs or of persons under
    legal disabilities, without executing a bond, with security, to be
    approved by the Secretary of State, and in a penal sum to be fixed
    by him and in such form as he may prescribe, conditioned for the
    true and faithful performance of all his duties according to law
    and for the true and faithful accounting for delivering, and paying
    over to the persons thereto entitled of all moneys, goods, effects,
    and other property which shall come to his hands or to the hands of
    any other person to his use as such administrator, guardian, or in
    other fiduciary capacity. Said bond shall be deposited with the
    Secretary of the Treasury. In case of a breach of any such bond,
    any person injured by the failure of such officer faithfully to
    discharge the duties of his said trust according to law, may
    institute, in his own name and for his sole use, a suit upon said
    bond and thereupon recover such damages as shall be legally
    assessed, with costs of suit, for which execution may issue in due
    form; but if such party fails to recover in the suit, judgment
    shall be rendered and execution may issue against him for costs in
    favor of the defendant; and the United States shall in no case be
    liable for the same. The said bond shall remain, after any judgment
    rendered thereon, as a security for the benefit of any person
    injured by a breach of the condition of the same until the whole
    penalty has been recovered.

-SOURCE-
    (June 30, 1902, ch. 1331, Sec. 1, 32 Stat. 546.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1178 of this title,
    and prior thereto to section 78 of this title.

-End-

-CITE-
    22 USC Sec. 4199                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4199. Penalty for failure to give bond and for embezzlement

-STATUTE-
      Every consular officer who accepts any appointment to any office
    of trust mentioned in section 4198 of this title without first
    having complied with the provisions thereof by due execution of a
    bond as therein required, or who shall willfully fail or neglect to
    account for, pay over, and deliver any money, property, or effects
    so received to any person lawfully entitled thereto, after having
    been requested by the latter, his representative or agent so to do,
    shall be deemed guilty of embezzlement and shall be punishable by
    imprisonment for not more than five years and by a fine of not more
    than $5,000.

-SOURCE-
    (June 30, 1902, ch. 1331, Sec. 2, 32 Stat. 547.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1179 of this title,
    and prior thereto to section 79 of this title.

-End-

-CITE-
    22 USC Sec. 4200                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4200. Certification of invoices generally

-STATUTE-
      No consular officer shall certify any invoice unless he is
    satisfied that the person making oath thereto is the person he
    represents himself to be, that he is a credible person, and that
    the statements made under such oath are true; and he shall,
    thereupon, by his certificate, state that he was so satisfied.

-SOURCE-
    (R.S. Sec. 1715.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1715 derived from act Aug. 18, 1856, ch. 127, Sec. 27,
    11 Stat. 62.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1180 of this title,
    and prior thereto to section 83 of this title.

-End-

-CITE-
    22 USC Sec. 4201                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4201. Fees for certification of invoices

-STATUTE-
      Fees for the consular certification of invoices shall be, and
    they are, included with the fees for official services for which
    the President is authorized by section 4219 of this title to
    prescribe rates or tariffs.

-SOURCE-
    (Apr. 5, 1906, ch. 1366, Sec. 9, 34 Stat. 101.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      A further provision of section 9 of act Apr. 5, 1906, repealed
    R.S. Sec. 2851, which provided for certification of invoices of
    imported merchandise by the collector of the post, and R.S. Sec.
    1721, which prescribed a fee of one dollar to be charged by the
    consul-general for the British North American provinces, for
    certifying invoices of goods not exceeding $100 in value.
      Section was formerly classified to section 1181 of this title,
    and prior thereto to section 84 of this title.

-End-

-CITE-
    22 USC Sec. 4202                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4202. Exaction of excessive fees for verification of invoices;
      penalty

-STATUTE-
      The fee provided by law for the verification of invoices by
    consular officers shall, when paid, be held to be a full payment
    for furnishing blank forms of declaration to be signed by the
    shipper, and for making, signing, and sealing the certificate of
    the consular officer thereto; and any consular officer who, under
    pretense of charging for blank forms, advice, or clerical services
    in the preparation of such declaration or certificate, charges or
    receives any fee greater in amount than that provided by law for
    the verification of invoices, or who demands or receives for any
    official services, or who allows any clerk or subordinate to
    receive for any such service, any fee or reward other than the fee
    provided by law for such service, shall be punishable by
    imprisonment for not more than one year, or by a fine of not more
    than $2,000, and shall be removed from his office.

-SOURCE-
    (R.S. Sec. 1716.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1716 derived from act Mar. 3, 1869, ch. 125, Sec. 3, 15
    Stat. 321.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1182 of this title,
    and prior thereto to section 85 of this title.

-End-

-CITE-
    22 USC Sec. 4203                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4203. Destruction of old invoices

-STATUTE-
      The Secretary of State is authorized to cause, from time to time,
    the destruction of invoices that have been filed in the consular
    offices for a period of more than five years.

-SOURCE-
    (Feb. 24, 1903, ch. 753, 32 Stat. 854.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1183 of this title,
    and prior thereto to section 86 of this title.

-End-

-CITE-
    22 USC Sec. 4204                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4204. Restriction as to certificate for goods from countries
      adjacent to United States

-STATUTE-
      No consular officer of the United States shall grant a
    certificate for goods, wares, or merchandise shipped from countries
    adjacent to the United States which have passed a consulate after
    purchase for shipment.

-SOURCE-
    (R.S. Sec. 1717.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1717 derived from act Feb. 22, 1873, ch. 184, Sec. 3,
    17 Stat. 474.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1184 of this title,
    and prior thereto to section 87 of this title.

-End-

-CITE-
    22 USC Sec. 4205                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4205. Retention of papers of American vessels until payment of
      demands and wages

-STATUTE-
      All consular officers are authorized and required to retain in
    their possession all the papers of vessels of the United States,
    which shall be deposited with them as directed by law, till payment
    shall be made of all demands and wages on account of such vessels.

-SOURCE-
    (R.S. Sec. 1718.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1718 derived from act Aug. 18, 1856, ch. 127, Sec. 28,
    11 Stat. 63.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1185 of this title,
    and prior thereto to section 88 of this title.

-End-

-CITE-
    22 USC Sec. 4206                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4206. Fees for services to American vessels or seamen
      prohibited

-STATUTE-
      No fees named in the tariff of consular fees prescribed by order
    of the President shall be charged or collected by consular officers
    for the official services to American vessels and seamen. Consular
    officers shall furnish the master of every such vessel with an
    itemized statement of such services performed on account of said
    vessel, with the fee so prescribed for each service, and make a
    detailed report to the Secretary of the Treasury of such services
    and fees, under such regulations as the Secretary of State may
    prescribe.

-SOURCE-
    (June 26, 1884, ch. 121, Sec. 12, 23 Stat. 56.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Provisions of section 12 of act June 26, 1884 (this section),
    permitting the Secretary of the Treasury to allow consular officers
    who are paid in whole or in part by fees such compensation for
    their services as they would have received but for the prohibition
    in this section were superseded by section 4223 of this title and
    were omitted, as was a provision of said section appropriating a
    sum sufficient for the payment of the compensation herein
    mentioned.
      Section was formerly classified to section 1186 of this title,
    and prior thereto to section 89 of this title.

-End-

-CITE-
    22 USC Sec. 4207                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4207. Profits from dealings with discharged seamen;
      prohibition

-STATUTE-
      No consular officer, nor any person under any consular officer
    shall make any charge or receive, directly or indirectly, any
    compensation, by way of commission or otherwise, for receiving or
    disbursing the wages or extra wages to which any seaman or mariner
    is entitled who is discharged in any foreign country, or for any
    money advanced to any such seaman or mariner who seeks relief from
    any consulate; nor shall any consular officer, or any person under
    any consular officer, be interested, directly or indirectly, in any
    profit derived from clothing, boarding or otherwise supplying or
    sending home any such seaman or mariner. Such prohibition as to
    profit, however, shall not be construed to relieve or prevent any
    such officer who is the owner of or otherwise interested in any
    vessel of the United States from transporting in such vessel any
    such seaman or mariner, or from receiving or being interested in
    such reasonable allowance as may be made for such transportation by
    law.

-SOURCE-
    (R.S. Sec. 1719; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1719 derived from act Aug. 18, 1856, ch. 127, Sec. 20,
    11 Stat. 59.
      Reference to "commercial agency" was omitted in view of the
    abolition of the grade of commercial agent by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1187 of this title,
    and prior thereto to section 90 of this title.

-End-

-CITE-
    22 USC Sec. 4208                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4208. Valuation of foreign coins in payment of fees

-STATUTE-
      Consuls, vice consuls, and consular agents in the Dominion of
    Canada, in the collection of official fees, shall receive foreign
    moneys at the rate given in the Treasury schedule of the value of
    foreign coins.

-SOURCE-
    (R.S. Sec. 1722.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1722 derived from act Mar. 3, 1869, ch. 125, Sec. 3, 15
    Stat. 321.
      Provisions of R.S. Sec. 1722 that no consul, vice consul, or
    consular agent in the Dominion of Canada shall be allowed tonnage
    fees for any services, actual or constructive, rendered any vessel
    owned and registered in the United States that may touch at a
    Canadian port, were omitted as superseded by section 12 of act June
    26, 1884, ch. 121, 23 Stat. 56, which is classified to section 4206
    of this title.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1188 of this title,
    and prior thereto to section 91 of this title.

-End-

-CITE-
    22 USC Sec. 4209                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4209. Exaction of excessive fees generally; penalty of treble
      amount

-STATUTE-
      Whenever any consular officer collects, or knowingly allows to be
    collected for any service, any other or greater fees than are
    allowed by law for such service, he shall, besides his liability to
    refund the same, be liable to pay to the person by whom or in whose
    behalf the same are paid, treble the amount of the unlawful charge
    so collected, as a penalty, to be recovered with costs, in any
    proper form of action, by such person for his own use. And in any
    such case the Secretary of the Treasury may retain, out of the
    compensation of such officer, the amount of such overcharge and of
    such penalty, and charge the same to such officer in account, and
    may thereupon refund such unlawful charge, and pay such penalty to
    the person entitled to the same if he shall think proper so to do.

-SOURCE-
    (R.S. Sec. 1723.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1723 derived from act Aug. 18, 1856, ch. 127, Sec. 17,
    11 Stat. 58.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1189 of this title,
    and prior thereto to section 92 of this title.

-End-

-CITE-
    22 USC Sec. 4210                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4210. Liability for uncollected fees

-STATUTE-
      Every consul general, consul, or vice consul appointed to perform
    the duty of any such officer, who omits to collect any fees which
    he is entitled to charge for any official service, shall be liable
    to the United States therefor, as if he had collected the same;
    unless, upon good cause shown therefor, the Secretary of the
    Treasury shall think proper to remit the same.

-SOURCE-
    (R.S. Sec. 1724; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1724 derived from act Aug. 18, 1856, ch. 127, Sec. 18,
    11 Stat. 58.
      References to "commercial agent" and "vice-commercial agent" were
    omitted in view of the abolition of the grade of commercial agent
    by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1190 of this title,
    and prior thereto to section 93 of this title.

-End-

-CITE-
    22 USC Sec. 4211                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4211. Returns as to fees by officers compensated by fees

-STATUTE-
      All consular agents, as are allowed for their compensation the
    whole or any part of the fees which they may collect, shall make
    returns in such manner as the Government Accountability Office
    shall prescribe, of all such fees as they or any person in their
    behalf so collect.

-SOURCE-
    (R.S. Sec. 1725; July 31, 1894, ch. 174, Sec. 5, 28 Stat. 206; Apr.
    5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; June 10, 1921, ch. 18,
    title III, Sec. 304, 42 Stat. 24; Pub. L. 108-271, Sec. 8(b), July
    7, 2004, 118 Stat. 814.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1725 derived from act Aug. 18, 1856, ch. 127, Sec. 18,
    11 Stat. 58.
      References to "commercial agents" and "vice-commercial agents"
    were omitted in view of the abolition of the grade of commercial
    agent by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1191 of this title,
    and prior thereto to section 94 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Government Accountability Office" substituted in text for
    "General Accounting Office" pursuant to section 8(b) of Pub. L. 108-
    271, set out as a note under section 702 of Title 31, Money and
    Finance, which redesignated the General Accounting Office and any
    references thereto as the Government Accountability Office.
    Previously, "General Accounting Office" substituted in text for
    "Comptroller of the Treasury" pursuant to act June 10, 1921, which
    transferred all powers and duties conferred upon Comptroller, six
    auditors, and certain other officers of the Treasury to General
    Accounting Office. See section 701 et seq. of Title 31. Previously,
    functions of Secretary of State under this section transferred to
    Comptroller of the Treasury by act July 31, 1894.

-End-

-CITE-
    22 USC Secs. 4212 to 4214                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Secs. 4212 to 4214. Repealed.

-MISC1-
    Secs. 4212 to 4214. Repealed. Pub. L. 105-277, div. G, subdiv. B,
      title XXII, Sec. 2223, Oct. 21, 1998, 112 Stat. 2681-819.
      Section 4212, R.S. Secs. 1726, 1727, required receipts for fees
    collected for consular services.
      Section 4213, R.S. Sec. 1727, required registry of fees.
      Section 4214, R.S. Sec. 1728; June 28, 1955, ch. 196, 69 Stat.
    187, required full transcript and certification of register.

-End-

-CITE-
    22 USC Sec. 4215                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4215. Notarial acts, oaths, affirmations, affidavits, and
      depositions; fees

-STATUTE-
      Every consular officer of the United States is required, whenever
    application is made to him therefor, within the limits of his
    consulate, to administer to or take from any person any oath,
    affirmation, affidavit, or deposition, and to perform any other
    notarial act which any notary public is required or authorized by
    law to do within the United States; and for every such notarial act
    performed he shall charge in each instance the appropriate fee
    prescribed by the President under section 4219 of this title.

-SOURCE-
    (Apr. 5, 1906, ch. 1366, Sec. 7, 34 Stat. 101; Pub. L. 103-236,
    title I, Sec. 127(b), Apr. 30, 1994, 108 Stat. 394; Pub. L. 103-
    415, Sec. 1(mm)(1), Oct. 25, 1994, 108 Stat. 4303.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1195 of this title,
    and prior thereto to section 98 of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-415 struck out sentence inserted at end by
    Pub. L. 103-236. See below.
      Pub. L. 103-236 inserted at end "Pursuant to such regulations as
    the Secretary of State may prescribe, the Secretary may designate
    any other employee of the Department of State who is a citizen of
    the United States to perform any notarial function authorized to be
    performed by a consular officer of the United States under this
    Act."

-End-

-CITE-
    22 USC Sec. 4216                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4216. Posting rates of fees

-STATUTE-
      It shall be the duty of all consular officers at all times to
    keep posted up in their offices, respectively, in a conspicuous
    place, and subject to the examination of all persons interested
    therein, a copy of such rates or tariffs as shall be in force.

-SOURCE-
    (R.S. Sec. 1731.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1731 derived from act Aug. 18, 1856, ch. 127, Sec. 16,
    11 Stat. 57.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1197 of this title,
    and prior thereto to section 101 of this title.

-End-

-CITE-
    22 USC Sec. 4217                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4217. Embezzlement of fees or of effects of American citizens

-STATUTE-
      Every consular officer who willfully neglects to render true and
    just quarterly accounts and returns of the business of his office,
    and of moneys received by him for the use of the United States, or
    who neglects to pay over any balance of said moneys due to the
    United States at the expiration of any quarter, before the
    expiration of the next succeeding quarter, or who shall receive
    money, property, or effects belonging to a citizen of the United
    States and shall not within a reasonable time after demand made
    upon him by the Secretary of State or by such citizen, his
    executor, administrator, or legal representative, account for and
    pay over all moneys, property, and effects, less his lawful fees,
    due to such citizen, shall be deemed guilty of embezzlement, and
    shall be punishable by imprisonment for not more than five years,
    and by a fine of not more than $2,000.

-SOURCE-
    (R.S. Sec. 1734; Dec. 21, 1898, ch. 36, Sec. 3, 30 Stat. 771.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1734 derived from act Mar. 3, 1869, ch. 125, Sec. 5, 15
    Stat. 322.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1198 of this title,
    and prior thereto to section 102 of this title.

-End-

-CITE-
    22 USC Sec. 4218                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4218. False certificate as to ownership of property

-STATUTE-
      If any consul or vice consul falsely and knowingly certifies that
    property belonging to foreigners is property belonging to citizens
    of the United States, he shall be punishable by imprisonment for
    not more than three years, and by a fine of not more than $10,000.

-SOURCE-
    (R.S. Sec. 1737; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1737 derived from act Feb. 22, 1803, ch. 9, Sec. 7, 2
    Stat. 204.
      References to "commercial agent" and "vice-commercial agent" were
    omitted in view of the abolition of the grade of commercial agent
    by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1200 of this title,
    and prior thereto to section 104 of this title.

-End-

-CITE-
    22 USC Sec. 4219                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4219. Regulation of fees by President

-STATUTE-
      The President is authorized to prescribe, from time to time, the
    rates or tariffs of fees to be charged for official services, and
    to designate what shall be regarded as official services, besides
    such as are expressly declared by law, in the business of the
    several embassies, legations, and consulates, and to adapt the
    same, by such differences as may be necessary or proper, to each
    embassy, legation, or consulate; and it shall be the duty of all
    officers and persons connected with such embassies, legations, and
    consulates to collect for such official services such and only such
    fees as may be prescribed for their respective embassies,
    legations, and consulates, and such rates or tariffs shall be
    reported annually to Congress.

-SOURCE-
    (R.S. Sec. 1745; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1745 derived from act Aug. 18, 1856, ch. 127, Sec. 16,
    11 Stat. 57.
      References to "commercial agencies" and "commercial agency" were
    omitted in view of the abolition of the grade of commercial agent
    by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1201 of this title,
    and prior thereto to section 127 of this title.

-EXEC-
     EX. ORD. NO. 10718. DELEGATION OF AUTHORITY TO SECRETARY OF STATE 
      Ex. Ord. No. 10718, June 27, 1957, 22 F.R. 4632, provided:
      Section 1. There is hereby delegated to the Secretary of State
    the authority vested in the President by section 1745 of the
    Revised Statutes of the United States (22 U.S.C. 1201) [this
    section] to prescribe, from time to time, the rates or tariffs of
    fees to be charged for official services, and to designate what
    shall be regarded as official services, besides such as are
    expressly declared by law, in the business of the several
    embassies, legations, and consulates, and to adapt the same, by
    such differences as may be necessary or proper, to each embassy,
    legation, or consulate.
      Sec. 2. This order shall not operate to amend, supersede, or
    terminate any rates or tariffs of fees, designations, or
    adaptations prescribed or made under authority of the said section
    1745 [this section] and in force immediately prior to the issuance
    of this order; but authority to amend, supersede, or terminate the
    same, and to prescribe regulations necessary or desirable for the
    implementation of rates or tariffs of fees, designations, or
    adaptions heretofore or hereafter prescribed or made, shall be
    deemed to be included within the authority delegated by section 1
    of this order.
      Sec. 3. The rates or tariffs of fees and the regulations
    prescribed and any other actions taken by the Secretary of State
    under authority of this order shall be published in the Federal
    Register.
                                                   Dwight D. Eisenhower.

-End-

-CITE-
    22 USC Sec. 4220                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4220. Medium for payment of fees

-STATUTE-
      All fees collected by diplomatic and consular officers for and in
    behalf of the United States shall be collected in the coin of the
    United States, or at its representative value in exchange.

-SOURCE-
    (R.S. Sec. 1746.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 1746 derived from act Aug. 18, 1856, ch. 127, Sec. 30,
    11 Stat. 63.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1202 of this title,
    and prior thereto to section 128 of this title.

-End-

-CITE-
    22 USC Sec. 4221                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4221. Depositions and notarial acts; perjury

-STATUTE-
      Every secretary of embassy or legation and consular officer is
    authorized, whenever he is required or deems it necessary or proper
    so to do, at the post, port, place, or within the limits of his
    embassy, legation, or consulate, to administer to or take from any
    person an oath, affirmation, affidavit, or deposition, and to
    perform any notarial act which any notary public is required or
    authorized by law to do within the United States. At any post,
    port, or place where there is no consular officer, the Secretary of
    State may authorize any other officer or employee of the United
    States Government who is a United States citizen serving overseas,
    including any contract employee of the United States Government, to
    perform such acts, and any such contractor so authorized shall not
    be considered to be a consular officer. Every such oath,
    affirmation, affidavit, deposition, and notarial act administered,
    sworn, affirmed, taken, had, or done, by or before any such
    officer, when certified under his hand and seal of office, shall be
    as valid, and of like force and effect within the United States, to
    all intents and purposes, as if administered, sworn, affirmed,
    taken, had, or done, by or before any other person within the
    United States duly authorized and competent thereto. If any person
    shall willfully and corruptly commit perjury, or by any means
    procure any person to commit perjury in any such oath, affirmation,
    affidavit, or deposition, within the intent and meaning of any Act
    of Congress now or hereafter made, such offender may be charged,
    proceeded against, tried, convicted, and dealt with in any district
    of the United States, in the same manner, in all respects, as if
    such offense had been committed in the United States, before any
    officer duly authorized therein to administer or take such oath,
    affirmation, affidavit, or deposition, and shall be subject to the
    same punishment and disability therefor as are or shall be
    prescribed by any such act for such offense; and any document
    purporting to have affixed, impressed, or subscribed thereto, or
    thereon the seal and signature of the officer administering or
    taking the same in testimony thereof, shall be admitted in evidence
    without proof of any such seal or signature being genuine or of the
    official character of such person; and if any person shall forge
    any such seal or signature, or shall tender in evidence any such
    document with a false or counterfeit seal or signature thereto,
    knowing the same to be false or counterfeit, he shall be deemed and
    taken to be guilty of a misdemeanor and on conviction shall be
    imprisoned not exceeding three years nor less than one year, and
    fined, in a sum not to exceed $3,000, and may be charged, proceeded
    against, tried, convicted, and dealt with therefor in the district
    where he may be arrested or in custody. Pursuant to such
    regulations as the Secretary of State may prescribe, the Secretary
    may designate any other employee of the Department of State who is
    a citizen of the United States to perform any notarial function
    authorized to be performed by a consular officer of the United
    States under this Act.

-SOURCE-
    (R.S. Sec. 1750; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; Pub.
    L. 103-415, Sec. 1(mm)(2), Oct. 25, 1994, 108 Stat. 4304; Pub. L.
    105-277, div. G, subdiv. B, title XXII, Sec. 2222(c)(1), Oct. 21,
    1998, 112 Stat. 2681-818.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, probably means the act of Aug. 18,
    1856, ch. 127, 11 Stat. 52, as amended. That act was incorporated
    into the Revised Statutes as R.S. Secs. 208, 211, 1674 to 1676,
    1680, 1685 to 1687, 1689, 1690, 1692, 1695, 1697, 1699, 1700, 1701,
    1703, 1706, 1708, 1711, 1713, 1715, 1718, 1719, 1730, 1731, 1735,
    1738 to 1741, 1743 to 1748, 1750 to 1752, 4207, 4213, 4580, 4581,
    4583, and 4584. For complete classification of those sections of
    the Revised Statutes to the Code, see Tables.

-COD-
                               CODIFICATION                           
      R.S. Sec. 1750 derived from act Aug. 18, 1856, ch. 127, Sec. 24,
    11 Stat. 61.
      Reference to "commercial agency" was omitted in view of the
    abolition of the grade of commercial agent by act Apr. 5, 1906.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1203 of this title,
    and prior thereto to section 131 of this title.

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277 inserted after first sentence "At any
    post, port, or place where there is no consular officer, the
    Secretary of State may authorize any other officer or employee of
    the United States Government who is a United States citizen serving
    overseas, including any contract employee of the United States
    Government, to perform such acts, and any such contractor so
    authorized shall not be considered to be a consular officer."
      1994 - Pub. L. 103-415, which directed amendment of section 24 of
    the Act of August 18, 1856 (11 Stat. 61, 22 U.S.C. 4221) by
    inserting at end "Pursuant to such regulations as the Secretary of
    State may prescribe, the Secretary may designate any other employee
    of the Department of State who is a citizen of the United States to
    perform any notarial function authorized to be performed by a
    consular officer of the United States under this Act.", was
    executed to this section, which is section 1750 of the Revised
    Statutes, to reflect the probable intent of Congress. Section 24 of
    the Act of Aug. 18, 1856, was restated in section 1750 of the
    Revised Statutes and repealed by section 5596 of the Revised
    Statutes.

-End-

-CITE-
    22 USC Sec. 4222                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4222. Authentication of documents of State of Vatican City by
      consular officer in Rome

-STATUTE-
      Until the United States shall have consular officer resident in
    the State of the Vatican City, a copy of any document of record or
    on file in a public office of said State of the Vatican City,
    certified by the lawful custodian of such document, may be
    authenticated, as provided in section 1741 of title 28, by a
    consular officer of the United States resident in the city of Rome,
    Kingdom of Italy, and such document or record shall, when so
    certified and authenticated, be admissible in evidence in any court
    of the United States.

-SOURCE-
    (June 20, 1936, ch. 640, Sec. 6A, as added June 25, 1938, ch. 682,
    52 Stat. 1163.)

-COD-
                               CODIFICATION                           
      "Section 1741 of title 28" substituted in text for "section 6 of
    this Act [28 U.S.C. 695e]" on authority of act June 25, 1948, ch.
    646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary
    and Judicial Procedure.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 1204 of this title,
    and prior thereto to section 695e-1 of Title 28.

-End-

-CITE-
    22 USC Sec. 4223                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4223. General duty to account for fees

-STATUTE-
      All fees, official or unofficial, received by any officer in the
    Consular Service for services rendered in connection with the
    duties of his office or as a consular officer, including fees for
    notarial services, and fees for taking depositions, executing
    commissions or letters rogatory, settling estates, receiving or
    paying out moneys, caring for or disposing of property, shall be
    accounted for and paid into the Treasury of the United States, and
    the sole and only compensation of such officers shall be by
    salaries fixed by law. And vice-consuls, in addition to such
    compensation as they may be entitled to receive as consuls or
    clerks, may receive such portion of the salaries of the consul-
    general or consuls for whom they act as shall be provided by
    regulation.

-SOURCE-
    (Apr. 5, 1906, ch. 1366, Sec. 8, 34 Stat. 101; Feb. 5, 1915, ch.
    23, Secs. 3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, Sec. 11,
    43 Stat. 142; Aug. 13, 1946, ch. 957, title XI, Sec. 1131(26), 60
    Stat. 1037.)

-COD-
                               CODIFICATION                           
      Compensation provisions pertaining to the positions of vice-
    consuls-general, deputy consuls-general, and deputy consuls were
    omitted from this section on the authority of act Feb. 5, 1915.
      Section was not enacted as a part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 99 of this title.

-MISC1-
                                AMENDMENTS                            
      1946 - Act Aug. 13, 1946, struck out "but this shall not apply to
    consular agents, who shall be paid one-half of the fees received in
    their offices, up to a maximum sum of one thousand dollars in any
    one year, the other half being accounted for and paid into the
    Treasury of the United States."

                     EFFECTIVE DATE OF 1946 AMENDMENT                 
      Amendment by act Aug. 13, 1946, effective three months after Aug.
    13, 1946.

                                  REPEALS                              
      Act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(26), 60 Stat.
    1037, cited as a credit to this section, was repealed by Pub. L. 96-
    465, title II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-End-

-CITE-
    22 USC Sec. 4224                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4224. Fees; accounting; stamps

-STATUTE-
      The provisions of sections 1196 (!1) and 4223 of this title,
    relative to official fees and the method of accounting therefor
    shall apply to diplomatic officers below the grade of minister and
    to consular officers.

-SOURCE-
    (May 24, 1924, ch. 182, Sec. 18, formerly Sec. 11, 43 Stat. 142,
    renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat.
    1209.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1196 of this title, referred to in text, was repealed by
    act June 28, 1955, ch. 196, 69 Stat. 187.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 812 of this title, and
    prior thereto to section 13 of this title.

-MISC1-
                                AMENDMENTS                            
      1931 - Act Feb. 23, 1931, substituted "shall apply to diplomatic
    officers below the grade of minister and to consular officers" for
    "shall include both branches of the Foreign Service".

                     EFFECTIVE DATE OF 1931 AMENDMENT                 
      Section 7 of act Feb. 23, 1931, provided: "That this Act [see
    Tables for classification] shall take effect on July 1, 1931."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    22 USC Sec. 4225                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4225. Fiscal districts; establishment; district accounting and
      disbursing offices; personnel; duties

-STATUTE-
      The President is authorized, whenever the necessity for such
    offices with a view to effecting economies in accounting procedure
    is apparent, to prescribe certain fiscal districts 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 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 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 be
    prescribed by the Secretary of State, all such fees and monies, or
    the residue thereof after the payment of salaries, allowances, and
    current expenses of the diplomatic missions and consular offices
    within the district, to be paid by the district accounting and
    disbursing officer into the Treasury of the United States. Such
    district accounting and disbursing officers accountable for public
    monies may entrust monies to other officers for the purpose of
    having them make disbursements as his agent, and the officer to
    whom the monies are entrusted, as well as the officer who entrusts
    the monies to him, shall be held pecuniarily responsible therefor
    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 in charge of such district office to be included in his
    accounts.
      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.
      Section 3522 of title 31, and any other existing statutes, in so
    far as they conflict with this section are hereby amended.

-SOURCE-
    (May 24, 1924, ch. 182, Sec. 35, as added Feb. 23, 1931, ch. 276,
    Sec. 7, 46 Stat. 1216; amended Pub. L. 92-310, title II, Sec.
    227(b), June 6, 1972, 86 Stat. 207.)

-COD-
                               CODIFICATION                           
      "Section 3522 of title 31" substituted in text for "Section 3622
    of the Revised Statutes of the United States (U.S.C., title 31,
    sec. 496)", on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 813 of this title, and
    prior thereto to section 23k of this title.

-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-310 struck out provisions which required
    district accounting and disbursing officers and their agents to be
    bonded.

                              EFFECTIVE DATE                          
      Section effective July 1, 1931, see section 7 of act Feb. 23,
    1931, set out as an Effective Date of 1931 Amendment note under
    section 4224 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Function of disbursement of moneys of the United States of any
    agency (with certain exceptions) transferred to Treasury Department
    by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, set out as a note
    under section 901 of Title 5, Government Organization and
    Employees. Section 4 of Ex. Ord. No. 6166 was repealed by Pub. L
    .97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1086, the first
    section of which enacted Title 31, Money and Finance. See section
    3321 of Title 31.

-End-

-CITE-
    22 USC Sec. 4226                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 52 - FOREIGN SERVICE
    SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
           GENERALLY                                     

-HEAD-
    Sec. 4226. Fees and official monies from diplomatic missions,
      consular offices and district accounting and disbursing offices;
      disposition

-STATUTE-
      All fees and other official monies received by diplomatic
    missions or consular offices or by the district accounting and
    disbursing offices provided in section 4225 of this title, may be
    transmitted 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 rules 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 3302(b) of title 31 is hereby amended.

-SOURCE-
    (May 24, 1924, ch. 182, Sec. 36, as added Feb. 23, 1931, ch. 276,
    Sec. 7, 46 Stat. 1216.)

-COD-
                               CODIFICATION                           
      "Section 3302(b) of title 31" substituted in text for "Section
    3617 of the Revised Statutes of the United States (U.S.C., title
    31, sec. 484)", on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.
      Section was not enacted as part of the Foreign Service Act of
    1980 which comprises this chapter.
      Section was formerly classified to section 814 of this title, and
    prior thereto to section 23l of this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective July 1, 1931, see section 7 of act Feb. 23,
    1931, set out as an Effective Date of 1931 Amendment note under
    section 4224 of this title.

-End-