### **CHAPTER 52—FOREIGN SERVICE**

#### 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.
3922c.
Integration of foreign economic policy.
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.
3927b.
Reporting requirement on chiefs of mission.
3928.
Director General of Foreign Service.
3929.
Inspector General.
3929a.
Abolishment of Inspector General of Department of State and Foreign Service.
3929b.
Cooperation with Office of the Inspector General.
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.
3968a.
Locally-employed staff wages.
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.
3975.
Group life insurance supplement applicable to those killed in terrorist attacks.
3976.
Survivors' and dependents' educational assistance.

#### 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; suspension.
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.
Department 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.
4030.
Suitability reviews for Foreign Service Institute instructors.

#### 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.
4081a.
Exception for Government-financed air transportation; reducing hardship for transportation of domestic animals.
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.
4087.
Termination of residential or motor vehicle leases and telephone service contracts.
4088.
Education allowance.

#### 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.

#### **Editorial Notes**

#### 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 |

#### **Executive Documents**

#### 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.