dreamproit/uscode huggingface dataset:
22 U.S.C. § 4012 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4012. Termination of appointments of consular agents and foreign national employees
(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.
(Pub. L. 96–465, title I, § 613, formerly § 612, Oct. 17, 1980, 94 Stat. 2099; renumbered § 613, Pub. L. 103–236, title I, § 181(a)(1), Apr. 30, 1994, 108 Stat. 416.)
heading: Prior Provisions
text: A prior section 613 of Pub. L. 96–465 was renumbered section 614 and is classified to section 4013 of this title.
22 U.S.C. § 4012a (FOREIGN RELATIONS AND INTERCOURSE)
§ 4012a. Foreign national employees separation pay
(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.
(Pub. L. 102–138, title I, § 151, Oct. 28, 1991, 105 Stat. 672.)
heading: Codification
text: 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.
22 U.S.C. § 4013 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4013. Foreign Service awards
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.
(Pub. L. 96–465, title I, § 614, formerly § 613, Oct. 17, 1980, 94 Stat. 2099; renumbered § 614, Pub. L. 103–236, title I, § 181(a)(1), Apr. 30, 1994, 108 Stat. 416; amended Pub. L. 105–292, title V, § 504(b), Oct. 27, 1998, 112 Stat. 2811.)
heading: Amendments
text: 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.”
heading: Delegation of Functions
text: 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.
heading: The Richard C. Holbrooke Award for Diplomacy
text: Memorandum of President of the United States, Dec. 22, 2010, 77 F.R. 75507, provided:
Memorandum for the Secretary of State
To honor the legacy of one of America’s greatest diplomats and to reaffirm our commitment to diplomacy, I hereby direct you to establish the Richard C. Holbrooke Award for Diplomacy, to be awarded annually. You are authorized to take all necessary steps to establish an appropriate award program under the auspices of your department to recognize distinguished Americans who have made especially meritorious contributions to diplomacy.
Sixty days prior to presenting the award, you shall present to me a list of nominees, from which I will select up to five individuals or groups of individuals to receive this award. In preparing your list of nominees, you may consider the recommendations of appropriate individuals and groups, coordinate your nominations in consultation with other executive agencies as appropriate, and may include recommendations for posthumous awards.
You are authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
22 U.S.C. § 4022 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4022. Foreign language requirements
(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.
(Pub. L. 96–465, title I, § 702, Oct. 17, 1980, 94 Stat. 2099; Pub. L. 103–236, title I, § 126(3), Apr. 30, 1994, 108 Stat. 394; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 208(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–422; Pub. L. 107–228, div. A, title III, § 327, Sept. 30, 2002, 116 Stat. 1387.)
heading: Amendments
text: 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”.
heading: Change of Name
text: Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
22 U.S.C. § 4023 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4023. Career development program
(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.
(Pub. L. 96–465, title I, § 703, Oct. 17, 1980, 94 Stat. 2100; Pub. L. 100–204, title I, § 185(c)(1), Dec. 22, 1987, 101 Stat. 1366.)
heading: Amendments
text: 1987—Subsec. (f). Pub. L. 100–204 struck out subsec. (f) which related to report to Congress and President.
22 U.S.C. § 4025 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4025. Training grants
(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.
(Pub. L. 96–465, title I, § 705, Oct. 17, 1980, 94 Stat. 2101; Pub. L. 103–236, title I, § 126(3), Apr. 30, 1994, 108 Stat. 394.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–236 substituted “institution” for “Institute” after “through the”.
22 U.S.C. § 4026 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4026. Career counseling
(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.
(Pub. L. 96–465, title I, § 706, Oct. 17, 1980, 94 Stat. 2101; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2314(a), Oct. 21, 1998, 112 Stat. 2681–827.)
heading: Amendments
text: 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.”
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 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].”
heading: Authority of Secretary of State
text: 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.
22 U.S.C. § 4027 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4027. Visiting Scholars Program
(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.
(Pub. L. 96–465, title I, § 707, as added Pub. L. 101–246, title I, § 144(a), Feb. 16, 1990, 104 Stat. 36; amended Pub. L. 103–236, title I, § 126(3), Apr. 30, 1994, 108 Stat. 394.)
heading: Amendments
text: 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).
22 U.S.C. § 4029 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4029. Increased training in multilateral diplomacy
(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.
(Pub. L. 108–458, title VII, § 7111(c), Dec. 17, 2004, 118 Stat. 3795.)
heading: Codification
text: 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.
22 U.S.C. § 4042 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4042. Maintenance of Fund
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).
(Pub. L. 96–465, title I, § 802, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)
heading: References in Text
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, § 1131(44), 60 Stat. 1038.
heading: Amendments
text: 1986—Pub. L. 99–335 substituted “part” for “subchapter”.
heading: Effective Date of 1986 Amendment
text: 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.
22 U.S.C. § 4043 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4043. Participants
(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.
(Pub. L. 96–465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.)
heading: References in Text
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 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159.
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–335, §§ 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, § 414(2), added subsec. (d).
heading: Effective Date of 1986 Amendment
text: 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.
22 U.S.C. § 4050 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4050. Discontinued service retirement
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.
(Pub. L. 96–465, title I, § 810, Oct. 17, 1980, 94 Stat. 2112.)
22 U.S.C. § 4051 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4051. Voluntary retirement
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.
(Pub. L. 96–465, title I, § 811, Oct. 17, 1980, 94 Stat. 2112; Pub. L. 100–238, title II, § 216, Jan. 8, 1988, 101 Stat. 1774.)
heading: Amendments
text: 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.
heading: Effective Date of 1988 Amendment
text: 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.