dreamproit/uscode huggingface dataset:
22 U.S.C. § 3964 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3964. Assignments to salary class
(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.
(Pub. L. 96–465, title I, § 404, Oct. 17, 1980, 94 Stat. 2088; Pub. L. 103–236, title I, § 180(a)(3), Apr. 30, 1994, 108 Stat. 415.)
heading: Amendments
text: 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”.
22 U.S.C. § 3966 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3966. Within-class salary increases
(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.
(Pub. L. 96–465, title I, § 406, Oct. 17, 1980, 94 Stat. 2089.)
22 U.S.C. § 3967 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3967. Salaries for Foreign Service personnel abroad who perform routine duties
(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.
(Pub. L. 96–465, title I, § 407, Oct. 17, 1980, 94 Stat. 2090.)
22 U.S.C. § 3969 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3969. Salaries of consular agents
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.
(Pub. L. 96–465, title I, § 409, Oct. 17, 1980, 94 Stat. 2091.)
22 U.S.C. § 3971 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3971. Temporary service as principal officer
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.
(Pub. L. 96–465, title I, § 411, Oct. 17, 1980, 94 Stat. 2091.)
22 U.S.C. § 3972 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3972. Special differentials
(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, § 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.
(Pub. L. 96–465, title I, § 412, Oct. 17, 1980, 94 Stat. 2092; Pub. L. 103–236, title I, § 139(6), Apr. 30, 1994, 108 Stat. 398.)
heading: Amendments
text: 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.”
22 U.S.C. § 3973 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3973. Death gratuities
(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.
(Pub. L. 96–465, title I, § 413, Oct. 17, 1980, 94 Stat. 2092.)
22 U.S.C. § 3974 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3974. Border equalization pay adjustment
(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.
(Pub. L. 96–465, title I, § 414, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 333(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–439.)
22 U.S.C. § 3981 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3981. Authority of Secretary
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.
(Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat. 2092.)
22 U.S.C. § 3984 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3984. Service in United States and abroad
(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.
(Pub. L. 96–465, title I, § 504, Oct. 17, 1980, 94 Stat. 2094; Pub. L. 103–236, title I, § 180(a)(5), Apr. 30, 1994, 108 Stat. 416.)
heading: Amendments
text: 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”.
22 U.S.C. § 3985 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3985. Temporary details
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.
(Pub. L. 96–465, title I, § 505, Oct. 17, 1980, 94 Stat. 2094.)
22 U.S.C. § 4002 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4002. Establishment of selection boards
(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.
(Pub. L. 96–465, title I, § 602, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 101–246, title I, § 142, Feb. 16, 1990, 104 Stat. 36; Pub. L. 104–65, § 12(c), Dec. 19, 1995, 109 Stat. 701.)
heading: Amendments
text: 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).
heading: Effective Date of 1995 Amendment
text: 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.
22 U.S.C. § 4003 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4003. Recommendations and rankings
(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.
(Pub. L. 96–465, title I, § 603, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 108–458, title VII, § 7110(c), Dec. 17, 2004, 118 Stat. 3794.)
heading: Amendments
text: 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”.
22 U.S.C. § 4004 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4004. Records
(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.
(Pub. L. 96–465, title I, § 604, Oct. 17, 1980, 94 Stat. 2096; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 327(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)
heading: Amendments
text: 1999—Pub. L. 106–113, in section catchline, substituted “Records” for “Confidentiality of records”, designated existing provisions as subsec. (a), and added subsec. (b).
heading: Effective Date of 1999 Amendment
text: Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 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].”
22 U.S.C. § 4005 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4005. Implementation of selection board recommendations
(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.
(Pub. L. 96–465, title I, § 605, Oct. 17, 1980, 94 Stat. 2096.)
22 U.S.C. § 4006 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4006. Other bases for promoting or increasing pay
(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.
(Pub. L. 96–465, title I, § 606, Oct. 17, 1980, 94 Stat. 2096.)
22 U.S.C. § 4008 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4008. Retirement based on failure to meet standard of performance
(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.
(Pub. L. 96–465, title I, § 608, Oct. 17, 1980, 94 Stat. 2097.)
22 U.S.C. § 4011 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4011. Termination of limited appointments
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.
(Pub. L. 96–465, title I, § 612, formerly § 611, Oct. 17, 1980, 94 Stat. 2099; renumbered § 612 and amended Pub. L. 103–236, title I, §§ 180(a)(7), 181(a)(1), Apr. 30, 1994, 108 Stat. 416.)
heading: Prior Provisions
text: A prior section 612 of Pub. L. 96–465 was renumbered section 613 and is classified to section 4012 of this title.
heading: Amendments
text: 1994—Pub. L. 103–236, § 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.”