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22 U.S.C. § 4133 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4133. Freedom of action
(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.
(Pub. L. 96–465, title I, § 1103, Oct. 17, 1980, 94 Stat. 2143; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 329], Nov. 29, 1999, 113 Stat. 1536, 1501A–438.)
heading: Amendments
text: 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.”
22 U.S.C. § 4138 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4138. Access to records
(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.
(Pub. L. 96–465, title I, § 1108, Oct. 17, 1980, 94 Stat. 2147.)
22 U.S.C. § 4139 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4139. Relationship to other remedies
(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.
(Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148; Pub. L. 101–12, § 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102–138, title I, § 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)
heading: Amendments
text: 1991—Subsec. (a). Pub. L. 102–138, § 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, § 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”.
heading: Effective Date of 1991 Amendment
text: 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.
heading: Effective Date of 1989 Amendment
text: 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.
22 U.S.C. § 4141 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4141. Statement of policy; objectives
(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.
(Pub. L. 96–465, title I, § 1201, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 39.)
22 U.S.C. § 4141b (FOREIGN RELATIONS AND INTERCOURSE)
§ 4141b. Report to Congress
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
(Pub. L. 96–465, title I, § 1203, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 41.)
heading: References in Text
text: Section 3905(d)(2) of this title, referred to in text, was omitted from the Code.
22 U.S.C. § 4141c (FOREIGN RELATIONS AND INTERCOURSE)
§ 4141c. Authorization of appropriations
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.
(Pub. L. 96–465, title I, § 1204, as added Pub. L. 101–246, title I, § 149(b), Feb. 16, 1990, 104 Stat. 41.)
heading: References in Text
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.
22 U.S.C. § 4151 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4151. Pay and benefits pending conversion
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.
(Pub. L. 96–465, title II, § 2101, Oct. 17, 1980, 94 Stat. 2148.)
heading: Codification
text: “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.
22 U.S.C. § 4152 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4152. Conversion to Foreign Service Schedule
(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.
(Pub. L. 96–465, title II, § 2102, Oct. 17, 1980, 94 Stat. 2148.)
heading: References in Text
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, § 2205(1), Oct. 17, 1980, 94 Stat. 2159.
heading: Codification
text: 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.
22 U.S.C. § 4155 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4155. Conversion of certain positions in Department of Agriculture
(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).
(Pub. L. 96–465, title II, § 2105, Oct. 17, 1980, 94 Stat. 2150.)
heading: Codification
text: 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.
22 U.S.C. § 4157 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4157. Regulations
Under the direction of the President, the Secretary shall prescribe regulations for the implementation of this subchapter.
(Pub. L. 96–465, title II, § 2107, Oct. 17, 1980, 94 Stat. 2152.)
heading: Delegation of Functions
text: 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.
22 U.S.C. § 4158 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4158. Authority of other agencies
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.
(Pub. L. 96–465, title II, § 2108, Oct. 17, 1980, 94 Stat. 2152.)
22 U.S.C. § 4159 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4159. Survivor benefits for certain former spouses
(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.
(Pub. L. 96–465, title II, § 2109, Oct. 17, 1980, 94 Stat. 2152.)
22 U.S.C. § 4172 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4172. Savings provisions
(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.
(Pub. L. 96–465, title II, § 2401, Oct. 17, 1980, 94 Stat. 2168.)
heading: References in Text
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 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, § 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.
heading: Codification
text: 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.