dreamproit/uscode huggingface dataset:
22 U.S.C. § 4053 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4053. Reassignment and retirement of former Presidential appointees
(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) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.
(Pub. L. 96–465, title I, § 813, Oct. 17, 1980, 94 Stat. 2113; Pub. L. 102–138, title I, § 149, Oct. 28, 1991, 105 Stat. 670; Pub. L. 103–236, title I, § 174, Apr. 30, 1994, 108 Stat. 413.)
heading: Amendments
text: 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.”
22 U.S.C. § 4063 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4063. Annuity adjustment for recall service
(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) 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.
(Pub. L. 96–465, title I, § 823, Oct. 17, 1980, 94 Stat. 2122; Pub. L. 99–335, title IV, § 409, June 6, 1986, 100 Stat. 612.)
heading: Amendments
text: 1986—Subsec. (c). Pub. L. 99–335 added subsec. (c).
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. § 4086 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4086. Entitlement to vote in a State in a Federal election; preconditions; applicability
(a) Except as provided in subsection (b) 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) 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].
(Pub. L. 96–465, title I, § 906, as added Pub. L. 98–164, title I, § 129(a), Nov. 22, 1983, 97 Stat. 1027.)
heading: References in Text
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, which was classified generally to subchapter I–E (§ 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, § 203, Aug. 28, 1986, 100 Stat. 930.
22 U.S.C. § 4105 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4105. Management rights
(a) Subject to subsection (b), 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.
(Pub. L. 96–465, title I, § 1005, Oct. 17, 1980, 94 Stat. 2131; Pub. L. 103–236, title I, § 181(b), Apr. 30, 1994, 108 Stat. 417; Pub. L. 103–415, § 1(jj)(2), Oct. 25, 1994, 108 Stat. 4303.)
heading: Amendments
text: 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.
22 U.S.C. § 4114 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4114. Resolution of implementation disputes
(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) 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) 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.
(Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.)
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) 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) 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. § 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) 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) 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); or
(2) to decline conversion to the Foreign Service and have the provisions of subsection (d) 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).
(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) 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. § 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), or
(2) February 15, 1981, in the case of an election under subsection (b)(2).
(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.)