dreamproit/uscode huggingface dataset:
22 U.S.C. § 2701 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2701. Educational facilities
Whenever the Secretary of State determines that educational facilities are not available, or that existing educational facilities are inadequate, to meet the needs of children of United States citizens stationed outside the United States who are engaged in carrying out Government activities, the Secretary may, in such manner as he deems appropriate and under such regulations as he may prescribe, establish, operate, and maintain primary schools, and school dormitories and related educational facilities for primary and secondary schools, outside the United States, make grants of funds for such purposes, or otherwise provide for such educational facilities. The authorities of the Foreign Service Buildings Act, 1926 [22 U.S.C. 292 et seq.], and of paragraphs (h) and (i) of section 2670 of this title, may be utilized by the Secretary in providing assistance for educational facilities. Such assistance may include physical security enhancements and hiring, transporting, and payment of teachers and other necessary personnel. Notwithstanding any other provision of law, where the child of a United States citizen employee of an agency of the United States Government who is stationed outside the United States attends an educational facility assisted by the Secretary of State under this section, the head of that agency is authorized to reimburse, or credit with advance payment, the Department of State for funds used in providing assistance to such educational facilities, by grant or otherwise, under this section.
(Aug. 1, 1956, ch. 841, title I, § 29, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2154; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2201, Oct. 21, 1998, 112 Stat. 2681–804; Pub. L. 114–323, title I, § 114, Dec. 16, 2016, 130 Stat. 1911.)
heading: References in Text
text: The Foreign Service Buildings Act, 1926, referred to in text, is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (§ 292 et seq.) of this title. For complete classification of this Act to the Code, see section 299 of this title and Tables.
heading: Amendments
text: 2016—Pub. L. 114–323 inserted “physical security enhancements and” after “may include”.
1998—Pub. L. 105–277 inserted at end “Notwithstanding any other provision of law, where the child of a United States citizen employee of an agency of the United States Government who is stationed outside the United States attends an educational facility assisted by the Secretary of State under this section, the head of that agency is authorized to reimburse, or credit with advance payment, the Department of State for funds used in providing assistance to such educational facilities, by grant or otherwise, under this section.”
heading: Effective Date
text: Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of this title.
22 U.S.C. § 2733 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2733. Reemployment of annuitants under the Civil Service Retirement System and Federal Employees’ Retirement System
(a) Authority
The Secretary of State may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
(b) Procedures
The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.
(c) Annuitants not treated as employees for purposes of retirement benefits
An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.
(Aug. 1, 1956, ch. 841, title I, § 61, as added Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441; amended Pub. L. 111–32, title XI, § 1115(c)(2), June 24, 2009, 123 Stat. 1905; Pub. L. 114–323, title IV, § 405(b), Dec. 16, 2016, 130 Stat. 1929.)
heading: Codification
text: Pub. L. 109–234, title I, § 1602(b)(1), June 15, 2006, 120 Stat. 441, which directed that this section be added at the end of title I of the Department of State Basic Authorities Act of 1956, was executed by adding this section at the end of title I of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive application of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annuitants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan and terminated the Secretary’s authority as of Oct. 1, 2010.
2009—Subsec. (a)(1). Pub. L. 111–32 inserted “, Pakistan,” after “Iraq” in two places.
Subsec. (a)(2). Pub. L. 111–32 substituted “2010” for “2008”.
heading: Extension of Authority
text: Pub. L. 114–113, div. K, title VII, § 7034(k)(5), Dec. 18, 2015, 129 Stat. 2765, provided that: “Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting ‘September 30, 2016’ for ‘October 1, 2010’ in paragraph (2).”
Prior extensions were contained in the following prior acts:
Pub. L. 113–235, div. J, title VII, § 7034(l)(5), Dec. 16, 2014, 128 Stat. 2625.
Pub. L. 113–76, div. K, title VII, § 7034(m)(5), Jan. 17, 2014, 128 Stat. 515.
Pub. L. 112–74, div. I, title VII, § 7034(m)(5), Dec. 23, 2011, 125 Stat. 1216.
22 U.S.C. § 2734b (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734b. Report on diversity recruitment, employment, retention, and promotion
(a) In general
The Secretary should provide oversight to the employment, retention, and promotion of traditionally underrepresented minority groups.
(b) Additional recruitment and outreach required
The Department should conduct recruitment activities that—
(1) develop and implement effective mechanisms to ensure that the Department is able effectively to recruit and retain highly qualified candidates from a wide diversity of institutions; and
(2) improve and expand recruitment and outreach programs at minority-serving institutions.
(c) Report
Not later than 180 days after December 16, 2016, and quadrennially thereafter, the Secretary shall submit to Congress a comprehensive report that describes the efforts, consistent with existing law, including procedures, effects, and results of the Department since the period covered by the prior such report, to promote equal opportunity and inclusion for all American employees in direct hire and personal service contractors status, particularly employees of the Foreign Service, including equal opportunity for all traditionally underrepresented minority groups.
(Pub. L. 114–323, title IV, § 410, Dec. 16, 2016, 130 Stat. 1931.)
heading: Definitions
text: For definitions of “Secretary”, “Department”, and “Foreign Service” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2734c (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734c. Employee assignment restrictions
(a) Appeal of assignment restriction
The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion.
(b) Certification
Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
(c) Notice
The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
(Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932.)
heading: Codification
text: Section is comprised of section 414 of Pub. L. 114–323. Subsec. (d) of section 414 of Pub. L. 114–323 amended section 3982 of this title.
heading: Definitions
text: For definitions of “Secretary” and “appropriate congressional committee” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2734d (FOREIGN RELATIONS AND INTERCOURSE)
§ 2734d. Recruitment and retention of individuals who have lived, worked, or studied in predominantly Muslim countries or communities
(a) Findings
Congress finds that successful engagement, including robust public diplomacy, with predominantly Muslim countries and communities is critical for achieving United States foreign policy objectives.
(b) Sense of Congress
It is the sense of Congress that the Department should recruit more employees that have a personal background in, and thorough understating of, the cultures, languages, and history of the Middle East and wider Muslim world.
(c) Recruitment and retention of certain individuals
The Secretary shall make every effort to recruit and retain individuals that have lived, worked, or studied in predominantly Muslim countries or communities, including individuals who have studied at an Islamic institution of higher learning.
(Pub. L. 114–323, title VII, § 713, Dec. 16, 2016, 130 Stat. 1945.)
heading: Definitions
text: For definitions of “Department” and “Secretary” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 2735 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2735. Foreign relations exchange programs
(a) Authority
The Secretary may establish exchange programs under which officers or employees of the Department of State, including individuals appointed under title 5 and members of the Foreign Service (as defined in section 3903 of this title), may be assigned, for not more than 1 year, to a position with any foreign government or international entity that permits an employee to be assigned to a position with the Department of State.
(b) Salary and benefits
(1) Members of Foreign Service
During a period in which a member of the Foreign Service is participating in an exchange program authorized pursuant to subsection (a), such member shall be entitled to the salary and benefits to which such member would receive but for the assignment under this section.
(2) Non-Foreign Service employees of Department
An employee of the Department of State other than a member of the Foreign Service participating in an exchange program authorized pursuant to subsection (a) shall be treated in all respects as if detailed to an international organization pursuant to section 3343(c) of title 5.
(3) Foreign participants
The salary and benefits of an employee of a foreign government or international entity participating in an exchange program authorized pursuant to subsection (a) shall be paid by such government or entity during the period in which such employee is participating in such program, and shall not be reimbursed by the Department of State.
(c) Non-reciprocal assignment
The Secretary may authorize a non-reciprocal assignment of personnel pursuant to this section, with or without reimbursement from the foreign government or international entity for all or part of the salary and other expenses payable during such assignment, if such is in the interests of the United States.
(d) Rule of construction
Nothing in this section may be construed to authorize the appointment as an officer or employee of the United States of—
(1) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or
(2) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5 or any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States.
(Aug. 1, 1956, ch. 841, title I, § 63, as added Pub. L. 114–323, title VII, § 701(a), Dec. 16, 2016, 130 Stat. 1939.)
22 U.S.C. § 3922c (FOREIGN RELATIONS AND INTERCOURSE)
§ 3922c. Integration of foreign economic policy
(a) In general
The Secretary, in conjunction with the Under Secretary of Economic Growth, Energy, and the Environment, shall establish—
(1) foreign economic policy priorities for each regional bureau, including for individual countries, as appropriate; and
(2) policies and guidance for integrating such foreign economic policy priorities throughout the Department.
(b) Deputy Assistant Secretary
Within each regional bureau of the Department, the Secretary shall task an existing Deputy Assistant Secretary with appropriate training and background in economic and commercial affairs with the responsibility for economic matters and interests within the responsibilities of each such regional bureau, including the integration of the foreign economic policy priorities established pursuant to subsection (a).
(c) Training
The Secretary shall establish curriculum at the George P. Shultz National Foreign Affairs Training Center to develop the practical foreign economic policy expertise and skill sets of Foreign Service officers, including by making available distance-learning courses in commercial, economic, and business affairs, including in the following:
(1) The global business environment.
(2) The economics of development.
(3) Development and infrastructure finance.
(4) Current trade and investment agreements negotiations.
(5) Implementing existing multilateral and World Trade Organization agreements, and United States trade and investment agreements.
(6) Best practices for customs and export procedures.
(7) Market analysis and global supply chain management.
(Pub. L. 114–323, title IV, § 406, Dec. 16, 2016, 130 Stat. 1929.)
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
heading: Definitions
text: For definitions of “Secretary”, “Department”, and “Foreign Service” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
22 U.S.C. § 3949 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3949. Limited appointments
(a) A limited appointment in the Service, including an appointment of an individual who is an employee of an agency, may not exceed 5 years in duration and, except as provided in subsections (b) and (c), may not be extended or renewed. A limited appointment in the Service which is limited by its terms to a period of one year or less is a temporary appointment.
(b) A limited appointment may be extended for continued service—
(1) as a consular agent;
(2) in accordance with section 3951(a) of this title;
(3) as a career candidate, if—
(A) continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or
(B) the individual is serving in the uniformed services (as defined in section 4303 of title 38) and the limited appointment expires in the course of such service;
(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;
(5) as a foreign national employee;
(6) in exceptional circumstances if the Secretary determines the needs of the Service require the extension of—
(A) a limited noncareer appointment for a period not to exceed 1 year; or
(B) a limited appointment of a career candidate for the minimum time needed to resolve a grievance, claim, investigation, or complaint not otherwise provided for in this section.
(c)
(1) Except as provided in paragraph (2) noncareer employees who have served for 5 consecutive years under a limited appointment under this section may be reappointed to a subsequent noncareer limited appointment if there is at least a 1-year break in service before such new appointment.
(2) The Secretary may waive the 1-year break requirement under paragraph (1) in cases of special need.
(Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114–323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–323, § 409(1), substituted “subsections (b) and (c)” for “subsection (b)”.
Subsec. (b)(3). Pub. L. 114–323, § 409(2)(A), substituted “if—” for “if”, inserted subpar. (A) designation before “continued service”, and added subpar. (B).
Subsec. (b)(6). Pub. L. 114–323, § 409(2)(B)–(D), added par. (6).
Subsec. (c). Pub. L. 114–323, § 409(3), added subsec. (c).
1994—Subsec. (b)(5). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (5).
1987—Pub. L. 100–204 designated existing provisions as subsec. (a), substituted “subsection (b)” for “section 3951(a) of this title”, and added subsec. (b).
22 U.S.C. § 3968a (FOREIGN RELATIONS AND INTERCOURSE)
§ 3968a. Locally-employed staff wages
(a) Market-responsive staff wages
Not later than 180 days after December 16, 2016, and periodically thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in section 3968 of this title, at each diplomatic post that—
(1) is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and
(2) is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.
(b) Exception
The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest.
(c) Recordkeeping requirement
The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based—
(1) shall be filed electronically and retained for not less than 5 years; and
(2) shall be made available to the appropriate congressional committees upon request.
(Pub. L. 114–323, title IV, § 401, Dec. 16, 2016, 130 Stat. 1926.)
heading: Codification
text: Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
heading: Definitions
text: For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
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) Salary limitations
The Inspector General of the United States Agency for International Development (USAID) shall limit the payment of special differentials to USAID Foreign Service criminal investigators to levels at which the aggregate of basic pay and special differential for any pay period would equal, for such criminal investigators, the bi-weekly pay limitations on premium pay regularly placed on other criminal investigators within the Federal law enforcement community. This provision shall be retroactive to January 1, 2013.
(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; Pub. L. 114–323, title II, § 206, Dec. 16, 2016, 130 Stat. 1917.)
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–323 added subsec. (b).
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. § 4173 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4173. Congressional oversight of implementation
(a) , (b) Repealed. Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366
(c) Consultation with agency representatives
The Secretary shall consult, in accordance with the procedures set out in section 4113(g) of this title, with the exclusive representative (if any) of members of the Foreign Service in each agency specified in section 4103(a) of this title with respect to steps to be taken in implementing this chapter and reported under section 4001(c)(4) 1 of this title. To that end, each such exclusive representative will have timely access to all relevant information at each stage. Each such report shall include the views of each such exclusive representative on any and all aspects of the report and the information contained in such report.
(Pub. L. 96–465, title II, § 2402, Oct. 17, 1980, 94 Stat. 2168; Pub. L. 100–204, title I, § 185(c)(2), Dec. 22, 1987, 101 Stat. 1366.)
heading: References in Text
text: Section 4001(c)(4) of this title, referred to in subsec. (c), was repealed by Pub. L. 114–323, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1946.
heading: Amendments
text: 1987—Subsecs. (a), (b). Pub. L. 100–204 struck out subsec. (a) which related to report by Secretary of State and its contents and subsec. (b) which related to annual supplemental report and its contents.
Subsec. (c). Pub. L. 100–204 substituted “under section 4001(c)(4) of this title” for “under this section”.