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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: Editorial Notes
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 of chapter 20 of Title 42, The Public Health and Welfare, and which was repealed by Pub.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. § 4103 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4103. Application
(a) Departments and agencies affected
This subchapter applies only with respect to the Department of State, the Broadcasting Board of Governors, the Agency for International Development, the Department of Agriculture, and the Department of Commerce.
(b) Exclusion of subdivisions
The President may by Executive order exclude any subdivision of the Department from coverage under this subchapter if the President determines that—
(1) the subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
(2) the provisions of this subchapter cannot be applied to that subdivision in a manner consistent with national security requirements and considerations.
(c) Suspension of provisions
The President may by Executive order suspend any provision of this subchapter with respect to any post, bureau, office, or activity of the Department, if the President determines in writing that the suspension is necessary in the interest of national security because of an emergency.
(Pub. L. 96–465, title I, § 1003, Oct. 17, 1980, 94 Stat. 2130; Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(k)(3), title XIV, § 1422(b)(4)(C), Oct. 21, 1998, 112 Stat. 2681–789, 2681–793.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–277, § 1422(b)(4)(C), substituted “Agency for International Development” for “United States International Development Cooperation Agency”.
Pub. L. 105–277, § 1335(k)(3), substituted “Broadcasting Board of Governors” for “United States Information Agency”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(22) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
“United States Information Agency” substituted for “International Communication Agency” in subsec. (a), pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of this title.
heading: Effective Date of 1998 Amendment
text: Amendment by section 1335(k)(3) of Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of this title.
Amendment by section 1422(b)(4)(C) of Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of this title.
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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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) 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: Editorial Notes
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: Editorial Notes
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: Executive Documents
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. § 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: Editorial Notes
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.
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: Editorial Notes
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”.
22 U.S.C. § 4191 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4191. General application of provisions to consular officers
The various provisions of title 18 of the Revised Statutes which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of such officers and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe, so far as may be consistent with the subject matter of the same and with the treaties of the United States.
(R.S. § 1689; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(b), Oct. 21, 1998, 112 Stat. 2681–818.)
heading: Editorial Notes
heading: References in Text
text: Title 18 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title 18 of the Revised Statutes, consisting of R.S. §§ 1674 to 1752, and insofar as classified to the Code, is classified to sections 4191, 4193 to 4197, 4200, 4202, 4204, 4205, 4207 to 4214, and 4216 to 4221 of this title. For complete classification of R.S. §§ 1674 to 1752 to the Code, see Tables.
heading: Codification
text: R.S. § 1689 derived from act Aug. 18, 1856, ch. 127, § 31, 11 Stat. 64.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1171 of this title, and prior thereto to section 53 of this title.
heading: Amendments
text: 1998—Pub. L. 105–277 inserted “and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe” after “such officers”.