22 USC Ch. 52: Front Matter
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22 USC Ch. 52: Front Matter
From Title 22-FOREIGN RELATIONS AND INTERCOURSECHAPTER 52-FOREIGN SERVICE

CHAPTER 52-FOREIGN SERVICE

SUBCHAPTER I-GENERAL PROVISIONS

Sec.
3901.
Congressional findings and objectives.
3902.
Definitions.
3903.
Members of Service.
3904.
Functions of Service.
3905.
Personnel actions.
(a)
Merit principles; "personnel action" defined.
(b)
Rules and regulations; discrimination; reprisals for disclosure of information; submission of reports, evaluations, or recommendations; freedom from prohibited personnel practices.
(c)
Withholding or disclosure of information to Congress.
(d)
Minority recruitment program; report to Congress.
(e)
Applicability to other judicial or statutory rights or remedies.

        

SUBCHAPTER II-MANAGEMENT OF SERVICE

3921.
Administration by Secretary of State.
3922.
Utilization of Foreign Service personnel system by other agencies.
3922a.
Representation of minorities and women in Foreign Service.
(a)
Development of program.
(b)
Emphasis on mid-levels.
3923.
Compatibility among agencies utilizing Foreign Service personnel system.
3924.
Uniform and consolidated administration of Service.
3925.
Compatibility between Foreign Service and other Government personnel systems.
3926.
Regulations; delegation of functions.
3927.
Chief of mission.
(a)
Duties.
(b)
Duties of agencies with employees in foreign countries.
(c)
Promotion of United States goods and services.
3928.
Director General of Foreign Service.
3929.
Inspector General.
(a)
Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office.
(b)
Subject matter of inspections, investigations, and audits.
(c)
Policies and procedures governing inspection and audit activities; coordination and cooperation with Comptroller General; report to Attorney General on criminal law violations; provision of information to employees; conduct of investigations.
(d)
Reports by Inspector General and Secretary of State.
(e)
Applicability of powers and responsibilities under other statutory provisions; assignment of Service employees to Inspector General; participation in formal interviews.
(f)
Reception and investigation of complaints or information; disclosure of identity of informer.
(g)
Review of activities and operations of chiefs of mission.
3929a.
Abolishment of Inspector General of Department of State and Foreign Service.
3930.
Board of Foreign Service.
3931.
Board of Examiners.
(a)
Establishment; membership; chairman.
(b)
Review of examinations; report to Secretary of State.
(c)
Vacancies.

        

SUBCHAPTER III-APPOINTMENTS

3941.
General provisions.
(a)
Citizenship requirement.
(b)
Examinations.
(c)
Veteran or disabled veteran.
(d)
Career and noncareer appointments.
3942.
Appointments by the President.
3943.
Appointments by the Secretary.
3944.
Chiefs of Mission.
(a)
Qualifications; preference for career members; political contributions as factor in appointment; demonstrated competency report.
(b)
Furnishing of information by Secretary; political campaign contributions report.
3945.
Senior Foreign Service.
(a)
Salary class.
(b)
Limited appointment.
(c)
Appointments by Secretary of Commerce.
(d)
Recertification process.
3946.
Career appointments.
(a)
Trial period under limited appointment.
(b)
Decisions by Secretary.
(c)
Foreign Service Grievance Board decisions.
3947.
Entry levels for Foreign Service officer candidates.
3948.
Recall and reappointment of career members.
(a)
Retired career members.
(b)
Former career members.
3949.
Limited appointments.
3950.
Reemployment rights following limited appointment.
3951.
United States citizens hired abroad.
(a)
Appointment of family members.
(b)
Family nexus as affirmative hiring factor.
(c)
Compensation of family and non-family member employees.
(d)
Non-family member employees ineligible for certain benefits.
3952.
Diplomatic and consular missions.
(a)
Recommendations by Secretary of State; appointment by President; vice consul; performance of official functions under commission.
(b)
Function of commissioned Service members.
(c)
Limits of consular districts.

        

SUBCHAPTER IV-COMPENSATION

3961.
Salaries of chiefs of mission.
3962.
Salaries of Senior Foreign Service members.
(a)
Prescription by President; basic salary rates; adjustments; determinations by Secretary.
(b)
Career appointees in Senior Executive Service accepting limited appointment in Senior Foreign Service; adjustment.
3963.
Foreign Service Schedule.
3964.
Assignments to salary class.
3965.
Performance pay.
(a)
Eligibility; additional lump sum payment; excessive compensation not precluding award.
(b)
Criteria; limitations.
(c)
Determination of amount by Secretary; distribution on basis of selection board recommendations.
(d)
Recommendations for meritorious or distinguished service awards.
(e)
Recognition in lieu of award.
3966.
Within-class salary increases.
(a)
Time period; limitation.
(b)
Additional increase for meritorious service.
3967.
Salaries for Foreign Service personnel abroad who perform routine duties.
3968.
Local compensation plans.
(a)
Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund.
(b)
Employment programs.
(c)
Regulations.
3969.
Salaries of consular agents.
3970.
Compensation for imprisoned foreign national employees.
(a)
Eligibility; rates of compensation; terms and conditions of payment; applicability of powers under other statutory provisions.
(b)
Time spent imprisoned considered as period of employment.
(c)
Time of filing of claims.
(d)
Regulations.
3971.
Temporary service as principal officer.
3972.
Special differentials.
(a)
Additional work requirements.
(b)
Repealed.
(c)
Compensatory time off.
3973.
Death gratuities.
(a)
Criteria; amount; payment deemed gift.
(b)
Eligibility to elect monthly compensation as condition to payment.
(c)
Order of payment.
(d)
Definitions.
3974.
Border equalization pay adjustment.
(a)
In general.
(b)
Employee defined.
(c)
Treatment as basic pay.
(d)
Regulations.

        

SUBCHAPTER V-CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

3981.
Authority of Secretary.
3982.
Assignments to Foreign Service positions.
(a)
Positions assignable; basis for assignment.
(b)
Filling of positions by members of Service; employment of members of State Department and other agencies.
(c)
Charge d'affaires.
(d)
Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization.
3983.
Assignments to non-Service and other positions.
(a)
Positions assignable.
(b)
Salary; travel and other expenses.
(c)
Length of assignment.
3984.
Service in United States and abroad.
(a)
Obligation to serve abroad; length of stay in United States.
(b)
Intermittent duty within United States.
(c)
Sabbaticals.
3985.
Temporary details.

        

SUBCHAPTER VI-PROMOTION AND RETENTION

4001.
Promotions.
(a)
Method of promotion.
(b)
Recommendations and rankings of selection boards.
(c)
Eligibility; request for promotion; time of consideration; withdrawal of request; basis for decision; affidavits.
4002.
Establishment of selection boards.
(a)
Evaluation of performance; recommendations.
(b)
Public members; appointment of women and minority groups.
(c)
Disqualification for service on foreign service selection boards.
4003.
Recommendations and rankings.
4004.
Records.
4005.
Implementation of selection board recommendations.
4006.
Other bases for promoting or increasing pay.
4007.
Retirement for expiration of time in class.
(a)
Maximum time.
(b)
Limited career extension.
(c)
Members subject to retirement; reception of retirement benefits.
(d)
Extensions.
4008.
Retirement based on failure to meet standard of performance.
4009.
Retirement benefits.
(a)
Entitlement.
(b)
Computation of amount; refund; death of member.
4010.
Separation for cause.
(a)
Authorization of Secretary; hearing prior to separation; waiver of hearing; suspension pending final resolution.
(b)
Refund of contributions to Fund; annuity election.
4010a.
Reductions in force.
(a)
Authorization and regulations.
(b)
Applicability of retirement benefits.
(c)
Grievance procedure.
4011.
Termination of limited appointments.
4012.
Termination of appointments of consular agents and foreign national employees.
4012a.
Foreign national employees separation pay.
(a)
Establishment.
(b)
Funding.
(c)
Availability.
(d)
Expenditures from fund.
4013.
Foreign Service awards.

        

SUBCHAPTER VII-CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

4021.
Institution for training.
(a)
Institution or center for training.
(b)
Provision of training.
(c)
Training and instruction to citizens of Trust Territory of the Pacific Islands.
(d)
Training and instruction of employees of foreign governments.
(e)
Training or services for United States person.
(f)
Programs for Members of Congress or the Judiciary.
(g)
Applicability of section 4024 of this title.
4022.
Foreign language requirements.
(a)
In general.
(b)
Training.
(c)
Report.
4023.
Career development program.
(a)
Establishment; primary attention and emphasis.
(b)
Primary direction for Junior Foreign Service officer training and midcareer training.
(c)
Purpose; completion of training as condition for placement or appointment.
(d)
University degree credit.
(e)
Institutions conducting training.
4024.
Functions of Secretary.
(a)
Nature and correlation of training and instruction; encouragement of complementary programs; employment of personnel; acquisition of property and equipment.
(b)
Payment of salary, tuition, and other expenses; special monetary or other incentives.
(c)
Orientation and training for family members.
(d)
Training and certification for employees performing consular functions.
4025.
Training grants.
(a)
Family members attending approved programs of study; limitations.
(b)
Compensation for individuals unable to participate in language training furnished by Government.
4026.
Career counseling.
(a)
Facilitation of transition from Service.
(b)
Facilitation of employment of spouses of members; establishment of family liaison office.
4027.
Visiting Scholars Program.
(a)
Establishment of program.
(b)
Selection and appointment of scholars.
(c)
Establishment of selection board.
4028.
Training for Foreign Service officers.

        

SUBCHAPTER VIII-FOREIGN SERVICE RETIREMENT AND DISABILITY

Part I-Foreign Service Retirement and Disability System

4041.
Administration.
4042.
Maintenance of Fund.
4043.
Participants.
(a)
Career appointees or candidates; chiefs of mission.
(b)
Executive branch appointees.
(c)
Binational Center Grantees.
(d)
Exclusion.
4044.
Definitions.
4045.
Contributions to Fund.
(a)
Rates and sources; deposits in Fund.
(b)
Consent to deduction; discharge and acquittance of claims and demands.
(c)
Transfer of contributions from other Government retirement fund.
(d)
Contribution for civilian service; creditability of interim service.
(e)
Contribution for military or naval service.
(f)
Exemption for certain military or naval service.
(g)
Time of payment; offset against initial annuity accruals.
(h)
Computation of contributions for participants with certain creditable civilian service.
4046.
Computation of annuities.
(a)
Measurements; reduction for special contributions; Foreign Service investigators/inspectors.
(b)
Married participants.
(c)
Surviving children.
(d)
Recomputation for remaining children.
(e)
Payment period for child.
(f)
Unmarried participants.
(g)
Marriage after retirement.
(h)
Election of benefits.
(i)
Reversion to retired status.
(j)
Recomputation upon dissolution of marriage; election after remarriage.
(k)
Informing of rights by Secretary.
(l)
Repealed.
(m)
Offset of Social Security benefits.
(n)
18-month period to elect survivor annuity.
4047.
Payment of annuity.
(a)
Commencement of annuity.
(b)
Survivor's annuity; application; proof of eligibility; payment to estate.
(c)
Waiver.
(d)
Recovery of overpayment.
(e)
Alternate forms of annuities.
4048.
Retirement for disability or incapacity.
(a)
Causes; service credit.
(b)
Physical examination; reinstatement or reappointment upon recovery; fees and expenses; duration and suspension of annuity.
(c)
Benefits upon discontinuance of annuity.
(d)
Election of benefits; concurrent benefits allowed.
(e)
Lump sum disability payments.
(f)
Time of filing application; waiver.
4049.
Death in service.
(a)
Lump-sum credit.
(b)
Surviving spouse.
(c)
Surviving spouse or former spouse, and children.
(d)
Surviving children.
(e)
Service credit; presumption of qualification.
(f)
Recall service.
(g)
Limitation on surviving spouse's annuity.
(h)
Commencement, termination, and resumption of annuities.
4050.
Discontinued service retirement.
4051.
Voluntary retirement.
4052.
Mandatory retirement.
4053.
Reassignment and retirement of former Presidential appointees.
(a)
Reassignment or retirement of participants not eligible for retirement.
(b)
Retirement of participants eligible for retirement.
(c)
Retirement of reemployed participants.
4054.
Former spouses.
(a)
Living Service members.
(b)
Deceased Service members.
(c)
Additional survivor annuity.
4055.
Lump-sum payments.
(a)
Requirements for payment.
(b)
Recall service; return of contributions.
(c)
Difference between annuity and lump-sum credit.
(d)
Lack of eligible survivors.
(e)
Death of annuitant who was former participant.
(f)
Order of precedence for payments.
(g)
Death of survivor annuitant.
(h)
Amount of credit.
(i)
Former spouses.
4056.
Creditable service.
(a)
Applicability of civil service provisions.
(b)
Unused sick leave credit.
(c)
Service with other Government agency when on approved leave without pay; arrangement for payment of retirement deductions and agency contributions; special contribution.
(d)
Special contribution in repayment of refund of retirement contributions.
(e)
Civilian service under other Government retirement system.
(f)
Service in military during period of war or national emergency.
(g)
Recomputation of annuity for participants of Japanese ancestry interned during World War II.
(h)
Service as employees of Member or office of Congress while on approved leave without pay.
(i)
Former spouses.
(j)
Redetermination of credit for military and naval service.
4057.
Extra credit for service at unhealthful posts.
4058.
Estimate of appropriations needed.
4059.
Investment of Fund.
4060.
Assignment and attachment of moneys.
(a)
Annuities and severance pay benefits.
(b)
Participants or annuitants having former spouses.
(c)
Applicability of other provisions of law or remedies.
4061.
Payments for future benefits.
(a)
Statutes deemed to authorize appropriations to Fund to finance unfunded liability.
(b)
Authorization of appropriations to Fund.
4062.
Unfunded liability obligations.
(a)
Notice of interest and military service credit.
(b)
Credit to Fund.
(c)
Reports to Congress.
4063.
Annuity adjustment for recall service.
(a)
Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment.
(b)
Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service.
(c)
Annuitant subject to Foreign Service Pension System.
4064.
Reemployment.
(a)
Termination of annuity; coverage under same retirement system or another contributory retirement system; rights and benefits.
(b)
Part-time, intermittent, or temporary employment; election to continue receiving annuity; reduction in amount of annuity; resumption of full annuity.
(c)
Amount of annuity on resumption; amount resulting from redetermination of rights.
(d)
Annuity rights to be determined under this section.
(e)
Notice; direct payment of salary.
(f)
Recovery of overpayment.
(g)
Waiver.
(h)
Effects of waiver.
4065.
Voluntary contribution account.
(a)
Composition; election and return.
(b)
Computation of benefits.
(c)
Lump-sum payment; time; order of precedence.
4066.
Cost-of-living adjustment of annuities.
(a)
Effective date.
(b)
Applicability of increases under other provisions of law.
(c)
Eligibility for increases.
(d)
Exclusion of additional annuity purchased after retirement by voluntary contribution.
(e)
Rounding off of amount; minimum increases.
(f)
Rate of increase for surviving spouses of annuitants electing reduced annuity.
(g)
Maximum annuity.
4067.
Compatibility between retirement systems.
(a)
Civil Service and Foreign Service Retirement Systems.
(b)
Regulations to implement prescribed by Executive order.
(c)
Federal Employees' Retirement and Foreign Service Pension Systems.
4068.
Remarriage.
4069.
Thrift Savings Fund participation.
4069–1.
Qualified former wives and husbands.
(a)
Construction with provisions relating to compatibility between retirement systems; effective dates.
(b)
Payments to other persons as provided in court order or spousal agreement.
(c)
"Qualified former wife or husband" defined.
(d)
Promulgation of regulations.
4069a.
Retirement benefits for certain former spouses.
(a)
Eligibility; percentage of benefits.
(b)
Disqualification.
(c)
Period of entitlement; construction with other provisions; application approval and payment.
(d)
"Benefits" defined.
(e)
Effect of section on annuity.
(f)
Former spouses of United States Information Agency and Agency for International Development employees.
4069a–1.
Retirement benefits for certain former spouses.
(a)
Eligibility; percentage of benefits.
(b)
Disqualification.
(c)
Period of entitlement; construction with other provisions; application approval and payment.
(d)
"Benefits" defined.
(e)
Effect of section on annuity.
4069b.
Survivor benefits for certain former spouses.
(a)
Eligibility; amount of annuity.
(b)
Election by former spouse.
(c)
Disqualification.
(d)
Period of entitlement; application approval and payment.
(e)
Promulgation of regulations; notification of rights.
(f)
Effect of section on annuity.
(g)
Former spouses of United States Information Agency and Agency for International Development employees.
4069b–1.
Survivor benefits for certain former spouses.
(a)
Eligibility; amount of annuity.
(b)
Election by former spouse.
(c)
Disqualification.
(d)
Period of entitlement; application approval and payment.
(e)
Promulgation of regulations; notification of rights.
(f)
Effect of section on annuity.
4069c.
Health benefits for certain former spouses.
(a)
Eligibility.
(b)
Prerequisites for enrollment; notification of rights.
(c)
Disqualification.
(d)
Prohibition on coverage by more than one plan.
(e)
"Health benefits plan" defined.
(f)
Former spouses of United States Information Agency and Agency for International Development employees.
4069c–1.
Health benefits for certain former spouses.
(a)
Eligibility.
(b)
Prerequisites for enrollment; notification of rights.
(c)
Disqualification.
(d)
Prohibition on coverage by more than one plan.
(e)
"Health benefits plan" defined.

        

Part II-Foreign Service Pension System

4071.
Establishment; application of Federal Employees' Retirement System to Foreign Service Pension System participants.
4071a.
Definitions.
4071b.
Participants.
(a)
Covered members.
(b)
Exclusion of participants in Foreign Service Retirement and Disability System.
(c)
Exclusion of individuals with certain creditable civilian service.
(d)
Exclusion of temporary or intermittent employees.
4071c.
Creditable service.
(a)
Service included.
(b)
Refund of retirement deductions; retirement deduction not made; required deposit; computation of interest.
(c)
Volunteer service; required payment.
(d)
Prior service under other retirement system; waiver of credit and payment into Fund.
(e)
Employees of Members or offices of Congress.
4071d.
Entitlement to annuity.
(a)
Retirement conditions; definitions.
(b)
Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity.
(c)
Annuity supplement.
(d)
Separation for cause based on disloyalty.
4071e.
Deductions and withholdings from pay.
(a)
Basic pay.
(b)
Consent to deductions; discharge of claims.
(c)
Deposit of amounts.
(d)
Entry on individual retirement records.
4071f.
Government contributions.
4071g.
Cost-of-living adjustments.
4071h.
General and administrative provisions.
(a)
Administration by Secretary of State; issuance of regulations.
(b)
Appeal of determinations.
(c)
Periodic valuations by Secretary of the Treasury.
4071i.
Transition provisions.
4071j.
Former spouses.
(a)
Entitlement to share in benefits; conditions; remarriage; payments as income to former spouse; disability annuitants; election regarding method of payment; maximum amount payable.
(b)
Entitlement to survivor benefits; determination of share; disqualification upon remarriage.
(c)
Diminution of entitlement of former spouse prohibited.
(d)
Transfer of participant from Foreign Service Retirement and Disability System; determination of benefit share.
(e)
Death of participant entitled to deferred annuity; spousal agreement; payment of survivor annuity.
4071k.
Spousal agreements.

        

SUBCHAPTER IX-TRAVEL, LEAVE, AND OTHER BENEFITS

4081.
Travel and related expenses.
4082.
Loan of household effects.
4083.
Required leave.
(a)
Criteria; length of continuous service.
(b)
Place leave may be taken.
(c)
Availability for work or duties in Department.
4084.
Health care program.
(a)
Establishment.
(b)
Services provided.
(c)
Facilities; employment of personnel.
(d)
Costs of treatment.
(e)
Death or separation of member.
(f)
Review; medical care contracts.
4085.
Entertainment and representation expenses.
4086.
Entitlement to vote in a State in a Federal election; preconditions; applicability.

        

SUBCHAPTER X-LABOR-MANAGEMENT RELATIONS

4101.
Congressional findings and policy.
4102.
Definitions.
4103.
Application.
(a)
Departments and agencies affected.
(b)
Exclusion of subdivisions.
(c)
Suspension of provisions.
4104.
Employee rights.
4105.
Management rights.
4106.
Foreign Service Labor Relations Board.
(a)
Establishment; composition.
(b)
Chairperson serving concurrently as Chairman of Authority; length of terms; designation of alternate Chairperson.
(c)
Vacancies.
(d)
Holding other Government offices or positions; compensation.
(e)
Removal of members.
4107.
Functions of Foreign Service Labor Relations Board.
(a)
General provisions.
(b)
Consistency or precedence of decisions under other provisions of law.
(c)
Implementation.
4108.
Functions of General Counsel.
4109.
Judicial review and enforcement.
(a)
Persons entitled to maintain action; time of filing; venue.
(b)
Enforcement of order; temporary relief or restraining order.
(c)
Applicability of other provisions of law.
(d)
Unfair labor practices.
4110.
Foreign Service Impasse Disputes Panel.
(a)
Establishment; composition.
(b)
Compensation; travel expenses.
(c)
Impasse investigation and settlement; hearings and other actions upon failure to settle; notice; binding nature of action.
4111.
Exclusive recognition.
(a)
Secret ballot election; majority vote.
(b)
Investigation of petition; hearing; supervision of election; certification of results; length of time between elections.
(c)
Intervention of labor organizations; placement on ballot.
(d)
Eligibility to vote; regulations; choices on ballot; preferential voting; certification as exclusive representative.
(e)
Submission of required material.
(f)
Grounds for denial of exclusive recognition status.
(g)
Waiver of hearings; consent elections.
4112.
Employees represented.
4113.
Representation rights and duties.
(a)
Negotiation of collective bargaining agreements; nondiscriminatory representation.
(b)
Places of representation.
(c)
Duty to bargain in good faith; determination of techniques assisting negotiation.
(d)
Applicability to other employee rights or remedies.
(e)
Obligations included in good faith bargaining.
(f)
Approval of agreement by Secretary; effective date; binding effect.
(g)
Consultation by Department with exclusive representative.
4114.
Resolution of implementation disputes.
(a)
Grievance procedure.
(b)
Review by Foreign Service Labor Relations Board.
(c)
Time of filing exceptions; finality and binding nature of action.
(d)
Judicial review.
4115.
Unfair labor practices.
(a)
Department of State.
(b)
Labor organizations.
(c)
Personal views, arguments, opinions, or statements.
(d)
Election of remedies.
4116.
Prevention of unfair labor practices.
(a)
Investigation by General Counsel; issuance of complaint; statement of reasons.
(b)
Notice in complaint.
(c)
Answer; personal appearance.
(d)
Time of filing of charges.
(e)
Regulations providing for resolution through informal methods.
(f)
Hearing.
(g)
Findings of fact relative to issuance of orders; backpay.
(h)
Findings of fact requiring dismissal of complaint.
4117.
Standards of conduct for labor organizations.
(a)
Freedom from corrupt influences and influences opposed to basic democratic principles.
(b)
Furnishing of information.
(c)
Reports; bonding of officials and other employees; compliance with trusteeship and election standards.
(d)
Regulations; filing of complaints; cease and desist orders.
(e)
Participation in labor organizations restricted.
(f)
Willful and intentional violations.
4118.
Administrative provisions.
(a)
Assignment for deduction of dues.
(b)
Termination of assignment for deduction of dues.
(c)
Negotiations with uncertified labor organizations.
(d)
Official time usage.

        

SUBCHAPTER XI-GRIEVANCES

4131.
Definitions and applicability.
4132.
Grievances concerning former members or their survivors.
4133.
Freedom of action.
(a)
Nature of protection.
(b)
Right to representation.
(c)
Administrative leave for witnesses.
(d)
Records.
(e)
Expedition of security clearance procedures.
4134.
Time limitations.
(a)
3-year period.
(b)
Failure of Department to resolve grievance; grievance filed with Foreign Service Grievance Board.
(c)
Grievances based on alleged discrimination.
4135.
Foreign Service Grievance Board.
(a)
Establishment; composition.
(b)
Appointment and selection of nominees; length of terms; vacancies.
(c)
Compensation.
(d)
Removal.
(e)
Administrative services; payment of expenses; assignment as staff employees of Board; performance evaluation reports; records.
(f)
Report.
4136.
Foreign Service Grievance Board procedures.
4137.
Foreign Service Grievance Board decisions.
(a)
Record; findings of fact and statement of reasons.
(b)
Authority of Department upon finding of meritorious grievance.
(c)
Finality of decisions; judicial review.
(d)
Recommendations.
(e)
Record of grievances; copy to committee of Congress; right of review.
(f)
Alleged discrimination; substantive law to be applied.
4138.
Access to records.
(a)
Review by Foreign Service Grievance Board of decision denying access.
(b)
Access by Foreign Service Grievance Board; relevant and material records; adverse effect on national security or foreign policy.
(c)
Access by grievant.
(d)
Denial of access as factor in determination of grievance.
(e)
Proceedings and decisions of Foreign Service Grievance Board.
4139.
Relationship to other remedies.
4140.
Judicial review.

        

SUBCHAPTER XI–A-FOREIGN SERVICE INTERNSHIP PROGRAM

4141.
Statement of policy; objectives.
(a)
Statement of policy.
(b)
Objectives.
4141a.
Foreign Service Internship Program.
(a)
Establishment.
(b)
Foreign Service Internship Program.
(c)
Eligibility to participate.
(d)
Summer internships.
(e)
Administration.
(f)
Mentors.
(g)
Compensation.
(h)
Study of Foreign Service examination.
4141b.
Report to Congress.
4141c.
Authorization of appropriations.

        

SUBCHAPTER XII-TRANSITION

4151.
Pay and benefits pending conversion.
4152.
Conversion to Foreign Service Schedule.
4153.
Conversion to Senior Foreign Service.
(a)
Criteria; application less than 120 days after effective date of Foreign Service Act of 1980.
(b)
Limited appointment.
(c)
Career appointment.
(d)
Availability for worldwide assignment.
(e)
Application more than 120 days after effective date of Foreign Service Act of 1980.
(f)
Forced conversion.
4154.
Conversion from Foreign Service.
(a)
Individuals serving under appointment.
(b)
United States Information Agency individuals.
(c)
Department of State security officers.
4155.
Conversion of certain positions in Department of Agriculture.
(a)
Designation and classification of positions to be occupied; notice.
(b)
Election to convert.
(c)
Recommendations for appointment.
(d)
Results of declining to convert.
4156.
Preservation of status and benefits.
(a)
Conversion to class, grade, or step corresponding to level prior to conversion; reduction in position or salary; conversion from Foreign Service under section 4154 of this title.
(b)
Participation in Foreign Service Retirement and Disability System.
(c)
Conversion to type of appointment corresponding in tenure to that prior to conversion.
(d)
Reappointment resulting from enactment of Foreign Service Act of 1980.
(e)
Deferment of retirement provisions.
4157.
Regulations.
4158.
Authority of other agencies.
4159.
Survivor benefits for certain former spouses.
(a)
Eligible participants; election of benefits.
(b)
Time of election.
(c)
Portion of annuity as basis for benefits.
(d)
Amount of reduction; effective date.
(e)
Definitions.

        

SUBCHAPTER XIII-MISCELLANEOUS

4171.
Model foreign language competence posts.
(a)
Designation of posts; time of designation and implementation; determination of competency standards.
(b)
Continuation; report to Congress concerning operation of posts and advantages of meeting competency requirements.
(c)
Exceptions; report to Congress.
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.
(b)
Increase in annuity or other right to benefits.
(c)
Cross references.
4173.
Congressional oversight of implementation.
(a),
(b) Repealed.
(c)
Consultation with agency representatives.

        

SUBCHAPTER XIV-POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS GENERALLY

4191.
General application of provisions to consular officers.
4192.
Repealed.
4193.
Protests.
4194.
Lists and returns of seamen and vessels, etc.
4195.
Repealed.
4196.
Notification of death of decedent; transmission of inventory of effects.
4197.
Following testamentary directions; assistance to testamentary appointee.
4198.
Bond as administrator or guardian; action on bond.
4199.
Penalty for failure to give bond and for embezzlement.
4200.
Certification of invoices generally.
4201.
Fees for certification of invoices.
4202.
Exaction of excessive fees for verification of invoices; penalty.
4203.
Destruction of old invoices.
4204.
Restriction as to certificate for goods from countries adjacent to United States.
4205.
Retention of papers of American vessels until payment of demands and wages.
4206.
Fees for services to American vessels or seamen prohibited.
4207.
Profits from dealings with discharged seamen; prohibition.
4208.
Valuation of foreign coins in payment of fees.
4209.
Exaction of excessive fees generally; penalty of treble amount.
4210.
Liability for uncollected fees.
4211.
Returns as to fees by officers compensated by fees.
4212 to 4214. Repealed.
4215.
Notarial acts, oaths, affirmations, affidavits, and depositions; fees.
4216.
Posting rates of fees.
4217.
Embezzlement of fees or of effects of American citizens.
4218.
False certificate as to ownership of property.
4219.
Regulation of fees by President.
4220.
Medium for payment of fees.
4221.
Depositions and notarial acts; perjury.
4222.
Authentication of documents of State of Vatican City by consular officer in Rome.
4223.
General duty to account for fees.
4224.
Fees; accounting; stamps.
4225.
Fiscal districts; establishment; district accounting and disbursing offices; personnel; duties.
4226.
Fees and official monies from diplomatic missions, consular offices and district accounting and disbursing offices; disposition.

        

Codification

Provisions of this chapter are derived from the Foreign Service Act of 1946, former section 801 et seq. of this title, and related and miscellaneous provisions as follows:

 
NewOld
3901 801
3902 802
3903 861
3904 841
3905 807
3921 811a
3922 1224, 2385, 2506
3923 1225
3924
3925 1225
3926 842, 843
3927 2680a
3928 811a, 821
3929 2384 note
3930 826
3931 827
3941 910, 922, 939, 1234
3942 901, 911, 961
3943 922, 929, 936, 946, 951
3944 900, 901a, 902
3945 906
3946 911, 929
3947 911, 912
3948 915
3949 922, 936
3950 928
3951 889 note, 2693
3952 907, 908, 924, 938, 1231
3961 866, 881
3962, 3963
3964 868
3965
3966 995, 1017
3967
3968 889, 2693
3969 873, 890
3970 889
3971 876, 877
3972 896
3973 2679a
3981 886
3982 901
3983 961, 964, 966
3984 961, 962, 966
3985
4001 991
4002 993
4003 986, 996
4004 987
4005, 4006 993
4007, 4008 1003, 2385, 2506
4009 1004, 2506
4010 1007
4011 1005, 1008
4012 1027, 1028, 1031
4013
4021 1041
4022 968, 2385
4023
4024 1042–1045, 1047, 1048
4025 1048
4026 1009, 2693
4041 1061
4042 1062
4043 929, 1063, 1229, 2385
4044 1064, 1086
4045 1071, 1086
4046 1076
4047 1076a
4048 1081
4049 1082
4050 1084
4051 1006
4052 1001, 1002
4053 914
4054
4055 1086
4056 1091
4057 1093
4058 1101
4059 1103
4060 1004, 1104
4061 1105
4062 1106
4063 1111
4064 1112
4065 1116
4066 1121
4067 1065
4081 966, 1136, 1138, 1157
4082 1137
4083 1148
4084 1156, 1158–1160
4085 1131
4101–4118
4131–4138 1037a
4139 1037b
4140 1037c
4151–4159
4171–4173
4191–4215 1171–1195
4216 1197
4217 1198
4218–4222 1200–1204
4223 99
4224–4226 812–814

Foreign Commercial Service

For authority of Secretary of Commerce to establish a Foreign Commercial Service in Department of Commerce, see section 1–104 of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 991, as amended, set out as a note under section 2171 of Title 19, Customs Duties.

Chapter Referred to in Other Sections

This chapter is referred to in sections 285a, 290g–l, 290i–2, 1474, 1928, 2021, 2024, 2385, 2391, 2396, 2504, 2506, 2514, 2605, 2664a, 2684, 3503, 4823 of this title; title 5 sections 5102, 5721, 5724; title 15 section 4721; title 38 section 707; title 42 section 5055.