US (United States) Code. Title 22. Chapter 52: Foreign Service

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-HEAD-

Sec. 4071j. Former spouses

-STATUTE-

(a) Entitlement to share in benefits; conditions; remarriage;

payments as income to former spouse; disability annuitants;

election regarding method of payment; maximum amount payable

(1)(A) Unless otherwise expressly provided by any spousal

agreement or court order governing disposition of benefits under

this part, a former spouse of a participant or former participant

is entitled, during the period described in subparagraph (B), to a

share (determined under paragraph (2)) of all benefits otherwise

payable to such participant under this part if such former spouse

was married to the participant for at least 10 years during service

of the participant which is creditable under this subchapter with

at least 5 of such years occurring while the participant was a

member of the Foreign Service.

(B) The period referred to in subparagraph (A) is the period

which begins on the first day of the month following the month in

which the divorce or annulment becomes final and ends on the last

day of the month before the former spouse dies or remarries before

55 years of age.

(2) The share referred to in paragraph (1) equals -

(A) 50 percent, if such former spouse was married to the

participant throughout the actual years of service of the

participant which are creditable under this subchapter; or

(B) a pro rata share of 50 percent, if such former spouse was

not married to the participant throughout such creditable

service.

(3) A former spouse shall not be qualified for any benefit under

this subsection if, before the commencement of any benefit, the

former spouse remarries before becoming 55 years of age.

(4)(A) For purposes of title 26, payments to a former spouse

under this section shall be treated as income to the former spouse

and not to the participant.

(B) Any reduction in payments to a participant or former

participant as a result of payments to a former spouse under this

subsection shall be disregarded in calculating -

(i) the survivor annuity for any spouse, former spouse, or

other survivor under this part, and

(ii) any reduction in the annuity of the participant to provide

survivor benefits under this part.

(5) Notwithstanding subsection (a)(1) of this section, in the

case of any former spouse of a disability annuitant -

(A) the annuity of the former spouse shall commence on the date

the participant would qualify, on the basis of his or her

creditable service, for an annuity under this subchapter (other

than a disability annuity) or the date the disability annuity

begins, whichever is later, and

(B) the amount of the annuity of the former spouse shall be

calculated on the basis of the annuity for which the participant

would otherwise so qualify.

(6)(A) Except as provided in subparagraph (B), any former spouse

who becomes entitled to receive any benefit under this part which

would otherwise be payable to a participant or former participant

shall be entitled to make any election regarding method of payment

to such former spouse that such participant would have otherwise

been entitled to elect, and the participant may elect an alternate

method for the remaining share of such benefits. Such elections

shall not increase the actuarial present value of benefits expected

to be paid under this part.

(B) A former spouse may not elect a method of payment under

subchapter II, chapter 84 of title 5, providing for payment of a

survivor annuity to any survivor of the former spouse.

(7) The maximum amount payable to any former spouse pursuant to

this subsection shall be the difference, if any, between 50 percent

of the total benefits authorized to be paid to a former participant

by this part, disregarding any apportionment of these benefits to

others, and the aggregate amount payable to all others at any one

time.

(b) Entitlement to survivor benefits; determination of share;

disqualification upon remarriage

(1) Unless otherwise expressly provided for by any spousal

agreement or court order governing survivorship benefits under this

part to a former spouse married to a participant or former

participant for the periods specified in subsection (a)(1)(A) of

this section, such former spouse is entitled to a share, determined

under subsection (b)(2) of this section, of all survivor benefits

that would otherwise be payable under this part to an eligible

surviving spouse of the participant.

(2) The share referred to in subsection (b)(1) of this section

equals -

(A) 100 percent if such former spouse was married to the

participant throughout the entire period of service of the

participant which is creditable under this subchapter; or

(B) a pro rata share of 100 percent if such former spouse was

not married to the participant throughout such creditable

service.

(3) A former spouse shall not be qualified for any benefit under

this subsection if, before the commencement of any benefit, the

former spouse remarries before becoming 55 years of age.

(c) Diminution of entitlement of former spouse prohibited

A participant or former participant may not make any election or

modification of election under section 8417, 8418, or 8433 of title

5 or other section relating to the participant's account in the

Thrift Savings Plan or annuity under the basic plan that would

diminish the entitlement of a former spouse to any benefit granted

to the former spouse by this section or in a current spousal

agreement.

(d) Transfer of participant from Foreign Service Retirement and

Disability System; determination of benefit share

If a member becomes a participant under this part after

qualifying for benefits under part I of this subchapter and, at the

time of transfer, has a former spouse entitled to benefits under

part I of this subchapter which are determined under section 4054

or 4055 of this title (as determined by the Secretary of State) and

are similar in amount to a pro rata share division under section

4054 or 4055 of this title and the service of the member as a

participant under this part is not recognized in determining that

pro rata share, then subsections (a) and (b) of this section shall

not apply to such former spouse. Otherwise, subsections (a) and (b)

of this section shall apply.

(e) Death of participant entitled to deferred annuity; spousal

agreement; payment of survivor annuity

If a participant dies after completing at least 18 months of

service or a former participant dies entitled to a deferred

annuity, but before becoming eligible to receive the annuity, and

such participant or former participant has left with the Secretary

of State a spousal agreement promising a share of a survivor

annuity under subchapter IV, chapter 84, title 5, to a former

spouse, such survivor annuity shall be paid under the terms of this

part as if the survivor annuity had been ordered by a court.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 861, as added Pub. L. 99-335, title

IV, Sec. 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-556, title IV,

Sec. 407, Oct. 27, 1986, 100 Stat. 3139.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(4)(A). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

Subsec. (b)(3). Pub. L. 99-556 added par. (3).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section

408 of Pub. L. 99-556, set out as a note under section 4046 of this

title.

-End-

-CITE-

22 USC Sec. 4071k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER VIII - FOREIGN SERVICE RETIREMENT AND DISABILITY

Part II - Foreign Service Pension System

-HEAD-

Sec. 4071k. Spousal agreements

-STATUTE-

A spousal agreement is any written agreement (properly

authenticated as determined by the Secretary of State) between a

participant or former participant and his or her spouse or former

spouse on file with the Secretary of State. A spousal agreement

shall be consistent with the terms of this chapter and applicable

regulations and, if executed at the time a participant or former

participant is currently married, shall be approved by such current

spouse. It may be used to fix the level of benefits payable under

this part to a spouse or former spouse.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 862, as added Pub. L. 99-335, title

IV, Sec. 415, June 6, 1986, 100 Stat. 621.)

-REFTEXT-

REFERENCES IN TEXT

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 (Sec. 3901 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 3901 of this title and Tables.

-End-

-CITE-

22 USC SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2151aa, 4153 of this

title; title 7 section 1766c; title 26 section 912; title 31

section 325; title 42 section 242l; title 50 section 403e.

-End-

-CITE-

22 USC Sec. 4081 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4081. Travel and related expenses

-STATUTE-

The Secretary may pay the travel and related expenses of members

of the Service and their families, including costs or expenses

incurred for -

(1) proceeding to and returning from assigned posts of duty;

(2) authorized or required home leave;

(3) family members to accompany, precede, or follow a member of

the Service to a place of temporary duty;

(4) representational travel within the country to which the

member of the Service is assigned or, when not more than one

family member participates, outside such country;

(5) obtaining necessary medical care for an illness, injury, or

medical condition while abroad in a locality where there is no

suitable person or facility to provide such care (without regard

to those laws and regulations limiting or restricting the

furnishing or payment of transportation and traveling expenses),

as well as expenses for -

(A) an attendant or attendants for a member of the Service or

a family member who is too ill to travel unattended or for a

family member who is too young to travel alone, and

(B) a family member incapable of caring for himself or

herself if he or she remained at the post at which the member

of the Service is serving;

(6) rest and recuperation travel of members of the Service who

are United States citizens, and members of their families, while

serving at locations abroad specifically designated by the

Secretary for purposes of this paragraph, to -

(A) other locations abroad having different social, climatic,

or other environmental conditions than those at the post at

which the member of the Service is serving, or

(B) locations in the United States;

except that, unless the Secretary otherwise specifies in

extraordinary circumstances, travel expenses under this paragraph

shall be limited to the cost for a member of the Service, and for

each member of the family of the member, of 1 round trip during

any continuous 2-year tour unbroken by home leave and of 2 round

trips during any continuous 3-year tour unbroken by home leave;

(7) removal of the family members of a member of the Service,

and the furniture and household and personal effects (including

automobiles) of the family, from a Foreign Service post where

there is imminent danger because of the prevalence of disturbed

conditions, and the return of such individuals, furniture, and

effects to such post upon the cessation of such conditions, or to

such other Foreign Service post as may in the meantime have

become the post to which the member of the Service has been

reassigned;

(8) trips by a member of the Service for purposes of family

visitation in situations where the family of the member is

prevented by official order from accompanying the member to, or

has been ordered from, the assigned post of the member because of

imminent danger due to the prevalence of disturbed conditions,

except that -

(A) with respect to any such member whose family is located

in the United States, the Secretary may pay the costs and

expenses for not to exceed two round trips in a 12-month

period; and

(B) with respect to any such member whose family is located

abroad, the Secretary may pay such costs and expenses for trips

in a 12-month period as do not exceed the cost of 2 round trips

(at less than first class) to the District of Columbia;

(9) roundtrip travel to or from an employee's post of

assignment for purposes of family visitation in emergency

situations involving personal hardship, except that payment for

travel by family members to an employee's post of assignment may

be authorized under this paragraph only where the family of the

member is prevented by official order from residing at such

post.(!1)

(10) preparing and transporting to the designated home in the

United States or to a place not more distant, the remains of a

member of the Service, or of a family member of a member of the

Service, who dies abroad or while in travel status or, if death

occurs in the United States, transport of the remains to the

designated home in the United States or to a place not more

distant;

(11) transporting the furniture and household and personal

effects of a member of the Service (and of his or her family) to

successive posts of duty and, on separation of a member from the

Service, to the place where the member will reside (or if the

member has died, to the place where his or her family will

reside);

(12) packing and unpacking, transporting to and from a place of

storage, and storing the furniture and household and personal

effects of a member of the Service (and of his or her family) -

(A) when the member is absent from his or her post of

assignment under orders or is assigned to a Foreign Service

post to which such furniture and household and personal effects

cannot be taken or at which they cannot be used, or when it is

in the public interest or more economical to authorize storage;

(B) in connection with an assignment of the member to a new

post, except that costs and expenses may be paid under this

subparagraph only for the period beginning on the date of

departure from his or her last post or (in the case of a new

member) on the date of departure from the place of residence of

the member and ending on the earlier of the date which is 3

months after arrival of the member at the new post or the date

on which the member establishes residence quarters, except that

in extraordinary circumstances the Secretary may extend this

period for not more than an additional 90 days; and

(C) in connection with separation of the member from the

Service, except that costs or expenses may not be paid under

this subparagraph for storing furniture and household and

personal effects for more than 3 months, except that in

extraordinary circumstances the Secretary may extend this

period for not more than an additional 90 days;

(13) transporting, for or on behalf of a member of the Service,

a privately owned motor vehicle in any case in which the

Secretary determines that water, rail, or air transportation of

the motor vehicle is necessary or expedient for all or any part

of the distance between points of origin and destination, but

transportation may be provided under this paragraph for only one

motor vehicle of a member during any 48-month period while the

member is continuously serving abroad, except that another motor

vehicle may be so transported as a replacement for such motor

vehicle if such replacement -

(A) is determined, in advance, by the Secretary to be

necessary for reasons beyond the control of the member and in

the interest of the Government, or

(B) is incident to a reassignment when the cost of

transporting the replacement motor vehicle does not exceed the

cost of transporting the motor vehicle that is replaced;

(14) the travel and relocation of members of the Service, and

members of their families, assigned to or within the United

States (or any territory or possession of the United States or

the Commonwealth of Puerto Rico), including assignments under

subchapter VI of chapter 33 of title 5 (notwithstanding section

3375(a) of such title, if an agreement similar to that required

by section 3375(b) of such title is executed by the member of the

Service); and

(15) 1 round-trip per year for each child below age 21 of a

member of the Service assigned abroad -

(A) to visit the member abroad if the child does not

regularly reside with the member and the member is not

receiving an education allowance or educational travel

allowance for the child under section 5924(4) of title 5; or

(B) to visit the other parent of the child if the other

parent resides in a country other than the country to which the

member is assigned and the child regularly resides with the

member and does not regularly attend school in the country in

which the other parent resides,

except that a payment under this paragraph may not exceed the

cost of round-trip travel between the post to which the member is

assigned and the residence of the other parent, or between the

post to which the member is assigned and the residence of the

child if the child does not reside with a parent.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 901, Oct. 17, 1980, 94 Stat. 2124;

Pub. L. 101-246, title I, Sec. 148, Feb. 16, 1990, 104 Stat. 38;

Pub. L. 102-138, title I, Secs. 145, 146, Oct. 28, 1991, 105 Stat.

668, 669; Pub. L. 107-228, div. A, title III, Secs. 315(a), 328,

Sept. 30, 2002, 116 Stat. 1379, 1387.)

-STATAMEND-

AMENDMENT OF PARAGRAPH (8)

Pub. L. 107-228, div. A, title III, Sec. 315(a), (c), Sept. 30,

2002, 116 Stat. 1379, provided that, effective on the date on which

guidance for implementation of this amendment is issued by the

Secretary of State, par. (8) of this section is amended by striking

"Service" and inserting "Service, and members of his or her

family,".

-MISC1-

AMENDMENTS

2002 - Par. (15). Pub. L. 107-228, Sec. 328, in concluding

provisions, substituted "residence of the other parent, or between

the post to which the member is assigned and the residence of the

child if the child does not reside with a parent" for "port of

entry in the contiguous 48 States which is nearest to that post".

1991 - Par. (10). Pub. L. 102-138, Sec. 146, inserted before

semicolon "or, if death occurs in the United States, transport of

the remains to the designated home in the United States or to a

place not more distant".

Par. (12)(B). Pub. L. 102-138, Sec. 145(1), inserted before

semicolon ", except that in extraordinary circumstances the

Secretary may extend this period for not more than an additional 90

days".

Par. (12)(C). Pub. L. 102-138, Sec. 145(2), inserted before

semicolon ", except that in extraordinary circumstances the

Secretary may extend this period for not more than an additional 90

days".

1990 - Par. (9). Pub. L. 101-246 amended par. (9) generally.

Prior to amendment, par. (9) read as follows: "round-trip travel

from a location abroad for purposes of family visitation in

emergency situations involving personal hardship;".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-228, div. A, title III, Sec. 315(c), Sept. 30, 2002,

116 Stat. 1379, provided that: "The amendment made by subsection

(a) [amending this section] shall take effect on the date on which

guidance for implementation of such amendment is issued by the

Secretary."

[For definition of "Secretary" as used in section 315(c) of Pub.

L. 107-228, set out above, see section 3 of Pub. L. 107-228, set

out as a note under section 2651 of this title.]

PROMULGATION OF GUIDANCE

Pub. L. 107-228, div. A, title III, Sec. 315(b), Sept. 30, 2002,

116 Stat. 1379, provided that: "The Secretary shall promulgate

guidance for the implementation of the amendment made by subsection

(a) [amending this section] to ensure its implementation in a

manner which does not substantially increase the total amount of

travel expenses paid or reimbursed by the Department for travel

under section 901 of the Foreign Service Act of 1980 (22 U.S.C.

4081)."

[For definitions of "Secretary" and "Department" as used in

section 315(b) of Pub. L. 107-228, set out above, see section 3 of

Pub. L. 107-228, set out as a note under section 2651 of this

title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 143a; title 10

sections 1599b, 1605; title 28 section 530A; title 37 section 431;

title 38 section 707.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

22 USC Sec. 4082 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4082. Loan of household effects

-STATUTE-

The Secretary may, as a means of eliminating transportation

costs, provide members of the Service with basic household

furnishing and equipment for use on a loan basis in personally

owned or leased residences.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 902, Oct. 17, 1980, 94 Stat. 2127.)

-End-

-CITE-

22 USC Sec. 4083 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4083. Required leave

-STATUTE-

(a) Criteria; length of continuous service

The Secretary may order a member of the Service (other than a

member employed under section 3951 of this title) who is a citizen

of the United States to take a leave of absence under section 6305

of title 5 (without regard to the introductory clause of subsection

(a) of that section), upon completion by that member of 18 months

of continuous service abroad. The Secretary shall order on such a

leave of absence a member of the Service (other than a member

employed under section 3951 of this title) who is a citizen of the

United States as soon as possible after completion by that member

of 3 years of continuous service abroad.

(b) Place leave may be taken

Leave ordered under this section may be taken in the United

States, its territories and possessions, or the Commonwealth of

Puerto Rico.

(c) Availability for work or duties in Department

While on a leave of absence ordered under this section, the

services of any member of the Service shall be available for such

work or duties in the Department or elsewhere as the Secretary may

prescribe, but the time of such work or duties shall not be counted

as leave.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 903, Oct. 17, 1980, 94 Stat. 2127;

Pub. L. 103-236, title I, Sec. 180(a)(8), Apr. 30, 1994, 108 Stat.

416.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236 inserted "(other than a

member employed under section 3951 of this title)" after "member of

the Service" in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1605; title 37

section 431; title 38 section 707.

-End-

-CITE-

22 USC Sec. 4084 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4084. Health care program

-STATUTE-

(a) Establishment

The Secretary of State shall establish a health care program to

promote and maintain the physical and mental health of members of

the Service, and (when incident to service abroad) other designated

eligible Government employees, and members of the families of such

members and employees.

(b) Services provided

Any such health care program may include (1) medical examinations

for applicants for employment, (2) medical examinations and

inoculations or vaccinations, and other preventive and remedial

care and services as necessary, for members of the Service and

employees of the Department who are citizens of the United States

and for members of their families, (3) health education and disease

prevention programs for all employees, and (4) examinations

necessary in order to establish disability or incapacity of

participants in the Foreign Service Retirement and Disability

System or Foreign Service Pension System or to provide survivor

benefits under subchapter VIII of this chapter.

(c) Facilities; employment of personnel

The Secretary of State may establish health care facilities and

provide for the services of physicians, nurses, or other health

care personnel at Foreign Service posts abroad at which, in the

opinion of the Secretary of State, a sufficient number of

Government employees are assigned to warrant such facilities or

services.

(d) Costs of treatment

If an individual eligible for health care under this section

incurs an illness, injury, or medical condition which requires

treatment while assigned to a post abroad or located overseas

pursuant to Government authorization, the Secretary may pay the

cost of such treatment.

(e) Death or separation of member

Health care may be provided under this section to a member of the

Service or other designated eligible Government employee after the

separation of such member or employee from Government service.

Health care may be provided under this section to a member of the

family of a member of the Service or of a designated eligible

Government employee after the separation from Government service or

the death of such member of the Service or employee or after

dissolution of the marriage.

(f) Review; medical care contracts

The Secretary of State shall review on a continuing basis the

health care program provided for in this section. Whenever the

Secretary of State determines that all or any part of such program

can be provided for as well and as cheaply in other ways, the

Secretary may, for such individuals, locations, and conditions as

the Secretary of State deems appropriate, contract for health care

pursuant to such arrangements as the Secretary deems appropriate.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 904, Oct. 17, 1980, 94 Stat. 2127;

Pub. L. 99-93, title I, Sec. 122, Aug. 16, 1985, 99 Stat. 413; Pub.

L. 100-238, title II, Sec. 243, Jan. 8, 1988, 101 Stat. 1776; Pub.

L. 107-228, div. A, title III, Sec. 316, Sept. 30, 2002, 116 Stat.

1379.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-228 substituted "families, (3)

health education and disease prevention programs for all employees,

and (4)" for "families, and (3)".

1988 - Subsec. (b). Pub. L. 100-238 inserted "or Foreign Service

Pension System" after "System".

1985 - Subsec. (a). Pub. L. 99-93, Sec. 122(1), substituted

"shall" for "may".

Subsec. (b). Pub. L. 99-93, Sec. 122(2), inserted ", and other

preventive and remedial care and services as necessary,".

Subsec. (d). Pub. L. 99-93, Sec. 122(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "If an

individual eligible for health care under this section incurs an

illness, injury, or medical condition while abroad which requires

hospitalization or similar treatment, the Secretary may pay all or

part of the cost of such treatment. Limitations on such payments

established by regulation may be waived whenever the Secretary

determines that the illness, injury, or medical condition clearly

was caused or materially aggravated by the fact that the individual

concerned is or has been located abroad."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-238 effective 90 days after Jan. 8,

1988, see section 261(a) of Pub. L. 100-238, set out as a note

under section 4054 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 143a; title 10

section 1599b; title 28 section 530A; title 38 section 707.

-End-

-CITE-

22 USC Sec. 4085 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4085. Entertainment and representation expenses

-STATUTE-

Notwithstanding section 5536 of title 5, the Secretary may

provide for official receptions and may pay entertainment and

representational expenses (including expenses of family members) to

enable the Department and the Service to provide for the proper

representation of the United States and its interests. In carrying

out this section, the Secretary shall, to the maximum extent

practicable, provide for the use of United States products,

including American wine.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 905, Oct. 17, 1980, 94 Stat. 2128.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287e, 1452, 2389, 2513 of

this title; title 38 section 707.

-End-

-CITE-

22 USC Sec. 4086 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER IX - TRAVEL, LEAVE, AND OTHER BENEFITS

-HEAD-

Sec. 4086. Entitlement to vote in a State in a Federal election;

preconditions; applicability

-STATUTE-

(a) Except as provided in subsection (b) of this section 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) of this section 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].

-SOURCE-

(Pub. L. 96-465, title I, Sec. 906, as added Pub. L. 98-164, title

I, Sec. 129(a), Nov. 22, 1983, 97 Stat. 1027.)

-REFTEXT-

REFERENCES IN 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, as amended, which was

classified generally to subchapter I-E (Sec. 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, Sec. 203, Aug. 28, 1986,

100 Stat. 930. See section 1973ff et seq. of Title 42.

-End-

-CITE-

22 USC SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4131, 4153 of this

title; title 18 section 205.

-End-

-CITE-

22 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4101. Congressional findings and policy

-STATUTE-

The Congress finds that -

(1) experience in both private and public employment indicates

that the statutory protection of the right of workers to

organize, bargain collectively, and participate through labor

organizations of their own choosing in decisions which affect

them -

(A) safeguards the public interest,

(B) contributes to the effective conduct of public business,

and

(C) facilitates and encourages the amicable settlement of

disputes between workers and their employers involving

conditions of employment;

(2) the public interest demands the highest standards of

performance by members of the Service and the continuous

development and implementation of modern and progressive work

practices to facilitate improved performance and efficiency; and

(3) the unique conditions of Foreign Service employment require

a distinct framework for the development and implementation of

modern, constructive, and cooperative relationships between

management officials and organizations representing members of

the Service.

Therefore, labor organizations and collective bargaining in the

Service are in the public interest and are consistent with the

requirement of an effective and efficient Government. The

provisions of this subchapter should be interpreted in a manner

consistent with the requirement of an effective and efficient

Government.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1001, Oct. 17, 1980, 94 Stat. 2128.)

-End-

-CITE-

22 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4102. Definitions

-STATUTE-

As used in this subchapter, the term -

(1) "Authority" means the Federal Labor Relations Authority,

described in section 7104(a) of title 5;

(2) "Board" means the Foreign Service Labor Relations Board,

established by section 4106(a) of this title;

(3) "collective bargaining" means the performance of the mutual

obligation of the management representative of the Department and

of the exclusive representative of employees to meet at

reasonable times and to consult and bargain in a good-faith

effort to reach agreement with respect to the conditions of

employment affecting employees, and to execute, if requested by

either party, a written document incorporating any collective

bargaining agreement reached, but this obligation does not compel

either party to agree to a proposal or to make a concession;

(4) "collective bargaining agreement" means an agreement

entered into as a result of collective bargaining under the

provisions of this subchapter;

(5) "conditions of employment" means personnel policies,

practices, and matters, whether established by regulation or

otherwise, affecting working conditions, but does not include

policies, practices, and matters -

(A) relating to political activities prohibited abroad or

prohibited under subchapter III of chapter 73 of title 5;

(B) relating to the designation or classification of any

position under section 3981 of this title;

(C) to the extent such matters are specifically provided for

by Federal statute; or

(D) relating to Government-wide or multiagency responsibility

of the Secretary affecting the rights, benefits, or obligations

of individuals employed in agencies other than those which are

authorized to utilize the Foreign Service personnel system;

(6) "confidential employee" means an employee who acts in a

confidential capacity with respect to an individual who

formulates or effectuates management policies in the field of

labor-management relations;

(7) "dues" means dues, fees, and assessments;

(8) "employee" means -

(A) a member of the Service who is a citizen of the United

States, wherever serving, other than a management official, a

confidential employee, a consular agent, a member of the

Service who is a United States citizen (other than a family

member) employed under section 3951 of this title, or any

individual who participates in a strike in violation of section

7311 of title 5; or

(B) a former member of the Service as described in

subparagraph (A) whose employment has ceased because of an

unfair labor practice under section 4115 of this title and who

has not obtained any other regular and substantially equivalent

employment, as determined under regulations prescribed by the

Board;

(9) "exclusive representative" means any labor organization

which is certified as the exclusive representative of employees

under section 4111 of this title;

(10) "General Counsel" means the General Counsel of the

Authority;

(11) "labor organization" means an organization composed in

whole or in part of employees, in which employees participate and

pay dues, and which has as a purpose dealing with the Department

concerning grievances (as defined in section 4131 of this title)

and conditions of employment, but does not include -

(A) an organization which, by its constitution, bylaws, tacit

agreement among its members, or otherwise, denies membership

because of race, color, creed, national origin, sex, age,

preferential or nonpreferential civil service status, political

affiliation, marital status, or handicapping condition;

(B) an organization which advocates the overthrow of the

constitutional form of government of the United States;

(C) an organization sponsored by the Department; or

(D) an organization which participates in the conduct of a

strike against the Government or any agency thereof or imposes

a duty or obligation to conduct, assist, or participate in such

a strike;

(12) "management official" means an individual who -

(A) is a chief of mission or principal officer;

(B) is serving in a position to which appointed by the

President, by and with the advice and consent of the Senate, or

by the President alone;

(C) occupies a position which in the sole judgment of the

Secretary is of comparable importance to the offices mentioned

in subparagraph (A) or (B);

(D) is serving as a deputy to any individual described by

subparagraph (A), (B), or (C);

(E) is assigned to carry out functions of the Inspector

General of the Department of State and the Foreign Service

under section 3929 of this title; or

(F) is engaged in the administration of this subchapter or in

the formulation of the personnel policies and programs of the

Department;

(13) "Panel" means the Foreign Service Impasse Disputes Panel,

established by section 4110(a) of this title; and

(14) "person" means an individual, a labor organization, or an

agency to which this subchapter applies.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1002, Oct. 17, 1980, 94 Stat. 2129;

Pub. L. 103-236, title I, Sec. 180(a)(9), Apr. 30, 1994, 108 Stat.

416.)

-MISC1-

AMENDMENTS

1994 - Par. (8)(A). Pub. L. 103-236 inserted "a member of the

Service who is a United States citizen (other than a family member)

employed under section 3951 of this title,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3902, 4117, 6613 of this

title; title 5 section 5596.

-End-

-CITE-

22 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4103. Application

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1003, Oct. 17, 1980, 94 Stat. 2130;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291; Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec.

1335(k)(3), title XIV, Sec. 1422(b)(4)(C), Oct. 21, 1998, 112 Stat.

2681-789, 2681-793.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 1422(b)(4)(C),

substituted "Agency for International Development" for "United

States International Development Cooperation Agency".

Pub. L. 105-277, Sec. 1335(k)(3), substituted "Broadcasting Board

of Governors" for "United States Information Agency".

-CHANGE-

CHANGE OF NAME

"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.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4173 of this title.

-End-

-CITE-

22 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4104. Employee rights

-STATUTE-

(a) Every employee has the right to form, join, or assist any

labor organization, or to refrain from any such activity, freely

and without fear of penalty or reprisal. Each employee shall be

protected in the exercise of such right.

(b) Except as otherwise provided under this subchapter, such

right includes the right -

(1) to act for a labor organization in the capacity of a

representative and, in that capacity, to present the views of the

labor organization to the Secretary and other officials of the

Government, including the Congress, or other appropriate

authorities; and

(2) to engage in collective bargaining with respect to

conditions of employment through representatives chosen by

employees under this subchapter.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1004, Oct. 17, 1980, 94 Stat. 2130.)

-End-

-CITE-

22 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4105. Management rights

-STATUTE-

(a) Subject to subsection (b) of this section, 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.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1005, Oct. 17, 1980, 94 Stat. 2131;

Pub. L. 103-236, title I, Sec. 181(b), Apr. 30, 1994, 108 Stat.

417; Pub. L. 103-415, Sec. 1(jj)(2), Oct. 25, 1994, 108 Stat.

4303.)

-MISC1-

AMENDMENTS

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.

-End-

-CITE-

22 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4106. Foreign Service Labor Relations Board

-STATUTE-

(a) Establishment; composition

There is established within the Federal Labor Relations Authority

the Foreign Service Labor Relations Board. The Board shall be

composed of 3 members, 1 of whom shall be the Chairman of the

Authority, who shall be the Chairperson of the Board. The remaining

2 members shall be appointed by the Chairperson of the Board from

nominees approved in writing by the agencies to which this

subchapter applies, and the exclusive representative (if any) of

employees in each such agency. In the event of inability to obtain

agreement on a nominee, the Chairperson shall appoint the remaining

2 members from among individuals the Chairperson considers

knowledgeable in labor-management relations and the conduct of

foreign affairs.

(b) Chairperson serving concurrently as Chairman of Authority;

length of terms; designation of alternate Chairperson

The Chairperson shall serve on the Board while serving as

Chairman of the Authority. Of the 2 original members of the Board

other than the Chairperson, one shall be appointed for a 2-year

term and one shall be appointed for a 3-year term. Thereafter, each

member of the Board other than the Chairperson shall be appointed

for a term of 3 years, except that an individual appointed to fill

a vacancy occurring before the end of a term shall be appointed for

the unexpired term of the member replaced. The Chairperson may at

any time designate an alternate Chairperson from among the members

of the Authority.

(c) Vacancies

A vacancy on the Board shall not impair the right of the

remaining members to exercise the full powers of the Board.

(d) Holding other Government offices or positions; compensation

The members of the Board, other than the Chairperson, may not

hold another office or position in the Government except as

authorized by law, and shall receive compensation at the daily

equivalent of the rate payable for level V of the Executive

Schedule under section 5316 of title 5 for each day they are

performing their duties (including traveltime).

(e) Removal of members

The Chairperson may remove any other Board member, upon written

notice, for corruption, neglect of duty, malfeasance, or

demonstrated incapacity to perform his or her functions,

established at a hearing, except where the right to a hearing is

waived in writing.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1006, Oct. 17, 1980, 94 Stat. 2131.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4102 of this title.

-End-

-CITE-

22 USC Sec. 4107 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4107. Functions of Foreign Service Labor Relations Board

-STATUTE-

(a) General provisions

The Board shall -

(1) supervise or conduct elections and determine whether a

labor organization has been selected as the exclusive

representative by a majority of employees who cast valid ballots

and otherwise administer the provisions of this subchapter

relating to the according of exclusive recognition to a labor

organization;

(2) resolve complaints of alleged unfair labor practices;

(3) resolve issues relating to the obligation to bargain in

good faith;

(4) resolve disputes concerning the effect, the interpretation,

or a claim of breach of a collective bargaining agreement, in

accordance with section 4114 of this title; and

(5) take any action considered necessary to administer

effectively the provisions of this subchapter.

(b) Consistency or precedence of decisions under other provisions

of law

Decisions of the Board under this subchapter shall be consistent

with decisions rendered by the Authority under chapter 71 of title

5, other than in cases in which the Board finds that special

circumstances require otherwise. Decisions of the Board under this

subchapter shall not be construed as precedent by the Authority, or

any court or other authority, for any decision under chapter 71 of

title 5.

(c) Implementation

In order to carry out its functions under this subchapter -

(1) the Board shall by regulation adopt procedures to apply in

the administration of this subchapter; and

(2) the Board may -

(A) adopt other regulations concerning its functions under

this subchapter;

(B) conduct appropriate inquiries wherever persons subject to

this subchapter are located;

(C) hold hearings;

(D) administer oaths, take the testimony or deposition of any

individual under oath, and issue subpenas;

(E) require the Department or a labor organization to cease

and desist from violations of this subchapter and require it to

take any remedial action the Board considers appropriate to

carry out this subchapter; and

(F) consistent with the provisions of this subchapter,

exercise the functions the Authority has under chapter 71 of

title 5 to the same extent and in the same manner as is the

case with respect to persons subject to chapter 71 of such

title.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1007, Oct. 17, 1980, 94 Stat. 2132.)

-End-

-CITE-

22 USC Sec. 4108 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4108. Functions of General Counsel

-STATUTE-

The General Counsel may -

(1) investigate alleged unfair labor practices under this

subchapter,

(2) file and prosecute complaints under this subchapter, and

(3) exercise such other powers of the Board as the Board may

prescribe.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1008, Oct. 17, 1980, 94 Stat. 2133.)

-End-

-CITE-

22 USC Sec. 4109 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4109. Judicial review and enforcement

-STATUTE-

(a) Persons entitled to maintain action; time of filing; venue

Except as provided in section 4114(d) of this title, any person

aggrieved by a final order of the Board may, during the 60-day

period beginning on the date on which the order was issued,

institute an action for judicial review of such order in the United

States Court of Appeals for the District of Columbia.

(b) Enforcement of order; temporary relief or restraining order

The Board may petition the United States Court of Appeals for the

District of Columbia for the enforcement of any order of the Board

under this subchapter and for any appropriate temporary relief or

restraining order.

(c) Applicability of other provisions of law

Subsection (c) of section 7123 of title 5 shall apply to judicial

review and enforcement of actions by the Board in the same manner

that it applies to judicial review and enforcement of actions of

the Authority under chapter 71 of title 5.

(d) Unfair labor practices

The Board may, upon issuance of a complaint as provided in

section 4116 of this title charging that any person has engaged in

or is engaging in an unfair labor practice, petition the United

States District Court for the District of Columbia, for appropriate

temporary relief (including a restraining order). Upon the filing

of the petition, the court shall cause notice thereof to be served

upon the person, and thereupon shall have jurisdiction to grant any

temporary relief (including a temporary restraining order) it

considers just and proper. A court shall not grant any temporary

relief under this section if it would interfere with the ability of

the Department to carry out its essential functions or if the Board

fails to establish probable cause that an unfair labor practice is

being committed.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1009, Oct. 17, 1980, 94 Stat. 2133.)

-End-

-CITE-

22 USC Sec. 4110 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4110. Foreign Service Impasse Disputes Panel

-STATUTE-

(a) Establishment; composition

There is established within the Federal Labor Relations Authority

the Foreign Service Impasse Disputes Panel, which shall assist in

resolving negotiating impasses arising in the course of collective

bargaining under this subchapter. The Chairperson shall select the

Panel from among individuals the Chairperson considers

knowledgeable in labor-management relations or the conduct of

foreign affairs. The Panel shall be composed of 5 members, as

follows:

(1) 2 members of the Service (other than a management official,

a confidential employee, or a labor organization official);

(2) one individual employed by the Department of Labor;

(3) one member of the Federal Service Impasses Panel; and

(4) one public member who does not hold any other office or

position in the Government.

The Chairperson of the Board shall set the terms of office for

Panel members and determine who shall chair the Panel.

(b) Compensation; travel expenses

Panel members referred to in subsection (a)(3) and (4) of this

section shall receive compensation for each day they are performing

their duties (including traveltime) at the daily equivalent of the

maximum rate payable for grade GS-18 of the General Schedule under

section 5332 of title 5, except that the member who is also a

member of the Federal Service Impasses Panel shall not be entitled

to pay under this subsection for any day for which he or she

receives pay under section 7119(b)(4) (!1) of title 5. Members of

the Panel shall be entitled to travel expenses as provided under

section 5703 of title 5.

(c) Impasse investigation and settlement; hearings and other

actions upon failure to settle; notice; binding nature of action

(1) The Panel or its designee shall promptly investigate any

impasse presented to it by a party. The Panel shall consider the

impasse and shall either -

(A) recommend to the parties to the negotiation procedures for

the resolution of the impasse; or

(B) assist the parties in resolving the impasse through

whatever methods and procedures, including factfinding and

recommendations, it may consider appropriate to accomplish the

purpose of this section.

(2) If the parties do not arrive at a settlement after assistance

by the Panel under paragraph (1), the Panel may -

(A) hold hearings;

(B) administer oaths, take the testimony or deposition of any

individual under oath, and issue subpenas as provided in section

7132 of title 5; and

(C) take whatever action is necessary and not inconsistent with

this subchapter to resolve the impasse.

(3) Notice of any final action of the Panel under this section

shall be promptly served upon the parties, and the action shall be

binding on such parties during the term of the collective

bargaining agreement unless the parties agree otherwise.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1010, Oct. 17, 1980, 94 Stat. 2133.)

-REFTEXT-

REFERENCES IN TEXT

Section 7119(b)(4) of title 5, referred to in subsec. (b),

probably means section 7119(c)(4) of Title 5, Government

Organization and Employees.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4113 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 4111 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4111. Exclusive recognition

-STATUTE-

(a) Secret ballot election; majority vote

The Department shall accord exclusive recognition to a labor

organization if the organization has been selected as the

representative, in a secret ballot election, by a majority of the

employees in a unit who cast valid ballots in the election.

(b) Investigation of petition; hearing; supervision of election;

certification of results; length of time between elections

If a petition is filed with the Board -

(1) by any person alleging -

(A) in the case of a unit for which there is no exclusive

representative, that 30 percent of the employees in the unit

wish to be represented for the purpose of collective bargaining

by an exclusive representative, or

(B) in the case of a unit for which there is an exclusive

representative, that 30 percent of the employees in the unit

alleged that the exclusive representative is no longer the

representative of the majority of the employees in the unit; or

(2) by any person seeking clarification of, or an amendment to,

a certification then in effect or a matter relating to

representation;

the Board shall investigate the petition, and if it has reasonable

cause to believe that a question of representation exists, it shall

provide an opportunity for a hearing (for which a transcript shall

be kept) after reasonable notice. If the Board finds on the record

of the hearing that a question of representation exists, the Board

shall supervise or conduct an election on the question by secret

ballot and shall certify the results thereof. An election under

this subsection shall not be conducted in any unit within which a

valid election under this subsection has been held during the

preceding 12 calendar months or with respect to which a labor

organization has been certified as the exclusive representative

during the preceding 24 calendar months.

(c) Intervention of labor organizations; placement on ballot

A labor organization which -

(1) has been designated by at least 10 percent of the employees

in the unit; or

(2) is the exclusive representative of the employees involved;

may intervene with respect to a petition filed pursuant to

subsection (b) of this section and shall be placed on the ballot of

any election under subsection (b) of this section with respect to

the petition.

(d) Eligibility to vote; regulations; choices on ballot;

preferential voting; certification as exclusive representative

(1) The Board shall determine who is eligible to vote in any

election under this section and shall establish regulations

governing any such election, which shall include regulations

allowing employees eligible to vote the opportunity to choose -

(A) from labor organizations on the ballot, that labor

organization which the employees wish to have represent them; or

(B) not to be represented by a labor organization.

(2) In any election in which more than two choices are on the

ballot, the regulations of the Board shall provide for preferential

voting. If no choice receives a majority of first preferences, the

Board shall distribute to the two choices having the most first

preferences the preferences as between those two of the other valid

ballots cast. The choice receiving a majority of preferences shall

be declared the winner. A labor organization which is declared the

winner of the election shall be certified by the Board as the

exclusive representative.

(e) Submission of required material

A labor organization seeking exclusive recognition shall submit

to the Board and to the Department a roster of its officers and

representatives, a copy of its constitution and bylaws, and a

statement of its objectives.

(f) Grounds for denial of exclusive recognition status

Exclusive recognition shall not be accorded to a labor

organization -

(1) if the Board determines that the labor organization is

subject to corrupt influence or influences opposed to democratic

principles; or

(2) in the case of a petition filed under subsection (b)(1)(A)

of this section, if there is not credible evidence that at least

30 percent of the employees wish to be represented for the

purpose of collective bargaining by the labor organization

seeking exclusive recognition.

(g) Waiver of hearings; consent elections

Nothing in this section shall be construed to prohibit the

waiving of hearings by stipulation for the purpose of a consent

election in conformity with regulations and rules or decisions of

the Board.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1011, Oct. 17, 1980, 94 Stat. 2134.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4118 of this title.

-End-

-CITE-

22 USC Sec. 4112 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4112. Employees represented

-STATUTE-

The employees of the Department shall constitute a single and

separate worldwide bargaining unit, from which there shall be

excluded -

(1) employees engaged in personnel work in other than a purely

clerical capacity; and

(2) employees engaged in criminal or national security

investigations or who audit the work of individuals to insure

that their functions are discharged honestly and with integrity.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1012, Oct. 17, 1980, 94 Stat. 2135.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4113 of this title.

-End-

-CITE-

22 USC Sec. 4113 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4113. Representation rights and duties

-STATUTE-

(a) Negotiation of collective bargaining agreements;

nondiscriminatory representation

A labor organization which has been accorded exclusive

recognition is the exclusive representative of, and is entitled to

act for, and negotiate collective bargaining agreements covering,

all employees in the unit described in section 4112 of this title.

An exclusive representative is responsible for representing the

interests of all employees in that unit without discrimination and

without regard to labor organization membership.

(b) Places of representation

(1) An exclusive representative shall be given the opportunity to

be represented at -

(A) any formal discussion between one or more representatives

of the Department and one or more employees in the unit (or their

representatives), concerning any grievance (as defined in section

4131 of this title) or any personnel policy or practice or other

general condition of employment; and

(B) any examination of an employee by a Department

representative in connection with an investigation if -

(i) the employee reasonably believes that the examination may

result in disciplinary action against the employee, and

(ii) the employee requests such representation.

(2) The Department shall annually inform employees of their

rights under paragraph (1)(B).

(c) Duty to bargain in good faith; determination of techniques

assisting negotiation

The Department and the exclusive representative, through

appropriate representatives, shall meet and negotiate in good faith

for the purposes of arriving at a collective bargaining agreement.

In addition, the Department and the exclusive representative may

determine appropriate techniques, consistent with the provisions of

section 4110 of this title, to assist in any negotiation.

(d) Applicability to other employee rights or remedies

The rights of an exclusive representative under this section

shall not preclude an employee from -

(1) being represented by an attorney or other representative of

the employee's own choosing, other than the exclusive

representative, in any grievance proceeding under subchapter XI

of this chapter; or

(2) exercising grievance or appeal rights established by law,

rule, or regulation.

(e) Obligations included in good faith bargaining

The duty of the Department and the exclusive representative to

negotiate in good faith shall include the obligation -

(1) to approach the negotiations with a sincere resolve to

reach a collective bargaining agreement;

(2) to be represented at the negotiations by duly authorized

representatives prepared to discuss and negotiate on any

condition of employment;

(3) to meet at reasonable times and convenient places as

frequently as may be necessary and to avoid unnecessary delays;

(4) for the Department to furnish to the exclusive

representative, or its authorized representative, upon request

and to the extent not prohibited by law, data -

(A) which is normally maintained by the Department in the

regular course of business;

(B) which is reasonably available and necessary for full and

proper discussion, understanding, and negotiation of subjects

within the scope of collective bargaining; and

(C) which does not constitute guidance, advice, counsel, or

training provided for management officials or confidential

employees, relating to collective bargaining;

(5) to negotiate jointly with respect to conditions of

employment applicable to employees in more than one of the

agencies authorized to utilize the Foreign Service personnel

system, as determined by the heads of such agencies; and

(6) if agreement is reached, to execute, upon the request of

any party to the negotiation, a written document embodying the

agreed terms, and to take the steps necessary to implement the

agreement.

(f) Approval of agreement by Secretary; effective date; binding

effect

(1) An agreement between the Department and the exclusive

representative shall be subject to approval by the Secretary.

(2) The Secretary shall approve the agreement within 30 days

after the date of the agreement unless the Secretary finds in

writing that the agreement is contrary to applicable law, rule, or

regulation.

(3) Unless the Secretary disapproves the agreement by making a

finding under paragraph (2), the agreement shall take effect after

30 days from its execution and shall be binding on the Department

and the exclusive representative subject to all applicable laws,

orders, and regulations.

(g) Consultation by Department with exclusive representative

The Department shall consult with the exclusive representative

with respect to Government-wide or multiagency matters affecting

the rights, benefits, or obligations of individuals employed in

agencies not authorized to utilize the Foreign Service personnel

system. The exclusive representative shall be informed of any

change proposed by the Department with respect to such matters, and

shall be permitted reasonable time to present its views and

recommendations regarding such change. The Department shall

consider the views and recommendations of the exclusive

representative before taking final action on any such change, and

shall provide the exclusive representative a written statement of

the reasons for taking the final action.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1013, Oct. 17, 1980, 94 Stat. 2135.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4173 of this title.

-End-

-CITE-

22 USC Sec. 4114 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4114. Resolution of implementation disputes

-STATUTE-

(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) of this section

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) of this section 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.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1014, Oct. 17, 1980, 94 Stat. 2137.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4107, 4109, 4115 of this

title.

-End-

-CITE-

22 USC Sec. 4115 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4115. Unfair labor practices

-STATUTE-

(a) Department of State

It shall be an unfair labor practice for the Department -

(1) to interfere with, restrain, or coerce any employee in the

exercise by the employee of any right under this subchapter;

(2) to encourage or discourage membership in any labor

organization by discrimination in connection with hiring, tenure,

promotion, or other conditions of employment;

(3) to sponsor, control, or otherwise assist any labor

organization, other than to furnish upon request customary and

routine services and facilities on an impartial basis to labor

organizations having equivalent status;

(4) to discipline or otherwise discriminate against an employee

because the employee has filed a complaint or petition, or has

given any information, affidavit, or testimony under this

subchapter;

(5) to refuse to consult or negotiate in good faith with a

labor organization, as required under this subchapter;

(6) to fail or refuse to cooperate in impasse procedures and

impasse decisions, as required under this subchapter;

(7) to enforce any rule or regulation (other than a rule or

regulation implementing section 2302 of title 5) which is in

conflict with an applicable collective bargaining agreement if

the agreement was in effect before the date the rule or

regulation was prescribed; or

(8) to fail or refuse otherwise to comply with any provision of

this subchapter.

(b) Labor organizations

It shall be an unfair labor practice for a labor organization -

(1) to interfere with, restrain, or coerce any employee in the

exercise by the employee of any right under this subchapter;

(2) to cause or attempt to cause the Department to discriminate

against any employee in the exercise by the employee of any right

under this subchapter;

(3) to coerce, discipline, fine, or attempt to coerce a member

of the labor organization as punishment or reprisal, or for the

purpose of hindering or impeding the member's work performance or

productivity as an employee or the discharge of the member's

functions as an employee;

(4) to discriminate against an employee with regard to the

terms and conditions of membership in the labor organization on

the basis of race, color, creed, national origin, sex, age

preferential or nonpreferential civil service status, political

affiliation, marital status, or handicapping condition;

(5) to refuse to consult or negotiate in good faith with the

Department, as required under this subchapter;

(6) to fail or refuse to cooperate in impasse procedures and

impasse decisions, as required under this subchapter;

(7)(A) to call, or participate in, a strike, work stoppage, or

slowdown, or to picket the Department in a labor-management

dispute (except that any such picketing in the United States

which does not interfere with the Department's operations shall

not be an unfair labor practice); or

(B) to condone any unfair labor practice described in

subparagraph (A) by failing to take action to prevent or stop

such activity;

(8) to deny membership to any employee in the unit represented

by the labor organization except -

(A) for failure to tender dues uniformly required as a

condition of acquiring and retaining membership, or

(B) in the exercise of disciplinary procedures consistent

with the organization's constitution or bylaws and this

subchapter; or

(9) to fail or refuse otherwise to comply with any provision of

this subchapter.

(c) Personal views, arguments, opinions, or statements

The expression of any personal view, argument, or opinion, or the

making of any statement, which -

(1) publicizes the fact of a representational election and

encourages employees to exercise their right to vote in such an

election;

(2) corrects the record with respect to any false or misleading

statement made by any person; or

(3) informs employees of the Government's policy relating to

labor-management relations and representation,

if the expression contains no threat of reprisal or force or

promise of benefit and was not made under coercive conditions shall

not -

(A) constitute an unfair labor practice under this subchapter,

or

(B) constitute grounds for the setting aside of any election

conducted under this subchapter.

(d) Election of remedies

Issues which can properly be raised under an appeals procedure

may not be raised as unfair labor practices prohibited under this

section. Except for matters wherein, under section 4139(a)(2) of

this title, an employee has an option of using the grievance

procedure under subchapter XI of this chapter or an appeals

procedure, issues which can be raised under section 4114 of this

title or subchapter XI of this chapter may, in the discretion of

the aggrieved party, be raised either under such section or

subchapter or else raised as an unfair labor practice under this

section, but may not be raised both under this section and under

section 4114 of this title or subchapter XI of this chapter.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1015, Oct. 17, 1980, 94 Stat. 2137;

Pub. L. 102-138, title I, Sec. 153(d)(2), Oct. 28, 1991, 105 Stat.

674.)

-MISC1-

AMENDMENTS

1991 - Subsec. (d). Pub. L. 102-138 substituted "section

4139(a)(2)" for "section 4139(b)".

EFFECTIVE DATE OF 1991 AMENDMENT

Section 153(f) of Pub. L. 102-138 provided that: "The amendments

made by this section [amending this section and sections 4131,

4134, 4137, 4139, and 4140 of this title] shall not apply with

respect to any grievance (within the meaning of section 1101 of the

Act [22 U.S.C. 4131], as amended by this section) arising before

the date of enactment of this Act [Oct. 28, 1991]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4117 of this title;

title 5 section 5596.

-End-

-CITE-

22 USC Sec. 4116 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4116. Prevention of unfair labor practices

-STATUTE-

(a) Investigation by General Counsel; issuance of complaint;

statement of reasons

If the Department or labor organization is charged by any person

with having engaged in or engaging in an unfair labor practice, the

General Counsel shall investigate the charge and may issue and

cause to be served upon the Department or labor organization a

complaint. In any case in which the General Counsel does not issue

a complaint because the charge fails to state an unfair labor

practice, the General Counsel shall provide the person making the

charge a written statement of the reasons for not issuing a

complaint.

(b) Notice in complaint

Any complaint under subsection (a) of this section shall contain

a notice -

(1) of the charge;

(2) that a hearing will be held before the Board (or any member

thereof or before an individual employed by the Board and

designated for such purpose); and

(3) of the time and place fixed for the hearing.

(c) Answer; personal appearance

The labor organization or Department involved shall have the

right to file an answer to the original and any amended complaint

and to appear in person or otherwise and give testimony at the time

and place fixed in the complaint for the hearing.

(d) Time of filing of charges

(1) Except as provided in paragraph (2), no complaint shall be

issued based on any alleged unfair labor practice which occurred

more than 6 months before the filing of the charge with the Board.

(2) If the General Counsel determines that the person filing any

charge was prevented from filing the charge during the 6-month

period referred to in paragraph (1) by reason of -

(A) any failure of the Department or labor organization against

which the charge is made to perform a duty owed to the person, or

(B) any concealment which prevented discovery of the alleged

unfair labor practice during the 6-month period,

the General Counsel may issue a complaint based on the charge if

the charge was filed during the 6-month period beginning on the day

of the discovery by the person of the alleged unfair labor

practice.

(e) Regulations providing for resolution through informal methods

The General Counsel may prescribe regulations providing for

informal methods by which the alleged unfair labor practice may be

resolved prior to the issuance of a complaint.

(f) Hearing

The Board (or any member thereof or any individual employed by

the Board and designated for such purpose) shall conduct a hearing

on the complaint not earlier than 5 days after the date on which

the complaint is served. In the discretion of the individual or

individuals conducting the hearing, any person involved may be

allowed to intervene in the hearing and to present testimony. Any

such hearing shall, to the extent practicable, be conducted in

accordance with the provisions of subchapter II of chapter 5 of

title 5, except that the parties shall not be bound by rules of

evidence, whether statutory, common law, or adopted by a court. A

transcript shall be kept of the hearing. After such a hearing the

Board, in its discretion, may upon notice receive further evidence

or hear argument.

(g) Findings of fact relative to issuance of orders; backpay

If the Board (or any member thereof or any individual employed by

the Board and designated for such purpose) determines after any

hearing on a complaint under subsection (f) of this section that

the preponderance of the evidence received demonstrates that the

Department or labor organization named in the complaint has engaged

in or is engaging in an unfair labor practice, then the individual

or individuals conducting the hearing shall state in writing their

findings of fact and shall issue and cause to be served on the

Department or labor organization an order -

(1) to cease and desist from any such unfair labor practice in

which the Department or labor organization is engaged;

(2) requiring the parties to renegotiate a collective

bargaining agreement in accordance with the order of the Board

and requiring that the agreement, as amended, be given

retroactive effect;

(3) requiring reinstatement of an employee with backpay in

accordance with section 5596 of title 5; or

(4) including any combination of the actions described in

paragraphs (1) through (3) or such other action as will carry out

the purpose of this subchapter.

If any such order requires reinstatement of an employee with

backpay, backpay may be required of the Department (as provided in

section 5596 of title 5) or of the labor organization, as the case

may be, which is found to have engaged in the unfair labor practice

involved.

(h) Findings of fact requiring dismissal of complaint

If the individual or individuals conducting the hearing determine

that the preponderance of the evidence received fails to

demonstrate that the Department or labor organization named in the

complaint has engaged in or is engaging in an unfair labor

practice, the individual or individuals shall state in writing

their findings of fact and shall issue an order dismissing the

complaint.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1016, Oct. 17, 1980, 94 Stat. 2139.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4109 of this title.

-End-

-CITE-

22 USC Sec. 4117 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4117. Standards of conduct for labor organizations

-STATUTE-

(a) Freedom from corrupt influences and influences opposed to basic

democratic principles

The Department shall accord recognition only to a labor

organization that is free from corrupt influences and influences

opposed to basic democratic principles. Except as provided in

subsection (b) of this section, an organization is not required to

prove that it is free from such influences if it is subject to a

governing requirement adopted by the organization or by a national

or international labor organization or federation of labor

organizations with which it is affiliated, or in which it

participates, containing explicit and detailed provisions to which

it subscribes calling for -

(1) the maintenance of democratic procedures and practices,

including -

(A) provisions for periodic elections to be conducted subject

to recognized safeguards, and

(B) provisions defining and securing the right of individual

members to participate in the affairs of the organization, to

receive fair and equal treatment under the governing rules of

the organization, and to receive fair process in disciplinary

proceedings;

(2) the exclusion from office in the organization of persons

affiliated with Communist or other totalitarian movements and

persons identified with corrupt influences;

(3) the prohibition of business or financial interests on the

part of organization officers and agents which conflict with

their duty to the organization and its members; and

(4) the maintenance of fiscal integrity in the conduct of the

affairs of the organization, including provisions for accounting

and financial controls and regular financial reports or summaries

to be made available to members.

(b) Furnishing of information

A labor organization may be required to furnish evidence of its

freedom from corrupt influences opposed to basic democratic

principles if there is reasonable cause to believe that -

(1) the organization has been suspended or expelled from, or is

subject to other sanction by, a parent labor organization, or

federation of organizations with which it has been affiliated,

because it has demonstrated an unwillingness or inability to

comply with governing requirements comparable in purpose to those

required by subsection (a) of this section; or

(2) the organization is in fact subject to influences that

would preclude recognition under this subchapter.

(c) Reports; bonding of officials and other employees; compliance

with trusteeship and election standards

A labor organization which has or seeks recognition as a

representative of employees under this subchapter shall file

financial and other reports with the Assistant Secretary of Labor

for Labor Management Relations, provide for bonding of officials

and others employed by the organization, and comply with

trusteeship and election standards.

(d) Regulations; filing of complaints; cease and desist orders

The Assistant Secretary of Labor shall prescribe such regulations

as are necessary to carry out this section. Such regulations shall

conform generally to the principles applied to labor organizations

in the private sector. Complaints of violations of this section

shall be filed with the Assistant Secretary. In any matter arising

under this section, the Assistant Secretary may require a labor

organization to cease and desist from violations of this section

and require it to take such actions as the Assistant Secretary

considers appropriate to carry out the policies of this section.

(e) Participation in labor organizations restricted

(1) Notwithstanding any other provision of this subchapter -

(A) participation in the management of a labor organization for

purposes of collective bargaining or acting as a representative

of a labor organization for such purposes is prohibited under

this subchapter -

(i) on the part of any management official or confidential

employee;

(ii) on the part of any individual who has served as a

management official or confidential employee during the

preceding two years; or

(iii) on the part of any other employee if the participation

or activity would result in a conflict of interest or apparent

conflict of interest or would otherwise be incompatible with

law or with the official functions of such employee; and

(B) service as a management official or confidential employee

is prohibited on the part of any individual having participated

in the management of a labor organization for purposes of

collective bargaining or having acted as a representative of a

labor organization during the preceding two years.

(2) For the purposes of paragraph (1)(A)(ii) and paragraph

(1)(B), the term "management official" does not include -

(A) any chief of mission;

(B) any principal officer or deputy principal officer;

(C) any administrative or personnel officer abroad; or

(D) any individual described in section 4102(12)(B), (C), or

(D) of this title who is not involved in the administration of

this subchapter or in the formulation of the personnel policies

and programs of the Department.

(f) Willful and intentional violations

If the Board finds that any labor organization has willfully and

intentionally violated section 4115(b)(7) of this title by omission

or commission with regard to any strike, work stoppage, slowdown,

the Board shall -

(1) revoke the exclusive recognition status of the labor

organization, which shall then immediately cease to be legally

entitled and obligated to represent employees in the unit; or

(2) take any other appropriate disciplinary action.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1017, Oct. 17, 1980, 94 Stat. 2140;

Pub. L. 103-236, title I, Sec. 171, Apr. 30, 1994, 108 Stat. 411;

Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec. 2315, Oct.

21, 1998, 112 Stat. 2681-828.)

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(2). Pub. L. 105-277 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "For the

purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term

'management official' shall not include chiefs of mission,

principal officers and their deputies, and administrative and

personnel officers abroad."

1994 - Subsec. (e). Pub. L. 103-236 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "This

subchapter does not authorize participation in the management of a

labor organization or acting as a representative of a labor

organization by a management official, a confidential employee, or

any other employee if the participation or activity would result in

a conflict or apparent conflict of interest or would otherwise be

incompatible with law or with the official functions of such

management official or such employee."

-End-

-CITE-

22 USC Sec. 4118 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS

-HEAD-

Sec. 4118. Administrative provisions

-STATUTE-

(a) Assignment for deduction of dues

If the Department has received from any individual a written

assignment which authorizes the Department to deduct from the

salary of that individual amounts for the payment of regular and

periodic dues of the exclusive representative, the Department shall

honor the assignment. Any such assignment shall be made at no cost

to the exclusive representative or the individual. Except as

provided in subsection (b) of this section, any such assignment may

not be revoked for a period of one year from its execution.

(b) Termination of assignment for deduction of dues

An assignment for deduction of dues shall terminate when -

(1) the labor organization ceases to be the exclusive

representative;

(2) the individual ceases to receive a salary from the

Department as a member of the Service; or

(3) the individual is suspended or expelled from membership in

the exclusive representative.

(c) Negotiations with uncertified labor organizations

During any period when no labor organization is certified as the

exclusive representative of employees in the Department, the

Department shall have the duty to negotiate with a labor

organization which has filed a petition under section 4111(b)(1)(A)

of this title alleging that 10 percent of the employees in the

Department have membership in the organization if the Board has

determined that the petition is valid. Negotiations under this

subsection shall be concerned solely with the deduction of dues of

the labor organization from the salary of the individuals who are

members of the labor organization and who make a voluntary

allotment for that purpose. Any agreement between the Department

and a labor organization under this subsection shall terminate upon

the certification of an exclusive representative of any employees

to whom the agreement applies.

(d) Official time usage

The following provisions shall apply to the use of official time:

(1) Any employee representing an exclusive representative in

the negotiation of a collective bargaining agreement under this

subchapter shall be authorized official time for such purposes,

including attendance at impasse proceedings, during the time the

employee otherwise would be in a duty status. The number of

employees for whom official time is authorized under this

paragraph shall not exceed the number of individuals designated

as representing the Department for such purposes.

(2) Any activities performed by any employee relating to the

internal business of the labor organization, including the

solicitation of membership, elections of labor organization

officials, and collection of dues, shall be performed during the

time the employee is in a nonduty status.

(3) Except as provided in paragraph (1), the Board shall

determine whether any employee participating for, or on behalf

of, a labor organization in any phase of proceedings before the

Board shall be authorized official time for such purpose during

the time the employee would otherwise be in a duty status.

(4) Except as provided in paragraphs (1), (2), and (3), any

employee representing an exclusive representative, or engaged in

any other matter covered by this subchapter, shall be granted

official time in any amount the Department and the exclusive

representative agree to be reasonable, necessary, and in the

public interest.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1018, Oct. 17, 1980, 94 Stat. 2141.)

-End-

-CITE-

22 USC SUBCHAPTER XI - GRIEVANCES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

SUBCHAPTER XI - GRIEVANCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3949, 4010a, 4113,

4115, 4153 of this title; title 5 section 5596.

-End-

-CITE-

22 USC Sec. 4131 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4131. Definitions and applicability

-STATUTE-

(a)(1) Except as provided in subsection (b) of this section, for

purposes of this subchapter, the term "grievance" means any act,

omission, or condition subject to the control of the Secretary

which is alleged to deprive a member of the Service who is a

citizen of the United States (other than a United States citizen

employed under section 3951 of this title who is not a family

member) of a right or benefit authorized by law or regulation or

which is otherwise a source of concern or dissatisfaction to the

member, including -

(A) separation of the member allegedly contrary to laws or

regulations, or predicated upon alleged inaccuracy, omission,

error, or falsely prejudicial character of information in any

part of the official personnel record of the member;

(B) other alleged violation, misinterpretation, or

misapplication of applicable laws, regulations, or published

policy affecting the terms and conditions of the employment or

career status of the member;

(C) allegedly wrongful disciplinary action against the member;

(D) dissatisfaction with respect to the working environment of

the member;

(E) alleged inaccuracy, omission, error, or falsely prejudicial

character of information in the official personnel record of the

member which is or could be prejudicial to the member;

(F) action alleged to be in the nature of reprisal or other

interference with freedom of action in connection with

participation by the member in procedures under this subchapter;

(G) alleged denial of an allowance, premium pay, or other

financial benefit to which the member claims entitlement under

applicable laws or regulations; and

(H) any discrimination prohibited by -

(i) section 2000e-16 of title 42,

(ii) section 206(d) of title 29,

(iii) section 791 of title 29,

(iv) sections 631 and 633a of title 29, or

(v) any rule, regulation, or policy directive prescribed

under any provision of law described in clauses (i) through

(iv).

(2) The scope of grievances described in paragraph (1) may be

modified by written agreement between the Department and the labor

organization accorded recognition as the exclusive representative

under subchapter X of this chapter (hereinafter in this subchapter

referred to as the "exclusive representative").

(b) For purposes of this subchapter, the term "grievance" does

not include -

(1) an individual assignment of a member under subchapter V of

this chapter, other than an assignment alleged to be contrary to

law or regulation;

(2) the judgment of a selection board established under section

4002 of this title, a tenure board established under section

3946(b) of this title, or any other equivalent body established

by laws or regulations which similarly evaluates the performance

of members of the Service on a comparative basis;

(3) the expiration of a limited appointment, the termination of

a limited appointment under section 4011 of this title, or the

denial of a limited career extension or of a renewal of a limited

career extension under section 4007(b) of this title; or

(4) any complaint or appeal where a specific statutory hearing

procedure exists, except as provided in section 4139(a)(2) of

this title.

Nothing in this subsection shall exclude any act, omission, or

condition alleged to violate any law, rule, regulation, or policy

directive referred to in subsection (a)(1)(H) of this section from

such term.

(c) This subchapter applies only with respect to the Department

of State, Broadcasting (!1) Board of Governors, the Agency for

International Development, the Department of Agriculture, and the

Department of Commerce.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1101, Oct. 17, 1980, 94 Stat. 2142;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291; Pub. L. 102-138, title I, Sec. 153(a), Oct. 28, 1991, 105

Stat. 673; Pub. L. 103-236, title I, Secs. 180(a)(10),

181(a)(4)(A), Apr. 30, 1994, 108 Stat. 416, 417; Pub. L. 105-277,

div. G, subdiv. A, title XIII, Sec. 1335(k)(4), title XIV, Sec.

1422(b)(4)(D), Oct. 21, 1998, 112 Stat. 2681-789, 2681-793.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277, Sec. 1422(b)(4)(D),

substituted "Agency for International Development" for "United

States International Development Cooperation Agency".

Pub. L. 105-277, Sec. 1335(k)(4), substituted "Broadcasting Board

of Governors," for "the United States Information Agency,".

1994 - Subsec. (a)(1). Pub. L. 103-236, Sec. 180(a)(10), inserted

"(other than a United States citizen employed under section 3951 of

this title who is not a family member)" after "citizen of the

United States" in introductory provisions.

Subsec. (b)(3). Pub. L. 103-236, Sec. 181(a)(4), made technical

amendment to reference to section 4011 of this title to reflect

renumbering of corresponding section of original act.

1991 - Subsec. (a)(1)(H). Pub. L. 102-138, Sec. 153(a)(1), added

subpar. (H).

Subsec. (b). Pub. L. 102-138, Sec. 153(a)(2), in par. (4),

substituted "section 4139(a)(2)" for "section 4139(b)" and inserted

at end "Nothing in this subsection shall exclude any act, omission,

or condition alleged to violate any law, rule, regulation, or

policy directive referred to in subsection (a)(1)(H) of this

section from such term."

-CHANGE-

CHANGE OF NAME

"United States Information Agency" substituted for "International

Communication Agency" in subsec. (c), pursuant to section 303(b) of

Pub. L. 97-241, set out as a note under section 1461 of this title.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1335(k)(4) 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)(D) 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.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-138 not applicable with respect to any

grievance, within the meaning of this section, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4113, 4132, 4134,

4137, 4139, 4140 of this title; title 5 section 5596.

-FOOTNOTE-

(!1) So in original. Probably should be "the Broadcasting".

-End-

-CITE-

22 USC Sec. 4132 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4132. Grievances concerning former members or their survivors

-STATUTE-

Within the time limitations of section 4134 of this title, a

former member of the Service or the surviving spouse (or, if none,

another member of the family) of a deceased member or former member

of the Service may file a grievance under this subchapter only with

respect to allegations described in section 4131(a)(1)(G) of this

title.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1102, Oct. 17, 1980, 94 Stat. 2143.)

-End-

-CITE-

22 USC Sec. 4133 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4133. Freedom of action

-STATUTE-

(a) Nature of protection

Any individual filing a grievance under this subchapter

(hereinafter in this subchapter referred to as the "grievant"), and

any witness, labor organization, or other person involved in a

grievance proceeding, shall be free from any restraint,

interference, coercion, harassment, discrimination, or reprisal in

those proceedings or by virtue of them.

(b) Right to representation

(1) The grievant has the right to a representative of his or her

own choosing at every stage of the proceedings under this

subchapter.

(2) In any case where the grievant is a member of a bargaining

unit represented by an exclusive representative, but is not

represented in the grievance by that exclusive representative, the

exclusive representative shall have the right to appear during the

grievance proceedings.

(3) The grievant, and any representative of the grievant who is a

member of the Service or employee of the Department, shall be

granted reasonable periods of administrative leave to prepare and

present the grievance and to attend proceedings under this

subchapter.

(c) Administrative leave for witnesses

Any witness who is a member of the Service or employee of the

Department shall be granted reasonable periods of administrative

leave to appear and testify at any proceedings under this

subchapter.

(d) Records

(1) No record of -

(A) a determination by the Secretary to reject a recommendation

of the Foreign Service Grievance Board,

(B) a finding by the Grievance Board against the grievant, or

(C) the fact that a grievance proceeding is pending or has been

held,

shall be entered in the personnel records of the grievant (except

by order of the Grievance Board as a remedy for the grievance) or

those of any other individual connected with the grievance. Nothing

in this subsection shall prevent a grievant from placing a rebuttal

to accompany a record of disciplinary action in such grievant's

personnel records nor prevent the Department from including a

response to such rebuttal, including documenting those cases in

which the Board has reviewed and upheld the discipline.

(2) The Department shall maintain records pertaining to

grievances under appropriate safeguards to preserve

confidentiality.

(3) The Foreign Service Grievance Board may enforce compliance

with the requirements of paragraphs (1) and (2).

(e) Expedition of security clearance procedures

The Department will use its best endeavors to expedite security

clearance procedures whenever necessary to assure a fair and prompt

resolution of a grievance.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1103, Oct. 17, 1980, 94 Stat. 2143;

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

329], Nov. 29, 1999, 113 Stat. 1536, 1501A-438.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-113 inserted at end "Nothing

in this subsection shall prevent a grievant from placing a rebuttal

to accompany a record of disciplinary action in such grievant's

personnel records nor prevent the Department from including a

response to such rebuttal, including documenting those cases in

which the Board has reviewed and upheld the discipline."

-End-

-CITE-

22 USC Sec. 4134 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4134. Time limitations

-STATUTE-

(a) Limitations period

A grievance is forever barred under this subchapter unless it is

filed with the Department not later than two years after the

occurrence giving rise to the grievance or, in the case of a

grievance with respect to the grievant's rater or reviewer, one

year after the date on which the grievant ceased to be subject to

rating or review by that person, but in no case more than three

years after the occurrence giving rise to the grievance. There

shall be excluded from the computation of any such period any time

during which, as determined by the Foreign Service Grievance Board,

the grievant was unaware of the grounds for the grievance and could

not have discovered such grounds through reasonable diligence.

(b) Failure of Department to resolve grievance; grievance filed

with Foreign Service Grievance Board

If a grievance is not resolved under Department procedures (which

have been negotiated with the exclusive representative, if any)

within ninety days after it is filed with the Department, the

grievant or the exclusive representative (on behalf of a grievant

who is a member of the bargaining unit) shall be entitled to file a

grievance with the Foreign Service Grievance Board for its

consideration and resolution.

(c) Grievances based on alleged discrimination

(1) In applying subsection (a) of this section with respect to an

alleged violation of a law, rule, regulation, or policy directive

referred to in section 4131(a)(1)(H) of this title, the reference

to "2 years" shall be deemed to read "180 days", subject to

paragraph (2).

(2) If the occurrence or occurrences giving rise to the grievance

are alleged to have occurred while the grievant was assigned to a

post abroad, the 180-day period provided for under paragraph (1)

shall not commence until the earlier of -

(A) the date as of which the grievant is no longer assigned to

such post; or

(B) the expiration of the 18-month period beginning on the date

of the occurrence giving rise to the grievance or the last such

occurrence, as the case may be.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1104, Oct. 17, 1980, 94 Stat. 2144;

Pub. L. 102-138, title I, Sec. 153(b), Oct. 28, 1991, 105 Stat.

673; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,

Sec. 330(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438; Pub.

L. 107-228, div. A, title III, Sec. 317, Sept. 30, 2002, 116 Stat.

1379.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 substituted "but in no case

more than three years" for "but in no case less than two years".

1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title III, Sec. 330(a)], in first sentence, substituted "not later

than two years after the occurrence giving rise to the grievance

or, in the case of a grievance with respect to the grievant's rater

or reviewer, one year after the date on which the grievant ceased

to be subject to rating or review by that person, but in no case

less than two years after the occurrence giving rise to the

grievance." for "within a period of 3 years after the occurrence or

occurrences giving rise to the grievance or such shorter period as

may be agreed to by the Department and the exclusive

representative."

Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title

III, Sec. 330(b)], substituted " '2 years' " for " '3 years' ".

1991 - Subsec. (a). Pub. L. 102-138, Sec. 153(b)(1), inserted

"under this subchapter" before "unless".

Subsec. (c). Pub. L. 102-138, Sec. 153(b)(2), added subsec. (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

330(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-438, provided that:

"The amendments made by this section [amending this section] shall

take effect 180 days after the date of enactment of this Act [Nov.

29, 1999] and shall apply to grievances which arise on or after

such effective date."

EFFECTIVE DATE OF 1991 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4132 of this title.

-End-

-CITE-

22 USC Sec. 4135 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4135. Foreign Service Grievance Board

-STATUTE-

(a) Establishment; composition

There is established the Foreign Service Grievance Board

(hereinafter in this subchapter referred to as the "Board"). The

Board shall consist of no fewer than 5 members who shall be

independent, distinguished citizens of the United States, well

known for their integrity, who are not employees of the Department

or members of the Service.

(b) Appointment and selection of nominees; length of terms;

vacancies

The Chairperson and other members of the Board shall be appointed

by the Secretary of State, from nominees approved in writing by the

agencies to which this subchapter applies and the exclusive

representative (if any) for each such agency. Each member of the

Board shall be appointed for a term of 2 years, subject to renewal

with the same written approvals required for initial appointment.

In the event of a vacancy on the Board, an appointment for the

unexpired term may be made by the Secretary of State in accordance

with the procedures specified in this section. In the event of

inability to obtain agreement on a nominee, each such agency and

exclusive representative shall select 2 nominees and shall, in an

order determined by lot, in turn strike a name from a list of such

nominees until only one name remains. For purposes of this section,

the nominee whose name remains shall be deemed to be approved in

writing by each such agency head and exclusive representative.

(c) Compensation

Members of the Board who are not employees of the Government

shall be paid for each day they are performing their duties

(including traveltime) at the daily equivalent of the maximum rate

payable for grade GS-18 of the General Schedule under section 5332

of title 5.

(d) Removal

The Secretary of State may, upon written notice, remove a Board

member for corruption, neglect of duty, malfeasance, or

demonstrated incapacity to perform his or her functions,

established at a hearing (unless the right to a hearing is waived

in writing by the Board member).

(e) Administrative services; payment of expenses; assignment as

staff employees of Board; performance evaluation reports; records

The Board may obtain facilities, services, and supplies through

the general administrative services of the Department of State. All

expenses of the Board, including necessary costs of the travel and

travel-related expenses of a grievant, shall be paid out of funds

appropriated to the Department for obligation and expenditure by

the Board. At the request of the Board, employees of the Department

and members of the Service may be assigned as staff employees for

the Board. Within the limits of appropriated funds, the Board may

appoint and fix the compensation of such other employees as the

Board considers necessary to carry out its functions. The

individuals so appointed or assigned shall be responsible solely to

the Board, and the Board shall prepare the performance evaluation

reports for such individuals. The records of the Board shall be

maintained by the Board and shall be separate from all other

records of the Department of State under appropriate safeguards to

preserve confidentiality.

(f) Report

(1) Not later than March 1 of each year, the Chairman of the

Foreign Service Grievance Board shall prepare a report summarizing

the activities of the Board during the previous calendar year. The

report shall include -

(A) the number of cases filed;

(B) the types of cases filed;

(C) the number of cases on which a final decision was reached,

as well as data on the outcome of cases, whether affirmed,

reversed, settled, withdrawn, or dismissed;

(D) the number of oral hearings conducted and the length of

each such hearing;

(E) the number of instances in which interim relief was granted

by the Board; and

(F) data on the average time for consideration of a grievance,

from the time of filing to a decision of the Board.

(2) The report required under paragraph (1) shall be submitted to

the Director General of the Foreign Service and the Committee on

Foreign Relations of the Senate and the Committee on International

Relations of the House of Representatives.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1105, Oct. 17, 1980, 94 Stat. 2144;

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec.

331], Nov. 29, 1999, 113 Stat. 1536, 1501A-439.)

-MISC1-

AMENDMENTS

1999 - Subsec. (f). Pub. L. 106-113 added subsec. (f).

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

22 USC Sec. 4136 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4136. Foreign Service Grievance Board procedures

-STATUTE-

The Board may adopt regulations concerning its organization and

procedures. Such regulations shall include provision for the

following:

(1) The Board shall conduct a hearing at the request of a

grievant in any case which involves -

(A) disciplinary action or the retirement of a grievant from

the Service under section 4007 or 4008 of this title, or

(B) issues which, in the judgment of the Board, can best be

resolved by a hearing or presentation of oral argument.

(2) The grievant, the representatives of the grievant, the

exclusive representative (if the grievant is a member of the

bargaining unit represented by the exclusive representative), and

the representatives of the Department are entitled to be present

at the hearing. The Board may, after considering the views of the

parties and any other individuals connected with the grievance,

decide that a hearing should be open to others. Testimony at a

hearing shall be given under oath, which any Board member or

individual designated by the Board shall have authority to

administer.

(3) Each party (including an exclusive representative appearing

in the proceedings) shall be entitled to examine and

cross-examine witnesses at the hearing or by deposition and to

serve interrogatories upon another party and have such

interrogatories answered by the other party unless the Board

finds such interrogatory irrelevant, immaterial, or unduly

repetitive. Upon request of the Board, or upon a request of the

grievant deemed relevant and material by the Board, an agency

shall promptly make available at the hearing or by deposition any

witness under its control, supervision, or responsibility, except

that if the Board determines that the presence of such witness at

the hearing is required for just resolution of the grievance,

then the witness shall be made available at the hearing, with

necessary costs and travel expenses paid by the Department.

(4) During any hearing held by the Board, any oral or

documentary evidence may be received, but the Board shall exclude

any irrelevant, immaterial, or unduly repetitious evidence, as

determined under section 556 of title 5.

(5) A verbatim transcript shall be made of any hearing and

shall be part of the record of proceedings.

(6) In those grievances in which the Board does not hold a

hearing, the Board shall afford to each party the opportunity to

review and to supplement, by written submissions, the record of

proceedings prior to the decision by the Board. The decision of

the Board shall be based exclusively on the record of

proceedings.

(7) The Board may act by or through panels or individual

members designated by the Chairperson, except that hearings

within the continental United States shall be held by panels of

at least three members unless the parties agree otherwise.

References in this subchapter to the Board shall be considered to

be references to a panel or member of the Board where

appropriate. All members of the Board shall act as impartial

individuals in considering grievances.

(8) If the Board determines that the Department is considering

disciplinary action against the grievant or recovery from the

grievant of alleged overpayment of salary, expenses, or

allowances, which is related to a grievance pending before the

Board and that such action should be suspended, the Department

shall suspend such action until the date which is one year after

such determination or until the Board has ruled upon the

grievance, whichever comes first. The Board shall extend the

one-year limitation under the preceding sentence and the

Department shall continue to suspend such action, if the Board

determines that the agency or the Board is responsible for the

delay in the resolution of the grievance. The Board may also

extend the 1-year limit if it determines that the delay is due to

the complexity of the case, the unavailability of witnesses or to

circumstances beyond the control of the agency, the Board or the

grievant. Notwithstanding such suspension of action, the head of

the agency concerned or a chief of mission or principal officer

may exclude the grievant from official premises or from the

performance of specified functions when such exclusion is

determined in writing to be essential to the functioning of the

post or office to which the grievant is assigned.

(9) The Board may reconsider any decision upon presentation of

newly discovered or previously unavailable material evidence.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1106, Oct. 17, 1980, 94 Stat. 2145;

Pub. L. 101-167, title V, Sec. 586(a), Nov. 21, 1989, 103 Stat.

1252; Pub. L. 102-138, title I, Sec. 143(b), Oct. 28, 1991, 105

Stat. 668; Pub. L. 103-236, title I, Secs. 177(a), 181(a)(4)(B),

Apr. 30, 1994, 108 Stat. 414, 417; Pub. L. 107-228, div. A, title

III, Sec. 314(b), Sept. 30, 2002, 116 Stat. 1379.)

-MISC1-

AMENDMENTS

2002 - Par. (8). Pub. L. 107-228, in first sentence, struck out

"the involuntary separation of the grievant," before "disciplinary

action" and substituted "grievant or" for "grievant, or", and

struck out last sentence which read as follows: "Notwithstanding

the first sentence of this paragraph, the Board's authority to

suspend such action shall not extend to instances where the

Secretary, or his designee, has exercised his authority under

subsection (a)(3) of section 4010 of this title or with respect to

any action which would delay the separation of an employee pursuant

to a reduction in force conducted under section 4010a of this

title."

1994 - Par. (8). Pub. L. 103-236, Sec. 181(a)(4)(B), inserted

before period at end "or with respect to any action which would

delay the separation of an employee pursuant to a reduction in

force conducted under section 4010a of this title".

Pub. L. 103-236, Sec. 177(a), substituted "until the date which

is one year after such determination or until the Board has ruled

upon the grievance, whichever comes first. The Board shall extend

the one-year limitation under the preceding sentence and the

Department shall continue to suspend such action, if the Board

determines that the agency or the Board is responsible for the

delay in the resolution of the grievance. The Board may also extend

the 1-year limit if it determines that the delay is due to the

complexity of the case, the unavailability of witnesses or to

circumstances beyond the control of the agency, the Board or the

grievant." for "until the Board has ruled upon the grievance."

1991 - Par. (8). Pub. L. 102-138 substituted "exercised his

authority under subsection (a)(3) of section 4010 of this title"

for "determined that there is reasonable cause to believe that a

grievant has committed a job-related crime for which a sentence of

imprisonment may be imposed and has taken action to suspend the

grievant without pay pending a final resolution of the underlying

matter".

1989 - Par. (8). Pub. L. 101-167 inserted at end "Notwithstanding

the first sentence of this paragraph, the Board's authority to

suspend such action shall not extend to instances where the

Secretary, or his designee, has determined that there is reasonable

cause to believe that a grievant has committed a job-related crime

for which a sentence of imprisonment may be imposed and has taken

action to suspend the grievant without pay pending a final

resolution of the underlying matter."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4010 of this title.

-End-

-CITE-

22 USC Sec. 4137 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4137. Foreign Service Grievance Board decisions

-STATUTE-

(a) Record; findings of fact and statement of reasons

Upon completion of its proceedings, the Board shall expeditiously

decide the grievance on the basis of the record of proceedings. In

each case the decision of the Board shall be in writing, and shall

include findings of fact and a statement of the reasons for the

decision of the Board.

(b) Authority of Department upon finding of meritorious grievance

If the Board finds that the grievance is meritorious, the Board

shall have the authority to direct the Department -

(1) to correct any official personnel record relating to the

grievant which the Board finds to be inaccurate or erroneous, to

have an omission, or to contain information of a falsely

prejudicial character;

(2) to reverse a decision denying the grievant compensation or

any other perquisite of employment authorized by laws or

regulations when the Board finds that such decision was

arbitrary, capricious, or contrary to laws or regulations;

(3) to retain in the Service a member whose separation would be

in consequence of the matter by which the member is aggrieved;

(4) to reinstate the grievant, and to grant the grievant back

pay in accordance with section 5596(b)(1) of title 5;

(5) to pay reasonable attorney fees to the grievant to the same

extent and in the same manner as such fees may be required by the

Merit Systems Protection Board under section 7701(g) of title 5;

and

(6) to take such other remedial action as may be appropriate

under procedures agreed to by the Department and the exclusive

representative (if any).

(c) Finality of decisions; judicial review

Except as provided in subsection (d) of this section, decisions

of the Board under this subchapter shall be final, subject only to

judicial review as provided in section 4140 of this title.

(d) Recommendations

(1) If the Board finds that the grievance is meritorious and that

remedial action should be taken that relates directly to promotion,

tenure or assignment of the grievant or to other remedial action

not otherwise provided for in this section, or if the Board finds

that the evidence before it warrants disciplinary action against

any employee of the Department or member of the Service, it shall

make an appropriate recommendation to the Secretary. The Secretary

shall make a written decision on the recommendation of the Board

within 30 days after receiving the recommendation. The Secretary

shall implement the recommendation of the Board except to the

extent that, in a decision made within that 30-day period, the

Secretary rejects the recommendation in whole or in part on the

basis of a determination that implementation of the recommendation

would be contrary to law or would adversely affect the foreign

policy or national security of the United States. If the Secretary

rejects the recommendation in whole or in part, the decision shall

specify the reasons for such action. Pending the decision of the

Secretary, there shall be no ex parte communication concerning the

grievance between the Secretary and any person involved in the

proceedings of the Board. The Secretary shall, however, have access

to the entire record of the proceedings of the Board.

(2) A recommendation under paragraph (1) shall, for purposes of

section 4140 of this title, be considered a final action upon the

expiration of the 30-day period referred to in such paragraph,

except to the extent that it is rejected by the Secretary by an

appropriate written decision.

(3)(A) If the Secretary makes a written decision under paragraph

(1) rejecting a recommendation in whole or in part on the basis of

a determination that implementing such recommendation would be

contrary to law, the Secretary shall, within the 30-day period

referred to in such paragraph -

(i) submit a copy of such decision to the Board; and

(ii) request that the Board reconsider its recommendation or,

if less than the entirety is rejected, that the Board reconsider

the portion rejected.

(B)(i) Within 30 days after receiving a request under

subparagraph (A), the Board shall, after reviewing the Secretary's

decision, make a recommendation to the Secretary either confirming,

modifying, or vacating its original recommendation or, if less than

the entirety was rejected, the portion involved.

(ii) Reconsideration under this subparagraph shall be limited to

the question of whether implementing the Board's original

recommendation, either in whole or in part, as applicable, would be

contrary to law.

(C) A recommendation made under subparagraph (B) shall be

considered a final action for purposes of section 4140 of this

title, and shall be implemented by the Secretary.

(e) Record of grievances; copy to committee of Congress; right of

review

(1) The Board shall maintain records of all grievances awarded in

favor of the grievant in which the grievance concerns gross

misconduct by a supervisor. Subject to paragraph (2), the Committee

on Foreign Relations of the Senate shall be provided with a copy of

the grievance decision whenever such a supervisor is nominated for

any position requiring the advice and consent of the Senate and the

Board shall provide access to the entire record of any proceedings

of the Board concerning such a grievance decision to any Member of

the Committee on Foreign Relations upon a request by the Chairman

or Ranking Minority Member of such committee.

(2)(A) Except as provided in subparagraph (B), all decisions,

proceedings, and other records disclosed pursuant to paragraph (1)

shall be treated as confidential and may be disclosed only to

Committee members and appropriate staff.

(B) Whenever material is provided to the Committee or a Member

thereof pursuant to paragraph (1), the Board shall, at the same

time, provide a copy of all such material to the supervisor who is

the subject of such material.

(C) A supervisor who is the subject of records disclosed to the

committee (!1) pursuant to this subsection shall have the right to

review such record and provide comments to the Committee concerning

such record. Such comments shall be treated in a confidential

manner.

(f) Alleged discrimination; substantive law to be applied

The Board shall, with respect to any 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, apply the

substantive law that would be applied by the Equal Employment

Opportunity Commission if a charge or claim alleging discrimination

under such law, rule, regulation, or policy directive had been

filed with the commission.(!1)

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1107, Oct. 17, 1980, 94 Stat. 2146;

Pub. L. 100-204, title I, Secs. 181(a), (b), 182, Dec. 22, 1987,

101 Stat. 1363, 1364; Pub. L. 102-138, title I, Sec. 153(c), Oct.

28, 1991, 105 Stat. 673.)

-MISC1-

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-138 added subsec. (f).

1987 - Subsec. (d). Pub. L. 100-204, Sec. 181(a), (b), designated

existing provisions as par. (1), inserted ", tenure" after

"promotion" in first sentence, and added pars. (2) and (3).

Subsec. (e). Pub. L. 100-204, Sec. 182, added subsec. (e).

EFFECTIVE DATE OF 1991 AMENDMENT

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.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-204 not applicable with respect to any

grievance in which the Board has issued a final decision pursuant

to this section before Dec. 22, 1987, see section 181(e) of Pub. L.

100-204, set out as a note under section 3946 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3946, 4004, 4010 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

22 USC Sec. 4138 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4138. Access to records

-STATUTE-

(a) Review by Foreign Service Grievance Board of decision denying

access

If a grievant is denied access to any agency record prior to or

during the consideration of the grievance by the Department, the

grievant may raise such denial before the Board in connection with

the grievance.

(b) Access by Foreign Service Grievance Board; relevant and

material records; adverse effect on national security or foreign

policy

In considering a grievance, the Board shall have access to any

agency record as follows:

(1)(A) The Board shall request access to any agency record

which the grievant requests to substantiate the grievance if the

Board determines that such record may be relevant and material to

the grievance.

(B) The Board may request access to any other agency record

which the Board determines may be relevant and material to the

grievance.

(2) Any agency shall make available to the Board any agency

record requested under paragraph (1) unless the head or deputy

head of such agency personally certifies in writing to the Board

that disclosure of the record to the Board and the grievant would

adversely affect the foreign policy or national security of the

United States or that such disclosure is prohibited by law. If

such a certification is made with respect to any record, the

agency shall supply to the Board a summary or extract of such

record unless the reasons specified in the preceding sentence

preclude such a summary or extract.

(c) Access by grievant

If the Board determines that an agency record, or a summary or

extract of a record, made available to the Board under subsection

(b) of this section is relevant and material to the grievance, the

agency concerned shall make such record, summary, or extract, as

the case may be, available to the grievant.

(d) Denial of access as factor in determination of grievance

In considering a grievance, the Board may take into account the

fact that the grievant or the Board was denied access to an agency

record which the Board determines is or may be relevant and

material to the grievance.

(e) Proceedings and decisions of Foreign Service Grievance Board

The grievant in any case decided by the Board shall have access

to the record of the proceedings and the decision of the Board.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1108, Oct. 17, 1980, 94 Stat. 2147.)

-End-

-CITE-

22 USC Sec. 4139 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4139. Relationship to other remedies

-STATUTE-

(a)(1) A grievant may not file a grievance with the Board if the

grievant has formally requested, prior to filing a grievance, that

the matter or matters which are the basis of the grievance be

considered or resolved and relief be provided under another

provision of law, regulation, or Executive order, other than under

section 1214 or 1221 of title 5, and the matter has been carried to

final decision under such provision on its merits or is still under

consideration.

(2) If a grievant is not prohibited from filing a grievance under

paragraph (1), the grievant may file with the Board a grievance

which is also eligible for consideration, resolution, and relief

under chapter 12 of title 5 or a regulation or Executive order

other than under this subchapter. An election of remedies under

this subsection shall be final upon the acceptance of jurisdiction

by the Board.

(3) This subsection shall not apply to any grievance with respect

to which subsection (b) of this section applies.

(b)(1) With respect to a grievance based on an alleged violation

of a law, rule, regulation, or policy directive referred to in

section 4131(a)(1)(H) of this title, a grievant may either -

(A) file a grievance under this subchapter, or

(B) initiate in writing a proceeding under another provision of

law, regulation, or Executive order that authorizes relief,

but not both.

(2) A grievant shall be considered to have exercised the option

under paragraph (1) as soon as the grievant timely either -

(A) files a grievance under this subchapter, or

(B) initiates in writing a proceeding under such other

provision of law, regulation, or Executive order.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1109, Oct. 17, 1980, 94 Stat. 2148;

Pub. L. 101-12, Sec. 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L.

102-138, title I, Sec. 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-138, Sec. 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, Sec. 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".

EFFECTIVE DATE OF 1991 AMENDMENT

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.

EFFECTIVE DATE OF 1989 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4115, 4131 of this title.

-End-

-CITE-

22 USC Sec. 4140 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI - GRIEVANCES

-HEAD-

Sec. 4140. Judicial review

-STATUTE-

(a) Any aggrieved party may obtain judicial review of a final

action of the Secretary or the Board on any grievance in the

district courts of the United States in accordance with the

standards set forth in chapter 7 of title 5, if the request for

judicial review is filed not later than 180 days after the final

action of the Secretary or the Board (or in the case of an

aggrieved party who is posted abroad at the time of the final

action of the Secretary or the Board, if the request for judicial

review is filed not later than 180 days after the aggrieved party's

return to the United States). Section 706 of title 5 shall apply

without limitation or exception. This subsection shall not apply to

any grievance with respect to which subsection (b) of this section

applies.

(b)(1) For purposes of this subsection, the term "aggrieved

party" means a grievant.

(2) 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, judicial review of whether the act,

omission, or condition that is the basis of the grievance violates

such law, rule, regulation, or policy directive may be obtained by

an aggrieved party only if such party commences a civil action, not

later than 90 days after such party receives notice of the final

action of the Secretary or the Board, in an appropriate district

court of the United States for de novo review.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1110, Oct. 17, 1980, 94 Stat. 2148;

Pub. L. 102-138, title I, Sec. 153(e), Oct. 28, 1991, 105 Stat.

674; Pub. L. 103-236, title I, Sec. 177(b), Apr. 30, 1994, 108

Stat. 414.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236 inserted before period at end

of first sentence ", if the request for judicial review is filed

not later than 180 days after the final action of the Secretary or

the Board (or in the case of an aggrieved party who is posted

abroad at the time of the final action of the Secretary or the

Board, if the request for judicial review is filed not later than

180 days after the aggrieved party's return to the United States)".

1991 - Pub. L. 102-138 designated existing provisions as subsec.

(a), inserted provision that subsec. (a) not apply to any grievance

with respect to which subsec. (b) applies, and added subsec. (b).

EFFECTIVE DATE OF 1991 AMENDMENT

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.

JUDICIAL REVIEW OF CERTAIN FOREIGN SERVICE GRIEVANCES

Pub. L. 101-246, title I, Sec. 152, Feb. 16, 1990, 104 Stat. 42,

provided that: "For the purposes of judicial review under section

1110 of the Foreign Service Act of 1980 [22 U.S.C. 4140], any

recommendation made by the Foreign Service Grievance Board with

respect to the tenure of a grievant which was reviewed by the

Secretary of State before the date of enactment of the Foreign

Relations Authorization Act, Fiscal Years 1988 and 1989 [Dec. 22,

1987], shall be considered to be a final action of the Department

of State, and any such recommendation shall be considered to have

been made within the authority of the Foreign Service Grievance

Board."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4010, 4137 of this title.

-End-

-CITE-

22 USC SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP

PROGRAM 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI09A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-

SUBCHAPTER XI-A - FOREIGN SERVICE INTERNSHIP PROGRAM

-End-

-CITE-

22 USC Sec. 4141 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI09A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-

Sec. 4141. Statement of policy; objectives

-STATUTE-

(a) Statement of policy

Consistent with the findings of section 3901 of this title, the

Foreign Service of the United States should be representative of

the American people. In order to facilitate and encourage the entry

into the Foreign Service of individuals who meet the rigorous

requirements of the Service, while ensuring a Foreign Service

system which reflects the cultural and ethnic diversity of the

United States, intensive recruitment efforts are mandated. This is

particularly true for Native Americans, African Americans, and

Hispanic Americans, where other affirmative action and equal

opportunity efforts have not been successful in attracting the

ablest applicants for entry into the Foreign Service. The United

States remains committed to equal opportunity and to a Foreign

Service system operated on the basis of merit principles.

(b) Objectives

The objective of this subchapter is to strengthen and improve the

Foreign Service of the United States through the establishment of a

Foreign Service Internship Program. The program shall promote the

Foreign Service as a viable and rewarding career opportunity for

qualified individuals who reflect the cultural and ethnic diversity

of the United States through a highly selective internship program

for students enrolled in institutions of higher education.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1201, as added Pub. L. 101-246,

title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 39.)

-End-

-CITE-

22 USC Sec. 4141a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI09A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-

Sec. 4141a. Foreign Service Internship Program

-STATUTE-

(a) Establishment

In consultation with the heads of other agencies utilizing the

Foreign Service system, the Secretary of State shall establish a

Foreign Service internship program to carry out the objectives of

this subchapter in accordance with the provisions of this

subchapter.

(b) Foreign Service Internship Program

The program shall introduce interns to the practice of diplomacy

and the unique rewards of the Foreign Service. The program shall

consist of three successive summer internships of not less than

eight weeks duration in each year to be completed over the course

of not more than four years. Special emphasis shall be given to

preparing the intern for the Foreign Service examination process.

In each year not less than 10 interns shall enter the program.

(c) Eligibility to participate

(1) Students enrolled full-time in institutions of higher

education from groups which are underrepresented in the Foreign

Service in terms of the cultural and ethnic diversity of the

Foreign Service and for whom equal opportunity and affirmative

action recruitment efforts have not been successful in achieving

balanced representation in appointments to the Foreign Service

shall be eligible to be interns in programs under this subchapter.

(2) An intern shall have successfully completed not less than one

academic year of study at an institution of higher education to be

admitted to the program. In each succeeding year of participation

an intern shall have completed an additional year of undergraduate

or graduate study and shall maintain an exemplary record of

academic achievement.

(3) In selecting interns, the Secretary shall consider only the

ablest students of superior ability selected on the basis of

demonstrated achievement and exceptional promise whose academic

records reflect the requisite standards of performance necessary

for the Foreign Service.

(d) Summer internships

(1) The primary focus of the first internship shall be the study

of international relations, the functions of the Department of

State and other agencies which utilize the Foreign Service system,

and the nature of the Foreign Service. The internship shall be held

in Washington, District of Columbia, at the Department of State. As

appropriate, the Secretary shall utilize the personnel and

facilities of the George P. Shultz National Foreign Affairs

Training Center.

(2) The second internship shall be, principally, an assignment to

a specific bureau of the Department of State. Emphasis shall be on

providing insight into the economic and political functional areas.

(3) The third internship shall be an assignment to a United

States mission abroad in the political or economic area.

(4) The first and second internships may include a detail to the

Congress.

(e) Administration

The Secretary of State shall determine the academic requirements,

other selection criteria, and standards for successful completion

of each internship period. The Secretary shall be responsible for

the design, implementation, and operation of the program.

(f) Mentors

Each intern shall be assigned a career Foreign Service officer as

a mentor. The mentor shall act as a counselor and advisor

throughout each summer internship and as a personal Foreign Service

contact throughout the period of participation in the program. In

the assignment of mentors, the Secretary shall give preference to

Foreign Service officers who volunteer for such assignment and who

may be role models for the interns.

(g) Compensation

Interns shall be compensated at a rate determined by the

Secretary which shall not be less than the compensation of

comparable summer interns at the Department of State. As determined

by the Secretary, for the purposes of travel, housing, health

insurance, and other appropriate benefits, interns shall be

considered employees of the Foreign Service during each internship

period.

(h) Study of Foreign Service examination

The Secretary of State shall study the feasibility of

administering the Foreign Service examination in separate segments

over several years. Not later than 180 days after February 16,

1990, the Secretary shall submit a report summarizing the findings

of such a study to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1202, as added Pub. L. 101-246,

title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 40; amended Pub. L.

107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412.)

-COD-

CODIFICATION

February 16, 1990, referred to in subsec. (h), was in the

original "the date of the enactment of this Act", which was

translated as meaning the date of enactment of Pub. L. 101-246,

which enacted this subchapter, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-132 substituted "George P.

Shultz National Foreign Affairs Training Center" for "Foreign

Service Institute".

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 4141b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI09A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-

Sec. 4141b. Report to Congress

-STATUTE-

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)

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1203, as added Pub. L. 101-246,

title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 41.)

-REFTEXT-

REFERENCES IN TEXT

Section 3905(d)(2) of this title, referred to in text, was

omitted from the Code.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-

22 USC Sec. 4141c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XI09A - FOREIGN SERVICE INTERNSHIP PROGRAM

-HEAD-

Sec. 4141c. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-465, title I, Sec. 1204, as added Pub. L. 101-246,

title I, Sec. 149(b), Feb. 16, 1990, 104 Stat. 41.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

22 USC SUBCHAPTER XII - TRANSITION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

SUBCHAPTER XII - TRANSITION

-End-

-CITE-

22 USC Sec. 4151 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4151. Pay and benefits pending conversion

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2101, Oct. 17, 1980, 94 Stat.

2148.)

-COD-

CODIFICATION

"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.

-End-

-CITE-

22 USC Sec. 4152 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4152. Conversion to Foreign Service Schedule

-STATUTE-

(a) Not later than 120 days after February 15, 1981, the

Secretary shall, in accordance with section 4156 of this title,

convert to the appropriate class in the Foreign Service Schedule

established under section 3963 of this title those individuals in

the Foreign Service who are serving immediately before February 15,

1981, under appointments at or below class 3 of the schedule

established under section 412 or 414 of the Foreign Service Act of

1946, or at any class in the schedule established under section 415

of such Act, as -

(1) Foreign Service officers, or

(2) Foreign Service Reserve officers with limited or unlimited

tenure, and Foreign Service staff officers or employees, who the

Secretary determines are available for worldwide assignment.

(b) Not later than 3 years after February 15, 1981, Foreign

Service Reserve officers and staff officers and employees who the

Secretary determines under subsection (a)(2) of this section are

not available for worldwide assignment shall also be converted, in

accordance with section 4156 of this title, to the appropriate

class in the Foreign Service Schedule established under section

3963 of this title if -

(1) the Secretary certifies that there is a need for their

services in the Foreign Service; and

(2) they agree in writing to accept availability for worldwide

assignment as a condition of continued employment.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2102, Oct. 17, 1980, 94 Stat.

2148.)

-REFTEXT-

REFERENCES IN 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, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-COD-

CODIFICATION

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4151, 4154 of this title.

-End-

-CITE-

22 USC Sec. 4153 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4153. Conversion to Senior Foreign Service

-STATUTE-

(a) Criteria; application less than 120 days after effective date

of Foreign Service Act of 1980

Foreign Service officers and Foreign Service Reserve officers

with limited or unlimited tenure who, immediately before February

15, 1981, are serving under appointments at class 2 or a higher

class of the schedule established under section 412 or 414 of the

Foreign Service Act of 1946 may at any time within 120 days after

such date submit to the Secretary a written request for appointment

to the Senior Foreign Service.

(b) Limited appointment

Except as provided in subsection (d) of this section, if a

request is submitted under subsection (a) of this section by a

Foreign Service Reserve officer with limited tenure, the Secretary

shall grant to such officer a limited appointment to the Senior

Foreign Service in the appropriate class established under section

3962 of this title.

(c) Career appointment

If a request is submitted under subsection (a) of this section by

a Foreign Service officer or, except as provided in subsection (d)

of this section, a Foreign Service Reserve officer with unlimited

tenure, the Secretary shall recommend to the President a career

appointment of such officer, by and with the advice and consent of

the Senate, to the Senior Foreign Service in the appropriate class

established under section 3962 of this title.

(d) Availability for worldwide assignment

If the Secretary determines that a Foreign Service Reserve

officer with limited or unlimited tenure who submits a request

under subsection (a) of this section is not available for worldwide

assignment, an appointment under subsection (b) of this section or

a recommendation for appointment under subsection (c) of this

section shall be made only if -

(1) the Secretary certifies that there is a need for the

services of such officer in the Senior Foreign Service; and

(2) such officer agrees in writing to accept availability for

worldwide assignment as a condition of continued employment.

(e) Application more than 120 days after effective date of Foreign

Service Act of 1980

If a Foreign Service officer or a Foreign Service Reserve officer

who is eligible to submit a request under subsection (a) of this

section submits a written request for appointment to the Senior

Foreign Service to the Secretary more than 120 days after February

15, 1981, and before the end of the 3-year period beginning on

February 15, 1981, the Secretary (in the case of a Foreign Service

Reserve officer with limited tenure) may grant a limited

appointment to, or (in the case of a Foreign Service officer or

Foreign Service Reserve officer with unlimited tenure) may

recommend to the President a career appointment of, the requesting

officer to the appropriate class established under section 3962 of

this title, subject to the conditions specified in subsection (d)

of this section and such other conditions as the Secretary may

prescribe consistent with the provisions of subchapter VI of this

chapter relating to promotion into the Senior Foreign Service.

(f) Forced conversion

Any officer of the Foreign Service who is eligible to submit a

request under subsection (a) of this section and -

(1) who does not submit a request under subsection (a) of this

section, or

(2) who submits such a request more than 120 days after

February 15, 1981, and is not appointed to the Senior Foreign

Service for any reason other than failure to meet the conditions

specified in subsection (d) of this section,

may not remain in the Foreign Service for more than 3 years after

February 15, 1981. During such period, the officer shall be subject

to the provisions of subchapters I to XI of this chapter applicable

to members of the Senior Foreign Service, except that such officer

shall not be eligible to compete for performance pay under section

3965 of this title, and shall not be eligible for a limited career

extension as described in section 4007(b) of this title. Upon

separation from the Service, any such officer who is a participant

in the Foreign Service Retirement and Disability System shall be

entitled to retirement benefits on the same basis as a member

retired from the Senior Foreign Service under section 4007(c)(1) of

this title, and section 4009(a)(2)(B) of this title shall be deemed

to apply to such officer.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2103, Oct. 17, 1980, 94 Stat. 2149;

Pub. L. 98-164, title I, Sec. 128, Nov. 22, 1983, 97 Stat. 1027.)

-REFTEXT-

REFERENCES IN TEXT

Sections 412 and 414 of the Foreign Service Act of 1946, referred

to in subsec. (a), which were classified to sections 867 and 869,

respectively, of this title, were repealed by Pub. L. 96-465, title

II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-COD-

CODIFICATION

In subsecs. (a), (e), and (f), "February 15, 1981" substituted

for "the effective date of this Act" and "such effective date"

pursuant to section 2403 of Pub. L. 96-465, set out as an Effective

Date note under section 3901 of this title.

-MISC1-

AMENDMENTS

1983 - Subsec. (f). Pub. L. 98-164 substituted provisions

relating to applicability of sections 4007(c)(1) and 4009(a)(2)(B)

of this title, for provisions relating to applicability of

subchapter VIII of this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4151, 4154 of this title.

-End-

-CITE-

22 USC Sec. 4154 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4154. Conversion from Foreign Service

-STATUTE-

(a) Individuals serving under appointment

In the case of any individual in the Foreign Service who,

immediately before February 15, 1981, is serving under an

appointment described in section 4152(a) or 4153(a) of this title

and who is not converted under section 4152 or section 4153 of this

title because such individual does not meet the conditions

specified in section 4152(b) or 4153(d) of this title, the

Secretary shall, not later than 3 years after February 15, 1981,

provide that -

(1) the position such individual holds shall be subject to

chapter 51 and subchapter III of chapter 53 of title 5;

(2) such individual shall be appointed to such position without

competitive examination; and

(3) such position shall be considered to be in the competitive

service so long as the individual continues to hold that

position;

except that any such individual who meets the eligibility

requirements for the Senior Executive Service and who elects to

join that Service shall be converted by the Secretary to the Senior

Executive Service in the appropriate rate of basic pay established

under section 5382 of title 5.

(b) United States Information Agency individuals

In the case of individuals in the Foreign Service in the United

States Information Agency who immediately before October 17, 1980,

are covered by a collective bargaining agreement between the Agency

and the exclusive representative of those individuals, the 3-year

period referred to in subsection (a) of this section shall begin on

July 1, 1981.

(c) Department of State security officers

The three-year period referred to in subsection (a) of this

section shall be extended for an additional period not to exceed

one year from November 22, 1983, in the case of Department of State

security officers who are members of the Service and who were

initially ineligible for conversion under that subsection because

they were available for worldwide assignment and there was a need

for their services in the Service, but as to whom subsequent events

require the services of these members (and of those later employed

who are similarly situated) only or primarily for domestic

functions.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2104, Oct. 17, 1980, 94 Stat. 2150;

Pub. L. 97-241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat.

291; Pub. L. 98-164, title I, Sec. 132, Nov. 22, 1983, 97 Stat.

1028.)

-COD-

CODIFICATION

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.

In subsec. (c), "November 22, 1983" was in the original "the date

of enactment of this section" which was translated as meaning the

date of enactment of this subsection, as the probable intent of

Congress.

-MISC1-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 98-164 added subsec. (c).

-CHANGE-

CHANGE OF NAME

"United States Information Agency" substituted for "International

Communication Agency" in subsec. (b), pursuant to section 303(b) of

Pub. L. 97-241, set out as a note under section 1461 of this title.

United States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4156 of this title.

-End-

-CITE-

22 USC Sec. 4155 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4155. Conversion of certain positions in Department of

Agriculture

-STATUTE-

(a) Designation and classification of positions to be occupied;

notice

Not later than 15 days after February 15, 1981, the Secretary of

Agriculture shall -

(1) designate and classify under section 3981 of this title

those positions in the Foreign Agricultural Service under the

General Schedule described in section 5332 of title 5 which the

Secretary of Agriculture determines are to be occupied by career

members of the Foreign Service, and

(2) provide written notice to individuals holding those

positions of such designation and classification of the personnel

category under section 3903 of this title which will apply to

such individual.

(b) Election to convert

Each employee serving in a position at the time it is designated

under subsection (a) of this section shall, not later than 120 days

after notice of such designation, elect -

(1) to accept conversion to the Foreign Service, in which case

such employee shall be converted in accordance with the

provisions of subsection (c) of this section; or

(2) to decline conversion to the Foreign Service and have the

provisions of subsection (d) of this section apply.

(c) Recommendations for appointment

(1) The Secretary of Agriculture shall recommend to the President

for appointment to the appropriate class (as determined under

paragraph (2)), by and with the advice and consent of the Senate,

those employees who elect conversion under subsection (a)(1) of

this section.

(2) The Secretary of Agriculture shall appoint as Foreign Service

personnel those employees who elect to accept conversion and who

are not eligible for appointment under paragraph (1).

(d) Results of declining to convert

Any employee who declines conversion under subsection (b)(2) of

this section shall for so long as that employee continues to hold

the designated position be deemed to be a member of the Foreign

Service for purposes of allowances, differentials, and similar

benefits (as determined by the Secretary of Agriculture).

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2105, Oct. 17, 1980, 94 Stat.

2150.)

-COD-

CODIFICATION

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.

-End-

-CITE-

22 USC Sec. 4156 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4156. Preservation of status and benefits

-STATUTE-

(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

(1) Every individual who is converted under this subchapter shall

be converted to the class or grade and pay rate that most closely

corresponds to the class or grade and step at which the individual

was serving immediately before conversion. No conversion under this

subchapter shall cause any individual to incur a reduction in his

or her class, grade, or basic rate of salary.

(2) An individual converted under section 4154 of this title to a

position in the competitive service shall be entitled to have that

position, or any other position to which the individual is

subsequently assigned (other than at the request of the

individual), be considered for all purposes as at the grade which

corresponds to the class in which the individual served immediately

before conversion so long as the individual continues to hold that

position.

(b) Participation in Foreign Service Retirement and Disability

System

(1) Any participant in the Foreign Service Retirement and

Disability System who would, but for this paragraph, participate in

the Civil Service Retirement and Disability System by virtue of

conversion under this subchapter shall remain a participant in the

Foreign Service Retirement and Disability System for 120 days after

participation in the Foreign Service Retirement and Disability

System would otherwise cease. During such 120-day period, the

individual may elect in writing to continue to participate in the

Foreign Service Retirement and Disability System instead of the

Civil Service Retirement and Disability System so long as he or she

is employed in an agency which is authorized to utilize the Foreign

Service personnel system. If such an election is not made, the

individual shall then be covered by the Civil Service Retirement

and Disability System and contributions made by the participant to

the Foreign Service Retirement and Disability Fund shall be

transferred to the Civil Service Retirement and Disability Fund.

(2) Any Foreign Service Reserve officer with limited tenure who

has reemployment rights to a personnel category in the Foreign

Service in which he or she would be a participant in the Foreign

Service Retirement and Disability System and who would, but for

this paragraph, continue to participate in the Civil Service

Retirement and Disability System by virtue of conversion under

section 4154 of this title may elect, during the 120-day period

beginning on the date of such conversion, to become a participant

in the Foreign Service Retirement and Disability System so long as

he or she is employed in an agency which is authorized to utilize

the Foreign Service personnel system. If such an election is made,

the individual shall be transferred to the Foreign Service

Retirement and Disability System and contributions made by that

individual to the Civil Service Retirement and Disability Fund

shall be transferred to the Foreign Service Retirement and

Disability Fund.

(c) Conversion to type of appointment corresponding in tenure to

that prior to conversion

Individuals who are converted under this subchapter shall be

converted to the type of appointment which corresponds most closely

in tenure to the type of appointment under which they were serving

immediately prior to such conversion, except that this subchapter

shall not operate to extend the duration of any limited appointment

or previously applicable time in class.

(d) Reappointment resulting from enactment of Foreign Service Act

of 1980

Any individual who on February 15, 1981, is serving -

(1) under an appointment in the Foreign Service, or

(2) in any other office or position continued by this chapter,

may continue to serve under such appointment, subject to the

provisions of this chapter, and need not be reappointed by virtue

of the enactment of this chapter.

(e) Deferment of retirement provisions

Any individual in the Foreign Service -

(1) who is serving under a career appointment on October 17,

1980, and

(2) who was not subject to section 633(a)(2) of the Foreign

Service Act of 1946 immediately before February 15, 1981,

may not be retired under section 4008 of this title until 10 years

after February 15, 1981, or when such individual first becomes

eligible for an immediate annuity under subchapter VIII of this

chapter, whichever occurs first.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2106, Oct. 17, 1980, 94 Stat.

2151.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d), 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.

Section 633(a)(2) of the Foreign Service Act of 1946, referred to

in subsec. (e)(2), which was classified to section 1003(a)(2) of

this title, was repealed by Pub. L. 96-465, title II, Sec. 2205(1),

Oct. 17, 1980, 94 Stat. 2159.

-COD-

CODIFICATION

In subsecs. (d) and (e), "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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4152 of this title.

-End-

-CITE-

22 USC Sec. 4157 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4157. Regulations

-STATUTE-

Under the direction of the President, the Secretary shall

prescribe regulations for the implementation of this subchapter.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2107, Oct. 17, 1980, 94 Stat.

2152.)

-TRANS-

DELEGATION OF FUNCTIONS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4158 of this title.

-End-

-CITE-

22 USC Sec. 4158 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4158. Authority of other agencies

-STATUTE-

The heads of agencies other than the Department of State which

utilize the Foreign Service personnel system shall perform

functions under this subchapter in accordance with regulations

prescribed by the Secretary of State under section 4157 of this

title. Such agency heads shall consult with the Secretary of State

in the exercise of such functions.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2108, Oct. 17, 1980, 94 Stat.

2152.)

-End-

-CITE-

22 USC Sec. 4159 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XII - TRANSITION

-HEAD-

Sec. 4159. Survivor benefits for certain former spouses

-STATUTE-

(a) Eligible participants; election of benefits

Any participant or former participant in the Foreign Service

Retirement and Disability System who on February 15, 1981, has a

former spouse may, by a spousal agreement, elect to receive a

reduced annuity and provide a survivor annuity for such former

spouse under section 4054(b) of this title.

(b) Time of election

(1) If the participant or former participant has not retired

under such system on or before February 15, 1981, an election under

this section may be made at any time before retirement.

(2) If the participant or former participant has retired under

such system on or before February 15, 1981, an election under this

section may be made within such period after February 15, 1981, as

the Secretary of State may prescribe.

(3) For purposes of applying subchapter VIII of this chapter, any

such election shall be treated the same as if it were a spousal

agreement under section 4060(b)(1) of this title.

(c) Portion of annuity as basis for benefits

An election under this section may provide for a survivor benefit

based on all or any portion of that part of the annuity of the

participant which is not designated or committed as a base for

survivor benefits for a spouse or any other former spouse of the

participant. The participant and his or her spouse may make an

election under section 4046(b)(1)(B) of this title prior to the

time of retirement for the purpose of allowing an election to be

made under this section.

(d) Amount of reduction; effective date

The amount of the reduction in the participant's annuity shall be

determined in accordance with section 4046(b)(2) of this title.

Such reduction shall be effective as of -

(1) the commencing date of the participant's annuity, in the

case of an election under subsection (b)(1) of this section, or

(2) February 15, 1981, in the case of an election under

subsection (b)(2) of this section.

(e) Definitions

For purposes of this section, the terms "former spouse",

"participant", and "spousal agreement" have the meanings given such

terms in sections 4043 and 4044 of this title.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2109, Oct. 17, 1980, 94 Stat.

2152.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4069b, 4069b-1 of this

title.

-End-

-CITE-

22 USC SUBCHAPTER XIII - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-

SUBCHAPTER XIII - MISCELLANEOUS

-End-

-CITE-

22 USC Sec. 4171 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-

Sec. 4171. Model foreign language competence posts

-STATUTE-

(a) Designation of posts; time of designation and implementation;

determination of competency standards

In order to carry out the purposes of section 4022 of this title

and to help ascertain the relationship between foreign language

competence and the effectiveness of representation of the United

States abroad, the Secretary of State shall designate as model

foreign language competence posts at least two Foreign Service

posts in countries where English is not the common language. Such

designation shall be made no later than October 1, 1981, and shall

be implemented so that no later than October 1, 1983, each

Government employee permanently assigned to those posts shall

possess an appropriate level of competence in the language common

to the country where the post is located. The Secretary of State

shall determine appropriate levels of language competence for

employees assigned to those posts by reference to the nature of

their functions and the standards employed by the George P. Shultz

National Foreign Affairs Training Center.

(b) Continuation; report to Congress concerning operation of posts

and advantages of meeting competency requirements

The posts designated under subsection (a) of this section shall

continue as model foreign language competence posts at least until

September 30, 1985. The Secretary of State shall submit no later

than January 31, 1986, a report to the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate describing the operation of such posts and the costs,

advantages and disadvantages associated with meeting the foreign

language competence requirements of this section.

(c) Exceptions; report to Congress

The Secretary of State may authorize exceptions to the

requirements of this section if he determines that unanticipated

exigencies so require.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2207, Oct. 17, 1980, 94 Stat. 2163;

Pub. L. 103-236, title I, Sec. 139(7), (25), Apr. 30, 1994, 108

Stat. 398, 399; Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 115

Stat. 2412.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-132 substituted "George P. Shultz

National Foreign Affairs Training Center" for "Foreign Service

Institute".

1994 - Subsec. (c). Pub. L. 103-236, Sec. 139(7), (25), amended

subsec. (c) identically, striking out at end "Such exceptions shall

be annually reported to the Speaker of the House of Representatives

and the Committee on Foreign Relations of the Senate."

EXPANSION OF MODEL FOREIGN LANGUAGE COMPETENCE POSTS

Pub. L. 101-246, title I, Sec. 161, Feb. 16, 1990, 104 Stat. 46,

as amended by Pub. L. 101-302, title III, Sec. 320(b)(3), May 25,

1990, 104 Stat. 247; Pub. L. 105-277, div. G, subdiv. A, title

XXII, Sec. 2219(a)(1), Oct. 21, 1998, 112 Stat. 2681-817; Pub. L.

107-132, Sec. 1(b), Jan. 16, 2002, 115 Stat. 2412, provided that:

"(a) Designation of Posts. - In order to carry out the purposes

of section 702 of the Foreign Service Act of 1980 [22 U.S.C. 4022],

and in light of the positive report issued on March 28, 1986, by

the Department of State, as required by section 2207 of the Foreign

Service Act of 1980 [22 U.S.C. 4171], the Secretary of State shall

designate as model foreign language competence posts a minimum of

six Foreign Service posts, representing the Department of State's

five geographic bureaus, in countries where English is not the

common language. Such designation shall be made not later than 120

days after the date of enactment of this Act [Feb. 16, 1990], and

shall be implemented so that not later than October 1, 1991, in the

case of non-hard language posts, and October 1, 1992, in the case

of hard language posts, each Government employee permanently

assigned to those posts shall possess an appropriate level of

competence in the language common to the country where the post is

located. The Secretary of State shall determine appropriate levels

of language competence for employees assigned to those posts by

reference to the nature of their functions and the standards

employed by the George P. Shultz National Foreign Affairs Training

Center.

"(b) 'Hard Language Country' Post To Be Designated. - At least

one of the posts designated under subsection (a) shall be in a

'hard language' country, as identified in the report to the Under

Secretary of State for Management of May 12, 1986, entitled 'Hard

Language Proficiency in the Foreign Service'. Such post shall be in

one of the countries where the official or principal language is

Arabic, Chinese, Japanese, or Russian.

"(c) Termination Date. - The posts designated under subsection

(a) shall continue as model foreign language posts at least until

September 30, 1993, in the case of non-hard language posts, and

September 30, 1994, in the case of hard language posts.

"(d) Exemption Authority. - The Secretary of State may authorize

exceptions to the requirements of this section if -

"(1) he determines that unanticipated exigencies so require;

and

"(2) he immediately reports such exceptions to the Committee on

Foreign Relations of the Senate and the Committee on Foreign

Affairs [now Committee on International Relations] of the House

of Representatives.

"(e) Excluded Posts. - The posts designated under subsection (a)

may not include Dakar, Senegal, or Montevideo, Uruguay. The report

required under subsection (c) shall include progress made in these

posts in maintaining the high foreign language standards achieved

under the initial pilot program.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

section."

-End-

-CITE-

22 USC Sec. 4172 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-

Sec. 4172. Savings provisions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2401, Oct. 17, 1980, 94 Stat.

2168.)

-REFTEXT-

REFERENCES IN 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 (Sec. 801

et seq.) of this title, and was repealed by Pub. L. 96-465, title

II, Sec. 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.

-COD-

CODIFICATION

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.

-End-

-CITE-

22 USC Sec. 4173 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIII - MISCELLANEOUS

-HEAD-

Sec. 4173. Congressional oversight of implementation

-STATUTE-

(a), (b) Repealed. Pub. L. 100-204, title I, Sec. 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) 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.

-SOURCE-

(Pub. L. 96-465, title II, Sec. 2402, Oct. 17, 1980, 94 Stat. 2168;

Pub. L. 100-204, title I, Sec. 185(c)(2), Dec. 22, 1987, 101 Stat.

1366.)

-MISC1-

AMENDMENTS

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".

-End-

-CITE-

22 USC SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF

CONSULAR OFFICERS GENERALLY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR

OFFICERS GENERALLY

-COD-

CODIFICATION

Subchapter was not enacted as a part of the Foreign Service Act

of 1980 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 4191 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4191. General application of provisions to consular officers

-STATUTE-

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.

-SOURCE-

(R.S. Sec. 1689; Pub. L. 105-277, div. G, subdiv. B, title XXII,

Sec. 2222(b), Oct. 21, 1998, 112 Stat. 2681-818.)

-REFTEXT-

REFERENCES IN 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. Secs. 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. Secs. 1674 to 1752 to the Code, see

Tables.

-COD-

CODIFICATION

R.S. Sec. 1689 derived from act Aug. 18, 1856, ch. 127, Sec. 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.

-MISC1-

AMENDMENTS

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".

-End-

-CITE-

22 USC Sec. 4192 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4192. Repealed. Pub. L. 101-246, title I, Sec. 123, Feb. 16,

1990, 104 Stat. 27

-MISC1-

Section, R.S. Sec. 4082, related to solemnization of marriages by

consular officers of the United States in a foreign country.

-COD-

CODIFICATION

Pub. L. 101-246, Sec. 123, which directed the repeal of section

31 of the Act of June 22, 1860 (12 Stat. 79; 22 U.S.C. 4192), was

executed as though repealing section 4082 of the Revised Statutes,

which is classified to this section, to reflect the probable intent

of Congress. Section 31 of the Act of June 22, 1860, was restated

in section 4082 of the Revised Statutes and repealed by section

5596 of the Revised Statutes.

-End-

-CITE-

22 USC Sec. 4193 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4193. Protests

-STATUTE-

Consuls and vice consuls shall have the right, in the ports or

places to which they are severally appointed, of receiving the

protests or declarations which captains, masters, crews,

passengers, or merchants, who are citizens of the United States,

may respectively choose to make there; and also such as any

foreigner may choose to make before them relative to the personal

interest of any citizen of the United States.

-SOURCE-

(R.S. Sec. 1707; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992.)

-COD-

CODIFICATION

R.S. Sec. 1707 derived from act Apr. 14, 1792, ch. 24, Sec. 2, 1

Stat. 255.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1173 of this title,

and prior thereto to section 73 of this title.

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, repealed second sentence relating to

authenticated copies of consular acts received as evidence.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4194 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4194. Lists and returns of seamen and vessels, etc.

-STATUTE-

Every consular officer shall keep a detailed list of all seamen

and mariners shipped and discharged by him, specifying their names

and the names of the vessels on which they are shipped and from

which they are discharged, and the payments, if any, made on

account of each so discharged; also of the number of the vessels

arrived and departed, the amounts of their registered tonnage, and

the number of their seamen and mariners, and of those who are

protected, and whether citizens of the United States or not, and as

nearly as possible the nature and value of their cargoes, and where

produced, and shall make returns of the same, with their accounts

and other returns, to the Secretary of Commerce.

-SOURCE-

(R.S. Sec. 1708; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829;

Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736.)

-COD-

CODIFICATION

R.S. Sec. 1708 derived from act Aug. 18, 1856, ch. 127, Sec. 27,

11 Stat. 62.

Act Feb. 14, 1903, substituted "Secretary of Commerce and Labor"

for "Secretary of the Treasury". Act Mar. 4, 1913, substituted

"Secretary of Commerce" for "Secretary of Commerce and Labor".

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1174 of this title,

and prior thereto to section 74 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Certain shipping and navigation functions of Secretary of

Commerce transferred to Commandant of Coast Guard and Commissioner

of Customs by Reorg. Plan No. 3 of 1946, Secs. 101 to 104, eff.

July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, 1098 set out in the

Appendix to Title 5, Government Organization and Employees.

Functions of all officers of Department of the Treasury [which

included Commandant of Coast Guard and Commissioner of Customs],

and functions of all agencies and employees of Department,

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Secs. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

Appendix to Title 5. Coast Guard was generally a service in

Department of the Treasury but such Plan excepted, from transfer,

functions of Coast Guard, and of Commandant thereof, when Coast

Guard was operating as a part of Navy under section 3 of Title 14,

Coast Guard.

Coast Guard transferred to Department of Transportation and

functions, powers, and duties, relating to Coast Guard, of

Secretary of the Treasury and of other offices and officers of

Department of the Treasury transferred to Secretary of

Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80

Stat. 931. Section 6(b)(2) of Pub. L. 89-670, however, provided

that notwithstanding such transfer of functions, Coast Guard shall

operate as part of Navy in time of war or when President directs as

provided in section 3 of Title 14. See section 108 of Title 49,

Transportation.

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4195 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4195. Repealed. Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.

A, title II, Sec. 234(a)], Nov. 29, 1999, 113 Stat. 1536,

1501A-426

-MISC1-

Section, R.S. Sec. 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083;

June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; July 12,

1940, ch. 618, 54 Stat. 758; Pub. L. 99-653, Sec. 21, Nov. 14,

1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 8(p), Oct. 24, 1988,

102 Stat. 2618; Pub. L. 104-316, title II, Sec. 202(i), Oct. 19,

1996, 110 Stat. 3843, related to estates of United States citizens

who died within or were domiciled at time of death within

jurisdiction of consular or diplomatic officers and directed that

Secretary of State act as conservator.

EFFECTIVE DATE OF REPEAL

Repeal effective six months after Nov. 29, 1999, see section

1000(a)(7) [div. A, title II, Sec. 234(c)] of Pub. L. 106-113, set

out as an Effective Date note under section 2715b of this title.

-End-

-CITE-

22 USC Sec. 4196 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4196. Notification of death of decedent; transmission of

inventory of effects

-STATUTE-

For the information of the representative of the deceased, the

consular officer, or, if no consular officer is present, a

diplomatic officer, in the settlement of his estate shall

immediately notify his death in one of the gazettes published in

the consular district, and also to the Secretary of State, that the

same may be notified in the State to which the deceased belonged;

and he shall, as soon as may be, transmit to the Secretary of State

an inventory of the effects of the deceased taken as before

directed.

-SOURCE-

(R.S. Sec. 1710; July 12, 1940, ch. 618, 54 Stat. 760.)

-COD-

CODIFICATION

R.S. Sec. 1710 derived from act Apr. 14, 1792, ch. 24, Sec. 2, 1

Stat. 255.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1176 of this title,

and prior thereto to section 76 of this title.

-MISC1-

AMENDMENTS

1940 - Act July 12, 1940, substituted "the consular officer, or,

if no consular officer is present, a diplomatic officer," for "the

consul or vice-consul,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4197 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4197. Following testamentary directions; assistance to

testamentary appointee

-STATUTE-

When a citizen of the United States dies in a foreign country and

leaves, by any lawful testamentary disposition, special directions

for the custody and management, by the consular officer, or in his

absence a diplomatic officer, within whose jurisdiction the death

occurred, of the personal property in the foreign country which he

possessed at the time of death, such officer shall, so far as the

laws of the foreign country permit, strictly observe such

directions if not contrary to the laws of the United States. If

such citizen has named, by any lawful testamentary disposition, any

other person than a consular officer or diplomatic officer to take

charge of and manage such property, it shall be the duty of the

officer, whenever required by the person so named, to give his

official aid in whatever way may be practicable to facilitate the

proceedings of such person in the lawful execution of his trust,

and, so far as the laws of the country or treaty provisions permit,

to protect the property of the deceased from any interference by

the authorities of the country where such citizen died. To this end

it shall be the duty of the consular officer, or if no consular

officer is present a diplomatic officer, to safeguard the

decedent's property by placing thereon his official seal and to

break and remove such seal only upon the request of the person

designated by the deceased to take charge of and manage his

property.

-SOURCE-

(R.S. Sec. 1711; July 12, 1940, ch. 618, 54 Stat. 760.)

-COD-

CODIFICATION

R.S. Sec. 1711 derived from act Aug. 18, 1856, ch. 127, Sec. 28,

11 Stat. 63.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1177 of this title,

and prior thereto to section 77 of this title.

-MISC1-

AMENDMENTS

1940 - Act July 12, 1940, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4198 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4198. Bond as administrator or guardian; action on bond

-STATUTE-

No consular officer of the United States shall accept an

appointment from any foreign state as administrator, guardian, or

to any other office or trust for the settlement or conservation of

estates of deceased persons or of their heirs or of persons under

legal disabilities, without executing a bond, with security, to be

approved by the Secretary of State, and in a penal sum to be fixed

by him and in such form as he may prescribe, conditioned for the

true and faithful performance of all his duties according to law

and for the true and faithful accounting for delivering, and paying

over to the persons thereto entitled of all moneys, goods, effects,

and other property which shall come to his hands or to the hands of

any other person to his use as such administrator, guardian, or in

other fiduciary capacity. Said bond shall be deposited with the

Secretary of the Treasury. In case of a breach of any such bond,

any person injured by the failure of such officer faithfully to

discharge the duties of his said trust according to law, may

institute, in his own name and for his sole use, a suit upon said

bond and thereupon recover such damages as shall be legally

assessed, with costs of suit, for which execution may issue in due

form; but if such party fails to recover in the suit, judgment

shall be rendered and execution may issue against him for costs in

favor of the defendant; and the United States shall in no case be

liable for the same. The said bond shall remain, after any judgment

rendered thereon, as a security for the benefit of any person

injured by a breach of the condition of the same until the whole

penalty has been recovered.

-SOURCE-

(June 30, 1902, ch. 1331, Sec. 1, 32 Stat. 546.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1178 of this title,

and prior thereto to section 78 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4199 of this title.

-End-

-CITE-

22 USC Sec. 4199 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4199. Penalty for failure to give bond and for embezzlement

-STATUTE-

Every consular officer who accepts any appointment to any office

of trust mentioned in section 4198 of this title without first

having complied with the provisions thereof by due execution of a

bond as therein required, or who shall willfully fail or neglect to

account for, pay over, and deliver any money, property, or effects

so received to any person lawfully entitled thereto, after having

been requested by the latter, his representative or agent so to do,

shall be deemed guilty of embezzlement and shall be punishable by

imprisonment for not more than five years and by a fine of not more

than $5,000.

-SOURCE-

(June 30, 1902, ch. 1331, Sec. 2, 32 Stat. 547.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1179 of this title,

and prior thereto to section 79 of this title.

-End-

-CITE-

22 USC Sec. 4200 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4200. Certification of invoices generally

-STATUTE-

No consular officer shall certify any invoice unless he is

satisfied that the person making oath thereto is the person he

represents himself to be, that he is a credible person, and that

the statements made under such oath are true; and he shall,

thereupon, by his certificate, state that he was so satisfied.

-SOURCE-

(R.S. Sec. 1715.)

-COD-

CODIFICATION

R.S. Sec. 1715 derived from act Aug. 18, 1856, ch. 127, Sec. 27,

11 Stat. 62.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1180 of this title,

and prior thereto to section 83 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4201 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4201. Fees for certification of invoices

-STATUTE-

Fees for the consular certification of invoices shall be, and

they are, included with the fees for official services for which

the President is authorized by section 4219 of this title to

prescribe rates or tariffs.

-SOURCE-

(Apr. 5, 1906, ch. 1366, Sec. 9, 34 Stat. 101.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

A further provision of section 9 of act Apr. 5, 1906, repealed

R.S. Sec. 2851, which provided for certification of invoices of

imported merchandise by the collector of the post, and R.S. Sec.

1721, which prescribed a fee of one dollar to be charged by the

consul-general for the British North American provinces, for

certifying invoices of goods not exceeding $100 in value.

Section was formerly classified to section 1181 of this title,

and prior thereto to section 84 of this title.

-End-

-CITE-

22 USC Sec. 4202 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4202. Exaction of excessive fees for verification of invoices;

penalty

-STATUTE-

The fee provided by law for the verification of invoices by

consular officers shall, when paid, be held to be a full payment

for furnishing blank forms of declaration to be signed by the

shipper, and for making, signing, and sealing the certificate of

the consular officer thereto; and any consular officer who, under

pretense of charging for blank forms, advice, or clerical services

in the preparation of such declaration or certificate, charges or

receives any fee greater in amount than that provided by law for

the verification of invoices, or who demands or receives for any

official services, or who allows any clerk or subordinate to

receive for any such service, any fee or reward other than the fee

provided by law for such service, shall be punishable by

imprisonment for not more than one year, or by a fine of not more

than $2,000, and shall be removed from his office.

-SOURCE-

(R.S. Sec. 1716.)

-COD-

CODIFICATION

R.S. Sec. 1716 derived from act Mar. 3, 1869, ch. 125, Sec. 3, 15

Stat. 321.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1182 of this title,

and prior thereto to section 85 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4203 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4203. Destruction of old invoices

-STATUTE-

The Secretary of State is authorized to cause, from time to time,

the destruction of invoices that have been filed in the consular

offices for a period of more than five years.

-SOURCE-

(Feb. 24, 1903, ch. 753, 32 Stat. 854.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1183 of this title,

and prior thereto to section 86 of this title.

-End-

-CITE-

22 USC Sec. 4204 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4204. Restriction as to certificate for goods from countries

adjacent to United States

-STATUTE-

No consular officer of the United States shall grant a

certificate for goods, wares, or merchandise shipped from countries

adjacent to the United States which have passed a consulate after

purchase for shipment.

-SOURCE-

(R.S. Sec. 1717.)

-COD-

CODIFICATION

R.S. Sec. 1717 derived from act Feb. 22, 1873, ch. 184, Sec. 3,

17 Stat. 474.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1184 of this title,

and prior thereto to section 87 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4205 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4205. Retention of papers of American vessels until payment of

demands and wages

-STATUTE-

All consular officers are authorized and required to retain in

their possession all the papers of vessels of the United States,

which shall be deposited with them as directed by law, till payment

shall be made of all demands and wages on account of such vessels.

-SOURCE-

(R.S. Sec. 1718.)

-COD-

CODIFICATION

R.S. Sec. 1718 derived from act Aug. 18, 1856, ch. 127, Sec. 28,

11 Stat. 63.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1185 of this title,

and prior thereto to section 88 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4206 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4206. Fees for services to American vessels or seamen

prohibited

-STATUTE-

No fees named in the tariff of consular fees prescribed by order

of the President shall be charged or collected by consular officers

for the official services to American vessels and seamen. Consular

officers shall furnish the master of every such vessel with an

itemized statement of such services performed on account of said

vessel, with the fee so prescribed for each service, and make a

detailed report to the Secretary of the Treasury of such services

and fees, under such regulations as the Secretary of State may

prescribe.

-SOURCE-

(June 26, 1884, ch. 121, Sec. 12, 23 Stat. 56.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Provisions of section 12 of act June 26, 1884 (this section),

permitting the Secretary of the Treasury to allow consular officers

who are paid in whole or in part by fees such compensation for

their services as they would have received but for the prohibition

in this section were superseded by section 4223 of this title and

were omitted, as was a provision of said section appropriating a

sum sufficient for the payment of the compensation herein

mentioned.

Section was formerly classified to section 1186 of this title,

and prior thereto to section 89 of this title.

-End-

-CITE-

22 USC Sec. 4207 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4207. Profits from dealings with discharged seamen;

prohibition

-STATUTE-

No consular officer, nor any person under any consular officer

shall make any charge or receive, directly or indirectly, any

compensation, by way of commission or otherwise, for receiving or

disbursing the wages or extra wages to which any seaman or mariner

is entitled who is discharged in any foreign country, or for any

money advanced to any such seaman or mariner who seeks relief from

any consulate; nor shall any consular officer, or any person under

any consular officer, be interested, directly or indirectly, in any

profit derived from clothing, boarding or otherwise supplying or

sending home any such seaman or mariner. Such prohibition as to

profit, however, shall not be construed to relieve or prevent any

such officer who is the owner of or otherwise interested in any

vessel of the United States from transporting in such vessel any

such seaman or mariner, or from receiving or being interested in

such reasonable allowance as may be made for such transportation by

law.

-SOURCE-

(R.S. Sec. 1719; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-

CODIFICATION

R.S. Sec. 1719 derived from act Aug. 18, 1856, ch. 127, Sec. 20,

11 Stat. 59.

Reference to "commercial agency" was omitted in view of the

abolition of the grade of commercial agent by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1187 of this title,

and prior thereto to section 90 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4208 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4208. Valuation of foreign coins in payment of fees

-STATUTE-

Consuls, vice consuls, and consular agents in the Dominion of

Canada, in the collection of official fees, shall receive foreign

moneys at the rate given in the Treasury schedule of the value of

foreign coins.

-SOURCE-

(R.S. Sec. 1722.)

-COD-

CODIFICATION

R.S. Sec. 1722 derived from act Mar. 3, 1869, ch. 125, Sec. 3, 15

Stat. 321.

Provisions of R.S. Sec. 1722 that no consul, vice consul, or

consular agent in the Dominion of Canada shall be allowed tonnage

fees for any services, actual or constructive, rendered any vessel

owned and registered in the United States that may touch at a

Canadian port, were omitted as superseded by section 12 of act June

26, 1884, ch. 121, 23 Stat. 56, which is classified to section 4206

of this title.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1188 of this title,

and prior thereto to section 91 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4209 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4209. Exaction of excessive fees generally; penalty of treble

amount

-STATUTE-

Whenever any consular officer collects, or knowingly allows to be

collected for any service, any other or greater fees than are

allowed by law for such service, he shall, besides his liability to

refund the same, be liable to pay to the person by whom or in whose

behalf the same are paid, treble the amount of the unlawful charge

so collected, as a penalty, to be recovered with costs, in any

proper form of action, by such person for his own use. And in any

such case the Secretary of the Treasury may retain, out of the

compensation of such officer, the amount of such overcharge and of

such penalty, and charge the same to such officer in account, and

may thereupon refund such unlawful charge, and pay such penalty to

the person entitled to the same if he shall think proper so to do.

-SOURCE-

(R.S. Sec. 1723.)

-COD-

CODIFICATION

R.S. Sec. 1723 derived from act Aug. 18, 1856, ch. 127, Sec. 17,

11 Stat. 58.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1189 of this title,

and prior thereto to section 92 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4210 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4210. Liability for uncollected fees

-STATUTE-

Every consul general, consul, or vice consul appointed to perform

the duty of any such officer, who omits to collect any fees which

he is entitled to charge for any official service, shall be liable

to the United States therefor, as if he had collected the same;

unless, upon good cause shown therefor, the Secretary of the

Treasury shall think proper to remit the same.

-SOURCE-

(R.S. Sec. 1724; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-

CODIFICATION

R.S. Sec. 1724 derived from act Aug. 18, 1856, ch. 127, Sec. 18,

11 Stat. 58.

References to "commercial agent" and "vice-commercial agent" were

omitted in view of the abolition of the grade of commercial agent

by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1190 of this title,

and prior thereto to section 93 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4211 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4211. Returns as to fees by officers compensated by fees

-STATUTE-

All consular agents, as are allowed for their compensation the

whole or any part of the fees which they may collect, shall make

returns in such manner as the General Accounting Office shall

prescribe, of all such fees as they or any person in their behalf

so collect.

-SOURCE-

(R.S. Sec. 1725; July 31, 1894, ch. 174, Sec. 5, 28 Stat. 206; Apr.

5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; June 10, 1921, ch. 18,

title III, Sec. 304, 42 Stat. 24.)

-COD-

CODIFICATION

R.S. Sec. 1725 derived from act Aug. 18, 1856, ch. 127, Sec. 18,

11 Stat. 58.

References to "commercial agents" and "vice-commercial agents"

were omitted in view of the abolition of the grade of commercial

agent by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1191 of this title,

and prior thereto to section 94 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"General Accounting Office" substituted in text for "Comptroller

of the Treasury" pursuant to act June 10, 1921, which transferred

all powers and duties conferred upon Comptroller, six auditors, and

certain other officers of the Treasury to General Accounting

Office. See section 701 et seq. of Title 31, Money and Finance.

Previously, functions of Secretary of State under this section

transferred to Comptroller of the Treasury by act July 31, 1894.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Secs. 4212 to 4214 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Secs. 4212 to 4214. Repealed. Pub. L. 105-277, div. G, subdiv. B,

title XXII, Sec. 2223, Oct. 21, 1998, 112 Stat. 2681-819

-MISC1-

Section 4212, R.S. Secs. 1726, 1727, required receipts for fees

collected for consular services.

Section 4213, R.S. Sec. 1727, required registry of fees.

Section 4214, R.S. Sec. 1728; June 28, 1955, ch. 196, 69 Stat.

187, required full transcript and certification of register.

-End-

-CITE-

22 USC Sec. 4215 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4215. Notarial acts, oaths, affirmations, affidavits, and

depositions; fees

-STATUTE-

Every consular officer of the United States is required, whenever

application is made to him therefor, within the limits of his

consulate, to administer to or take from any person any oath,

affirmation, affidavit, or deposition, and to perform any other

notarial act which any notary public is required or authorized by

law to do within the United States; and for every such notarial act

performed he shall charge in each instance the appropriate fee

prescribed by the President under section 4219 of this title.

-SOURCE-

(Apr. 5, 1906, ch. 1366, Sec. 7, 34 Stat. 101; Pub. L. 103-236,

title I, Sec. 127(b), Apr. 30, 1994, 108 Stat. 394; Pub. L.

103-415, Sec. 1(mm)(1), Oct. 25, 1994, 108 Stat. 4303.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1195 of this title,

and prior thereto to section 98 of this title.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-415 struck out sentence inserted at end by

Pub. L. 103-236. See below.

Pub. L. 103-236 inserted at end "Pursuant to such regulations as

the Secretary of State may prescribe, the Secretary may designate

any other employee of the Department of State who is a citizen of

the United States to perform any notarial function authorized to be

performed by a consular officer of the United States under this

Act."

-End-

-CITE-

22 USC Sec. 4216 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4216. Posting rates of fees

-STATUTE-

It shall be the duty of all consular officers at all times to

keep posted up in their offices, respectively, in a conspicuous

place, and subject to the examination of all persons interested

therein, a copy of such rates or tariffs as shall be in force.

-SOURCE-

(R.S. Sec. 1731.)

-COD-

CODIFICATION

R.S. Sec. 1731 derived from act Aug. 18, 1856, ch. 127, Sec. 16,

11 Stat. 57.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1197 of this title,

and prior thereto to section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4217 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4217. Embezzlement of fees or of effects of American citizens

-STATUTE-

Every consular officer who willfully neglects to render true and

just quarterly accounts and returns of the business of his office,

and of moneys received by him for the use of the United States, or

who neglects to pay over any balance of said moneys due to the

United States at the expiration of any quarter, before the

expiration of the next succeeding quarter, or who shall receive

money, property, or effects belonging to a citizen of the United

States and shall not within a reasonable time after demand made

upon him by the Secretary of State or by such citizen, his

executor, administrator, or legal representative, account for and

pay over all moneys, property, and effects, less his lawful fees,

due to such citizen, shall be deemed guilty of embezzlement, and

shall be punishable by imprisonment for not more than five years,

and by a fine of not more than $2,000.

-SOURCE-

(R.S. Sec. 1734; Dec. 21, 1898, ch. 36, Sec. 3, 30 Stat. 771.)

-COD-

CODIFICATION

R.S. Sec. 1734 derived from act Mar. 3, 1869, ch. 125, Sec. 5, 15

Stat. 322.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1198 of this title,

and prior thereto to section 102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4218 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4218. False certificate as to ownership of property

-STATUTE-

If any consul or vice consul falsely and knowingly certifies that

property belonging to foreigners is property belonging to citizens

of the United States, he shall be punishable by imprisonment for

not more than three years, and by a fine of not more than $10,000.

-SOURCE-

(R.S. Sec. 1737; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-

CODIFICATION

R.S. Sec. 1737 derived from act Feb. 22, 1803, ch. 9, Sec. 7, 2

Stat. 204.

References to "commercial agent" and "vice-commercial agent" were

omitted in view of the abolition of the grade of commercial agent

by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1200 of this title,

and prior thereto to section 104 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4219 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4219. Regulation of fees by President

-STATUTE-

The President is authorized to prescribe, from time to time, the

rates or tariffs of fees to be charged for official services, and

to designate what shall be regarded as official services, besides

such as are expressly declared by law, in the business of the

several embassies, legations, and consulates, and to adapt the

same, by such differences as may be necessary or proper, to each

embassy, legation, or consulate; and it shall be the duty of all

officers and persons connected with such embassies, legations, and

consulates to collect for such official services such and only such

fees as may be prescribed for their respective embassies,

legations, and consulates, and such rates or tariffs shall be

reported annually to Congress.

-SOURCE-

(R.S. Sec. 1745; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100.)

-COD-

CODIFICATION

R.S. Sec. 1745 derived from act Aug. 18, 1856, ch. 127, Sec. 16,

11 Stat. 57.

References to "commercial agencies" and "commercial agency" were

omitted in view of the abolition of the grade of commercial agent

by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1201 of this title,

and prior thereto to section 127 of this title.

-EXEC-

EX. ORD. NO. 10718. DELEGATION OF AUTHORITY TO SECRETARY OF STATE

Ex. Ord. No. 10718, June 27, 1957, 22 F.R. 4632, provided:

Section 1. There is hereby delegated to the Secretary of State

the authority vested in the President by section 1745 of the

Revised Statutes of the United States (22 U.S.C. 1201) [this

section] to prescribe, from time to time, the rates or tariffs of

fees to be charged for official services, and to designate what

shall be regarded as official services, besides such as are

expressly declared by law, in the business of the several

embassies, legations, and consulates, and to adapt the same, by

such differences as may be necessary or proper, to each embassy,

legation, or consulate.

Sec. 2. This order shall not operate to amend, supersede, or

terminate any rates or tariffs of fees, designations, or

adaptations prescribed or made under authority of the said section

1745 [this section] and in force immediately prior to the issuance

of this order; but authority to amend, supersede, or terminate the

same, and to prescribe regulations necessary or desirable for the

implementation of rates or tariffs of fees, designations, or

adaptions heretofore or hereafter prescribed or made, shall be

deemed to be included within the authority delegated by section 1

of this order.

Sec. 3. The rates or tariffs of fees and the regulations

prescribed and any other actions taken by the Secretary of State

under authority of this order shall be published in the Federal

Register.

Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4191, 4201, 4215 of this

title.

-End-

-CITE-

22 USC Sec. 4220 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4220. Medium for payment of fees

-STATUTE-

All fees collected by diplomatic and consular officers for and in

behalf of the United States shall be collected in the coin of the

United States, or at its representative value in exchange.

-SOURCE-

(R.S. Sec. 1746.)

-COD-

CODIFICATION

R.S. Sec. 1746 derived from act Aug. 18, 1856, ch. 127, Sec. 30,

11 Stat. 63.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1202 of this title,

and prior thereto to section 128 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

22 USC Sec. 4221 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4221. Depositions and notarial acts; perjury

-STATUTE-

Every secretary of embassy or legation and consular officer is

authorized, whenever he is required or deems it necessary or proper

so to do, at the post, port, place, or within the limits of his

embassy, legation, or consulate, to administer to or take from any

person an oath, affirmation, affidavit, or deposition, and to

perform any notarial act which any notary public is required or

authorized by law to do within the United States. At any post,

port, or place where there is no consular officer, the Secretary of

State may authorize any other officer or employee of the United

States Government who is a United States citizen serving overseas,

including any contract employee of the United States Government, to

perform such acts, and any such contractor so authorized shall not

be considered to be a consular officer. Every such oath,

affirmation, affidavit, deposition, and notarial act administered,

sworn, affirmed, taken, had, or done, by or before any such

officer, when certified under his hand and seal of office, shall be

as valid, and of like force and effect within the United States, to

all intents and purposes, as if administered, sworn, affirmed,

taken, had, or done, by or before any other person within the

United States duly authorized and competent thereto. If any person

shall willfully and corruptly commit perjury, or by any means

procure any person to commit perjury in any such oath, affirmation,

affidavit, or deposition, within the intent and meaning of any Act

of Congress now or hereafter made, such offender may be charged,

proceeded against, tried, convicted, and dealt with in any district

of the United States, in the same manner, in all respects, as if

such offense had been committed in the United States, before any

officer duly authorized therein to administer or take such oath,

affirmation, affidavit, or deposition, and shall be subject to the

same punishment and disability therefor as are or shall be

prescribed by any such act for such offense; and any document

purporting to have affixed, impressed, or subscribed thereto, or

thereon the seal and signature of the officer administering or

taking the same in testimony thereof, shall be admitted in evidence

without proof of any such seal or signature being genuine or of the

official character of such person; and if any person shall forge

any such seal or signature, or shall tender in evidence any such

document with a false or counterfeit seal or signature thereto,

knowing the same to be false or counterfeit, he shall be deemed and

taken to be guilty of a misdemeanor and on conviction shall be

imprisoned not exceeding three years nor less than one year, and

fined, in a sum not to exceed $3,000, and may be charged, proceeded

against, tried, convicted, and dealt with therefor in the district

where he may be arrested or in custody. Pursuant to such

regulations as the Secretary of State may prescribe, the Secretary

may designate any other employee of the Department of State who is

a citizen of the United States to perform any notarial function

authorized to be performed by a consular officer of the United

States under this Act.

-SOURCE-

(R.S. Sec. 1750; Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100; Pub.

L. 103-415, Sec. 1(mm)(2), Oct. 25, 1994, 108 Stat. 4304; Pub. L.

105-277, div. G, subdiv. B, title XXII, Sec. 2222(c)(1), Oct. 21,

1998, 112 Stat. 2681-818.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, probably means the act of Aug. 18,

1856, ch. 127, 11 Stat. 52, as amended. That act was incorporated

into the Revised Statutes as R.S. Secs. 208, 211, 1674 to 1676,

1680, 1685 to 1687, 1689, 1690, 1692, 1695, 1697, 1699, 1700, 1701,

1703, 1706, 1708, 1711, 1713, 1715, 1718, 1719, 1730, 1731, 1735,

1738 to 1741, 1743 to 1748, 1750 to 1752, 4207, 4213, 4580, 4581,

4583, and 4584. For complete classification of those sections of

the Revised Statutes to the Code, see Tables.

-COD-

CODIFICATION

R.S. Sec. 1750 derived from act Aug. 18, 1856, ch. 127, Sec. 24,

11 Stat. 61.

Reference to "commercial agency" was omitted in view of the

abolition of the grade of commercial agent by act Apr. 5, 1906.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1203 of this title,

and prior thereto to section 131 of this title.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 inserted after first sentence "At any

post, port, or place where there is no consular officer, the

Secretary of State may authorize any other officer or employee of

the United States Government who is a United States citizen serving

overseas, including any contract employee of the United States

Government, to perform such acts, and any such contractor so

authorized shall not be considered to be a consular officer."

1994 - Pub. L. 103-415, which directed amendment of section 24 of

the Act of August 18, 1856 (11 Stat. 61, 22 U.S.C. 4221) by

inserting at end "Pursuant to such regulations as the Secretary of

State may prescribe, the Secretary may designate any other employee

of the Department of State who is a citizen of the United States to

perform any notarial function authorized to be performed by a

consular officer of the United States under this Act.", was

executed to this section, which is section 1750 of the Revised

Statutes, to reflect the probable intent of Congress. Section 24 of

the Act of Aug. 18, 1856, was restated in section 1750 of the

Revised Statutes and repealed by section 5596 of the Revised

Statutes.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title; title

18 section 3492; title 35 section 115.

-End-

-CITE-

22 USC Sec. 4222 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4222. Authentication of documents of State of Vatican City by

consular officer in Rome

-STATUTE-

Until the United States shall have consular officer resident in

the State of the Vatican City, a copy of any document of record or

on file in a public office of said State of the Vatican City,

certified by the lawful custodian of such document, may be

authenticated, as provided in section 1741 of title 28, by a

consular officer of the United States resident in the city of Rome,

Kingdom of Italy, and such document or record shall, when so

certified and authenticated, be admissible in evidence in any court

of the United States.

-SOURCE-

(June 20, 1936, ch. 640, Sec. 6A, as added June 25, 1938, ch. 682,

52 Stat. 1163.)

-COD-

CODIFICATION

"Section 1741 of title 28" substituted in text for "section 6 of

this Act [28 U.S.C. 695e]" on authority of act June 25, 1948, ch.

646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary

and Judicial Procedure.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 1204 of this title,

and prior thereto to section 695e-1 of Title 28.

-End-

-CITE-

22 USC Sec. 4223 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4223. General duty to account for fees

-STATUTE-

All fees, official or unofficial, received by any officer in the

Consular Service for services rendered in connection with the

duties of his office or as a consular officer, including fees for

notarial services, and fees for taking depositions, executing

commissions or letters rogatory, settling estates, receiving or

paying out moneys, caring for or disposing of property, shall be

accounted for and paid into the Treasury of the United States, and

the sole and only compensation of such officers shall be by

salaries fixed by law. And vice-consuls, in addition to such

compensation as they may be entitled to receive as consuls or

clerks, may receive such portion of the salaries of the

consul-general or consuls for whom they act as shall be provided by

regulation.

-SOURCE-

(Apr. 5, 1906, ch. 1366, Sec. 8, 34 Stat. 101; Feb. 5, 1915, ch.

23, Secs. 3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, Sec. 11,

43 Stat. 142; Aug. 13, 1946, ch. 957, title XI, Sec. 1131(26), 60

Stat. 1037.)

-COD-

CODIFICATION

Compensation provisions pertaining to the positions of

vice-consuls-general, deputy consuls-general, and deputy consuls

were omitted from this section on the authority of act Feb. 5,

1915.

Section was not enacted as a part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 99 of this title.

-MISC1-

AMENDMENTS

1946 - Act Aug. 13, 1946, struck out "but this shall not apply to

consular agents, who shall be paid one-half of the fees received in

their offices, up to a maximum sum of one thousand dollars in any

one year, the other half being accounted for and paid into the

Treasury of the United States."

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act Aug. 13, 1946, effective three months after Aug.

13, 1946.

REPEALS

Act Aug. 13, 1946, ch. 957, title XI, Sec. 1131(26), 60 Stat.

1037, cited as a credit to this section, was repealed by Pub. L.

96-465, title II, Sec. 2205(1), Oct. 17, 1980, 94 Stat. 2159.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4224 of this title.

-End-

-CITE-

22 USC Sec. 4224 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4224. Fees; accounting; stamps

-STATUTE-

The provisions of sections 1196 (!1) and 4223 of this title,

relative to official fees and the method of accounting therefor

shall apply to diplomatic officers below the grade of minister and

to consular officers.

-SOURCE-

(May 24, 1924, ch. 182, Sec. 18, formerly Sec. 11, 43 Stat. 142,

renumbered and amended Feb. 23, 1931, ch. 276, Sec. 7, 46 Stat.

1209.)

-REFTEXT-

REFERENCES IN TEXT

Section 1196 of this title, referred to in text, was repealed by

act June 28, 1955, ch. 196, 69 Stat. 187.

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 812 of this title, and

prior thereto to section 13 of this title.

-MISC1-

AMENDMENTS

1931 - Act Feb. 23, 1931, substituted "shall apply to diplomatic

officers below the grade of minister and to consular officers" for

"shall include both branches of the Foreign Service".

EFFECTIVE DATE OF 1931 AMENDMENT

Section 7 of act Feb. 23, 1931, provided: "That this Act [see

Tables for classification] shall take effect on July 1, 1931."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 4225 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4225. Fiscal districts; establishment; district accounting and

disbursing offices; personnel; duties

-STATUTE-

The President is authorized, whenever the necessity for such

offices with a view to effecting economies in accounting procedure

is apparent, to prescribe certain fiscal districts or areas and to

establish within each such district as a part of the Department of

State service, a district accounting and disbursing office to

exercise control over the accounts and returns of all diplomatic

missions and consular offices within the district in such manner as

the President may direct. To each such office may be assigned the

administrative accounting responsibility for receipts and

expenditures of the diplomatic missions and consular offices within

the district. Each district office shall be in charge of an

accountable officer, to whom all fees, and other official monies,

received by any diplomatic, consular, or Foreign Service officer

may be accounted for, under such rules and regulations as may be

prescribed by the Secretary of State, all such fees and monies, or

the residue thereof after the payment of salaries, allowances, and

current expenses of the diplomatic missions and consular offices

within the district, to be paid by the district accounting and

disbursing officer into the Treasury of the United States. Such

district accounting and disbursing officers accountable for public

monies may entrust monies to other officers for the purpose of

having them make disbursements as his agent, and the officer to

whom the monies are entrusted, as well as the officer who entrusts

the monies to him, shall be held pecuniarily responsible therefor

to the United States. All diplomatic, consular or Foreign Service

officers on duty within the area covered by such district offices

may be required to render accounts of their disbursements to the

officer in charge of such district office to be included in his

accounts.

Provided further, That the Secretary of State is authorized to

appoint such district accounting and disbursing officers and their

assistants in the same manner as clerks in diplomatic missions and

consular offices are appointed.

Section 3522 of title 31, and any other existing statutes, in so

far as they conflict with this section are hereby amended.

-SOURCE-

(May 24, 1924, ch. 182, Sec. 35, as added Feb. 23, 1931, ch. 276,

Sec. 7, 46 Stat. 1216; amended Pub. L. 92-310, title II, Sec.

227(b), June 6, 1972, 86 Stat. 207.)

-COD-

CODIFICATION

"Section 3522 of title 31" substituted in text for "Section 3622

of the Revised Statutes of the United States (U.S.C., title 31,

sec. 496)", on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 813 of this title, and

prior thereto to section 23k of this title.

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which required

district accounting and disbursing officers and their agents to be

bonded.

EFFECTIVE DATE

Section effective July 1, 1931, see section 7 of act Feb. 23,

1931, set out as an Effective Date of 1931 Amendment note under

section 4224 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Function of disbursement of moneys of the United States of any

agency (with certain exceptions) transferred to Treasury Department

by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, set out as a note

under section 901 of Title 5, Government Organization and

Employees. Section 4 of Ex. Ord. No. 6166 was repealed by Pub. L

.97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1086, the first

section of which enacted Title 31, Money and Finance. See section

3321 of Title 31.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4226 of this title.

-End-

-CITE-

22 USC Sec. 4226 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 52 - FOREIGN SERVICE

SUBCHAPTER XIV - POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS

GENERALLY

-HEAD-

Sec. 4226. Fees and official monies from diplomatic missions,

consular offices and district accounting and disbursing offices;

disposition

-STATUTE-

All fees and other official monies received by diplomatic

missions or consular offices or by the district accounting and

disbursing offices provided in section 4225 of this title, may be

transmitted through the Department of State for deposit in the

United States Treasury, or may be used in payment of salaries,

allowances, and current expenses of said missions and offices,

under such rules and regulations as the President may from time to

time prescribe; the residue, if any, to be transmitted through the

Department of State for deposit in the United States Treasury.

Section 3302(b) of title 31 is hereby amended.

-SOURCE-

(May 24, 1924, ch. 182, Sec. 36, as added Feb. 23, 1931, ch. 276,

Sec. 7, 46 Stat. 1216.)

-COD-

CODIFICATION

"Section 3302(b) of title 31" substituted in text for "Section

3617 of the Revised Statutes of the United States (U.S.C., title

31, sec. 484)", on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

Section was not enacted as part of the Foreign Service Act of

1980 which comprises this chapter.

Section was formerly classified to section 814 of this title, and

prior thereto to section 23l of this title.

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1931, see section 7 of act Feb. 23,

1931, set out as an Effective Date of 1931 Amendment note under

section 4224 of this title.

-End-