FOREIGN AFFAIRS MANUAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000300440010-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 114
• Document Creation Date: December 27, 2016
• Document Release Date: December 11, 2012
• Sequence Number: 10
• Publication Date: March 12, 1985
• Content Type: MISC

Declassified and Approved For Release 2012/12/11 CIA-RDP90-00530R000300440010-5 -
Foreign Affairs- Manual
Vol. 3 - Personnel
Transmittal Letter: PER-19
Date: March 12, 1985
UNIFORM FOREIGN AFFAIRS REGULATIONS
(State/AID/USIA/commerce/Agriculture)
Foreign Service Act of 1980
The Foreign Service Act of.1980 (Public Law 96-465) as
amended through December r-1984 is added as,a new Appendix A
to subchapter 010, Personnel Policy and Program Objectives.
Filing Instructions
File the attached 010 Appendix A immediately following
subchapter 010 (p. 2).
(PER/MGT)
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THE FOREIGN SERVICE ACT OF 1980
(Public Law 96.365)
as amended through December 1984
Foreign Service Act of 1980
'Public Law 96-466 (H.R. 67901: 94 Stat. 2071. approved October 17. 1980. as amend-
ed by Executive Order 12289. February 14. 1981. 46 F.R. 12693; Public Law '37-
241 [S. 1.1931. 96 Stat. M. approved Aus;mt 24. 1983; Executive Order 12446. Oc-
tober 17. 1983. 48 F.R. 38443; and by Public law 98-164 (Deparasant of State
Authorization Act. Fiscal Years 1984 and 1985: H.IL 2915L 97 Stat. 1017. as
proved November =0 1983
AN ACT To promote the foreign policy of the United Stets by strengthening and
improving the Foreign Service of the United Stags. and for other purposes.
Be it enacted by the Senate and House of Repreentatives- of the
United States of America in Congress assembled.
Section 1. Short Title.-This Act may be cited as the "Foreign
Service Act of 1980".
Sec. 2. Table of Contents-The table of contents for this Act is
as follows:
Secv 1. Short title
Sec 2. Table of contents..?...?_?.....?.?.?... ?.?.?_ _ ??..... ? ?.....? ?.??.. 779
TTTLE I-THE FOREIGN SERVICE OF THE UNITED STATES
CuArrm 1-Gm aL Psovtswns
Sec. 101. Findings and objectives...? .........?._._ 732
Sec. 102. Detinltiona ......_ ?. .. ? ......................?........ 784
Sec. 103. Members of the Service ...... ?... ? .._ .. ..... _ ?.? 785
Sec. 104. Functions of the Service ..?.. ... 735
Sec. 105. Merit principles; protections of memoers of the Servicx and minor.
ity recruitment ...?? .............. ? .._....... ?? ?....... ? ?.?.. _.... 785
CHArrm 2-MAmAasaaaff or Smvres
Sec. 201. The Secretary of State .??.???.?? 787
Sec. 202. Other agencies uriiiang the Foreign Service personnel system . - 787
Sec 203. Compatibility ammg agents utiIiang the Foreign Service person-
nel eyetem? 788
Sec 204. Consolidated and uniform administration of the Service 738
Sec. 205. Compatibility between the Foreign Service and other Government
personnel
Sac. 206. Regulations: delegation of functions. ... ....? ???? . ??..? ? _. ? .... 789
...... . ....
Sec. 207. Chid of mission .......... ...?.?.??_?.?...? ._.? ... ? 789
Sec. 208. Director General of the Foreign Ssrvice...?._,,.._.?.?..... ....? 789
Sec. Sec. 210. Board Inspector
a f r General ......................?... ?? ........_ 789 the Foreign Service .......??? .. _ 792
Sec. 211. Board of Emig ners for the Foreign Service 792
CHArrm 3-Apponrraatlrrs
Sec. 301. General proviaoas. relating to appointments .....?.?....??.?...?
Sec. 302 Appointments by the Prat......... .?.??? 194
Sea 303. Appointments by.the Secretary... 795
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Aooendix A (pg. 1)
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Fan/qn Affairs *owl.
Set 304. App. intment of chiab of mission
796
See. 305. Appointment to the Senior Fd esan Service
796
Sea 306. Career appointmsnte
796
Sec. 307. Entry level. for Foreign Service officer Candidstam
796
Sec. 308. Recall and ee.mpioyment at career members
796
Sea 309. Limited appointments
797
Sea 310. Reemployment rights following limited appointment ....
797
Sea 311. Employment of family members of Government employees
797
Sea 312 Dipiamw c and co=,War commissaas
797
CirAlra 4-CoasrmranTsos
Sea 401. Salarme of chime of misswn ................
798
Sea 402. Salariae of the Senior Foreign Senior..
798
See 40& Y.' ScbwduhL
.~..~._.~._
F
799
Sea 404,
AA to a salary
?799
Sat 405. Performan a pay .
Soo.
Sea 406. W1tbio-dais salary iacrssses - -- --
801
cNIZIMS.
801
Sea 408. Loral comps o~
Sea 409. Salaries of coosulas agents-
802
Sea 410. Compensation for imprisoned foreign natioae! employees.
803
Sea 411. Temporary service as principal otfar...
803
Sea 412; Special differentids...__...
804
Sea 413. Death gratuity.
804
(3urrss 5--CL.uewrrcAm ar Pasertoura AND Aanaratmres
Set 501. Clawit3cacioo of 2m -
805
Sea 502 Asognmaota to roeergn Service poem
805
Sea 508. AeegommU to agsntas. inter o ai aspoiasworu& and other
bodies
805
Sea 504. Senior in the United Stars and abroad
806
Sea-505. Temporary details......
807
C1Arrs 6-PsoMOIavn
m
m
Sec 60L P2 kma
807
Sea. 602 Selection boerde_....
808
Sec 603. Basis for selection board MUM... ...
808 .
Set 604. Confidentiality of recorda._ ..............:?.._....
808
Sec. 606. Implementation of edectioa board
809-
See 606. Other bases for iaaeasing pay..
809
Sec 607. Retimmatt for expiration. of time in ciass.
...,
809
Set 608
Ratiremeni based on relative
erform
.
p
ance
811
Set 610. Se Fm -ping for. cease
812
Set 61L Termioetim of limited appointments
812
Set. 612 Termination of appointments of conwaier
agants? and foreign as?
812
Set 613. Foreign Sag wards
Cruses 7-Portwox Ssavecs IrasruTe.
Tzhau na. axe Oamrrw
See. 701. Foreign Senior Institute
CASMER Devmaneasre.
suors
813
See 702. r
813
Sec. 70L Career , APIPM oil
813
Set 704. Training aatheritim
814
SOL 70& Truning Brse
815
Sec 706.
815
Cans 8-Fatwait Smvaas Rurraamrr
Set 801. Admiaistretios of the Sylam
Ann DmaaOiar Srsms
816
Set 802 Maintenance of the Fund ............
816
Set 803: Participants
816
See 804. Definitum.
817
SOL 80& c4unibuticam to the Fund
~.~.._
819
Set 806. Camputatim annuities
821
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Famfgn Attslirs Named
Sec. 807. Payment of annuity ........... ._... ? . ._? .. ?....?...?............_...?. 325
Sec. 808. Retirement for disability or incapacity........_?..?? ....?.._...?......_?.... 326
Sea 809. Death in esrvice..._....?...?.?._..?. ..........?..? ? ........... _..? ... 828
Sec. 810. Discontinued service retirement ..?.?... ?. ??.?........? ??? ?..??, ..,. ,.. 329
Sec. 811. Voluntary retirement.. 329
Sea 812. Mandatory r tirement? _.......? ?..?.__?.. 330
Sea 813. Retirement of former Presidential appointee? . ?. _? ?? 330
Sec. 814. Former
Sec. 815. Lumpsum payments . ..... ....?..?..? ? ....... ~...??............ ........................ .334
Sec. 816. Creditable seivicce......... ?...?. _ ?? ?" ..... ' 836
Sea 817. Extra credit for service at unhealthful posts ...?...... ? ...............?...?....... 340
Sec. 818. Estimate of appropriations needed ...._......?.....
..?.?_.......?.....?.......?...... .340
Sec. 319. Investment of the Fund ...? ................... .......?.._..._...... ?........................ 940
Sec. 820. Assignment and attachment of moneys .............?.....?...................:..?... 340
Sec. 821. Payments for future benefts.........?...... ...?....._.......... _ ............. _.?......... 341
Sea 822. Unfunded liability obligations.... .... 342
Sea 823. Annuity adjustment for recall service :?.???? ,.,???? ...?? .. ?. 842
Sec. 824. Reemployment..: ??..? .343
Sec. 825. Voluntary contributions .?? ..... ??... _?..?? ....??.?....??...?. , ?....,,_.... 343
Sea 826. Cost-of-living adjustment; of annuitias...?...........?..?.?...? ..............?.. 344
Sec. 827. Compatibility between civil service and Foreign Service retirement
systems.??_ ?... ............ _.?....?..???....... _.? ..............?... 346
CAArr= 9-Tswvm6 Lasvs. Axn Grime Bexvrrs
Sea 901. Travel and related expenses 846
Sea 902. Loan of household efecn ._......?....?.? ?.._._ ? ? .. 349
Sec. 903. Required leave in the United State; _. .. ..... 949
Sec . 904. Health care ..... ?..? ..............?.......??..?..? ?? . _??........... ? . 549
Sec. 905. Representation expenses...... ?. .. .. ?.. ...... 350
Sea 906. Entitlement to vote in a State in a Federal Election.. ................ 350
CRAFrs 10-1-aaoa-Mwrrwomgmrr R=ATwNe
1001. Labor-management policy .....?....... ..........................?......... 551
1002. 351
1003. Application . .?? ?.......? .................. ....... ................ ? .. 253
1004- Management n h
1005. ts .? ~. ..?. ? _ .. 554
1006. Foreign Service Labor Relations Board.?...?._ ? ? 354
1007. Functions of the Board_??? .......?...?.???.???.?......?...??.....???....?: 355
1008. Functions of the General Couna.l.._...:?._. 356
1009. Judicial review and enforcement.?... 356
1010. Foreign Service Lmpnew Dispute. Panel.... ? . __ . 857
1011. Exclusive iacogni ?... 357
1012. Employes represented,_,....,., 859
1013. Repremi ation rights and duties. 859
1014. Resolution of implementation diaputs..._.. ?. ?.??...??.......?....?... 861
1015. Unfair labor peacsics......... _.. _ .:.. .? .. ? ...................... _?.... _?. 861-
1016. Prevention of unfair labor practices. ...? ............................:
........?...?..... 363
1017. Standards of conduct for labor organisation; .................. "**..
.......... 864
1018. Administrative provisions..._ ................_.?? ?.
?.??.? .. ........... ... 866
Cjurrm 11-GaenvANcm
1101. Definition of grievance ..?.............. .................................... 867
1102. Grievances concerning former members . _. ........ -68
1103. Freedom of acboa_ ................???........... ?_.?..... 368
?
1104. Time .
? .. ? .. 369
1105. Foreign Service Grievance 869
1106. Board proved ___..?..._ 870
1107. Board decisions. ...?.. .?? ?. 871
1108. Access to recoeclet .._?......??... ?.?..... ...._.....? ? 872
1109. Relationship to other 973
1110. Judicial review. 873
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3 FAN -or~19R AffIli '! A`t
"71 " II-TRANSITION. AMENDMENTS '"O OTHER LAWS. ALtM
1MIISCELL .NEOUS PROVISIONS
CHArra 1-T RAMarrroN
See. 2101. Pay and benefits pending conversion ? .._?.... 374
Sec. 2102. Conversion to the r oreign Service ednle....?_.? .?....._ .... 374
Sec. 2103 C.:..version to the Senior Foreign Service. 874
See. 2104. Conversion from the Foreign Sec. 2105. Conversion of certain poutiow ins the Department of Agriculture.. 876
Sec. 2106. Preesrvation of status and benefits . 877
Sec. 2107. ?.."" ....................... 378
Sec. 2108. Auth other 378
See. 2109. Survivor benefits for certain former spouses. 379
CBArrm 2-PaovwoNs RaAtnrc To Foawax ArvAnss Aamrcrm
Sec. 2201. Basic author ti s of the Deportment of Stara 879
Sec. 7202 Pelee Corp Act...........?..._. .?..? 879
Sec. 2203. Foreign A-i.teooe Act?_......?.... 879
Sec 2204. Arms Control and Disarmament Act. ?.??. .... 879
Sec. 2205. Repealed prvviaioos ...._..... _... .... 879
Sec. 2x206. Other conforming amendments.-............ ., .... 880
Sec 2207. Modal foreign language competence Pasts 884
C Arra 3-AMKNDMavts ro T rrs s 5. UNrrm S?Aa. Cons
See. 2301. Reemployment rights..??..._..~. ....._. _..?.??. 884
Sec 2302 Salary for ambaessdors at large._??. _ 885
Sec 2303. Advances of pay utcdent to departures from pow abroad ............... 385
Sec. 2304. Premium pay.. _. _?......_..._._......._ .......................?. 385
Sec. .2306. Severance pay ................... ........ ,...............?....._...?.?..........
886
Sea '=06. _Attorneys lees in b.clcpay cases. _..... ._.....?......... 386
Sea 230? Separate ramtanance allowance 886
allowsnounesadves_. ? ....????__..... ?.?.. 386
Set 2309. Paw requiring
Sec. 2310. Advances of pay payer . ?.. ?.. ?. 98"
86
Sec. 2311. Danger pay allowance .......... _._... .??.
Sec. 2312 Leave.... ......??.?........?.?. ...:.??..? 387
887
Sec. 2313. Retirement credit for imprisoned foreign nationals and for sarvrce
with certain overseas broadca.nag organizations.. ?_....?.?.? ?.?.....?.?.? _?? 887
Set 2314. Conforming amendments to uric 5 ......... ??...._: ?.-?. _. _...??.._ ..._ 888
Crwrrmm 4-SAVnvo PsovrmoNa. CoscamnorrAn. Ovemom. AM Erracrtvs DAa
Sec. 2401. Saving 889
Sec. 2402. Congressional oversight of implementation ??....._?? ..............._..... 889
Sec. 2403. Effective date...?....?.._.?? . .?_...... ? 890
3 FAM 010
Appendix A (pg. 4)
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1 E i- HE 'OR IGN SERVICE OF T I NITED STATES
Ca4u'r 1-GsNERAL PROVISIONS
Sec. 101.' Findings and. Objectives.-(a) The Congress finds
that
(1) a career foreign service, characterized by excellence and
professionalism, is essential in the national interest to assist
the President and the. Secretary of State in conducting the for-
eign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the
Nation have heightened the need for a professional foreign
service chat will serve the foreign affairs interests of the
United States in an integrated fashion and that can provide a
resource of qualified personnel for the President, the Secretary
of State; and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established
under the Act of May 24, 1924 (commonly known as the Rogers
Act) and continued by the Foreign, Service Act of 1946, must be
Preserved, strengthened, and improved in order to carry out its
mission effectively in response to the complex challenges of
modern diplomacy and international relations;
(4) the members of the Foreign Service should be representa-
tive of the American people, aware of the principles and histo-
ry of the United States and informed of current concerns and
trends in American life, knowledgeable of the affairs, cultures.
and languages of other countries. and available to serve in as-
signments throughout the world: and
15) the Foreign Service should be operated on the basis of
merit principles.
ib) The objective of this Act is to strengthen and improve the
Foreign Service of the United States by-
,.1) assuring, in accordance with merit principles. admission
chrougn impartial and rigorous examination, acquisition of
career status only by those who have demonstrated their tit-
ness through successful completion of probationary assign-
ments, effective career development, advancement and reten-
tion of the ablest, and separation of those who do not meet the
requisite standards of performance;
(2) fostering the development and vigorous implementation
of policies and procedures, including affirmative action pro-
grams, which will facilitate and encourage (A) entry into and
advancement in the Foreign Service by persons from all seg-
ments of American society, and (B) equal opportunity and fair
and equitable treatment for all without regard to political af-
filiation, race. color, religion, national origin, sex. marital
status, age, or handicapping condition;
(3) providing for. more efficient, economical, and equitable
personnel administration through a simplified structure of For-
eign Service personnel categories and salaries
(4) estaolashing a statutory basis for participation by the
members of the Foreign Service, through their elected repre-
sentatives, in the formulation of personnel policies and proce-
dures which affect their conditions of employment, and main-
taining a fair and effective. system for the resolution of individ-
ual grievances that will ensure the fullest measure of due proc-
ess for the members of the Foreign Service;
(5) minimizing the. impact of the hardships, disruptions, and
other unusual conditions of service abroad upon the members
of the Foreign Service, and mitigating the special impact of
such conditions upon their families
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(6) providing salaries, allowances, and benefits that will
permit the Foreign Service to attract and retain qualified per-
sonnel as well as a system of incentive payments and awards
to encourage and reward outstanding performance;
(7) establishing a Senior Foreign Service which is character-
ized by strong policy formulation capabilities, outstanding ex-
ecutive leadership qualities, and highly developed functional.
foreign language, and area expertise:
(8) improving Foreign Service managerial flexibility and
effectiveness:
(9) increasing efficiency and economy by promoting maxi-
mum compatibility among the agencies authorized by law to
utilize the Foreign Service personnel system, as well as com-
patibility between the Foreign Service personnel system and
other personnel systems of the Government; and
(10) otherwise enabling the Foreign Service to serve effective.
ly the interests of the United States and to provide the highest
caliber of representation in the conduct of foreign affairs.
Sec. 102.2 Definitions.-As used in this Act, the term-
(1) "abroad" means all areas not included within the United
States:
k2) "agency" means an agency as defined in section 552(e) of
ctle S. United States Code;
(3) "chief of mission" means the principal officer in charge of
a diplomatic mission of the United States or of a United States
office- abroad which is designated by the Secretary of State as
diplomatic in aature, including any individual assigned under
Section 502(c) to be temporarily in charge of such a mission or
Office:
(4) "Department" means the Department of State. except
that with reference to the exercise of functions under this Act
with respect to another agency authorized by law to utilize the
Foreign Service personnel system, such term means that other
agency;
(5) "employee" (except as provided in section 1002(8)) means,
when used with respect to an agency or to the Government
generally, an officer or employee (including a member of the
Service) or a member. of the Armed Forces of the United
States, the commissioned corps of the Public Health Service, or
the commissioned corps of the National Oceanic and Atmos-
pheric AriminiStration, .
(6) "function" includes any duty, obligation, power, authori-
ty, responsibility, right, privilege, discretion, or activity;
(7) "Government" means the Government of the United
States:
(8) "merit principles" means the principles set out in section
2301(b) of title 5, United. States Code;
(9) "principle officer" means the officer in charge of a diplo-
matic mission, consular mission (other than a consular agency,,
or other Foreign Service post;
(10) "Secretary"' means the Secretary of State, except that
(subject to section 201) with reference to the exercise of func-
tions under this Act with respect to any agency authorized by
122 u..c. 3902 Sat 130(x! Of the Doportmont d State Autboraodm A. Fiscai Yeah 1984
and 1986 (Public Law 98-164: 91T Slat. 1021) e-I out a aubum da.Rnation l or' followft the
awn= We and muck out the tact of subs rbl. Subsse (bl had egad so follows
1b) Rafirsooon in this Act or any otbor taw to 'Foreir)n Senios aces' bs4L with resssot to
the Intoruaoonsi Commuroumame Agawy. be dasmad to rotor to Foro%M Sane lnfarmauan
al!lo~s."
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FvrsIqs .ittafrs :~saual
law to utilize the Foreign Service personnel system. such term
means the -head of that agency,
(11) "Service" or "Foreign Service" means the Foreign Serv-
ice of the United States; and
(12) "United States", when used in .a geographic sense,
means the several States and the District of Columbia
Sec. 103.3 Members of the Service.-The following are the mem-
bers of the Service.
(l) Chiefs of mission, appointed under section 302(x)(1) or as-
signed under :section 502(c).
(2) Ambassadors at large, appointed under section 302(aAl).
(3) Members of the Senior Foreign Service, appointed under
section 302(aXl) or 303, who are the corps of leaders and ex-
perts for the management of the Service and the performance
of its functions
(4) Foreign Service officers, appointed under section 302(aXl),
who have general responsibility for carrying out the functions
of the Service.
(5) Foreign Service personnel, United States citizens appoint-
ed under section 303, who provide skills and services required
for effective performance by the Service.
(6) Foreign, national employees, foreign nationals appointed
fader section 303, who provide clerical. administrative, techni-
cal, :fiscal, and other support at Foreign Service posts abroad.
(7) Consular agents. appointed under section 303 by the Sec-
. retary of State, who provide consular and related services as
authorized by the Secretary of State at specified locations
abroad where no Foreign Service posts are situated.
Sec. 104.? Functions of the Service.-Members of the Service
shall, under, the direction of the Secretary-
(1) . represent the interest of the United States in relation to
foreign countries and international organizations. and perform
the functions - relevant to their appointments and assignments,
including (as appropriate) functions under the Vienna Conven-
tion on Diplomatic Relations. the Vienna Convention on Con-
sular Relations, other international agreements to which the
United States is a party, the laws of the United States, and
orders. regulations, and directives issued pursuant to law;
(2) provide guidance for the formulation and conduct of pro-
grams and activities of the Department and other agencies
which relate to the foreign relations of the United States; and
(3) perform functions on behalf of any agency or other Gov-
ernment establishment (including any establishment in. the
legislative or judicial branch) requiring their services.
Sec. 105.' Merit Principles: Protections for Members of the
Service: and Minority Recruitment.---401) All personnel actions
with respect to career members and career candidates in the Serv-
ice (including applicants for career candidate appointments) shall
be made in accordance with merit principles.
122 U.S.C. 3903.
'22 U.S.C. 3904.
'22 U.S.C. 3905.
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Forlqu Af.r~s ~attNl
(2; For purposes of paragraph (1), the term "personnel action"
means-
(A) any appointment. promotion. assignment (including as-
signment to any position or salary class), award of performance
pay or special differential, within-class salary increase, separa-
tion, or performance evaluation, and
tB) any decision. recommendation, examination. or ranking
provided for under this Act which relates to any action re-
ferred to in subparagraph t A).
ib) The Secretary snail administer the provisions of this Act and
shall prescribe such regulations as may be necessary to ensure chat
members of the Service, as well as applicants for appointments in
the Service-
(1) are free from discrimination on the basis of race, color,
religion, sex, national origin, age, handicapping condition,
marital status, or political affiliation, as prohibited under sec-
tion 2302(bXl) of title 3, United States Code;
t 2) are free from reprisal for-
(A) a disclosure of information by a member of applicant
which the member or applicant reasonably believes evi-
dences-
t i) a violation of any law, rule, or regulation, or
(u) mismanagement, a gross waste of funds, an
abuse. of authority, or a substantial and specific
danger to public health or safety,
if such disclosure is not specifically prohibited by law and
if auch information is not specifically required by Execu-
tive order to be kept secret in the interest of aationai de-
fense or the conduct of foreign affairs; or
(B) a disclosure to the Special Counsel of the vlerit. Svs-
tems Protection Board, or to the Inspector General of an
agency (including the Inspector General of the Department
of State and the Foreign Service) or another employee des-
ignated by the head of the agency to receive such discio-
sures, of information which the member or applicant rea-
sonably believes evidences-
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety;
(3) are free to submit to officials of the Service and the De-
partment any report, evaluation, or recommendation, includ-
ing the right to submit such report, evaluation, or recommen-
dation through a separate dissent channel, whether or not the
views expressed therein are in accord with approved policy,
unless the report, evaluation, or recommendation was sub-
mitted with the knowledge that it was false or with willful dis-
regard for its truth or falsity; and
(4) are free from any personnel practice' prohibited by section
2302 of tith. 5, United States Code.
(c) This section shall not be construed as authorizing the with-
holding of information from the Congress or the taking of any
acti
Conn against a member of the Service who discloses information
to e Congress.
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=orsign Attsir5 .ew..i
(dX1) The Secretary shall establish a minority recruitment pro-
gram for the Service consistent with section 7201 of title 5, United
States Code.
(2) Not later than January 31 of each year, the Secretary shall
transmit to each House of the Congress a report, signed by the Sec-
retary, on the activities of the Secretary under paragraph (1). Such
report shall include any affirmative action plans submitted by the
Secretary under section 717 of the Civil . Rights Act of 1964 (42
U.S.C. 2000e-16) and any data necessary to evaluate the effective-
ness, of the program under paragraph (1) for the preceding fiscal
year, together with recommendations for administrative or legisla-
tive action the Secretary considers appropriate.
(e) This section shall not be construed to extinguish or lessen any
effort to achieve equal employment opportunity through -affrma-
tive action or any right or remedy available to any employee or ap-
plicant for employment in the civil service under-
(1) section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16). prohibiting discrimination on the basis of race,
color, religion, sex, or national origin:
(2) sections 12 and 15 of the Age Discrimination in Zmoloy-
ment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimina-
tion on the basis of age,
(3) section 6(d) of the Fair Labor Standards Act of 1938 (29.
U.S.C. 206(d)), prohibiting discrimination on the basis of se=
(4) sections 501 and 505 of the Rehabilitation Act of 1973 (29
U.S.C. 791, 794a). Prohibiting discrimination on the basis of
handicapping condition: or
(5) any Provision of law, rule, or regulation prohibiting dis-
crimination on the basis of marital, status or political affili-
ation.
C73Arrxa 2-iMIAiAGzM r or rfs Sxavtcz
Sec. 201! The Secretary of State.-(a) Under the direction of the
President, - the Secretary of State shall administer and direct the
Service and shall coordinate its activities with the needs of, the De-
partment of State and other agencies.
(bi The Secretary of State alone among the heads of agencies uti-
lizing the Foreign Service personnel system shall perform the func-
tions expressly vested in the Secretary of State by this Act.
See. 202' Other Agencies Utilizing the Foreign Service Person.
nel System.-(3X1) The Director of the International Communica-
tion Agency and the Director of the United States International
Development Cooperation Agency may utilize the Foreign Service
personnel system with respect to their respective agencies in
accordance with this Act.
(2) The Secretary of Agriculture may utilize the Foreign Service
personnel system in accordance with this Act-
Service,
(A) with respect to personnel of the Foreign Agricultural
.22 U.S.C. 3921.
' n u.s.c. as? .
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'-orelgm Affe(r%'.ftnrel
(B) with respect to other personnel of the Department of Ag-
riculture to the extent the President determines to be neces-
sary in order to enable the Department of Agriculture to carry
out functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service
personnel system in accordance with this Act-
(A) with respect to the personnel performing functions trans-
ferred to the Department of Commerce from the Department
of State by Reorganization Plan Numbered 3 of 1979, and
(B) with respect to other personnel of the Department of
Commerce to the extent the President determines to be paces.
sary in order to enable the Department . of- Commerce ' to carry
out functions which require service abroad.
(b) Subject to section 201(b)
(1) the agency heads referred to in subsection (a), and
(2) the head of any other agency (to the extent authority to
utilize the Foreign Service personnel system is granted to such
agency head under any other Act),
shall in the case of their respective agencies exercise- the functions
vested in the Secretary by this Act.
Sec. 203.' Compatibility Among Agencies Utilizing the Foreign
Service Personnel System.-(a) The Service shall be administered
to the extent practicable in a manner that will assure maximum
compatibility among the agencies authorized by law to utilize the
Foreign Service personnel system. To this end. the other heads of
such agencies shall consult regularly with the Secretary of State.
(b) Nothing in this chapter shall be construed as diminishing the
authority of the fiead of any agency authorized by law to utujze the
Foreign Service personnel system.
See. 204: Consolidated and Uniform Administration of the
Service.-The Secretary shall on a continuing basis consider the
need for uniformity of personnel policies and procedures and for
consolidation (in accordance with section 23 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2695)) of personnel
functions among agencies utilizing the Foreign Service personnel
system. Where feasible, the Secretary of State shall encourage (in
consultation with the other heads of such agencies) the develop-
ment of uniform policies and procedures and consolidated person-
nel functions. See. 205.-? Compatibility Between the Foreign Service and Other
Government Personnel Systems.-The Service shall be adminis.
tared to the extent practicable in conformity with general policies
and regulations of the Government The Secretary shall consult
with the Director of the Office of Personnel
Di-
rector of the Office of Management ,the Di-
tilaaagesaent and Budget, and d the the heads of
such other agencies as the President shall determine, in or-'"r to
assure compatibility of the Foreign Service personnel system with
other Government personnel systems to the extent practicable.
?= U.s.c 3M
?M U.S.C. 3924.
x?22 U.sc 3925.
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Sec. 206.11 Regulations; Delegation of Functions.-(a) The Secre-
tary may Prescribe such regulations as the Secretary deems appro-
priate to carry out functions under this Act.
(b) The Secretary may delegate functions under this Act which
are vested in the Secretary to any employee of the Department or
any member of the Service.
Sec. 207.'2 Chief of Mission.-(a) Under the direction of the
President, the chief of mission to a foreign country-
(1) shall have full responsibility for the direction, coordina-
tion. and supervision of all Government employees in that
country (except for employees under the command of a United
States area military commander); and
(2) shall keep fully and currently informed with respect to
all activities and operations of the Government within that
country, and shall insure that all Government employees in
that country (except for employees under the command of a
United States area military commander) comply fully with all
applicable directives of the chief of mission.
(b) Any agency having employees in a foreign country shall keep
the chief of mission to that country fully and currently informed
with respect to all activities and operations of its employees in that
country, and shall insure that all of its employees in that country
(.except for employees under. the command of a United States area
military commander) comply fully with all applicable directives of
the chief of mission.
(c) %3 Each chief of mission to a foreign country shall have as a
principal duty the promotion of United States goods and services
nor export to such country.
Sec. 208.14 Director General of the Foreign Service.-There shall
be a Director General of the Foreign Service, who shall be appoint-
ed by the President, by and with the advice and consent of the
Senate, from among the career members of the Senior Foreign
Service. The Director General shall assist the Secretary of State in
the management of the Service and shall perform such functions as
the Secretary of State may prescribe.
Sec. 209.12 Inspector General-(a)(1) There shall be an Inspector
General of the Department of State and the Foreign Service, who
shall be appointed by the President, by and with the advice and
consent of the Senate, without regard to political affiliation from
among individuals exceptionally qualified for the position by virtue
of their integrity and their demonstrated ability in accounting. au-
diting, financial analysis, law, management analysis, public admin-
istration, or investigations, or their knowledge and experience in
the conduct of foreign affairs. The Inspector General shall report to
and be under the general supervision of the Secretary of State. Nei-
ther the Secretary of State nor any other officer of the Department
shall prevent or prohibit the Inspector General from initiating, car-
rying out, or completing any audit or investigation. or from issuing
any subpena during the course of any audit or investigation. The
1122 U.ac. 3928.
1?22 u3c. 3927.
12 Subsea Ic) was added by sec. 12! Of public Law 97-241 (96 Star. 2811
t?22 U.S.C 3928.
22 U.S.C. 3929.
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inspector General shall periodically (at least every 5 years) inspect
and audit the administration of activities and operations of each
Foreign Service post and each bureau and other operating unit of
the Department of State, and shall perform such other functions as
the Secretary of State may prescribe, except that the Secretary of
State shall not assign to ..the Inspector General any general pro-
gram operating responsibilities.
(2) the Inspector General may be removed from office by the
President. The President shall communicate the reasons for any
such removal to both Houses of Congress.
(b) Inspections, investigations, and audits conducted by or under
the direction of the Inspector General shall include the systematic
review and evaluation of the administration of activities and oper-
ations of Foreign Service posts and bureaus and other operating
units of the Department of State, including an examination of-
(1) whether financial transactions and accounts are properly
conducted, maintained, and reported,
(2) whether resources are being used and managed with the
m-imum degree of efficiency, effectiveness, and economy;
(3) whether the administration of activities and operations
meets the. requirements of applicable laws.and regulations and.
specifically, whether such administration is consistent with the
requirements of section 105;
(4) whether there east instances of fraud or other serious
problems, abuses , or deficiencies, and whether adequate steps
for detection, correction, and prevention have been taken; and
(5) whether policy goals and objectives are being effectively
achieved and whether the interests of the United States are
being accurately and effectively represented.
01) The Inspector General shall develop and implement policies
and procedures for the inspection and audit activities carried out
under this section. These policies and procedures shall be. consist-
ent with the general policies and guidelines of the Government for
inspection and audit activities and shall comply with the standards
established by the Comptroller General of the United States for
audits of Government agencies, organizations, programs, activities,
and functions.
(2) In carrying out the duties and responsibilities established
under this section, the Inspector General shall give particular
regard to the activities of the Comptroller General of the United
States with a view toward insuring effective coordination and
cooperation. '
(3) In carrying out the duties and responsibilities established
under this section, the Inspector General shall report expeditiously
to the Attorney General whenever the Inspector General has rea-
sonable grounds to believe there has been a violation of Federal
criminal law.
(dX1) The Inspector General shall' keep the Secretary of State
fully and currently informed, by means of the reports required. by
paragraphs (2) and (3) and.otherwise, concerning fraud and other
serious problems, abuses, and deficiencies relating to the adminis.
tration of activities and operations administered or financed by the
Department of State. ' .
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ar?ign ,~ttscrs ~a~
(2) The inspector General small, not later than April 30 of each
year, prepare and furnish to the Secretary of State an annual
report summarizing the activities of the Inspector General. Such
report shall include-
(A) a description of significant problems, abuses, and defi-
ciencies relating to the administration of activities and oper-
ations of Foreign Service posts, and bureaus and other operat-
ing units of the Department of State, which were disclosed by
the Inspector General within the reporting period;
(B) a description of the recommendations for corrective
.action made by the Inspector General during the reporting
period with respect to significant problems, abuses, or deficien-
cies described pursuant to subparagraph (A);
(C) an identification of each significant recommendation de-
scribed in previous annual reports on which corrective action
has not been completed;
(D) a summary of matters referred to prosecutive authorities
and the prosecutions and convictions which have resulted; and
(E) a listing of each audit report completed by the Inspector
General during the reporting period.
The Secretary of State shall transmit a copy of such annual report
-within 30 days after receiving it to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign Affairs of the
House-of . Representatives and to other appropriate committees, to-
gether with a report of the Secretary of State containing any com-
ments which the Secretary of State deems appropriate. Within 60
days after transmitting such reports to those committees, the Sec-
retary of State shall make copies of them available to the public
upon request and at a reasonable cost.
(3) The Inspector General shall report immediately- to the Secre-
tary of State whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or deficiencies re-
lating to the administration of activities and operations of Foreign
Service posts or bureaus or other operating units of the Depart-
ment of State. The Secretary of State shall transmit any such
report to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives
and to other appropriate committees within 7 days after receiving
it, together with a report, by the Secretary of State containing any
comments the Secretary of State deems appropriate.
(4) Nothing in this subsection shall be construed to authorize the
public disclosure by any individual of any information which is--
(A) specifically prohibited from disclosure by any other provi-
sion of law; or
(B) specifically required by Executive order to be kept secret
in the interest of national defense or the conduct of foreign af-
fairs.
(01) The Inspector General shall have the same authority in car-
rying out. the provisions of this section as is granted under section
6 of tine Inspector General Act of 1978 to each Inspector General of
an establishment (as defined in section 11(2) of such Act) for carry-
ing out the provisions of that Act, and the responsibilities of other
officers of the Government to the Inspector General shall be the
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L)
same as the responsibilities of the head of an agency or establish-
ment under section 6 (b) and (c) of such Act.
(2) At the request of the Inspector General, employees of the
Department and members of the Service may be assigned as em-
ployees of the Inspector General. The individuals so assigned and
individuals appointed pursuant to paragraph (1) shall be responsi-
ble solely to the Inspector General, and the Inspector General or
his or her. designee shall prepare the performance evaluation re-
ports for such individuals.
(f)(1) The Inspector General may receive and investigate com-
plaints or information from a member of the Service or employee
of the Department concerning the possible existence of an activity
constituting a violation of laws or regulations, constituting mis-
management, gross waste of funds, or abuse of authority, or consti-
tuting a substantial and specific danger to public health or safety.
(2) The Inspector General shall not, after receipt of a complaint
or information from a member of the Service or employee of the
Department, disclose the identity of such individual without the
consent of such individual, unless the Inspector General deter-
mines such disclosure is unavoidable during the course of the
investigation.
(g) Under the general supervision of the Secretary of State, the
Inspector General may review activities and operations performed
under the direction, coordination, and supervision of chiefs of mis-
sion for the purpose of ascertaining their consonance with the for-
eign policy of the United States and their consistency with the re-
sponsibilities of the Secretary of State and the chief of mission.
Sec. !10. Board of the Foreign Service.-The President shall
establish a Board of the Foreign Service to advise the Secretary of
State on matters relating to the Service, including furtherance of
the objectives of maximum compatibility among agencies author-
ized by law to utilize the Foreign Service personnel system and
compatibility between the Foreign Service personnel system and
the other personnel systems of the Government. The Board 'of the
Foreign Service shall be chaired by a career member of the Senior
Foreign Service designated by the Secretary of State and shall in-
clude one or more representatives of the Department of State, the
International Communication Agency, the United States Interna-
tional Development Cooperation Agency, the Department of Agri-
culture, the Department of Commerce, the Department of Labor.
the Office of Personnel Management the Office of Management
and Budget, the Equal Employment Opportunity Commission, and
such other agencies as the President may designate.
Sec. 211." Board of Examiners for the Foreign Service.-la) The
President shall establish a Board of Examiners for the Foreign
Service to develop, and supervise the administration of, examina-
tions prescribed under section 301(b) to be given to candidates for
appointment in the Service. The Board shall consist of 15 members
appointed by the President (no fewer than 5 of whom 'shall be
appointed from among individuals who are. not Government em-
ployees and who shall be qualified for service on the Board by
`?'Z.US.C. 3930.
1122 U.S.C. 3931.
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virtue of their knowledge, experience, or training in the melds of
testing or equal employment opportunity). The Board shall include
representatives of agencies utilizing the Foreign Service personnel
system and representatives of other agencies which have responsi-
bility for employment testing. The Board shall be chaired by a
member of the Board, designated by the President, who is a
member of the Service.
(b) The Board of Examiners shall- periodically review the exami-
nations prescribed under section 301(b) in order to determine-
1) whether any such examination has an adverse impact on
the hiring, promotion, or other employment opportunity of
members of any race. iex, or ethnic group;
(2) methods of minimizing any such adverse impact;
(3) alternatives to any examinations which have such an ad-
verse impact; and
(4) whether such examinations are valid in relation to job
performance.
The Board of Examiners shall annually report its findings under
this subsection to the Secretary of State and shall furnish to the
Secretary of State its recommendations for improvements in the
development. use, and administration of the examinations pre-
scribed under section 301(b).
(c) Any vacancy or vacancies on the Board shall not impair the
right of the remaining :members to exercis.e-.che full powers of the
Board.
Sec. :01." General Provisions Relating to Appointments.-a)
Only citizens of the United States may be appointed to the Service,
other than for service abroad as a consular agent or as a foreign
national employee.
(b) The Secretary shall prescribe, as appropriate, written, oral.
physical. foreign language, and other examinations for appoint-
ment to the Service (other than as a chief of mission or ambassador
at large).
(c) The fact that an applicant for appointment as a Foreign Serv-
ice officer candidate is a veteran or disabled veteran shall be con-
sidered an affirmative Factor in making such appointments. As
used in this subsection, the term "veteran or disabled veteran"
means an individual who is a preference eligible under subpara-
graph (A), (B), or (C) of section 2108(3) of title 5, United States
Cade.
(dX1) Members of the Service. serving under career appointments
are career members of the Service. Members of the Service serving
under limited appointments are either career candidates or non-
career members of the Service.
(2) Chiefs of mission. ambassadors at large, and ministers serve
at the pleasure of the President.
(3) An appointment as a Foreign Service officer is a career
appointment.
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Sec. 302.19 Appointmenra oy the President--(a)(1) The President
may, by and with the advice and consent of the Senate, appoint an
individual as a chief of mission, as an ambassador at large, as a
minister, as a career member of the Senior Foreign Service, or as a
Foreign Service officer.
(2)(A) The President may, by and with the advice and consent of
the Senate, confer the personal rank of career ambassador upon a
career member of the Senior Foreign Service in recognition of espe-
ciailY di gui ed service over a sustained period.
(BXi) Subject to the requirement of clause (ii), the President may
confer the personal rank of ambassador or minister on an individu-
al in connection with a special mission for the President of a tem-
porary nature not exceeding six months in duration.
(ii) The President may confer such personal rank only if, prior to
such conferral. he transmits to the Committee on Foreign Relations
of the Senate a written report setting forth-
(I) the necessity for conferring such rank,
(II) the dates during which such rank will be held,
LID the justification for not .submitting the propos ed confer.
ral of personal rank to~ the Senate as a nomination for advice
and consent to appointment, and
(M all relevant information concerning any potential con-
flict, of interest which' the proposed recipient of such personal
rank may have with regard to the special mission.
Such report shall be transmitted not less than 30 days prior to con-
ferral of the personal rank of ambassador or minister excent in
cases where the President certifies in his report that urgent cir-
cumstances require the immediate conferral of such rank.
(C) An individual upon whom a personal rank is conferred under
subparagraph (A) or (B) shall not receive any additional compensa.
tion solely by virtue of such personal rank,
(3) Except as provided in paragraph (2XB) of this subsection or in
clause 3, section 2, article II of the Constitution (relating to recess
appointments), an individual may not be designated as ambassador
or minister, or be designated to serve in any position with the title
of ambassador or minister, without the advice and consent of the
Senate.
(b) If a member of the Service is appointed to any position in the
executive branch by the President, by and with the advice and con-
sent of the Senate, or by the President alone, the period of service
in that Position by the member shall be regarded as an assignment
under chapter 5 and the member shall not, by virtue of the accept-
ance of such assignment lose his or her status as a member of the
Service. A member of the Senior Foreign Service who accepts such
an assignment may elect to continue to receive the salary of-his or
her salary class, to remain eligible for performance pay under
chapter 4, and to receive the leave to which such member is eIIti-
tled under subchapter I of chapter 63 of title 5, United States Code,
as a member of the Senior Foreign Service, in lieu of receiving the
salary and leave 'if any) of the position to which the member is ap-
pointed by the Presiaent.
0
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Sec. 303.20 Appointments by the Secretary.-The Secretary may
appoint the members of the Service (other than the members of the
Service who are in the personnel categories specified in section
302(a)) in accordance with this Act and such regulations as the Sec=
retary may prescribe.
Sec. 304.21 Appointment of Chiefs of Mission. --!aX1) An individ-
ual appointed or assigned to be a chief of mission should possess
clearly demonstrated competence to perform the duties of a chief of
mission, including, to the maximum extent practicable, a useful
knowledge of the principal language or dialect of the country in
which the individual is to serve, and knowledge and understanding
of the history, the culture, the economic and political institutions,
and the interests of that country and its people.
(2) Given the qualifications specified in paragraph- (1),--positions
as chief of mission should normally be accorded to career members
of the Service, though circumstances will warrant appointments
from time to time of qualified individuals who are not career mem-
bers of the Service.
. 1 (3) Contributions to political campaigns should not be a factor in
the appointment of an individual as a chief of mission.
(4) The President shall provide the Committee on Foreign Reia-
tions of the Senate, with each nomination for an appointment as a
chief of mission. a report on the demonstrated competence of chat
nominee to perform the duties of the position in which he or she is
to serve
(bXl) In order to assist the President in selecting qualified candi-
dates for appointment or assignment as chiefs of mission, the Sec-
retary of State shall from time to time furnish the President with
the names of career members of the Service who are qualified to
serve as chiefs of mission. together with pertinent information
about such members.
(2) Each individual nominated by the President to be a chief of
mission, ambassador at large, or minister shall. at the time of
nomination, file with the Committee on Foreign Relations of the
Senate and the Speaker of the House of Representatives a report of
contributions made by such individual and by members of his or
her immediate family during the period beginning on the first day
of the fourth calendar year preceding the calendar. year of the
nomination and ending on the date of the nomination. The report
shall be verified by the oath of the nominee, taken before any indi-
vidual authorized to administer oaths. The chairman of. the Com-
mittee on Foreign Relations of the Senate shall have each such
report printed in the Congressional Record. As used in this para-
graph, the term "contribution" has the same meaning given such
term by section 301(8) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(8)), and the term "immediate family" means the
spouse of the nominee, and any child. parent, grandparent, brother,
or sister of the nominee and the spouses of any of them.
(c) Within 6 months after assuming the position, the chief of mis-
sion to a foreign country shall submit, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
-22 U.S.C. 3943.
1122 U.S.C. 3944.
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the House of Representatives, a report describing his or. her own
foreign language competence and the foreign language competence
of the mission staff in the principal language or othar dialect of
that country.
Sec. 305.1 Appoi- tment to the Senior Foreign Service.-(a) Ap-
pointment to the Senior Foreign Service shall be to a salary class
established under section 402, and not to a position.
(b) An individual may not be .given a limited appointment in the
Senior Foreign Service if that appointment would cause the
number of members of the Senior Foreign Service serving under
limited appointments to exceed 5 percent of the total number of
members of the Senior Foreign Service, except that (1) members of
the Senior Foreign Service assigned to the Pence Co
ex-
cluded in the calculation and application of this limier ion, and (2)
members of the Senior Foreign Service serving under limited ap-
pointments with reemployment rights under section 310 as career
appointees in the Senior Executive Service shall be considered to
be career members of the Senior Foreign Service for purposes of
,this subsection.
Sec- 306.= Career Appointments.-(a) Before receiving a career
appointment in the Service an individual shall first serve under a
limited appointment- as a career candidate for a trial period of serv-
ice Prescribed by the Secretary. During such trial period of service,
the Secretary shall decide whether-
(1) to offer a career appointment to the candidate under sec-
tion 303, or
(2) to recommend to the President that the candidate be
given a career appointment under section 302.
(b- Decisions by the Secretary under subsection (a) shall be based
upon the- recommendations of boards, established by the Secretary
and composed entirely or primarily of career members of the Serv-
ice, which shall evaluate the fitness and aptitude of career candi-
dates for the work of the Service.
Sec- 307.24 Entry Levels for Foreign Service Officer Candi-
datm-A career candidate for appointment as a Foreign Service
officer may not be initially assigned under section 404 to a salary
class higher than class 4 in the Foreign Service Schedule unless-
(1) the Secretary determines in an individual case that as-
signment to a higher class is warranted because of the qualifi-
cations (including foreign language competence) and experi-
ence of the candidate and the needs of the Service ; or (2) at the time such initial assignment is made, the candidate
is serving under a career appointment in the Service and is re-
ceivtng a salary at a rate equal to or higher than the minimum
rate payable for class 4 in the Foreign Service Schedule.
Sec. 308.= Recall and Reemployment of Career Members.--(a)
Whenever the Secretary determines that the needs of the Service
so require, the Secretary may recall any retired career memi. of
the Service for active duty in the same personnel category as that
c3UT15.
-a U.s.c 3946.
"n U.S.C. 3947.
022 U.S.C. .3948.
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=vroiga .affairs ftnuai
member was serving at the time of retirement. A retired career
member may be recalled under this section to any appropriate
salary class or rate, except that a retired career member of the
Senior Foreign Service may not_ be recalled to a salary class higher
than the one in which the member was serving at the time of re-
tirement unless appointed to such higher class by the President, by
and with the advice and consent of the Senate.
(b) Former career members of the Service may be reappointed
under section 302(ai(1) or 303. without regard to section 306, in a
salary class which is appropriate in light of the qualifications and
experience of the individual being reappointed.
Sec. 309." Limited Appointments.-A limited appointment in
the Service, including an appointment of an individual who is an
employee of an agency, may not exceed 5 years in duration and,
except as provided in section 311(a), may not be extended or re-
newed. A limited appointment in the Service which is limited by
its terms to a period of one year or less is a temporary appoint-
ment.
Sec. 310." Reemployment Rights Following Limited Appoint-
ment.-Any employee of an agency who accepts a limited appoint-
ment in the Service with the consent of. the head of the agency in
which they employee is employed shall be entitled, upon the termi-
nation of such limited appointment. to be reemployed in accord-
ance with section 3597 of title 5, United States Code.
Sec. 311.2' Employment of Family Members of Government Em-
pioyees.--(a) The Secretary, when employing individuals abroad in
positions to which career members of the Service are not customar-
ily assigned (including, when continuity over a iong term is not a
significant consideration, vacant positions normally ailed by for-
eign national employees), shall give equal consideration to employ-
ing available qualified family members of members of the Service
or of other Government employees assigned abroad. Family mem-
bers so employed shall serve under renewable limited appoint-
ments in the Service and may be paid either, in accordance with
the Foreign Service Schedule or a local compensation plan estab-
lished under section 408.
(b) Employment of family members in accordance with this sec-
tion may not be used to avoid fulfilling the need for full-time
career positions.
Sec. 312." Diplomatic and Consular Commissions.-+a) The Sec-
retary of State may recommend to the President that a member of
the Service who is a citizen of the United States be commissioned
as a diplomatic or consular officer or both. The President may, by
and with the advice and consent of the Senate. commission such
member of the Service as a diplomatic or consular officer or both.
The Secretary of State may commission as a vice consul a member
of the Service who is a citizen of the United States. All official
functions performed by a diplomatic or consular officer, including a
vice consul, shall be performed under such a commission.
-'m U.S.C. 3919.
2 U.S.C 3950.
-22 U.S.C. 3951.
-'1 U.S.C. 3952
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(b) Members of the Service commissioned under this section may,
in accordance with their commi ions, perform any function which
any category of diplomatic officer (other than a chief of mission) or
consular officer is authorized by law to perform.
(c) The Secretary of State shall define the limits of consular dis-
tricts.
CHAPTES 4--COMPExaATTON
See. 401." Salaries of Chiefs of ,Mission.--(a) Except as provided
in section 302(b), each chief of mission shall receive a salary, as de-
termined by the President, at one of the annual rates payable for
levels U through V of the Executive Schedule under sections 5313
through 5316 of title 5, United States Code.
(b) The salary of a chief of mission shall commence upon the ef-
fective date of appointment to that position. The official services of
a chief of mission are not terminated by the appointment of a suc.
cessor, out snail continue for such additional period. not to exceed
50 days after relinquishment of charge of the mission, as the Secre-
tary of State may determine. During that period, the Secretary of
State may require the chief of mission to perform such functions as
the Secretary of State deems necessary in the interest of the Gov-
ernment`
Sec. 402.31 Salaries of the Senior Foreign Service.-(a)(l)the
President shall prescribe salary classes for the Senior Foreign Sere
ice and shall prescribe an appropriate title for each class. The
President shall also prescribe one or more basic salary rates for
each class.-Ix Basic salary rates for the Senior Foreign Service may
not exceed the maximum rate or be less than the minimum rate of
basic pay payable for the Senior -Executive Service under section
5382 of title 5, United States Code, and shall be adjusted at the
same time and in the same manner as rates of basic pay are adjust-
ed for the Senior Executive Service.
(2) " The Secretary shall determine which of the basic salary
rates prescribed by the President under paragraph (1) for any
salary class shall be paid to each member of the Senior Foreign
Service who is appointed to that class. The Secretary may adjust
the basic salary rate of a member of the Senior Foreign Service not_
more than once during any 12-month period.
(bXl) An individual who is a career appointee in the Senior Ex-
ecutive Service receiving basic pay at one of the rates payable
under section 5382 of title 5, United States Code, and who accents a
limited appointment in the Senior Foreign Service in a salary class
for which the basic salary rate is less than such oasic rate of pay,
shall be paid a salary at his or her former basic rate of pay (with
adjustments as provided in paragraph (2)) until the salary for his
or her salary class in the Senior Foreign Service equals or exceeds
the salary payable to such individual under this subsection.
"21 U.S.C. 3961.
"?2 U.SC. 3962 Sae. 2403(dX2) of this Act sated that "For t e purpW= of iiaplomentu~g soe-
on 2101? cachous 402(ai and 403 shall be effective as of the data of eaaetmens of this Act." (Oct.
ti
17,198
"See. 124 of Pshlie Law 97-241 (96 Stat. 281) inserted the pare6raph des .- ?(Ir, added
the saeand sentence in par. (1). and inserted a now par. (2).
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(2) The salary paid to an individual under this subsection shall
be adjusted by 50 percent of each adjustment, which takes effect
after the appointment of such individual to the Senior Foreign
Service, in the basic rate of pay at which that individual was paid
under section 5382 of title 5, United States Code, immediately prior
to such appointment.
Sec. 403." Foreign Service?Schedule.-The President shall estab-
lish a Foreign Service Schedule which shall consist of 9 salary
classes and which shall appiy to members of the Service who are
citizens of the United States and for whom salary rates are not oth-
erwise provided for by this chapter. The maximum salary rate for
the highest class established under this section, which shall be des-
ignated class 1, may not exceed the maximum rate of basic pay
prescribed for GS-15 of the General Schedule under section 5332 of
title 5, United States Code. Salary rates established under this sec-
tion shall be adjusted in accordance with subchapter I of chapter
53 of title 5, United States Code.
NOM-Executive Order 12450, December 30, 1983, 49
F.R. 350, states:
C~ 2 3 4 5 6 1
.................._..._............ __..... :50.252 :51.760 51112 :51.912 :56.559 :2256 860.001
.0.719 41.941 43.199 44 495 45.430 41.-01 44.621
32.995 11.965 15.001 :6.055 37.136 :1250 39193
:5.736 111.531 1161 9..115 :0.092 10.991 21.924
:1.461 '2111 :1.941 13.673 :4.313 25.115 25.161
9.361 19.948 32.516 111.163 21.198 27-452 23.125
:7.314 .1.133 .8168 3.919 1181 20.012 20.674
15.411 :5.942 16.421 16.913 11.411 ;1.943 13.412
13.331 14.252 :1.689 15.120 15.571 :6441 16.521
1 3 . 10 II 12 13 14
._.......___.._ _ ___.._..._...._~.. 61.801 61651 55321 65.311 55127 55127 55321
2-? $0.019 51.532 53.129 54.723 56165 58.056 59.791
J. _._~___ 405!0 41.791 43.051 44.343 45.673 .41.043 4454
4 .......... 32.843 33.861 34-su 35.931 37.009 33.119 39161
5_._..~_ 26.644 27.413 23167 29.115 21.911 0.1p 31.334
5..._._. 13.319 14.534 25270 3.021 26.80 27.613 26441
t ...._ _....__~.___ 21294 21.933 22.591 . 23.24- 23.967 24.636 25.426 I
8........_........__......_ 19.036 19.601 20.195 20.301 21.425 12.061 22.130 1
9 ............. ........ _...____ 17.018 17.52! 18.054 8.596 19.154 19.128 20120
' am MW C1 WW a s 5303 d to 5 d no LW W SUN C4v to n ras b WO v d n EaseW ShWja
AO a. a d III! "!tole e1M at me comm. 863.!00.
Sec. 404." Assignment to a Salary Class.-(a) The Secretary
shall assign all Foreign Service officers and Foreign Service person-
nel (other than Foreign Service personnel who are paid in accord-
ance with section 407 or who are family members of Government
employees paid in accordance with a local compensation plan es-
tablished under section 408) to appropriate salary classes in the
Foreign Service Schedule.
X22 U.S.c 3963. Sae. 2403(d112) of this Act stand that "For the purp~ of implementlins 11aa-
tiara 2101. saetimu 4011x1 and 403 shall be efiemve an of the data of enacttamt of this Act" (Oct
17, 1900).
22 U.S.C. 3964.
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analgn Affairs Annuai
(bXl) The salary class to which a memaer.cf the Service is as-
signed under this section shall not be affected by the assignment of
the member to a position classified under chapter 5.
(2) Except as authorized- by subchapter I of chapter 35 of title 5,
United States Code, changes in the salary class of a member of the
Senior Foreign Service or a member of the Service assigned to a
salary class in the Foreign Service Schedule shall be made only in
accordance with chapter i. The Secretary shall prescribe regula-
tions iwhich shall be consistent with the relevant provisions of sub-
chapter VI of chapter 53 of title 5, United States Code, and with
the regulations prescribed to carry out such provisions) providing
for retention of pay by. members of the Service in cases in which
reduction-in-force procedures are applied.
Sec. 405.73- Performance Pay.-Members of the Senior Foreign
Service who are serving-
(1)- under career or career candidate appointments, or
(2) under limited appointments with reemployment rights
under section 310 as career appointees in the Senior Executive
Service,
shall be eligible to compete for performance pay in accordance with
this section. Performance pay shall be paid in a lump sum and
shall be in addition to the basic salary prescribed under section 402
and any other award. "The fact that a member of the Senior For-
eign Service competing for performance pay would, as a result of
the payment of such performance pay, receive compensation ex-
ceeding the compensation of any other member of the Service shall
not preciude the award or its payment.
(b) Awards of performance pay shall take into account the crite-
ria established by the Office of Personnel Management for per-
formance awards under section 5384 of title 5, United States Code.
and rank awards under section 4507 of title 5, United States Code.
Awards of performance pay under this section shall be subject to
the following limitations:
(1) Not more than 50 percent of the members of the Senior.
Foreign Service may receive performance pay in any fiscal
year.
(2) Except as provided in paragraph (3), performance pay for
a member of the Senior Foreign Service may not exceed 20 per-
cent of the annual rate of basic salary for that member. .
(3) Not more than 6 percent of the members of the Senior
Foreign Service may receive performance pay in any fiscal
year in an amount which exceeds the percentage limitation
specified in paragraph (2). Payments under this paragraph to a
member of the Senior Foreign Service may not exceed $10.000
in any fiscal year, except that payments of up to $20.000 in any
fiscal year may be made under this paragraph to up to 1 per-
cent of the members of the Senior Foreign Service.
(4) The total amount of basic salary plus performance pay re-
ceived in any fiscal year by any member a' the Senior Foreign
Service may not exceed the salary payable for level I of the Ex-
ecutive Schedule under section 5312 of title 5, United States
Code, as in effect at the end of that fiscal year.
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Faralga Attars 'bared
kc) The Secretary shall determine the amount of performance pay
available under subsection (bX2) each year for distribution among
the members of the Senior Foreign Service and shall distribute per-
formance pay to particular individuals on the basis of recommenda-
tions by selection boards established under section 602.
(d) The President may grant awards of performance pay under
subsection (b (3) on -the basis of annual recommendations by the
Secretary of State of members of the Senior Foreign Service who
are nominated by their agencies as having performed especially
meritorious or distinguished service. Recommendations by the Sec-
retary of State under this subsection shall be made on the basis of
recommendations by special interagency selection boards estab-
lished by the Secretary of State for the purpose of reviewing and
evaluating the nominations of agencies.
Sec. 406.34 Within-Class Salary Increases.-(a) Any member of
the Service receiving a salary under the Foreign Service Schedule
shall be advanced to the next higher salary step in the member's
class at the beginning of the first applicable pay period following
the completion by that member of a period of-
(1) 52 calendar weeks of service in each of salary steps I
through 9, and
(2) 104 calendar weeks of service in each: of salary steps 10
through 13,
unless the performance of the member during that period is found
in a review by a selection board established under section 602 to
fail below the standards of performance for his or her salary class.
(b) The Secretary may grant, on the basis. of especially meritori-
ous service. to any member of the Service receiving an increase in
salary under subsection (a), an additional salary increase to any
higher step in the salary class in which the -member is serving.
Sec. 407.3' Salaries for Foreign Service Personnel Abroad Who
Perform Routine Duties.-(a) The Secretary may establish salary
rates at rates lower than those established for the Foreign Service
Schedule for the Foreign Service personnel described in subsection
(b). The rates established under this subsection may be no less than
the then applicable minimum wage rate specified in section 6(aXl)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(aXl)).
(b) The Secretary may pay Foreign Service personnel who are re-
cruited abroad, who are not available or are not qualified for as-
signment to another Foreign Service post, and who perform duties
of a more routine nature than are generally performed by Foreign
Service personnel assigned to class 9 in the Foreign Service Sched-
ule, in accordance with the salary rates established under subsec-
tion (a).
Sec. 408.30 Local Compensation Plans.-(aX1) The Secretary
shall establish compensation (including position classification)
plans for foreign national employees of the Service, and for United
States citizens employed in the Service abroad who are family
members of Government employees. To the extent consistent with
the public interest, each compensation plan shall be based upon
"22 U.S.C. 3966.
^22 U.S.C. 3967.
022 U.S.C. 3968.
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U
artvign .Affairs W.,iual.
prevailing wage - ates and compensation practices (including par-
ticipation in .local social security plans) for corresponding types of
positions in the locality of employment, except that such compensa.
tion plans shall provide for payment of wages to those family mem-
bers of Government employees who are paid in accordance with
such plans at a rate which is no less than the then applicable mini-
mum wage rate specified in section 6(aXl) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(aXl)). Any compensation plan estab-
lished under this section may include provision for (A) leaves of ab-
sence with pay for foreign national employees in accordance with
prevailing law and employment practices in the locality of employ-
ment without regard to any limitation contained in section 6310 of
title 5, United States Code, and (B) payments by the Government
and foreign national employees to a trust or other fund in a finan-
cial institution in order to finance future benefits for foreign na-
tional employees. including provision for retention in the fund of
accumulated interest for the benefit of covered foreign national
employees."
(2) The Secretary may make supplemental payments to any civil
service annuitant who is a former foreign national employee of the
Service (or who is receiving an annuity as a survivor of a former
foreign national. employee of the Service) in order to offset ex-
change rate losses. if the annuity being paid such annuitant is
based on-
(A) a salary that was fixed in a. foreign currency that has ap-
preciated in value in terms of the United States dollar, and
(B) service in a country in which (as determined by the Sec-
retary) the average retirement benefits being received by indi-
viduals who retire from competitive local organizations are su-
perior to the local currency value of civil service annuities plus
any other retirement benefits- payable to foreign national em-
ployees wn i retired during similar time periods and after com-
parable careers with the Government.
(b) For the purpose of performing functions abroad, any agency
or other Government establishment (including any establishment
in the legislative or judicial branch) may administer employment
programs for its employees who are foreign nationals or are family .
members of Government employees assigned abroad, in accordance
with the applicable provisions of this Act.
(c) The Secretary of State may prescribe regulations governing
the establishment and administration of local compensation plans
under this section by all agencies and other Government establish-
ments.
See..409.M Salaries of Consular Agents-The Secretary of State
shall establish the salary rate for each consular agent. Such salary
rate shall be established after taking into account the workload of
the consular agency and the prevailing wage rates in the locality
where the agency is located, except that, in the case of a consular
agent who is a citizen of the United States, the salary rate may not
"SK 127(a) of the Dsoartw_mt of Stun Authonsauoo Act. Fbcal Ysate 1981 and 1986 (Public
Law 98-164: 97 Star 1026) aa.ad tt.s aubpara. dsalsltation "W" and the can of a now subpata
Bl.
?2 U.S.C. 3969.
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be less than the then applicable minimum wage rate specified in
section 6(aXl) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(aXl)).
Sec. 410.?1 Compensation for Imprisoned Foreign National Em-
ployees-(a) The head of any agency or other Government estab-
lishment (including any in the legislative or judicial branch) may
compensate any current or former foreign national employee, or
any foreign national who is or was employed under a personal serv-
ices contract, wno is or has been imprisoned by a foreign govern-
ment if the Secretary of State (or, in the case of a foreign national
employed by the Central Intelligence Agency, the Director of Cen-
tral Intelligence) determines that such imprisonment is the result
of the employment of the foreign national by the United States.
Such compensation may not exceed. the amount that the agency
head determines approximates the salary and other benefits to
which the foreign national would have been entitled had he or she
been employed during the period of such imprisonment. Such com-
pensation may be paid under such terms and conditions as the Sec-
retary of State deems appropriate. For purposes of this section, an
agency head snail have the same powers with respect to impris-
oned foreign nationals who are or were employed by the agency as
an agency head lies under subchapter VII of chapter 55 of title 5.
United States Code, to the extent that such powers are consistent
with this section.
(b) Any period of imprisonment of a current or former foreign
national employee which is compensable under this section shall be
considered for purposes of any other empioyee benefit to be, a
period of employment by the Government, except that a period of
imprisonment snail not be creditable-
(1) for purposes of Subchapter III of chapter 33 of title a,
United States Code, unless it is expressly creditable under that
subchapter, or
(2) for purposes of subchapter I of chapter 81 of title 5,
United States Code, unless the individual was employed by the
Government at the time of his or her imprisonment
(c) No compensation or other benefit shall be awarded under this
section unless a claim therefor is filed within 3 years after-
(1) the termination of the period of imprisonment giving rise
to the claim, or
(2) the date of the claimant's first opportunity thereafter to
file such a claim, as determined by the appropriate agency
head.
(d) The Secretary of State may prescibe regulations governing
payments under this section by all agencies and other Government
establishments.
Sec. 411." Temporary Service as Principal Officer,-For such
time (in excess of such minimum period as the Secretary of State
may establish) as any member of the Service is temporarily in
charge of a Foreign Service. post during the absence or incapacity
of the principal officer, that member shall receive, .n addition to
the basic salary paid to the member and notwithstanding sections
1122 U.S.C. 3970.
x22 U.S.C. 3971.
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c)
?or" qn Atfafrs asnwr
5535 and 5536 of title- 5. Uuiied States Code, an amount eaual to
that portion (which the Secretary of State may determine to be ap-
propriate) of the difference b_tween such salary and the basic
salary provided for the principal officer, or, if there is no principal
officer. for the former principal officer.
Sec- 412." Special Differentials.-(a) The Secretary may pay spe-
cisi differentials. in addition to compensation otherwise authorized,
to Foreign Service officers who are required because of the nature
of their assignments to perform additional work on a regular basis
in. substantial excess of normal requirements.
(b) Before implementing any proposal to Limit either the number-----
of Foreign Service officers who may receive a special differential
under subsection (a) or the amounts of such special differentials,
the Secretary shall submit such proposal to the Committee on For-
eign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(c) Nothing in this Act, or in subchapter V of chapter .55 of title
5, United States Code, shall preclude the granting of compensatory .
time off for Foreign Service officers.
Sec. 413." Death Gratuity.-+a) The Secretary may provide for
payment of a gratuity to the surviving dependents of any Foreign
Service employee who dies as a result of injuries sustained in the
performance of duty goad, in an amount equal to one year's
salary at the time of death. Any death gratuity payment made
under this section shall be held to have been a gift and shall be in
addition to any other benefit Rayable from any source.
(b) A death gratuity payment shall be made under this section
only if the survivor entitled to payment under subsection (c) is enti-
tled to elect monthly compensation under section 3133 of title 5,
United States Code, because the death resulted from an injury (ex-
cluding a disease proximately caused by the employment) sustained
in the performance of duty, without regard to whether such survi-
vor elects to waive compensation under such section 8133.
(c) A death.gratuity payment under this section shall be made as
follows:
(1) First, to the widow or widower.
(2) Second. to the child. or children in equal shares, if there
is no widow or widower.
(3) Third, to the dependent parent, or dependent parents in
equal shares. if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection,
no payment shall be made.
(d) As used- in this section-
(1) the term "Foreign Service employee" means any member
of the Service or United States r^presentative to an intern-
tional organization or commission; and
(2) each. of the terms "widow", "widower", "child", and
"parent shall have the same meaning given each such term
by section 8101 of title 5, United States Code.
1' U.S.C. 3972
71 U.S.C. 3973.
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pa's i qt Atts i rs _i~i
CaApm 5-CLAssIFICATION OF POSITIONS AND ASSIGaNUEN rS
Sec. 501." Classification of Positions.-The Secretary shall des-
ignate and classify positions in the Department and at Foreign
Service posts which are to be occupied by members of the Service
(other than by chiefs of mission and ambassadors at large). Posi-
tions designated under this section are excepted from the competi-
tive service. Position classifications under this section shall be es-
tablished without regard to chapter 51 ' of title 5. United States
Code. in relation to the salaries established under chapter 4. in.
classifying positions at Foreign Service posts abroad, the Secretary
shall give appropriate weight to job factors relating to service
abroad and to the compensation practices applicable to United
States citizens employed abroad by United States corporations.
Sec. 502" Assignments to Foreign Service Positions.-WD The
Secretary (with the concurrence of the agency concerned) may
assign a member of the Service to any position classified under sec-
tion 501 in which that member is eligible to serve (other than as
chief of mission or ambassador. at large), and may assign a member
from one such position to another such position as the needs of *the
Service may require.
(2) In making assignments under paragraph (1), the Secretary
shall assure that a member of the Service is not assigned to a posi-
tion at a post in a particular geographic area exclusively on the
basis of the race, ethnicity, or religion of that member.
(b) Positions designated as Foreign Service positions normally
shall be filled by the assignment of members of the Service to those
positions. Subject to that, limitation-
(1) Foreign Service positions may be filled by the assignment
for specified tours of duty of. employees of the Department and
under interagency agreements. employees of,'other agencies;
and
(2) Senior Foreign Service positions may also be filled by
other members of the Service.
(c) The President may assign a career member of the Service to
serve as charge d'affaires or otherwise as the head of a mission (or
as the head of a United States office abroad which is designated
under section 102(aX3) by the Secretary of State as diplomatic in
nature) for such period as the public interest may require.
(d)4' The Secretary of State, in conjunction with the heads of the
other agencies utilizing the Foreign Service personnel system. shall
implement policies and procedures to insure that Foreign Service
officers and members of the Senior. Foreign Service of all agencies
are able to compete for chief of mission- positions and have opportu-
nities on an equal basis to compete for assignments outside their
areas of specialization.
See. 503." Assignments to Agencies, International Organiza-
tions, and Other Bodies.-(a) The Secretary may (with the concur-
U.&C 3981.
-22 U.S.C. 3982.
"See. 130(bl of the Departumt of State Authoriation Act, FutaJ Years 1984 and 1985
(Public Law 98-164. 97 Stat. 1027) added ea6oe. (d). Sae. 130(c of Public Caw 98-164 also re-
Quird a report to Contras from the Saeretary of State des r bins poi== and peoeadurs adopt-
ad pennant to nubs, (dl of this aection (report du. Now. 22, 19841.
-22 U.S.C. 3994.
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L
rence of the agency, organization, or other body concerned) assign a
member of the Service for duty-
(1) in a non-Foreign Service (including- Senior Executive
Service) position in the Department or another agency, or with
an 'international organization, international commission, or
other international body;
(2) with a domestic or international trade, labor, agricultur-
al, scientific. or other conference, congress, or gathering;
(3) for special instruction, training, or orientation at or with
a public or Private organization: and
(4) in the United States (or in any territory or possession of
the United States or in the Commonwealth of Puerto Rico),
with a State or local government. a public or private nonprofit
organization (including an educational institution), or a
Member or office of the Congress.
(bX 1) The salary of a member of the Service assigned under this
section shall be the higher of the salary which that member would
receive but for the assignment under this section or the salary of
the position to which that member is assigned.
(2) The salary. of a member of the Service assigned under this
section shall be paid from appropriations made available for the
payment of salaries and expenses of the Service. Such aopropri-
atiot . may be reimbursed for all or any part of the costs of salaries
and other benefits for members assigned under this section.
(3) A member of the Service assigned under subsection (a)(4) to a
Member or office of the Congress shall be deemed to be an employ.
ee of the House of Representatives or the Senate, as the case may
be. for purposes of payment of travel and other expenses.
(c) Assignments under. this section may .not exceed four years of
continuous service for any member of the Service unless the Secre.
tary approves an extension of such period for that member because.
of special circumstances.
Sec. 504.4? Service in the United States and Abroad.-(a) Career
members of the Service shall be obligated to serve abroad and shall
be expected to serve abroad for substantial portions of their ca-
reers. The Secretary shall establish by regulation limitations upon
assignments of members of the Service within the United States. A
member of the Service may not be assigned to duty within the
United States for any period of continuous service exceeding eight
years unless the Secretary approves an extension of such period for
that member because of special circumstances.
(b) Consistent with the needs of the Service, the Secretary shall
seek to assign each career member ,of the Service who is.a citizen
of the United States to duty within the United States at least once
during each period of fifteen years that the member is in the Serv-
ice.
(c) The Secretary may grant a sabbatical to a career member of
the Senior Foreign Service for not to exceed eleven months in
order to permit the member to engage in study or uncompensatea
work experience which will contribute to the development and ef-
fectiveness of the member. A sabbatical may be granted under this
subsection under conditions specified by the secretary in light of
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the provisions of section 3396(c) of title 5, United States Code,
which apply to sabbaticals granted to members of the Senior Ex-
ecutive Service.
Sec. 505.x? Temporary Details.-A period of duty of not more
than six months in duration by a member of the Service shall be
considered a temporary detail and shall not be considered an as-
signment within the meaning of this chapter.
CHAPTER )-PROMOTION AND RETENTION
Sec. 601." Promotions.-(a) Career members of the Senior For-
eign Service are promoted by appointment under section 302(a) to a
higher salary class in the Senior Foreign Service. Members of the
Senior Foreign Service serving- under career candidate appoint-
ments or noncareer appointments are promoted by appointment
under section 303 to a higher salary class in the Senior Foreign
Service. Foreign Service officers, and Foreign Service personnel
who are assigned to a class in the Foreign Service Schedule, are
promoted by appointment under section 302(a) as career members
of the Senior Foreign Service or by assignment under section 404 to
a higher salary class in the Foreign Service Schedule.
(b) Except as provided in section 606(a), promotions of-
(1) members of the Senior Foreign Service, and
(2) members of the Service assigned to a salary, class in the
Foreign Service Schedule (including promotions of such mem-
bers into the Senior Foreign Service).
shall be based upon the recommendations and rankings of selection
boards established under section 602. except that the Secretary
may by regulation specify categories of career members. and cate-
gories of career candidates, assigned to salary classes in the For-
eign Service Schedule who may receive promotions on the basis of
satisfactory performance.
(cX1) Promotions. into the Senior Foreign Service shall be recom-
mended by selection boards only from among career members of
the Service assigned to class 1 in the Foreign Service Schedule who
request that they be considered for promotion into the Senior For-
eign Service. The. Secretary shall prescribe the length of the period
after such a request is made (within any applicable time in class
limitation established under section 607(a)). during which such
members may be considered by selection boards for entry into the
Senior Foreign Service. A request by a member for consideration
for promotion into the Senior Foreign Service under this subsection
may be withdrawn by the member, but if it is withdrawn, that
member may not thereafter request consideration for promotion
into the Senior Foreign Service.
(2) Decisions by the Secretary on the numbers of individuals to
be promoted into and retained in the Senior Foreign Service shall
be based upon a systematic long-term projection of personnel flows
and needs designed to provide-
(A) a regular, predictable flow of recruitment in the Service;
U.S.C. 3985.
"M U.S.C. 4001.
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(B) effective career development patterns to meet the needs
of the Service; ant
(C) a regular, predictable flow of talent upward through the
ranks and into the Senior Foreign Service.
(3) The affidavit requirements of sections 3332 and 3333(a) of title
5, United States Code, shall not apply with respect to a member of
the Service. who has previously complied with those requirements
and who subsequently is promoted by appointment to any class in
the Senior Foreign Service without a break in service.
Sec. 602" Selection Boards.-(a) The Secretary shall establish
selection boards to evaluate the performance of members of the
Senior Foreign Service and members of the Service assigned to a
salary class in the Foreign Service Schedule. Selection boards shall,
in accordance with precepts prescribed by the Secretary, rank the
members of a salary class on the basis of relative performance and
may make recommendations for-
(1) promotions in accordance with section 601;
(2) awards of performance pay under section 405X;:
(3) denials of within-class step increases under section 406(a);
(4) offer or renewal of limited career extensions under sec-
tion 607(b): and
5) such other actions as the Secretary may prescribe by reg-
ulation.
1b) All selection boards established under this section shall in-
clude public members. The Secretary shall assure that a substan-
tial number of women and members of minority groups are ap-
pointed to each selection board established under this section.
Sec. 603." Basis for Selection Board Review.---4a) Recommenda-
tions and ranwings by selection boards shall be based upon records
of the character, ability, conduct, quality of work. industry, experi-
ence, dependability, usefulness, and general performance of mem-
bers of the Service. Such records may include reports prepared by
or on behalf of the Inspector General of the Department of State
and the Foreign Service, performance evaluation reports of super-
visors, records of commendations, reports of language test scores
from the Foreign Service Institute, awards, reprimands, and other
disciplinary actions. and (with respect to members of the Senior
Foreign Service) records of current and prospective assignments.
(b) Precepts for selection boards shall include a description of the
needs of the Service for performance requirements, skills, and qual-
ities, which are to be considered in recommendations for promo-
tion. The precepts for selection boards responsible for recommend-
ing promotions into and within the Senior Foreign Service shall
emphasize performance which demonstrates the strong policy for-
mulation capabilities, executive leadership qualities, and highly de-
veloped functional and area expertise, which are required for the
Senior Foreign Service.
Sec. 604.54 Confidentiality of Records.-The records described in
section 603(a) shall be maintained in accordance with regulations
? 2 U.S.C. 4002.
'-22 U.S.C 4003.
X22 U.S.C. 4004.
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prescribed by the Secretary. Except to the extent that they pertain
to the receipt, disbursement, and accounting for, public funds, such
records shall be confidential and subject to inspection only by the
President, the Secretary, such employees of the Government as
may be authorized by law or assigned by the Secretary to work on
such records, the legislative and appropriations committees of the
Congress charged with considering legislation and appropriations
for the Service, and representatives duly authorized by such com-
mittees. Access to such records relating to a member of the Service
shall be granted to such member, upon written request.
Sec. 605.54 Implementation of Selection Board Recommenda-
tions.-(a) Recommendations for promotion made by selection
boards shall be submitted to the Secretary in rank order by salary
class or in rank order by specialization within a salary class. The
Secretary shall make promotions and, with respect to career ap-
pointments into or within the Senior Foreign Service, shall make
recommendations to the President for promotions, in accordance
with the rankings of the selection boards.
(b) Notwithstanding subsection (a), in special circumstances set
forth by regulation, the Secretary may remove the name of an indi-
vidual from the rank order list submitted by a selection board or
delay the promotion of an individual named in such.a list.
Sec. 606." Other Bases for Increasing Pay.--(a) The Secretary
may pursuant to a recommendation of the Foreign Service Griev-
ance Board, an equal employment opportunity appeals examiner.
or the Special Counsel of the Merit Systems Protection Board, and
shall pursuant to a decision or order of the Merit Systems Protec-
tion Board-
(1) recommend to the President a promotion of a member of
the Service under section 302(a);
(2) promote a member of the Service under section 303,
(3) grant performance pay to a member of the Senior Foreign
Service under section 405(c); or
(4) grant a within-class salary increase under section 406 to a
member of the Service who is assigned to a salary class in the
Foreign Service Schedule.
(b) In implementing subsection (a) of this section and in cases in
which the Secretary has exercised the authority of section 605(b),
the Secretary may, in special circumstances set forth by regulation,
make retroactive promotions, grant performance pay, make retro-
active within-class salary increases, and recommend retroactive
promotions by the President.
Sec. 607.3' Retirement for Expiration of Time in Class.-(aX1)
The Secretary shall, by regulation, establish maximum time in
class limitations for-
(A) career members of the Senior Foreign Service,
(B) Foreign Service otiicers, and
(C) other career members of the Service who are in such oc-
cupational categories as may be designated. by the Secretary
and who are assigned to salary classes in the Foreign Service
:22 US.C- 400&
"22 US.C. 4006.
^'2 U.S.C. 4007.
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Schedule to wriich Foreign Service officers may also be
assignea.
(2) Maximum time in class limitations under this subsection
(which may not be less than 3 years for career members of the
Senior Foreign Service) may apply with respect to the time a
member may remain in a single salary class or in a combination of
salary classes.
(3) The Secretary may, by regulation, increase or decrease any
madmum time in class established under this subsection as the
needs of the Service may require. If maximum time in class is de-
creased, the Secretary shall provide any member of the Service
who is in a category and salary class subject to the new time in
class limitation an opportunity to remain in class (notwithstanding
the new Limitations) for a period which is at least as long as the
shorter of-
(A) the period which the member would have been permitted
to remain in class but for the decrease in maximum time in
class, or
(B) such minimum period as the Secretary determines is nec-
essary to provide members of the Service who are in the same
category and salary class as that member a reasonable oppor-
tunity to be promoted into the next higher class or comnina-
tion of classes. as the case may be.
(b) members of the Service whose maximum time in class under
subsection (a) expires-
(1) after they have attained the highest -salary class for their
respective occupational categories, or
(2) in the case of members of the Senior Foreign Service,
while they are in salary classes designated by the Secretary,
may continue to serve only under limited extensions of their career
appointment. Such limited extensions may not exceed 5 years in
duration and may be granted and renewed by the Secretary in ac-
cordance with the recommendations of selection boards established
under section 602. Members of the Service serving under such lim-
ited career extensions shall continue to be career members of the
Service.
(c) Any member of the Service-
(1) whose maximum time in class under subsection (a) ex-
pires and who is not promoted to a higher class or combination
of classes, as the case may be, or
(2) whose limited career extension under subsection (b) ex-
pires and is not renewed,
shall be retired from the Service and receive benefits in accordance
with section 609, subject to any career extension under subsection
(d) of this section.
(d) Notwithstanding any other provision of this section-
(1) the career appointment of a member of the Service whose
maximum time in class under subsection (a) expires, or whose
limited career extension under subsection (b) expires, while
that member is or-upying a position to whit. 'i be or she was
appointed by the 'res:dent, by and with the advice and con-
sent of the Senate, shall be extended until. the appointment .o
that position is terminated; and
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(2) If the Secretary determines it to be in the public interest,
the Secretary may extend temporarily the career appointment
of a career member of the Service whose ma imum time in
class or limited career extension expires, but in no case may
any extension under this paragraph exceed one year and such
extensions may be granted only in special circumstances.
Sec. 608.3? Retirement Based on Relative Performance.--(a) The
Secretary shall prescribe regulations concerning the standards. of
performance to be met by career members of the Service who are
citizens of the United States. Whenever a selection board review in-
dicates that - the performance of such a career member of the Serv-
ice may not meet the standards of performance for his or her class,
the Secretary shall provide for administrative review of the per-
formance of the member. The review shall include an. opportunity
for the member to be heard.
(b) In any case where the administrative review conducted under
subsection (a) substantiates that a career member of the Service
has failed to meet the standards of performance for his or her
class, the member shall be retired from the Service and receive
benefits in accordance with section 609.
Sec. 609.30 Retirement Benefits.-A member of the Service-
(1) who is retired under section 607(cX2); or
(2) who is retired under section 607(cXl) or 608(b)-
(A) after becoming eligible for voluntary retirement
under section 811, or
(B) from the Senior Foreign Service or while assigned to
class in the Foreign Service Schedule,
shall receive retirement benefits in accordance with section 806.
(b) Any member of the Service (other than a member to whom
subsection (a) applies) who is retired under section 607(cXl) or
508(b) shall receive-
(1) one-twelfth of a year's salary at his or her then current
salary rate for each year of service and proportionately for a
fraction of a year. but not exceeding a total of one year's
salary at his or her then current salary rate, payable without
interest from the Foreign Service Retirement and Disability
Fund in 3 equal installments. such installments to be paid on
January 1 of each of the first 3 calendar years beginning after
the retirement of the member (except that in special cases, the
Secretary of State may accelerate or combine such install-
ments); and
(2) a refund as provided in section 815 of the contributions
made by the members to the Foreign Service Retirement and
Disability Fund, except that in lieu of such refund a member
who. has at least 5 years of service credit toward retirement
under the Foreign Service Retirement and Disability System
(excluding military and naval service) may elect to receive an
annuity, computed under section 806, commencing at age 60.
In the event that a member of the Service has elected to receive
retirement benefits under paragraph (2) and dies before reaching
"22 U.S.C. 4008.
"22 U.S.C. 4009.
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=arslgn Attsirs %rfs.l
age 60, his or her death shall be considered a death in service
w'thir the meaning of section 809.
Sec. 610." Separation for Cause.-(aXl) The Secretary may sepa-
rate any member from the Service for such cause as will promote
the efficiency of the Service.
(2) A member of the Service who is a member of the Senior For-
eign Service or is assigned- to a salary class in the Foreign Service
Schedule and who either (A) is serving under a career appoint-
ment. or (B) if separation is to be by reason of misconduct. is serv-
ing under a limited appointment. shall not be separated from the
Service under this section until the member has been granted a
hearing before the Foreign Service Grievance Board - and the cause
for separation established at such hearing, unless the member
waives in writing the right to a hearing. The hearing procedures
applicable to grievances under section 1106 and shall be in lieu of-
any other administrative procedure authorized or required. by this
or any other law.
(b) Any participant in the Foreign Service Retirement and Dis-
ability System who is separated under subsection (a) shall be enti-
tled to receive a refund as provided in section 815 of the contribu-
tions made by the participant to the Foreign Service Retirement
and Disability Fund. Except in cases where the Secretary deter-
mines chat separation was based in whole or in part on the ground
of disloyalty to the United States, a participant who has at least 5
years of service credit toward retirement under the Foreign Service
Retirement and Disability System (excluding military and naval
service) may elect, in lieu of such refund. to an annuity, computed
under section 306. commencing at age 60.
Sec. 611." Termination of Limited Appointments.-Except as
provided in section 610(ai2). the Secretary may terminate at any
time the appointment of any member of the Service serving under
a limited appointment who is in the Senior Foreign Service, who is
assigned to a salary class in the Foreign Service Schedule, or who
is a family member of a Government employee serving under a
local compensation plan established under section 408.
Sec. 612." Termination of Appointments of Consular Agents
and Foreign National Employees.-(a) The Secretary of State may
terminate at any time the appointment of any consular agent in
light of the criteria and procedures normally followed in the local-
ity in similar circumstances.
(b) The Secretary may terminate at any time the appointment of
any foreign national employee in light of the criteria and proce-
dures normally followed in the locality in similar circumstances
'
Sec. 613." Foreign Service Awards.-The President shall estab-
lish a system of awards to confer appropriate recognition of out-
standing contributions to the Nation by members of the Service.
The awards system established under this section shall provide for
presentation by the. President and by the Secretary of medals or
other suitable commendations for performance in the course of or
"'1' U.S.C.. ;0.
22 U.S.C 4011.
022 U.S.C. 4012.
22 U.S.C. 4013.
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?13
beyona the call of duty which involves distinguished. meritorious
service to the Nation. including extraordinary valor in. the face of
danger to life or health.
CiArrEa 7-FOREIGN SERvicE INSrrTUTE, CAREER DEVELOPMENT,
TRAINING, AND ORIENTATION
Sec. 701.- Foreign Service Institute.-(a) The Secretary of State
shall maintain and operate the Foreign Service Institute (herein-
after in this chapter referred to as the "Institute"), originally es-
tablished under section 701 of the Foreign Service Act of 1946, in
order to promote career development within the Service and to pro-
vide necessary training and instruction in the field of foreign re-
lations to members of the Service and to employees of the Depart-
ment and of other agencies. The Institute shall be headed by a Di-
rector, who shall be appointed by the Secretary of State.
(b) To the extent practicable, the Secretary of State shall provide
training under this chapter which meets the needs of all agencies.
and other agencies shall avoid duplicating the facilities and train-
ing provided by the Secretary of State through the Institute and
otherwise.
(c) " Training and instruction may be provided at the institute
.for not. to exceed sixty citizens of the 'Trust Territory of the Pacific
Islands in order to prepare them to serve as members of the for-
eign services of the Federated States of Micronesia. the Marshall
Islands, and Palau. The authority of this subsection shall expire
when the Compact of Free Association is approved by the Congress.
Sec. 702.'- Foreign Language Requirements.-(a) The Secretary
shall establish foreign language proficiency requirements for mem-
bers of the Service who are to be assigned abroad in order that For-
eign Service posts abroad will be staffed by individuals having a
useful knowledge of the language or dialect common to the country
in which the post is located.
(b) The Secretary'of State shall arrange for appropriate language
training of members of the Service by the Institute or otherwise in
order to assist in meeting the requirements established under sub-
section (a).
Sec. 703.^ Career Development.-(a) The Secretary shall, estab-
lish a professional development program to assure that members of
the Service obtain the skills and knowledge required at the various
stages of their careers. With regard to Foreign Service officers, pri-
mary attention shall be given to training for career candidate offi-
cers and for midcareer officers, both after achieving tenure and as
they approach eligibility for entry to the Senior Foreign Service, to
enhance and broaden their qualifications for more senior levels of
responsibility in the Service. Training for other members of the
Service shall emphasize programs designed to enhance their partic-
ular skills and expert knowledge, including development of the
management skills appropriate to their occupational categories.
"22 U.S.C. 1021.
-Sea 126 of the Department of State Authorization Act. Fiscal Yam 1.484 and 1985 (Public
Law 98-164-.97 Stu 1026) added subeac. ic).
?:22 U.S.C. 4022
22 U.S.C. 40211.
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arefga .ittairs ,drat
ib) Junior Foreign Service orficer training shall be directed pri.
manly toward providing expert knowledge in the basic functions of
analysis and reporting as well as in consular, administrative, and
linguistic skills relevant to the full range of future job assignments.
Midcareer training shall be directed primarily toward development
and perfection of management, functional, negotiating, and policy
development skills to prepare the officers progressively for more
senior levels of responsibility.
(c) At each stage the program of professional development should
be designed to Provide members of the Service with the opportuni-
ty to acquire skills and knowledge relevant to clearly establishes
professional standards of expected performance. Career candidates
should. satisfactorily complete candidate training prior to attain-
ment of career status. Members of the Service should satisfactorily
complete midcareer training before appointment to the Senior For-
eign Service.
(d) In formulating programs under this section, the Secretary
should establish a system to provide, insofar as possible, credit
toward university degrees for successful completion of courses com-
parable to graduate-level, university courses.
(e) Training provided under this section shall be conducted by
the Department and by other governmental and nongovernmental
institutions as .the Secretary may consider appropriate.
(f) The Secretary of State shall. report annually to the Congress
and the President on the status of the professional development
Program and the resources needed and made available to achieve
it. The first such report, to be submitted 90 days after the effective
date of this Act, shall set out the resources required to initiate suc-
cessfully the Program established pursuant to this section.
See. 704.? Training Authorities.-(a) In the ex... cise of functions
under this chapter. the- Secretary of State may-
(1) provide for the general nature of the training and instruc-
tion to be furnished by the Institute, including functional and
geographic area specializations;
(2) correlate training and instruction furnished by the insti-
tute with courses given at other Government institutions and
at private institutions which furnish training and instruction
useful in the field of foreign affairs;
(3) encourage and foster programs complementary to those
furnished by the Institute, including through grants and other
gratuitous assistance to nonprofit institutions cooperating in
any of the programs under this chapter.
(4XA) employ in accordance with the civil service laws such
this teeter. may be necessary to carry out the provisions of and
(B) if and to- the extent determined to be necessary by the
Secretary of State, obtain without regard to the provisions of
law governing appointments in the competitive service, by ap-
pointment or contract (subject to the availability of appropri-
ations). the services of individuals r' serve as language instruc-
tors, linguists, and other academic and training specialists (in-
cluding, in the absence of suitably qualified United States citi-
0
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Farsign Attairs Ant
i
zees. quaiined individuals wito -are, not citizens of the United
States); and
(5) acquire such real and personal property and equipment
as may be necessary for the establishment, maintenance, and
operation of the facilities necessary to carry out the provisions
of this chapter without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5) and section 302 of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 252).
(b) In furtherance of the objectives of this Act, the Secretary
may-
(1) pay the tuition and other expenses of members of the
Service and employees of the Department who are assigned or
detailed in accordance with law for special instruction or train-
ing, including orientation, language,. and career development
training;
(2) pay the salary (excluding premium pay or any special dif-
ferential under section 412) of members of the Service selected
and assigned for training; and
(3) provide special monetary or other incentives to encourage
members of the Service to acquire or retain proficiency in for-
eign languages or special abilities needed in the Service.
(c) The Secretary may provide to family members of members of
the Service or of employees of the Department or other agencies, in
anticipation of their assignment abroad or while abroad-
(1) appropriate orientation and language training; and
(2) functional training for anticipated prospective employ-
ment under section 311. .
Sec. 705.?? Training Grants.-(a) To facilitate training provided
to members of families of Government employees under this chap-
ter, the Secretary may make grants 1by advance payment or by re-
imbursement) to family members attending approved programs of
study. No such grant may exceed the amount actually expended for
necessary costs incurred in conjunction with such attendance.
(b) If a member of the Service who is assigned abroad, or a
member of his'or her family, is unable to participate in language
training furnished by the Government through the Institute or oth-
erwise, the Secretary may compensate that individual for all or
part of the costs of language training, related to the assignment
abroad, which is undertaken at a public or private institution
.
Sec. 706.'? Career Counseling.--(a) In order to facilitate their
transition from the Service, the Secretary may provide (by contract
or otherwise, subject to the availability of appropriations). profes-
sional c9f counseling, advice, and placement assistance to mem-
rvtce. and to former members of the Service who
th ted for cause.
(bX1) The Secretary may facilitate the employment of spouses of
embers of the Service by-
(A) providing regular- career counseling for such spouses;
= U.S.C. 4025.
"22 U.S.C. 4026.
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(B) maintaining a centralized system for cataloging their
skills and the various governmental and nongovernmental em-
ployment opportunities available to them; and
(C) otherwise assisting them in obtaining employment.
(2) The Secretary shall establish a family liaison office to carry
out this subsection and such other functions as the Secretary may
determine.
CHAPTER 3-FOREIGN SERVICE RETIREMENT AND DISABILITY
SYSTEM"
Sec. 801." Administration of the System.-In accordance with
such regulations as the President may prescribe, the Secretary of
State shall administer the Foreign Service Retirement and Disabil-
ity System (hereinafter in this chapter referred to as the
"System"), originally established pursuant to section 18 of the Act
of May 24, 1924 (43 Stat. 144).
Sec. 802" Maintenance of the Fund.-The Secretary of the
Treasury shall maintain the special fund known as the Foreign
Service Retirement and Disability Fund (hereinafter in this chap-
ter referred to as the "Fund"), originally created by section 18 of
the Act of May 24. 1924 (43 Stat. 144).
Sec. 303.'4 Participants.-(a) The following members of the Serv-
ice (hereinafter in this chapter referred to as "participants") shall
be entitled to the benefits of the System:
(1) Every member who is serving under a career appointment or
as a career candidate under section 306-
(A) in the Senior Foreign Service, or
(B) assigned to a salary class in the Foreign Service Sched-
ule.
(2) Every chief of mission: who is not a participant under para-
graph (1). who-
(A) has served as chief.of mission for an aggregate period of
20 years or more, and
(B) has paid into the Fund a special contribution for each
year of such service in accordance with section 805.
(b- Any otherwise eligible member of the Service who is appoint-
ed to a position in the executive branch by the President, by and
with the advice and consent of the Senate, or by the President
alone, shall not by virtue of the acceptance of such appointment
cease to be eligible to participate in the System.
(c) In addition to the individuals who are participants in the
System under subsection (a), any individual who was appointed as
a Binational Center Grantee and who completed at least 5 years of
.satisfactory service as such a grantee or under any other appoint-
ment under the Foreign Service Act of 1946 may become a partici-
pant in the System. and shall receive credit for such service if an
appropriate special contribution is made to the Fund in accordance
with section 805(d) or (f).
"See aim the retained pr vuwne of the Foreign Serviee Retirement Amendments of 1976
go 894).
' J.S.C. 4041.
22 U.S.C. 4042.
:2 U.S.C. 4043.
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Sec. 304." Definitions.-As used in this chaD ter, unless ocher-
wise specified, the term-
(1) "annuitant" means any individual,. including a former
participant or survivor, who meets all requirements for an an-
nuity from the Fund under this or any other Act and who has
filed a claim for such annuity;
(2) "child" means an individual-
(A) who-
(i) is an offspring or adopted child of the participant,
(ii) is a stepchild or recognized natural child of the
participant and who received more than one-half sup-
port from the participant, or
(iii) lived with the participant, for whom a petition
of adoption was filed by the participant, and who is
adopted by the surviving spouse of the participant
after the death of the participant;
(B) who is unmarried; and
(C) who-
(i) is under the age of 18 years,
(ii) is a student under the age of 22 years (for pur-
poses of this clause, an individual whose 22d birthday
occurs before July i. or after August 31 of the calendar
year in which that birthday occurs, and while the indi-
vidual is a student, is deemed to become 22 years of
age on the first July 1 which occurs after that birth-
day), or
(iii) is incapable of self-support because of a physical
or mental disability which was incurred before the in-
dividual reached the age of 18 years;
(3) "court" means any court of any. State or of the District of
Columbia;
(4) "court order" means any court decree of divorce or annul-
ment, or any court order or court approved property settle-
ment agreement incident to any court decree of divorce or an-
nulment;
(5) "Foreign Service normal cost" means the level percentage
of payroll required to be deposited in the Fund to meet the cost
of benefits payable under the System (computed in accordance
with generally accepted actuarial practice on an entry-age
basis) less the value of retirement benefits earned under an-
other retirement system for Government employees and less
the cost of credit allowed for military and naval service;
(6) "former spouse" means a former wife or husband of a
participant or former participant who was married to such par-
ticipant for not less than 10 years during periods of service by
that participant which are creditable under section 816;
(7) "Fund balance" means the sum of-
(A) the investments of the Fund calculated at par value,
plus
(B) the cash balance of the Fund on the books of the
Treasury;
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;-sign Aftalrs : ss i
(8) "lump-sum credit" means the compulsory and special con.
tributions to the credit of a participant or former participant
in the Fund plus interest on such contributions at 4 percent a
year compounded annually to December 31, 1976, and after
such date, for a participant who separates from the Service
after completing at least 1 year of civilian service and before
completing 5 years of such service, at the rate of 3 percent per
year to the date of separation (except that interest shall not be
paid for a fractional part of .a month in the total service or on
compulsory and special contributions from an annuitant for
recall service or other service performed after the date of sepa-
ration which forms the basis for annuity);
(9) "military and naval service" means-honorable active serv
ice-
(A) in the Armed Forces of the United States,
(B) in the Regular or Reserve Corps of the Public Health
Service after June 30, 1960, or
(C) as a commissioned officer of the National Oceanic
and Atmospheric Administration, or a predecessor organi-
zation, after June 30, 1961.
but does. not include service in the National Guard except
when ordered to active duty in the service of the United
States;
(10) "pro rata share", in the case of any former spouse of any
participant or former participant, means a percentage which is
equal to the percentage that (A) the number of years during
which the former spouse was married to the participant during
the creditable service of that participant is of (B) the total
number of years of such creditable service;
(11) "spousal agreement" means any written agreement be-
tween-
(A) a participant or former participant; and
(B) his or her spouse or former spouse;
(12) "student" means a child regulariy pursuing a full-time
course of study or training in residence in a high school, trade
school, technical or vocational institute, junior college, college,
(
university, or comparable recognized educational institution
purposes of this paragraph, a child who is a student shall
not be deemed to have ceased to be a student during any
period between school years, semesters, or terms if the period
of nonattendance does not exceed 5 calendar months and if the
child shows to the satisfacton of the Secretary of State that he
or she has a bona fide intention of continuing to pursue his or
her course of study during the school .year, semester, or term
immediately following such period);
(13) "surviving spouse" means the surviving wife or husband
of a participant or annuitant who, in the case of a death in
service or marriage after retirement, was married to the par.
ticipant or annuitant f"r at least one year immediately preced-
ing his or her death of is parent of a child born of the mar-
riage; and
(14) "unfunded liability" means the estimated excess of the
present value of all benefits payable from the Fund over the
sum of-
0
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(A) the present value of deductions to be withheld from
the future basic salary of participants and of future agency
contributions to be made on their behalf, plus
(B) the present value of Government payments to the
Fund under section 821, plus
(C) the Fund balance as of the date the unfunded liabili-
ty is determined.
Sec. 805." Contributions to. the Fund.-(a) 7 percent of the basic
salary received by each participant shall be deducted from the
salary and contributed to the and for the payment of annuities,
cash benefits, refunds, and allowances. An equal amount shall be
contributed by the Department from the appropriations or fund
used for payment of the salary of the participant. The Department
shall deposit in the Fund the amounts deducted and withheld from
basic salary and the amounts contributed by the Department.
(b) Each participant shall be deemed to consent and agree to
such deductions from basic salary. Payment less such deductions
shall be a full and complete discharge and acquittance of all claims
and demands whatsoever for all regular services during the period
covered by such payment, except the right to the benefits to which
the participant shall be entitled under this Act, notwithstanding
any law, rule, or regulation affecting the salary of the individual.
(cXl) If a member of the Service who is under another retirement
system for Government employees becomes a participant in the
System by direct transfer, the total contributions and deposits of
that member that would otherwise be refundable on separation
(except voluntary contributions), including interest thereon, shall
be transferred to the Fund effective as of the date such member
becomes a participant in the System. Each such member shall be
deemed to consent to the transfer of such funds, and such transfer
shall be a complete discharge and acquittance of all claims and de.
mands against the other Government retirement fund on account
of service rendered by such member prior to ' becoming a partici-
pant in the System.
(2) A member of the Service whose contributions are transferred
to the Fund pursuant to paragraph (1) shall not be required to
make additional contributions for periods of service for which re-
quired contributions were made to the other Government retire-
ment fund; nor shall any refund be made to any such member on
account of contributions made during any period to the other Gov-
ernment retirement fund at a higher rata than that fixed by sub-
section (d).
(d)(1) Any participant credited with civilian service after July 1,
1924--
(A) for which no retirement contributions, deductions, or de-
posits have been made, or
(B) for which a refund of such contributions, deduction& or
deposits has been made which has not been redeposited.
may make a special contribution to the Fund equal to the following
percentages of basic salary received for such service:
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Foreign Affairs Annual
tbvws of
gene -scary
July 1. 1924. through October 15. 1960. inclusive ...........? ...?.
October 16. 1960, through "?""'??"""""'
December 31. 1969. tacittstve .?.....?.......?..?..?..... 6%
On and after January. 1.1970 ...?............??.?. '
(2) Notwithstanding Paragraph (1), a special contribution for
prior nondeposit service as a. National Guard technician which
would be creditable toward retirement under subchapter IU of
chapter 83 of title 5, United States Code, and for which a special
contribution has riot been made, shall be equal to the special con-
tribution for such service computed in accordance with the sched-
ule in paragraph (1) multiplied by the percentage of such service
that is creditable under section 816.
(3) Special contributions under this subsection shall include in-
terest computed from the midpoint of each service period included
in the computation, or from the date refund was paid, to the date
of payment of the special contribution or commencing date of an.
nuity, whichever is earlier. Interest shall be compounded at the
annual rate of 4 percent to December 31, 1976, and 3 percent there.
after. No interest shall be charged on special contributions for
any period of separation from Government service. which began
before October 1. 1956. Special contributions may be paid in install.
menus (including by allotment of pay) when authorized by the Sec-
retary of State.
(e)'e (1) Each Participant who has performed military or naval
service before the date of separation on which the entitlement to
any annuity under this chapter is based may pay to the Secretary
a special contribution equal to 7 percent of the amount of the basic
pay paid under section 204 of title 37 of the United States Code, to
the participant for each period of military or naval service after
December 1956. The amount of such payments shall be based on
such evidence of basic pay for military service as the participant
may provide or if the Secretary determines sufficient evidence has
not been so provided to adequately determine basic pay for military
or naval service, such payment shall be based upon estimates of
such basic pay provided to the Department under paragraph (4).
(2) Any deposit made under paragraph (1) of this subsection more
than two Years after the later of-
(A) the effective date of this Order, or
"S- 1 Estvtive Order 12416 (Oct 17.198S: 48 P.R. 484431 provides the following:
'1-041011 1. 1.ntaras Rare. Depadts. Refunds, and Redspedta (a) The eeoond sentence of Sec,
tine 805(dM3) of the Act (22 U.S.C. 4054(dX3)). the first sentanee to Section 815(h, (22 U.S.C.
4055(h)). and the first aentane of Section 825(ai (22 U.S.C. 4065an. an deemed to be amended to
peosnde that Internet shall be oampounded at the annual rata of 3 percent, per annum through
December :1. 1984. and thereafter at a rate equal to the overall average yield to the Fund
wring the preceding fiaeal year from all obligations pu ehsaad the Secretary during such fid year Una" eatsron 819. as determaed by the by S the of the ?Tfrethe rrTy.
?(b). . .
"fci The amendment. deemed to be made by section 1 of this Order shall apply (i) to contribu.
Lions for civilian Mnie performed on or after the firs day of the month following tesuance of
this Order. (ii) to contribution for prior refunds to participants for which application u received
by the employing agency on and after such first day of the month. and (iii) to excess contribu?
iron under section 315(h) and voluntary contributions under eNction 825(ai from the firs day of
the month following ia.oance of this Order."
" Sec- Mat of Executive Order (e) subsea. (g) and added new lsubnv.(e) an17. 1983: 48 FA 28443) r
d AA. effective Oct 17.1 ~ ezisung stbsac
0
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(B) the date on which the participant making the deposit
first became a participant in a Federal staff retirement system
for civilian employees,-
shall include interest on such amount computed and compounded
annually beginning on the date of the expiration of the two-year
period. The interest rate that is applicable in computing interest in
any year under this paragraph shall be equal to the interest rate
that is applicable for such year under subsection (d) of this section.
(3) Any payment received by the Secretary under this section
snail be remitted to the Fund.
(4) The Secretary of Defense, the Secretary of Transportation. the
Secretary of Commerce, or the Secretary of Health and Human
Services, as appropriate, shall furnish such information to the Sec-
retary as the Secretary may determine to be necessary for the ad-
ministration of this subsection----
(f) " Contributions shall only be required to obtain credit for peri-
ods of military or naval service to the extent provided under sec-
tion 805(e) and section 816(a), except that credit shall be allowed in
the absence of contributions to individuals of Japanese ancestry
under section 816 for periods of internment during World War IL
(g)" A participant or survivor may make a special contribution
at any time before receipt of annuity and may authorize payment
by offset- against initial annuity accruals.
Sec. 806." Computation of Annuities.-(a)- The annuity of a
participant shall be equal to 2 percent of his or her basic salary for
the highest 3 consecutive years of service multiplied by the number
of years. not exceeding 35, of service credit obtained in accordance
with sections 816 and 317, except that the highest 3 years of. service
shall be used in computing the annuity of any participant who
serves an assignment in a position. as described in section 302(b). to
which the participant was appointed by the President and 11 whose
continuity of service in that position is interrupted prior to retire-
ment by appointment or assignment to any other position deter-
mined by the Secretary of State to be of comparable importance. In
determining the. aggregate period of service upon which the annu-
ity is to be based. the fractional part of a month. if any, shall not
be counted. The annuity shall be reduced by 10 percent of any spe-
cial contribution described in section 305(d) which is due for service
for which no contributions were made and which remains unpaid
unless the participant elects to eliminate the service involved for
purposes of annuity computation.
"22 U.S.C. 4046.
? See. 1 of Ehmmciw Order 12446 (Oct 17, 1983: 48 F.R. 48443) provides the following
"Section 1. !mess- Rare Aeoosta Refunds, and Radepwus (al . . .
Ib) Sections 808(al and 816(d) of the Act i22 US.C.4046(a) and 4056(d)) are deemed to be
amended to anduda from the comoutawn of creditable civilian service under section 816(a* of
the Act any period of civilian mrv+ce for which retirement deductions or contributions have riot
been made under section d05(d) of the Act uniew-
(1) the participant makes a contribution for such period as provided in such section 805(d): or
(2) no tmteibution is required for inch service se provided under section 805(f) of the Act as
deemed to be amended by the Order. or under any other status
"(c) The emendseents deemed to be made by section I of this Order shall apply (i) to contribu-
tions for civilian service performed on or after the first day of the month following iantance of
this Order. (U) to contributions for prior refunds to participants for which applications is re-
caved by the employing agency on and after such first day of the month. and (iii) to inc...
contributions under section 315(h) and voluntary contributions under section 825(a) from the
first day of the month following iguanas of this Order."
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(bXlXA) Except to the -xtent provided, otherwise under a written
election under subparagraph (B) or (C), if at the time of retirement
a participant or former participant is married (or has 'a former
spouse who has not remarried before attaining age 60), the partici-
pant shall receive a reduced annuity and provide a survivor annu-
ity for his or her spouse under this subsection or former spouse
under section 814(b), or a combination of such annuities, as the
case may be.
(B) At the time of retirement, a married participant or former-
participant and his or her spouse may jointly elect in writing to
waive a survivor annuity for that spouse under this section (or
under section 814(b) if the spouse later qualifies as a former spouse
under section 804(6)), or to reduce such survivor annuity under this
section (or section- SUN) by designating a portion of the annuity of
the participant as the base for the survivor benefit In the event
the marriage is dissolved following an election for such a reduced
annuity and the spouse qualifies as a former spouse, the base used
in calculating any annuity of the former spouse under section
814(b) may not exceed the portion of the participant's annuity des-
ignated under this subparagraph.
(C) if a participant or former participant has a former spouse,
the participant and such former spouse may jointly elect by spous-
al agreement under section 820(bXl) to waive a survivor annuity
under section 814(b) for that former spouse if the election is made
(i) before the end of the 12-month period after the divorce or annul-
ment involving that former spouse becomes final or (ii) at the time
of retirement whichever occurs first
(D) The Secretary ' of State may prescribe regulations under
which a participant or former participant may make. an election
under subparagraph (B) or (C) without the participant's spouse or
ormer spouse if the participant establishes to the satisfaction of
the Secretary of State that the participant does not know, and has
taken all reasonable steps to determine, the whereabouts of the
spouse or former spouse.
(2) The annuity of a participant or former participant providing a
survivor benefit under this section (or section 814(b)), excluding any
portion of the annuity not designated or committed as a base for
any survivor annuity, shall be reduced by 2% percent of the first '
$3,600 plus 10 percent of any amount over $3,600. The reduction
under this paragraph shall be calculated before any reduction
under section 814(aXS).
(3XA) If a former participant entitled to receive a reduced annu-
ity under this subsection dies and is survived by a spouse. a survi-
vor annuity shall be paid to the surviving spouse equal to 55 per-
cent of the full amount of the participant's annuity computed
under subsection (a), or 55 percent of any lesser amount elected as
the base for the survivor benefit under paragraph (1)(B).
(B) Notwithstanding subparagraph (A), the amount of the annu-
ity calculat I Linder subparagraph (A) for a surviving spouse in
any case in which there is also a surviving former spouse of the
participant who qualifies for an annuity under section 814(b) may
not exceed 55 percent of the portion (if any) of the base for survivor
benefits which remains available under section 814(bX4XB).
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(C) An annuity payabie from the Fund to a surviving spouse
under this paragraph shall commence on the day after the partici-
pant dies and shall terminate on the last day of the month before
the surviving spouse's death or remarriage before attaining age 60.
If such a survivor annuity is terminated because of remarriage, it
shall be restored at the same rate commencing on the date such
remarriage is terminated if any lump sum paid upon termination
of the annuity is returned to the Fund.
(c)(1) If an annuitant who was a participant dies and is survived
by a spouse and by a child or children, . in addition to the annuity
payable to the surviving spouse, there shall be' paid to or on beiiaif
of each child an annuity equal to the smaller of- -
(A) $900, or
(B) ?2,700 divided by the number of children.
(2) If an annuitant who was a participant- dies and is not sur-
vived by a spouse but by a child or children, each surviving child
shall be paid an annuity equal to the smaller of-
(A) $1,080, or
(B) $3,240 divided by the number of children.
(3) The amounts specified in this subsection are subject to-
(A) cost-of-living adjustments as specified . under section
826(c)(3), and
(B) the minimum specified in subsection (1X2) of this section.
(d) If a surviving spouse dies or the annuity of a child is termi-
nated, the annuities of any remaining children shall be recomputed
and paid as though such spouse or child had not survived the par-
ticipant. If the annuity to a surviving child who has not been re-
ceiving an annuity is initiated or resumed, the annuities of any
other children shall be recomputed and paid from that date as
though the annuities. co all currently eligible children in the family
were then being initiated.
(e) The annuity payable to a child under subsection (c) or (d)
shall begin 'on the day after the participant dies, or if the child is
not then qualified, on the first day of the month in which the child
becomes eligible. The annuity of a child shall terminate on the last
day of the month which precedes the month in which eligibility
ceases.
(f) At the time of retirement an unmarried participant who does
not have a former spouse for whose benefit a reduction is made
under subsection (b) may elect to receive a reduced annuity and to
provide for an annuity equal to 55 percent of the reduced annuity
payable after his or her death to a beneficiary whose name is desig-
nated in writing to the Secretary of State. The annuity payable to
a participant making such election shall be reduced by 10 percent
of an annuity computed under subsection (a) and by 5 percent of an
annuity so computed for each full 5 years the designated benefici-
ary is younger than the retiring participant, but such total reduc-
tion shall not exceed 40 percent. No such election of a reduced an-
nuity payable to a beneficiary shall be valid until the participant
has satisfactorily passed a physical examination- as prescribed by
the Secretary of State. The annuity payable to a beneficiary under
this subsection shall begin on the day after the annuitant dies and
shall terminate on the last day of the month preceding the death of
the beneficiary. An annuity which is reduced under this subsection
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or any similar prior provision of law) shall. effective the first day
of the month following the death of the beneficiary named under
this subsection. be recomputed and paid as if the annuity had not
been so reduced.
(g) A participant or former participant who was unmarried at re-
tirement and who later marries may, within one year after such
marriage. irrevocably elect in writing to receive a reduced annuity
and to provide a survivor annuity for the spouse (if such spouse
qualifies as a surviving spouse under section 804(13)). Receipt by
the Secretary of State of notice of an election under this subsection
voids prospectively any election previously made under subsection
(f). The reduction in annuity required by an election under this
.subsection shall be computed and the amount of the survivor annu-
ity shall be determined in accordance with subsections (b) (2) and
(3). The annuity reduction or recomputation shall be effective the
first day of the month beginning one year after the date of mar-
age
(h) A surviving spouse or surviving former spouse of any partici-
pant or former participant shall not become entitled to a survivor
annuity or to the restoration of a survivor annuity payable from
the Fund unless the survivor elects to receive it instead of any
other survivor annuity to which he or she may be 'entitled under
this or. any other retirement system for Government employees on
the basis of a marriage to someone other than that participant.
(i)(i) Any married- annuitant who reverts to retired status with
entitlement to a supplemental annuity under section 823 shall.
unless the annuitant and his or her spouse jointly elect in writing
to the contrary at that time, have the supplemental annuity re-
duced by 10 percent to provide a supplemental survivor annuity for
his or her spouse. Such supplemental survivor annuity shall be
equal to 55 percent .of the supplemental annuity of the annuitant '
ana shall be_ payable to a surviving spouse to whom the annuitant
was married at the time of reversion to retired status or whom the
annuitant subsequently married.
(2) The Secretary of State shall issue regulations to provide for
the application. of paragraph (1) of this. subsection and of section
823 in any case in which an annuitant has a former spouse who
was married to the participant at any time during a period of
recall service and who qualifies for an annuity under section 814(b).
(j) An annuity which is reduced under this section or any similar
prior provision of law to provide a survivor benefit for a spouse
shall. if the marriage of the participant to such spouse is dissolved,
be recomputed and paid for each full month during which an annu-
itant is not married (or is remarried if there is no election in effect
under the following sentence) . as if the annuity had not been so re-
duced, subject to any reduction required to provide a survivor bene-
fit under section 814 (b) or (c). Upon remarriage the retired partici-
pant may irrevocably elect, by means of a signed writing received
the Secretary within one year after such remarriage, to receive
during such marriage a reduction in annuity for the purpose of al-
lowtr" an annuity for the new spouse of the annuitant in the event
such apoi.ae survives the annuitant. Such reduction shall be equal
to the reduction in effect immediately before the dissolution of the
previous marriage (unless such reduction is adjusted under section
3FAM010
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Famige Atfalrs :must
314(bX5)), and shall be effective the fast day of the first month be-
one year after the date of remarriage. A survivor annuity
elected under this subsection shall be treated in all respects as a
survivor annuity under subsection (b).
(k) The Secretary of State shall, on an annual basis-
(1) inform each participant of his or her right of election
under subsections cg) and (j); and
(2) to the maximum extent practicable, inform spouses or
former spouses of participants or former participants of :heir
rights under this section and section 814.
(1X1) The monthly rate of an annuity payable under this chapter
to an annuitant, other than a child, shall not be less than the
smallest primary insurance amount, including any cost-of-living in-
crease added to that amount, authorized to be paid from time to
time under title II of the Social Security Act (42 U.S.C. 401 et seq.).
(2) The monthly rate of an annuity payable under this chapter to
a surviving child shall not be less than the smallest primary insur-
ance amount, including any cost-6f-living increase added to that
amount, authorized to be paid from time to time under title II of
the Social Security Act (42 U.S.C. 401 et seq.) or three times such
primary insurance amount divided by the number of surviving chil-
dren entitled to an annuity, whichever is the lesser.
(3) This subsection does not apply to an annuitant or to a survi-
vor who is or becomes entitled to receive from the United States an
annuity or retired pay under any other civilian or military retire-
ment system, benefits under title U of the Social Security Act (42
U.S.C. 401 et seq.), a pension, veterans' compensation, or any other
periodic payment of a similar nature when the monthly rate there-
of is equal to or greater than the smallest primary insurance
amount, including any cost-of-living increase added to that amount,
authorized to be paid from time to time under title II of the Social
Security Act (42 U.S.C. 401 et seq.).
(4) This subsection shall not apply to the extent provided in sec-
tion 814(d).
Sec. 807.61 Payment of Annuity.
(a) " (1) Except as otherwise provided in paragraph (2), the annu-
ity of a participant who has met the eligibility requirements for an
annuity shall commence on the first day of the month after-
(A) separation from the Service occurs; or
(B) pay ceases and the service and age requirements for enti-
tlement to annuity are met.
(2) The annuity of-
(A) a participant who is retired and. is eligible for benefits
under section 609(a) or a participant who is retired under sec-
tion 813 or is otherwise involuntarily separated from the Serf-
ice, except by removal for cause on charges of misconduct or
delinquency,
(B) a participant retiring under section 808 due to a disabil-
ity, and
22 U.&G 1047.
"SK 3(ej of Ez.cutiw OriM 12446 (Oct 17. 1983: 48 F.R. 48443) amended sad reeaatsd
robe. (a!. This amendment became effeettre an Nov. 16. 1983.
TL:PER-19
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a participant wno serves . days or less in the month of
shall commence an the day after separation from the Service or the
ity day are aftar p met. ' ceases and the requirements for entitlement to annu-
(b) The annuity to a survivor shall become effective as otherwise
specified but shall not be paid until the survivor submits an appli-
cation for such annuity, supported by such proof of eligibility as
the Secretary of State may require. If such application or proof of
eligibility is not submitted during the lifetime of an otherwise eligi-
ble individual, no annuity shall be due or payable
estate. to his or her
(c) An individual entitled to annuity from the Fund may decline
to accept all or any part of the annuity b submi
waiver to the Secretary of State. The waiver may be g~ signed
writing at any time. Payment of the annuity waiver may not be
made for the period during which the waiver was in effect.
(d) Rec overt' of overpayments--under this chapter may not be
made from an individual when, in the judgment of the Secretary of
State, the individual is without fault and recovery would be against
equity and good conscience or administratively infeasible.
See. 808. Retirement for Disability or Incapacity.-{a) Any par-
ticipant who has at least 5 years of service credit toward retire.
meat under the System (excluding military and naval service) and
who becomes totally disabled or incapacitated for useful and erTi-
cient service by reason of disease, illness, or
ciaus habits. intemperance. injury (not due to vi)
shall upon his or her own or willful conduct of the participant)
application or upon order of. the Secre-
tary, be retired on an annuity computed as prescribed in section
806. If the disabled or incapacitated participant has less than 20
years of service credit toward retirement under the System at the
time of retirement, his or her annuity shall be computed on the as.
sumption that the participant has had 20 years of service, except
that the additional service credit that may accrue to a participant
under this sentence shall in no case exceed the difference between
his or her age at the time of retirement and age 65. However, if a
participant retiring under this section is receiving retired
retainer pay for military service (except that specified in Sep or
cti n
8332(c) (1) or (2) of title 5 of the United States Code) or Veterans'
Administration pension or compensation in lieu of such retired or
retainer pay, the annuity of that participant shall be computed
under this chanter excluding extra credit authorized by this subeec-
tion and excluding credit for military services from that computa-
tion. If the amount of the annuity so computed, plus the retired or
retainer pay which is received, or which would be received but for
the application of the limitation in Section 5532 of title 5 of the
United States Code, or the Veterans' Administration
compensation* in lieu of such retired pay or retainer papension or
y, is lees
than the annuity that would be payable under this
chapter
absence of the previous sentence, an amount in the
differ-
ence shall be added to the annuity computed under thto the is chap 22 U.S.C 4048.
"The finw two ee atrium of eube ectjm i u of ? e. 8r9 wen added by sex- 2 of Eimmudw, Order
.39. Fab 14, 1981. 46 F.R. 12698.
3 FAM 010
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Foreign Attairs A must,
b) Before being retired under this section, the participant shall
be given a physical examination by one or more duly qualified phy-
sicians or surgeons designated by the Secretary of State to conduct
examinations. Disability or incapacity shall be determined by the
Secretary of State on the basis of the advice of such physicians or
surgeons. Unless the disability or incapacity is permanent, like ex-
aminations shall be made annually until the annuitant has at-
tained age 65. If the Secretary of State determines on the basis of
the advice of one or more duly qualified physicians or surgeons
conducting .3uch examinations that an annuitant has recovered to
the extent that he or she can return to duty, the annuitant may
apply for reinstatement or reappointment in the Service within 1
year from the date recovery is determined. Upon application, the
Secretary shall reinstate such recovered annuitant in the class in
which the annuitant was serving at time of retirement, or the Sec-
retary may, taking into consideration the age, qualifications, and
experience of such annuitant, and the present class of his or her
contemporaries in the Service, appoint or recommend that the
President appoint the annuitant to a higher class. Payment of the
annuity shall continue until a date of 6 months after the date of
the examination showing recovery or until the date of reinstate-
ment or reappointment in the Service, whichever is earlier. Fees
for examinations unaer this section, together with reasonable trav-
eling and other expenses incurred in order to submit to examina-
tion, shall be paid out of the Fund. If the annuitant fails to submit
to examination as required under this subsection, payment of the
annuity shall be suspended until continuance of the disability or
incapacity is satisfactorily established.
(c) If a recovered annuitant whose annuity is discontinued is for
any reason not reinstated or reappointed in the Service, he or she
shall be considered to have peen separated within the meaning of
section 810 as of the date of retirement for disability or incapacity
and shall, after the discontinuance of the annuity, be entitled to
the benefits of that section or of section 815, except that he or she
may elect voluntary retirement if eligible under section 811.
(d) No participant shall be entitled to receive an annuity under
this Act and compensation for injury or disability to himself or her-
self under subchapter I of chapter 81 of title 5, United States Code,
covering the same period of time, except that a participant may si-
multaneously receive both an annuity under this section and.sched-
uled disability payments under section 8107 of title 5. United
States Code. This subsection shall not bar the right of any claimant
to the greater benefit conferred by either this Act or such sub-
chapter for any part of the. same period of time. Neither this sub-
section nor any provision of such subchapter shall be construed to
deny the right of. any participant to receive an annuity under this
Act and to receive concurrently any payment under such sub-
chapter by reason of the death of any other individual.
(e) Notwithstanding any other law, the right of any individual
entitled to an annuity under this Act shall not be affected because
such person has received an award of compensation in a lump sum
under section 8135 of title 5, United States Code, except that where
such annuity is payable on account of the same disability for which
compensation under such section has been paid, so much of such
O
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compensation as has been paid for any period extended beyond the
date such annuity becomes effective. -as determined by the Secre-
tary of Labor, shall be refunded to the Department of Labor, to be
paid into the Federal Employees' Compensation Fund. Before such
individual receives such annuity, he or she shall-
(1) refund to the Department of Labor the amount represent.
ing such commuted payments. for such extended period, or
(2) authorize the deduction of such amount from the annuity
payable under this ' Act, which amount shall be transmitted to
the Department of Labor for reimbursement to such Fund. -
Deductions from such annuity may.be made from accrued and ac-
cruing payments, or may be prorated against and paid from accru-
ing payments in such manner as the Secretary of Labor shall de-
termine, whenever the Secretary of Labor finds that the financial
circumstances of the annuitant warrant deferred refunding.
(f) A claim may be allowed under this section only if the applica-
tion is filed with the Secretary of State before the participant is
separated from the Service or within one year thereafter. This time
limitation may be waived by the Secretary of State for a partici-
pant who at the date of separation from the Service or within one
year thereafter is mentally incompetent, if the application is filed
with the Secretary of State within one year from the date of resto-
ration of the participant to competency or the appointment of a. Li-
duciary, whichever is earlier.
Sec. 809." Death in Service.-(a) If a participant dies and no
claim for annuity is payable under this Act, the lump-sum credit
shall be paid in accordance with section 815.
(b) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement
or other separation from the Service and is survived by a spouse or
former spouse qualifying for an annuity under section 814(b), such
surviving spouse shall be entitled to an annuity equal to .55 percent
of the annuity computed in accordance with subsections (e) and (g)
of this section and section 806(a) and any surviving former spouse
shall be entitled to an annuity under section 814(b) as if the partici-
pant died after being entitled to an annuity under this chapter. If
the participant had less than 3 years creditable civilian service at
the time of death, the survivor annuity shall be computed on the
basis of the average salary for the entire period of such service.
(c) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement
or other separation from the Service and is survived by a spouse
and a child or children, each surviving child shall be entitled to an
annuity computed in accordance with subsections (cX1) and (d) of
section 806.
(d) If a participant who has at least 18 months of civilian service
credit toward retirement under the System dies before retirement
or other separation from the Service and is not survived by a
spouse, but by a child or children, each surviving child shall be en-
titled to an annuity computed in accordance with subsections (cX2)
and (d) of section 806.
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(e) If, at the time of his or her death, the participant had less
than 20 years of service credit toward retirement under the
System, the annuity payable in accordance with subsection (b) shall
be computed in accordance with section 806 on the assumption he
or she has had 20 years of service, except that the additional serv-
ice credit that may accrue to a deceased participant under this sub-
section shall in no case exceed the difference between his or her
age. on the date of death and age 65. In all cases arising under this
subsection or subsection (b). (c), (d), or (g), it shall be assumed that
the deceased participant was qualified for retirement on the date of
death.
(f) If an annuitant entitled to a reduced annuity dies in service
after being recalled under section 308 and is survived by a spouse
or former spouse entitled to a survivor annuity based on the serv-
ice of such annuitant. such survivor annuity shall be computed as
if the recall service had otherwise terminated on the day of death
and the annuity of the deceased had been resumed in accordance
with section 823. If such death occurs after the annuitant had com-
pleted sufficient recall service to attain eligibility for a supplemen-
tal annuity, a surviving spouse or surviving former spouse who was
married to the participant at any time during a period of recall
Service shall be entitled to elect. in addition to any other benefits
and in lieu of a refund of retirement contributions made during the
recall service, a suppiemental survivor annuity computed and paid
under section 806(i) as if the recall service had otherwise terminat-
ed. If the annuitant had completed sufficient recall service to
attain eligibility to have his or her annuity determined anew, a
surviving spouse or such a surviving former spouse may elect, in
lieu of any other survivor benefit under this chapter, to nave the
rights of the annuitant redetermined and to receive a survivor an-
nUity computed under suosection (b) on, the basis of the total serv-
ice of the annuitant.
(g) Notwithstanding subsection (b), if the participant or former
participant had a former spouse qualifying for an annuity under
section 814(b), the annuity of the spouse under this section shall be
subject to the limitation of section 806(bX3XB).
(h) Annuities that become payable under this section shall com-
mence, terminate, and be resumed in accordance with subsection
(bK4), (e), or (h) of section 806, as appropriate.
Sec. 810.' Discontinued Service Retirement.-Any participant
who voluntarily separates from the Service after obtaining at least
5 years of service credit toward retirement under the System (ex-
cluding military and naval service) may upon separation from the
Service or at any time prior to becoming eligible for an annuity
elect to have his or her contributions to the Fund returned in ac-
cordance with section 315, or to leave his or her contributions in
the Fund and receive an annuity, computed under section 806,
commencing at age 60.
Sec. 811." Voluntary Retirement.-Any participant who is at
least 50 years of age and has 20 years of creditable service. includ-
-'2 U.S.C. 4050.
"= U.S.C. 4051.
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=are.+igi ,lttalrs ~atwaf
ing at least 5 years of service credit toward retirement under the
System (exciuding military and naval service), may on his or her
from application
the Service and recev a retirement bens fits inacbe retired
cord,ance
with section 806.
Sec. 812." Mandatory Retirement.-(a) Except as provided in
subsection (b). any participant shall be retired from the Service at
the end of the month in which the participant has reached age 65
and has at least 5 years of service credit toward retirement under
the System (excluding military and naval service), and shall receive
retirement benefits in accordance with section 306.
(bXl) Any Participant who is otherwise required to retire under
subsection (a) while occupying a position to which he or she was
appointed by the President. by and with the advice and consent of
the Senate, may continue to serve until that appointment is termi-
nated.
(2) Whenever the Secretary determines it to be in the public in-
terest, any participant who is otherwise required to retire under
subsection (a) may be retained on active service for a period not to
exceed 5 years.
(3) Any participant who completed a period of service authorized
by this subsection shall be retired at the end of the month in which
such authorized service is completed
Sec. 313.1? Retirement of Former Presidential Appointees.-If a
participant completes an assignment under section 302(b) in a posi-
tion to which he or she was appointed by the President and has not
been reassigned within 3 months after the termination of such as-
signment (plus any period of authorized leave), the participant
shall be retired from the Service and receive retirement benefits in
accordance with section 806.
Sec. 314." Former Spouses.----(01) Unless otherwise expressly
provided by any spousal agreement or court order under section
820(bX1), a former spouse of a participant or former participant is
entitled to an annuity-
(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or ty
(B) if not married to the participant throughout such credi-
ble service, equal to that former spouse's pro rata share of 50
percent of such annuity.
(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of the annuity the
former spouse remarries before becoming 60 years of age.
(3) The annuity of a former spouse under this subsection com-
mences on the later of the day the participant upon whose service
the annuity is based becomes entitled to an annuity under this
chanter on the first day of the month in which the divorce or an-
nulment involved becomes final The annuity of such former spouse
and the right thereto terminate on-
" 22 4052. See. 2403(dXl) of this act ep.etfiad that - 812 would be efteeti.e an the
dad of euaetm.ot of the Wt (Oct. 17. 1980).
2 U.S.C 4053.
22 U.S.C 4050.
3 FAM 010
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(A) the last day of the month before the former spouse dies
or remarries before 60 years of age; or
(B) the date the annuity of the participant terminates
(except in the case of an annuity subject to paragraph (5)(B)).
(4) No spousal agreement or court order under section 820(b)(1)
involving any participant may provide for an annuity or any com-
bination of annuities under this subsection which exceeds the an-
nuity of the participant, nor may any such court order relating to
an annuity under this subsection be given effect if it is issued more
than 12 months after the date the divorce or annulment involved
becomes final.
(5XA) The annuity payable to any participant shall be reduced by
the amount of an annuity under this subsection paid to any former
spouse based upon the service of that participant. Such reduction
shall be disregarded in calculating the survivor annuity for any
spouse, former spouse, or other survivor under this chapter, and in
calculating any reduction in the annuity of the participant to pro-
vide survivor benefits under subsection (b) or section 806(bX3).
(B) If any annuitant whose annuity is reduced under subpara
graph (A) is recalled to service under section 308, or reinstated or
reappointed in the Service in the case of a recovered disability an-
nuitant or if any annuitant is reemployed as provided for under
section 824, the salary of that annuitant shall be reduced by the
same amount as the annuity would have been reduced if it had
continued. Amounts equal to the reductions under this subpara-
graph shall be deposited in the Treasury. of the United States to
the credit of the Fund.
(6) Notwithstanding paragraph (3), 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 chapter (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 partici-
pant would otherwise so qualify.
(7) An annuity under this subsection shall be treated the same as
a survivor annuity under subsection (b) for purposes of section
806(h) or any comparable provision of law.
(bXl) Subject to any election under section 806(bX1XC) and unless
otherwise expressly provided by any spousal agreement or court
order under section 820(bXl), if a former participant who is entitled
to receive an annuity is survived by a former spouse, the former
spouse shall be entitled to a survivor annuity-
(A) if married to the participant throughout the creditable
service of the participant. equal to 55 percent of the full
amount of the participant's annuity, as computed- under sec-
tion 806(a); or
(B) if not married to the participant throughout such credit-
able service, equal to that former spouse's pro rata share of 55
percent of the full amount of such annuity.
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L LI
Foreign attain :tsnual
332
(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
(3) An annuity payable from the Fund to a surviving former
spouse under this subsection shall commence on the day after the
annuitant dies and shall terminate on the last day of the month
before the former spouse's death or remarriage before attaining
age 60. if such a survivor annuity is terminated because of remar-
iage, it shall be restored at the same rate commencing on the date
such remarriage is terminated if any lump sum paid upon termina.
tion of the annuity is returned to the Fund.
(4XA) The maximum survivor annuity or -combination of survivor
annuities under this section (and section 806(bX3)) with respect to
any Participant or former participant may not exceed 55 percent of
the full amount of the participant's annuity, as calculated under
section 806(a).
(B) Once a survivor annuity has been provided for under this
subsection for any former spouse, a survivor annuity may there-
after be provided for under this subsection (or section -806(b)(3))
with respect to a participant or former participant only for that
portion (if any) of the maximum available which is not committed
for survivor benefits for any former spouse whose prospective right
to such annuity has not terminated by reason of death or remar-
riage.
(C) After the death of a participant or former participant, a court
order under section 820(b*1) may not adjust the amount of the an-
nuity of any former spouse under this section.
(5)(A) For each full month after a former spouse of a participant
or former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to. provide a survivor annuity
for that former spouse, shall be recomputed and paid as if the an-
nuity had not been so reduced, unless an election is in effect under
subparagraph (B).
(B) Subject to paragraph (4)(B), the participant may elect in writ-
ing within one year after receipt of notice of the death or remar-
riage of the former spouse to continue the reduction in order to
provide a higher survivor annuity under section 806(bX3) for any
spouse of the participant.
(cXl) In the case of any participant or former participant provid-
ing a survivor annuity benefit under subsection (b) for a former
spouse-
(A) such participant may elect, or
(B) a spousal agreement or court order under section
820(bXl) may provide for,
an additional survivor* annuity under this subsection for any other
former spouse or spouse surviving the participant, if the partici-
pant satisfactorily passes a physical e== tion as prescribed by
the Secretary of State.
(2) Neither the total amount of survivor annuity or annuities
under "his subsection with respect to any participant or former
participant, nor the survivor annuity or annuities for any one sur-
viving spouse or former spouse of such participant under this sec-
tion and section 806, shall exceed 55 percent of the full amount of
the participant's annuity, as computed under section 806(a).
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(3XA) In accordance with regulations which the Secretary of
State shall prescribe, the participant involved may provide for any
annuity under this subsection-
(s) by a reduction in the annuity or an allotment from the
salary of the participant,
(ii) by a lump sum. payment or installment payments to the
Fund, or
(iii) by any combination thereof.
(B) The present value of the total amount to accrue to the Fund
under subparagraph (.A) to provide any annuity under this subsec-
tion shall be actuarially equivalent in value to such annuity, as cal-
culated upon such tables of mortality as may from time to time be
prescribed for this purpose by the Secretary of State.
(C) If a former spouse predeceases the participant or remarries
before attaining age 60 or, in the case of a spouse, the spouse does
not qualify as a former spouse upon dissolution of the marriager-
(i) if an annuity reduction or salary allotment under subpar-
agraph (A) is in effect for that spouse or former spouse, the
annuity shall be recomputed and paid as if it had not been re-
duced or the salary allotment terminated, as the case may be,
and
(ii) any amount accruing to the Fund under subparagraph
(A) shall be refunded, but only to the extent that- such. amount
may have exceeded the actuarial cost of providing benefits
under this subsection for the period such benefits were pro-
vicied, as determined under regulations prescribed by the Sec-
retary of State...
(D) Under regulations oresc^bed by the Secretary of State, an
annuity shall be recomputed (or salary allotment terminated or ad-
justed), and a refund provided (if appropriate), in a manner compa-
rable to that provided under subparagraph (C), in order to reflect a
termination or reduction of future benefits under this subsection
for a spouse in the event a former spouse of the participant dies or
remarries before attaining age 60 and an increased annuity is pro-
vided for that spouse in accordance with this chapter.
(4) An annuity payable under this subsection to a spouse or
former spouse shall commence on the day after the participant dies
and shall terminate on the last day of the month before the former
spouse's death or remarriage before attaining age 60.
(5) Section 826 shall not apply to any annuity under this subsec-
tion, unless authorized under regulations prescribed by the Secre-
tary of State.
(d) Section 806(1) shall not apply-
(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason
of a spousal agreement or court order under section 820(b X 1),
or an election under section 806(bX1XB), from the amount
which would be calculated under subsection (a)(i) or (bX1), as
the case may be, in the absence of such spousal agreement,
court order, or election; and
(2) to any annuity payable under subsection (c).
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=orsign Attafrs Aaeuei
Sec. :315." Lumo-Sum ?avments.- a) Whenever a oarticiaaat
becomes separated from the Service without becoming eligible for
an annuity or a deferred annuity under this chapter, a lump sum
credit shall be paid to the participant (and to any former spouse of
the participant, in accordance with subsection (i)).
(b) Whenever an annuitant becomes separated from the Service
following a period of recall service without becoming eligible for a
supplemental or recomputed annuity under section 423, the com-
pulsory contributions of the annuitant to the Fund for such service,
together with any special contributions the annuitant may have
made for other service performed after the date of separation from
the Service which forms the basis for annuity, shall be returned to
the annuitant (and any former spouse of the annuitant who was
married to the participant during the period of recall service, in ac-
cordance with subsection (i)).
(c) If all annuity rights under this chapter based on the service of
a deceased participant or annuitant terminate before the total an-
nuity paid equals the lump-sum credit to which the participant or
annuitant is entitled, the difference shall be paid in accordance
with subsection M.
(d) If a oarticipant or former participant dies and is not survived
by an individual eligible for an annuity under this chapter or by
such an individual or individuals all of whose annuity rights termi-
nate before . a claim for survivor annuity is .filed, the iumo-sum
credit co which the participant or annuitant is entitled shall be
paid in accordance with subsection (f).
(e) If an annuitant who was a former participant dies. any annu-
ity accrued and unpaid shall be paid in accordance with subsection
(f) Payments under subsections (c) through (e) shall be paid in the
following order of precedence to individuals surviving the partici-
pant and alive on the date entitlement to the payment arises, upon
the establishment of a valid claim therefor, and such payment
shall be a bar to recovery by any other person:
(1) To the beneficiary or beneficiaries last designated by the
participant before or after retirement in a signed and wit-
nessed writing filed with the Secretary of State prior to the
death of the participant, for which purpose a designation,
change, or cancellation of beneficiary in a will or other docu-
ment which is not so executed and filed shall have no force or
effect
(2) If there is no such beneficiary, to the surviving wife or
husband of the participant.
(3) If none of the above, to the child (without regard to the
definition in section 804(2)) or children of the participant (iri
ciuding adopted and natural children but not stepchildren) and
descendants of deceased children by representation.
(4) If none of the above, to the parents of the participants or
the survivor of them.
5) if, none of the above, to the duly appointed executor or
administrator of the estate of t s participant.
O
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(6) If none of the above. td such other next. of kin of the par-
ticipant as may be determined. in the judgment of the Secre-
tary of State to be legally entitled to such payment, except
that no payment shall be made under this paragraph until
after the expiration of 30 days after the death of the partici-
pant or annuitant. .
(g) Annuity accrued and unpaid on the death of a survivor annu-
itant shall be paid in the following order of precedence, and the
payment bass recovery by any other person:
(1) To the duly appointed executor or administrator of the
estate of the survivor annuitant.
(2) If there is no such executor or administrator, to such
person as may be determined by the Secretary of State (after
the expiration of 30 days from the date of death of. the survivor
annuitant) to be entitled under the laws of the domicile of the
survivor annuitant at the time of death.
(h)" Amounts deducted and withheld from basic salary of a par-
ticipant under section 805 from the beginning of the first pay
period after the participant has completed 35 years of service com-
puted under section 816 (excluding service credit for unused sick
leave under section 316(b)), together with interest on the amounts
at the rate of 3 percent a year compounded annually from the date
of the deduction to the date of retirement or death, shall be applied
toward any special contribution due under section 805(d), and any
balance not so required shall be -refunded in a lump sum to the
participant after separation or, in the event of a death in service,
to a beneficiary in the order of precedence specified in subsection
(f).
(i) Unless otherwise expressly provided by any spousal agreement
or court order under section 320(b)(1), the amount of a participant's
or former participant's iump-sum credit payable to a former spouse
of that participant shall be-
(1) if the former spouse was married to the participant
throughout the period of creditable service of the participant,
50 percent of the lump-sum credit to which such participant
would be entitled in the absence of this subsection, or
(2) if such former spouse was not married to the participant
throughout such creditable service, an amount equal to such
former spouse's pro rata share of 50 percent of such lump-sum
The lump-sum credit of the participant shall be reduced by the
amount of the lump-sum credit payable to the former spouse.
?See. 1 of P-.- tiw Order 12446 (Oct 17, 1983: 48 IM 48448) pro-Wes tin
"Section &uowuv
I. lnrervt Raul Oepmua. Refund and Radeponta (a) The a~oood smt4am of See
don 805(dX3) of the Act (22 US.C. 4046(dX3)), the riirn aentaon of Saeoon 815(h) (22 US.C
4055(h)). and the fin asntaao of Seetiao 8250 (22 U.S.C 4065(a)). an deemed to be amended to
that interact ideal be coapouooad as the annual rata of 3 paeesnt per smum through
31. 1984. and thneatter at a rata equal to the overate awrW yield to the p um
during the preceding fiscal year from all obdiga ace. purchased by the Secetary of the Traaensy
due such fiemi year under seeoon 619. se determined by the Sn:etary of the Trewry.
`(c) The amendments deemed to be made by ssctioa 1 of this Order shall apply (i) to oontsibu.
tie. for rnilian aernm_ performed on or after the first day of the month followaog issuance of
than Order. (ii) to aonuabuuours for prior remade to psrtidpsno for which applaotion is reedved
by the emplgang agency on and after such fuse day ou the month. and (iii) to eeosm wotribo.
tna? under section 815th) and voluntary contrtbutioas under section 825(a) from the fuse day of
the month folowaag aawtaoea of this Order."
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ionsica Aftaim Amur _)
Sec. 316." Creditable Service._ a) w (Des Except as otherwise
specified by law, all periods of civilian and military and naval serv-
ice, and all other periods through the date of final separation of a
participant from the Service that the Secretary of State determines
would be creditable toward retirement under the Civil Service re-
tirement and Disability System (as determined in accordance with
section 8332 of title 5,' United States Code), shall be creditable for
Purposes of this chapter. Conversely. any such service performed
after December 31, 1976, that would not be creditable under speci.
fied conditions under section 8332 of title 5, United States Code,
shall be excluded under this chapter under the same conditions.
(2) 98 The service of an individual who first becomes a participant
on or after the date of this Order without any credit under section
816 for civilian service performed prior to October 1, 1982, shall in-
clude credit for.
(A) each period of military or naval service performed before
January 1, 1957, and
(B) each period of military or naval service performed after
December 31, 1956, and before the separation on which the en-
titlement to annuity under this chapter is based, only if a de-
"= U.S.C. 4056.
"Sac 50t* Executive Omer 12446 (Oct 17. 1983: 48 F.R. 48443) provides the following:
"Sac 5..3aeomoutaaon at Age 61 of Gediz for Miluary Service of Current Annuuants ,a) Sec.
tion 816(x) of the Act (22 U.S.C. 4056(a)) is deemed to be further amended so that the provisions
of eaetion 8332(j) of Title 5 of the United States (Co& relating to credit for military service. shall
==7 with respect to any individual who u entitled to an annuity under such Act on or
aew of approval of this Order. or who to entitled to an annuity based on a separation
from service occurring on or before such date.
"b) Subject to subsection its. in any came to which an individual described in subsection (a) to
also enutlee to aid-age or survivor inaurgnce benefits under section 202 of the Social Security
Act (or would be entitled to such bwnfits upon filing application therefor). the amount of the
annuity to which such ,adivrdud is entitled under chatter 8 of the Act (niter caking trite ac.
count subsection la)1 which is cavabie for any month shall be reduced by an amount determined
Sy musupiying the amount o. such old-age or survivor, insurance benefit for the determination
month by a fraction-
'11) the numerator of which is the total of the wages (within the meaning of section 209 of the
Social Security Act) for service referred to in section 210(1) of such Act (relating to service in the
uniformed eerviceel and demand additional wages (within the meaning of section 229 of such
Act) of such individual credited for year after 1956 and before the calendar year to which the
determination month oecuy, up to the contribution and benefit base determined under section
280 of the Social Security Act (or other applicable mammum annual amount referred to in sec-
tion 215(.81) of such Amu for each such year. and
"(2) the denominator of which to the total of all wages deemed additional wages described in
pee mph (1) of this subsection plus all other wags (within the meaning of section 209 of the
Social Security Art) and all self-employment income (within the moping of section 211(b) of
such Act) of such individual credited for year after 1936 and before'the calendar year is which
the determination month occur, up to the contribution and benefit bas for such other amount
referred to in such section 215(.)11) of such Act) for each such year.
"(c) Subsection (b) shall rice reduce the annuity of any individual below the amount of the
annuity which would bepayable under chapter 8 of the Act to the individual for the determina.
tion month if auction 8332(j) of Title 5 of the United Staten Code applied to the individual for
such month.
"(d) For purposes of this section. tlie'term (determination month) mss is-
" t1) the first month the individual described in subsection (a) is entitled to old-age or survivor,
wear anee benefits under section 202 of the Social Security Act for would be entitled to such
benefits upon tiling application thereforr, or
(2) the first day of the month following the month in which that order is issnd in the case of
any individual so entitled to such benefits for such month.
(e) The practicing provisions of this section shall take efect with feaperi to any annuity pay-
meet payable under chapter 8 of the Act for calendar months beginning after the date of this
Order.
"rfl The Secretary of Health and Human Services shall furnish such information to the Seas`
Cary of State of may be oeeemsry to out the ptec ding prov8443inces of this s ction."
"Sec 4(b) of Executive Order 12446 17, 1983: 48 FR 1) tae rthd the pin. dsigna.
two "(1)" and added a new pars. (2). (3). and (4). effective Oct IT. 1983.
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posit i with interest if any is required) is made with respect to
that period. as provided in section 805(e).
(3)'s The service of an individual who first became a participant
on or after the date of this Order with credit under section 816 for
civilian service performed prior to October 1982, shall include
credit for each period of military or naval service performed before
the date of the separation on which the entitlement to an annuity
under this chapter is based. ;subject, in the case of military or naval
service performed after December 1956, to section 816(j), as deemed
to be added by this Order.
(4)'s The service of an individual who first became a participant
before the date of this Order shall include credit for each period of
military or naval service. performed before the date of the separa-
tion on which the entitlement to an annuity under this chapter is
based, subject, in the case of military or naval service performed
after December 1976, to section 816(j), as deemed to be added by
this Order.
(b) In computing any annuity under this chapter, the total serv-
ice of a participant who retires on an immediate annuity or who
dies leaving a survivor or survivors entitled to annuity includes
(without regard to the 35-year limitation imposed by section 806(a))
the days of unused sick leave to the credit of the participant.
except that these days snail not be counted in determining average
basic salary or annuity eligibility under this chapter. A contribu-
tion to the Fund shall not be required from a participant for this
service credit.
(cXl) A participant who enters on approved leave without pay to
serve as a full-time officer or employee of an organization com-
posed Primly of Government employees may, within 60 days
after entering on that leave without pay, file with the employing
agency an election to receive full retirement credit for such periods
of leave without pay and arrange to pay concurrently into the
Fund through the employing agency, amounts equal to the retire..
ment deductions and agency contributions on the Foreign Service
salary rate that would be applicable if the participant were in a
Pay status. If the election and all payments provided by this sub?
section are not made for the periods of such leave without pay oc-
curring after November 7, 1976, the participant may not receive
any credit for such periods of leave without pay occurring after
such date.
(2) A participant may make a special contribution for any period
or periods of approved leave without pay while serving before No-
vember 7, 1976, as a full-time officer or employee of an organiza-
tion composed primarily of Government employees. Any such con-
tribution shall be based upon the suspended Foreign Service salary
rate and shall be computed in accordance with section 805. A par-
ticipant who makes such contributions shall be allowed full retire-
ment credit for the period or periods of leave without pay. If this
contribution is not made, up to 6 months' retirement credit shall
be allowed for such periods of leave without pay each calendar
year.
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:-vv. U. 'At is tF .arttrOI t
+d) 9s A particioant who ilas received a refund of retirement con-
tributions (wnicn has not been repaid) under this or any other re-
tirement system for Government employees covering service which
may be creditable may make a special contribution for such service
under section 805. Credit may not be allowed for service covered by
the refund unless the special contribution is made.
(e) No credit in annuity computation shall be allowed for any
period of civilian service for which a participant made retirement
contributions to another retirement system for Government em-
ployees unless-
(1) the right to any annuity under the other system which is
based on such service is waived, and
(2) a special contribution is made under section 805 covering
such service.
(f) A participant who during a period of war, or national emer-
gency proclaimed by the President or declared by the Congress,
leaves the Service to enter the military service is deemed, for the
purpose of this chapter, as not separated from the Service unless
the participant applies for and receives a.lump-sum payment under
section 815. However, the participant is deemed to be separated
from the Service after the expiration of 5 years of such military
service.
(gXl) An annuity or survivor annuity based on the service of a
participant of Japanese ancestry who would be eligible under sec-
tion 8332(l)? of tine 5, United States Code, for credit for civilian
service for periods of internment during World War II shall, upon
application to the Secretary of State, be recomputed to give credit
for that service. Any such recomputation of an annuity shall apply
with respect to months beginning more than 30 days after the date
on which application for such recomputation is received by the Sec-
retary of State.
(2) The Secretary of State shall cake such action as may be neces-
sary and appropriate to inform individuals entitled to have any
service credited or annuity recomputed under this subsection of
their entitlement to such credit or recomputation.
(3) The Secretary of State shall, on request, assist any individual
referred to in paragraph (1) in obtaining from any agency or other
Government establishment information necessary to verify the en-
titlement of the individual to have any service credited or any an-
nuity recomputed under this subsection.
(4) Any agency or other Government establishment shall, upon
request, furnish to the Secretary of State any information it poe-
"Sat 1 of Exaeu ve order 12446 (Oct. 17. 1985: 48 F.R. 48443) providm the following
? Serct9aa 1. !,mere Rase Depo sa. Rejuada and Redepoatz (al
?(b) Saetiooe 806(-1 and 816(d) of the Act (22 U.S.C. 4046(x1 and 4056(d)) are deemed to be
amended to eadude from the computation of creditable ovilian service under aeedsr ?816(a1 of
the Act any period of dvi)ian ewvtos for which rearm ont dednedwn ar caatrtbubaoe have not
been made under sectaao do6(d) of the Act uaiew-
?11) the partzmant maker a conatbudan for each period an prended in - seCcm Sob(d) or
"rD an eoatributioa is required for such aervroe ae provided under aaettan 806(() of the Act as
deemed to be amended by this order. or under any other statute.
-(c) The amGINdmaats seemed to be made by cotton 1 of this Omer shall apply (i) to onnu u.
tines for civilian aevveoe performed on or sitar the rust day of the month following ia.uanoe of
this Order. (ill to cantnbutiaae for prior refunds to perueipaata for which application is reonved
by the employtnq'agency on and alter such first day of the montk and (iii) to earner oontrtbu?
boas under section 815(h) and voluntary ccntnbutaons under section 825(-1 from the first day of
the month following iaeuano of this Order...
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Forsigo Atfa1rs Ammd
sesses with respect to the internment or other detention, as de-
scribed in section 8332(1) of title 5, United States Code, of any par-
ticipant.
J h) A participant who, while on approved leave without pay,
serves as a full-time paid employee of a Member or office of the
Congress shall continue to make contributions to the Fund based
upon the Foreign Service salary rate that would be in effect if the
participant -were in a pay status. The participant's employing office
in the Congress shall make a matching contribution (from the ap-.
propriation or fund which is used for payment of the salary of the
participant) to the Treasury of the United States to the credit of
the Fund. All periods of service for which full contributions to the
Fund are made under this subsection shall be counted as creditable
service for purposes of this chapter and shall not, unless-all retire-
ment credit is transferred, be counted as creditable service under
any other Government retirement system.
(iXl) Service of a participant shall be considered creditable serv-
ice for purposes of applying provisions of this chapter relating to
former spouses if such service would be creditable-
(A) under subsection (c) (1) or (2) but for the fact an election
was not. made under subsection (cXl) or a special contribution
was not made under subsection (cX2), and
B) under subsection (d) but for the fact that a refund of con-
tributions has. not been repaid unless the former spouse re-
ceived under this chapter a portion of the lump sum (or a spou-
sal agreement or court order provided otherwise).
(2) A. former spouse shall not be considered as married to a par-
ticipant-
(A) for periods assumed to be creditable service under section
808(a) or section 809(e), or
(B) for any extra oeriod of creditable service provided under
section 817 for service of a participant at an unhealthful post
unless the former spouse resided with the participant at that
post during that period.
97 (1) Except as otherwise provided by - statute or Executive
Order, Section 8332(j) of Title 5, United States Code, relating to re-
determination of credit for military and naval service, shall be ap-
plied to annuities payable under this chapter. The Secretary of
State shall redetermine service, and may request and obtain infor-
mation from the Secretary of Health and Human Services, as the
Office of Personnel Management is directed or authorized to do in
Section 8332(j).
(2) Section 8332(j) of Title 5, United States Code, shall not apply
with respect to:
(A) the service of any individual who first became a partici-
pant on or after the date of this Order without any credit
under section 916 for civilian service performed prior to Octo.
ber 1982; or
(B) any military or naval service performed prior to 1957 by
an individual who first became a participant on or after the
date of this Order with credit under section 816 for civilian
?Sae. 4(c) of Fs-b- Ord.c 12466 (09L 17. 1983; 48 F.R. 48413) added aubae (j), eSeetiw
Oe . 17. 1983.
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11~ Foraigs Attairs at
service -performed prior to October 1982. or -any period of mili-
tary or. naval service performed after 1956 with respect to
which the participant has made a contribution (.vith interest if
any is required) under section 805(e); or
tC) any military or naval service performed prior to 1977 by
any individual who first became a participant before the date
of this Order or any period of military or naval service per-
formed after.1976 with respect to which the participant had
made a contribution (with interest if. any is required) under
section 805(e).
Sec. 317.16 Extra Credit for Service at Unhealthful Posts.-The
Secretary of State may from time to time establish a list of places
which by reason of climatic or other extreme conditions are to be
classed as unhealthful posts. Each year of duty at such poets, inclu-
sive of regular leaves of absence, shall be counted as one and a half
years in computing the length of the service of a participant for
the purpose of retirement, fractional months being considered as
full months in computing such service. No such extra credit for
service at such unhealthful posts shall be credited to any partici-
pant who is paid a differential under section 5925 or 5928 of title 5,
United States Code, for such service.
Sec. 318.16 Estimate of Appropriations Needed.-The Secretary
of the. Treasury shall prepare the estimates of the annual appropri-
ations required to be made to the Fund, and shall males actuarial
valuations of the System at intervals of not more than five years.
The Secretary of State may expend from money to the credit of the
Fund an amount not exceeding $5,000 per year for the incidental
expenses necessary in administering the provisions of this chapter,
including actuarial advice.
Sec. 819.1-- Investment of the Fund-The Secretary of the Treas-
ury shall invest from time to time in interest-bearing securities of
the United States such portions of the Fund. as in the judgment of
the Secretary of the Treasury may not be immediately required for
the payment of annuities, cash benefits, refunds, and allowances.
The income derived from such investments shall constitute a part
of the Fund.
Sec. 820.1132 Assignment and Attachment of Moneys.--(01) An
individual entitled to an annuity from the Fund may make allot-
ments or assignments of amounts from such annuity for such pur-
poses as the Secretary of State in his or her sole discretion consid-
ers appropriate.
(2) Notwithstanding section 3477 of the Revised Statutes of the
United States (31 U.S.C. 203) or any other law, a member of.the
Service who is entitled to receive benefits under section 609(5X1)
may assign to any person the. whole or any part of those benefits.
Any such assignment shall be on a form approved by the Secretary
of the Treasury and a copy of such assignment form shall be depos-
ited with the Secretary of the Treasury by the member executing
the assignment.
?. U.S.C. 105
?22 U.S.C. 4058.
?22 U.S.C. 4059.
"' 22 U.S.C. 4060.
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=swigs Affairs Ammmi
( ' bi(1XA) In the case of any participant or annuitant who ass a
former spouse who is covered by a court order or who is a party to
a spousal agreement-
(s) any right of the former spouse to any annuity under sec-
tion 814(a) in. connection with any retirement or disability an-
nuity of the participant. and the amount of any such annuity;
'(ii) any right of the former spouse to a survivor annuity
under section 814 (b) or (c), and the amount of any such annu-
ity; and
(iii) any right of the former spouse to any payment of a
lump-sum credit under section 815 (a) or ib);
shall be determined in accordance with that spousal agreement or
court order, if and to the extent expressly provided for in the terms
of that spousal agreement or court order.
(B) This paragraph shall not apply in the case of any spousal
agreement or court order which, as determined by the Secretary of
(i) would provide for a survivor annuity for a spouse or any
former spouse of a participant with respect to which there has
not been an annuity :eduction (or a salary reduction or pay-
ment under section 814(cX3)); or
(ii) is otherwise inconsistent with the reouirements of this
chapter.
(2) Except with respect co obligations between participants and
former spouses. payments under this chapter which would other-
wise be made to a participant or annuitant based upon his or her
service shall be paid (in whoie or in part) by the Secretary of State
to another individual to the extent expressly provided for in the
terms of any order or any court decree of legal separation. or the
terms of any court order or court-approved property settlement
agreement incident to any court decree of legal separation.
(3) Paragraphs (1) and (2) shall apply only to payments made
under this chapter for periods beginning after the date of receipt
by the Secretary of State of written notice of such decree, order. or
agreement, and such additional information and such documenta-
tion as the Secretary of State may require.
(4) Any payment under this subsection to an individual bars re-
covery by any other individual.
(5) The 10-year requirement of section 804(bK6), or any other pro-
vision of this chapter, shall not be construed to affect the rights
any spouse or individual formerly married to a participant or an-
nuitant may have, under any law or rule of law of any State or the
District of Columbia, with respect to an annuity of a participant or
annuitant under this chapter.
(c) None of the moneys mentioned in this chapter shall be assign-
able either in law or equity, except under subsection (a) or (b) of
this section, or subject to execution, levy, attachment. garnishment,
or other legal process, except as otherwise may be provided by Fed-
eral law.
Sec. 821.10$ Payments for Future Benefits.--(a) Any statute
which authorizes-
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rar.(gn Affairs ~Iswnal
(1) new or liberalized benefits payable from the Fund, includ-
ing annuity increases other than under section 825;
(2) extension of the benefits of the System to new groups of
employees; or
(3) increases in salary on which benefits are computed:
is deemed to authorize appropriations to the Fund to finance the
unfunded liability created by that statute, in 30 equal annual in-
stallments with. interest computed at the rate used in the then
most recent valuation of the System and with the first payment
thereof due as of the end of the fiscal year in which each new or
liberalized benefit, extension of benefits, or increase in salary is ef-
fective.
(b) There is authorized to be appropriated to the Fund for each
fiscal year an amount equal to the amount of the Foreign Service
normal cost for that year which is not met by contributions to the
Fund under section 805(a).
Sec. 822.101 Unfunded Liability Obligations.-(a) At the end of
each fiscal year, the Secretary of State shall notify the Secretary of
the Treasury of the amount equivalent to-
(1) interest on the unfunded liability computed for that year
at the interest rate used in the then most recent valuation of
.the System, and
(2) that portion of disbursement for annuities for that year
which the Secretary of State estimates is attributable to credit
allowed for military and naval service, less an amount deter-
mined by thed ;Secretary of State to be appropriate to reflect the
value of the eposits made to the credit. of the Fund. under sec-
tion 805(e).'?a
(b) Before closing the accounts for each fiscal year, the Secretary
of the Treasury shall credit such amounts to the Fund, as a Gov-
ernment contribution, out of any money in the Treasury of the
United States riot otherwise appropriated.
(c) Requests for appropriations to the Fund under section 821(b)
shall include reports to the Congress on the sums credited to the
Fund under this section.
Sec. 823.10' Annuity Adjustment for Recall Service.-(a) Any an-
nuitant recalled to duty in the Service under section 308(a) shall.
while so serving, be entitled in lieu of annuity to the full salary of
the class in which serving. During such service the recalled annu-
itant shall make contributions to the Fund in accordance with sec-
tion 805. On the day following termination of the recall service, the
former annuity shall be resumed, adjusted by any cost-of-living in-
creases under section 825 that became effective during the recall
period.
(b) if the recall service lasts less than one year, the contributions
of the annuitant to the Fund during recall service shall be refund-
ed in accordance with section 815. If the recall service lasts more
than one year, the annuitant may, in lieu of such refund, elect a
supplemental annuity computed under section 806 on the basis of
1" 22 U.S.C. 4062.
"-See. 4(d) of Executive Order 12446 (Oct. IT. 1983: 48 F.R. 48443) added tiie words to this
point bepaning with", law an amount determined - . -" This amandmant became effeetivo on
Oct 17, 1983.
'? 22 U.S.C. 4063.
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aeign Attain .. nusd
service credit and average salary earned during the recall period
irrespective of the number of years of service credit previously
earned. If the recall service continues for at least 5 years, the an-
nuitant may elect to have his or her annuity determined anew
under section 806 in lieu of any other benefits under this section.
Any annuitant who is recalled under section 308 may upon written
application count as recall service any prior service that is credit-
able under section 816 that was performed after the separation
upon which his or her annuity is based.
Sec. 824.1- Reemployment.-(a) Notwithstanding any other aw,
any member of the Service who has retired and is receiving an an-
nuity under this chapter, and who is reemployed in the Govern-
ment service in any part-time or full-time appointive position. shall
be entitled to receive the salary of the position in which he or she
is serving plus so much of the annuity payable under this chapter
which when combined with such salary does not exceed during any
calendar year the basic salary the member was entitled to receive
under this Act on the date of retirement from the Service. Any
such reemployed member of the Service who receives salary during
any calendar year in excess of the -A-'-um amount which he or
she may be entitled to receive under this subsection shall be enti-
tled to such salary in lieu of benefits under this chapter.
(b) When any such retired member of the Service is reemployed,
the employer shall send a notice of such reemployment to the Sec-
retary of State, together with all pertinent information relating to
such employment, and shall pay directly to such member the
salary of the position in which he or she is serving.
(c) In the event of any overpayment under this section, such
overpayment shall be recovered by withholding the amount in-
volved from the salary payable to such reemployed member of the
Service or from any other moneys, including annuity payments,
payable under this chapter.
Sec. 825.107 Voluntary Contributions.-4a) 10? The voluntary con-
tribution account shall be the sum of unrefunded amounts volun-
tarily contributed prior to the effective date of this Act by any par-
ticipant or former participant under any prior law authorizing
such contributions to the Fund, plus interest compounded at the
rate of 3 percent per year to the date of separation from the Serv-
ice or (in case of participant or former participant separated with
entitlement to a deferred annuity) to the date the voluntary contri-
'- = U.S.C. 4064.
M U.S.C. 4065.
Set 1 of Fxecuuve Order 12346 (Oct, 17. 1983; 48 F.? L 48443) prnvidee the faUowing
"Section 1. !merest Rata. Depoati Refunds, and RedepoeKa, (a- The second sentence of Sao
tion 405(dX3) of the Act 122 U.S.C. 4045(dX3)). the. Cunt sentence of Section 815(h) (22 U.S.C
4055(h)). and the tint aentenw of Section 825(a- (22 U.S.C, 4065(alk an deemed to be amended to
Provide that intenet shaU be amntwunoed at the annual rate of 3 percent per annum thtou
December 31. 1984. and thereafter at a rate equal to the owret) average yield to the Fund
dung the preceding fiscal year from ad obligetione puealfaeed by the Secretary of the Traeeury
dun such ti & year under section 819. as detarmraed by the secretary of the TIM... y.
1c) The amendments deemed to be made by section I of this Order shall apply (t) to oontribu.
UP= for civil ser, c. performed on or after the first day of the month foUowtng temance of this
Order. (il) to contributions for prior refunds to participants for which application u: tetetved by
the employing agency on and after such r vt day of the month, and (iii) to eseem c ontsibatione
under section 8151h) and voluntary contributions under section 825(x) from the fins day of the
month following rsuanw of this Order...
0
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bution account is claimed, the commencing date fixed for the de-
ferred annuity, or the date of death, hick ever is earlier. Effective
on the date the participant becomes eligible for an annuity or a de-
ferred annuity and at the election of the participant, his or her ac-
count shall be-
(1) returned in a lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for the par-
ticipant and to provide for a cash payment on his or her death
to a beneficiary whose name shall be notified in writing to the
Secretary of State by the participant; or
(4) used to purchase an additional life annuity for the par-
ticipant and a life annuity commencing on his or her death
payable to a beneficiary whose name shall be notified in writ.
ing to the Secretary of State by the participant, with a guaran-
teed return to the beneficiary or his or her legal representative
of an amount equal to the cash payment referred to in para-
graph (3).
(b) The benefits provided by subsection (a) (2), (3), or (4) shall be
actuarially equivalent in value to the payment provided for by sub-
section (aX1) and shall be calculated upon such tables of mortality
as' may be from time to time prescribed for this purpose by the Sec-
retary of the Treasury.
(c) A voluntary contribution account shall be paid in a lump sum
following receipt of an application therefor from a present or
former participant if application is filed prior to payment of any
additional annuity. If not sooner paid, the account shall be paid at
such time as the participant separates from the Service for any
reason without entitlement to an annuity or a deferred annuity or
at such time as a former participant dies or withdraws compulsory
contributions to the Fund. In case of death, the account shall be
paid in the order of precedence specified in section 815(0.
Sec. 826.1" Cost-of-Living Adjustments of Annuities.-(a) A cost-
of-living annuity increase shall become effective under this section
on the effective date of each such increase under section 8340(b) of
title 5, United States Code. Each such increase shall be applied to
each annuity payable from the Fund which has a commencing date
not later than the effective date of the increase.
(b) Each annuity increase under this section shall be identical to
the corresponding percentage increase under section 8340(b) of title
5, United States Code.
(c) Eligibility for an annuity increase under this section shall be
governed by the commencing date of each annuity payable from
the Fund as of the effective date of an increase except as follows:
(1) The first increase (if any) made under this section to an
annuity which is payable from the Fund to a participant or to
the surviving spouse of a deceased participant who dies in serv-
ice shall be equal to the product (adjusted to the nearest %o of
1 percent) of-
(a) cis of the applicable percent ch ..nge determined under
Subsection (b) of this Section, multiplied by
~22 U.S.C. 4068. Tb. ti:sc ..et.ee. a( oubmectiae (c%1) of sc. 826 wWe demand to be sa mdod
Wed raWtated by e-e. 1 of Es cutaw Order 17189, Feb. 14. 1981. 46 F.E. 12685.
3 FAM010
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(b) the number of full months for which the annuity was
payable from the Fund before the effective date of the in-
crease (counting any portion of a month as a full month).
In the administration of this paragraph, the number of days of
unused sick leave to the credit of a participant or deceased par-
ticipant on the effective date of the then last preceding general
annuity increase under this section shall be deemed to be
equal to the number of days of unused sick leave to his or her
credit on the day of separation from the Service.
(2) Effective from its commencing date, an annuity payabie
from the Fund to the survivor of an annuitant, except a child
entitled to an annuity under section 806(c) or 809 (c) or (d).
shall be increased by the total percentage increase the annu-
itant was receiving under this section at death.
(3) . For purposes of computing or recomputing an annuity to
a child under section 806 (c) or (d) or 809 (c) or (d), the items
$900, $1,080, $2,700, and $3,240 appearing in section 806(c)
shall be increased by the total percentage increases by which
correspondence amounts are being increased under section
8340 of title 3, United States Code, on the date the annuity of
the child becomes effective.
(d) No increase in annuity provided by this section shall be com-
puted, on any additional annuity purchased at retirement by volun-
tary contributions.
(e) The monthly installment of annuity after adjustment under
this section shall be rounded to the next lowest dollar,tto except
such installment shall after adjustment reflect an increase of at
least $1.
(g) "t (1) An annuity shall not be increased by reason of any ad-
Justment under this section to an amount which exceeds the great-
er of-
(A) the maximum pay rate payable for class FS-1 under sec-
tion. 403, 30 days before the effective date of the adjustment
under this section; or
(B) the final pay (or average pay, if higher) of the former
participant with respect to whom the annuity is paid, in-
creased. by the overall annual average percentage adjustments
(compounded) in rates of pay of the Foreign Service Schedule
under such section 403 during the period-
(i) beginning on the date the annuity commenced (or, in
the case of a survivor of the retired participant, the date
the participant's annuity commenced), and
(ii) ending on the effective date of the adjustment under
this section.
'? Sac. 2(a) of Executive Order 12446 (Oct 17. 1983: 38 F.R. 48443) substituted the words
'.rounded to the nest loawamt', ;A tieu of the words "fixed at the nearest". See. 2(b) of Executive
Order 12446 further stated that ttua amendment "shall be e4Teeure wtth reopen to any adjust.
MM or redetarm>ennoa of any annuity made on or attar the data of this Order.'.
Sea 6(aj of Executtw order 12446 'Oct 17. 1983; 48 F.R. 48443) added sub=s. (g). Sac. 6(b) of
Eaecutiw Order 12446 ptowded the following
"(b) The amendment madm by subeaettorn (a) of this Section shall not cause any annuity to be
reduced below the rate that is payable on the data of approval of this Order, but shall apply to
any adjustment otsurrtng on or after Aprd 1. 1983 under Section 826 of the Act to any annuity
payable from the Foreign Santa Retirement and Diaabrlit7 Fund, whether such annuity ham a
commenting date before. on. or after the data of this Order. '
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L
2) For the purposes of paragraph (1) of this subsection. " oav"
means the rate of salary or basic pay as payable under any provi-
sion of law, including any provisions of law limiting the expendi-
ture of appropriated funds.
(f) Effective from its commencing date, there shall be an increase
of 10 percent in the annuity of each surviving spouse whose entitle-
ment to annuity resulted from the death of an annuitant who,
prior to October 1. 1976, elected a reduced annuity in order to pro-
vide.a spouses survivor annuity.
Sec. 327.112 Compatibility Between Civil Service and Foreign
Service Retirement Systems.-(a) In order to maintain existing
conformity between the Civil Service Retirement and Disability
System under subchapter III of chapter 83 of title 5, United States
Code, and the Foreign Service Retirement and Disability System,
whenever a law of general applicability is enacted which-
(1) affects the treatment of current or former participants,
annuitants, or survivors under the Civil Service Retirement
and Disability System; and
(2) affects treatment which, immediately prior to the enact-
ment of such law, was substantially identical to the treatment
accorded to participants, former participants, annuitants, or
survivors under the Foreign Service Retirement and Disability
System;
such law shall be extended in accordance with subsection (b) to the
Foreign Service Retirement and Disability System so that it applies
in like manner with respect to participants, former participants,
annuitants. or survivors under that System.
(b) The President shall by Executive order prescribe regulations
to implement this section and may make such extension retroac-
tive to a date no earlier than the effective date of the provision of
law appiicable to the Civil Service Retirement and Disability
System. Any provision of an Executive order issued under this sec-
tion shall .modify, supersede, or render inapplicable, as the case
may_ be, to the extent inconsistent therewith-
(1) all provisions of law enacted prior to the effective date of
that provision of the Executive order, and
(2) any prior provision of an Executive order issued under
this section.
CHAPTER 9-TRAVEL, LEAVE, AND OTHER BENEPTrS
Sec. 901.113 Travel and Related Expenses.-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;
"?'1' U.S.C. 4067.
? 22 U.S.C. 4081.
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Foreign Attair-s Kano&I
(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 fur-
nishing or payment of transportation and traveling expenses),
as well as expenses for--
(A) an attendant or attendants for a member of the Serv-
ice 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 Secre-
tary for purposes of this paragraph, to-
(A) other locations abroad having different social, climat-
ic, 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 extraor
dinary 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 necause 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 members of the Service has been
reassigned;
(8) trips reassigned; a member of the Service for purposes of family
visitation in situations where the family of the member is
prevented by official order from 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 2 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) round-trip travel from a location abroad for purposes of
family visitation in emergency situations involving personal
hardship;
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AW64CM Affairs )
(10) preparing. and transporting to the designated home in the
United States or to a pi=-! 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;
(11) transporting- the Puri iture 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
members on the date of departure from the place of resi-
dence 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: and
(C) in connection with separation of the member from the
Service, except that cost or expenses.may not be paid under
this subparagraph for storing furniture and household and
personal effects for more than 3 months;
(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 trans-
portation ' 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 members
and in the interest of the Government, or
(B) is incident to a reassignment when the cost of trans-
porting 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 tor any territory or possession of the United States or the
Commonweal 'i of Puerto R.ico), "ncllding assignments under
subchapter VI of chapter 33 of title 5. United States Code
(notwithstanding section 3375(a) of such title., if an agreement
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similar to chat required by section 337 1`1(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 al-
.lowance for the child under section 5924(4) of title 5, United
States Code; 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 port of entry in the contiguous 48 States which is
nearest to that post.
Sec. 90211? Loan of Household Effects.-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.
Sec. 903.11f Required Leave in the United States.-(a) The Secre-
tary may order a member of the Service who is a citizen of the
United States co take a leave .of absence under section 6305 of title.
5, United States Code (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 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) Leave ordered under this section may be taken in the United
States, its territories and ?ossessions, or the Commonwealth of
Puerto Rico.
(c) 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.
Sec. 904.114 Health Care.-(a) The Secretary of State may estab-
lish 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.
fb) Any such health care program may include (1) medical exami-
nations for applicants for employment, (2) medical examinations
and inoculations or vaccinations for members of the Service and
employees of the Department who are citizens of the United States
and for members of their families. and (3) examinations necessary
in order to establish disability or incapacity of participants in the
-= U.S.C. 4082
11022 U.S.C. 4083.
114= U.S.C. 41)84.
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Foreign Service Retirement and Disability System or to provide
survivor benerits under chapter 3.
(c) 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 numbc of Government em-
ployees are assigned to warrant such facilities or services.
(d) 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. Liniitations 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.
(e) 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 Govern-
ment service or the death of such member of the Service or em-
plovee or after dissolution of the marriage.
t h The Secretary of State snail 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 Secre-
tary may, for such individuals, locations, and conditions as the Sec-
retary of State deems appropriate, contract for health care pursu-
ant to such arrangements as the Secretary deems appropriate.
Sec. 905.117 Representation Expenses.-Notwithstanding section
5536 of title 5. United States Code, the Secretary may provide for
official receptions and may pay entertainment and representa-
tional expenses (including expenses of family members) co enable
the Department and the Service to provide for the proper represen-
tation 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.
Sec. 906.11? Entitlement to Vote in a State in a Federal Elec-
tion.-+a, Except as provided in subsection (b) and in such manner
as shall be otherwise authorized by a State or other jurisdiction
within the territory of the United States. a member of the Service
residing outside the United States shall. in addition to any entitle.
ment 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 enti-
tled to vote in a Federal election in the State in which such
member was last domiciled immediately before entering the Serv-
ice if such member-
(1) makes an election of that State;
22 U.S.C. 4095.
'V 22 U.S.C. 4086. Sec 1291x( of the Department of State Ithowuon Act. Fueal Yea.,.. 19S:
and 1985 (Public Law 98-164: 97 Stat 1027) added sae. 306.
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'?) notifies .hat 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.
(b) The provisions of subsection (a) shall apply only to an individ-
ual who becomes a member of the Service on or after the date of
enactment of this section 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.
CHAPTER 1O-LABOR-MANAGEMENT RELATIONS
See. 1001.11' Labor-Management Policy.-The Congress 'finds
that-
(1) experience in both private and public employment indi-
cates that the statutory protection of the right of workers to
organize, bargain collectively, and participate through labor or-
ganizations of their own choosing in decisions which affect
them-
(A) safeguards the public interest,
(B) contributes to the effective conduct of public busi-
ness, 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 per-
formance by members of the Service and the continuous devel-
opment and implementation of modern and progressive work
practices to facilitate improved performance and efficiency;
and
(3) the unique conditions of Foreign Service employment re-
quire a distinct framework for the. development and implemen-
tation 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 chapter should be interpreted in a manner
consistent with the requirement of an effective and efficient
Government.
See. 1002.tO Definitions.-As used in this chapter, the term-
(1) "Authority" means the Federal Labor Relations Authori-
ty, described in section 7104(a) of title 3, United States Code;
(2) "Board" means the Foreign Service Labor Relations
Board, established by section 1006(a);
(3) "collective bargaining" means the performance of the
mutual obligation of the management representative of the De-
partment 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
-22 U.S.C. 4101.
` ?'1' U.S.C. 4102.
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of employment affecting employees, and to execute. if request-
ed by either party, .a written document incorporating any col-
lective 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 pro.
visions of this chapter,
(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,
United States Code;
(B) relating to the designation or- classification of any po-
sition under section 501;
. (C) to the extent such matters are specifically provided
for by Federal statute: or
D) relating to Government-wide or multiagency respon-
sibility of the Secretary affecting the rights, benefits, or
obligations of individuals employed in agencies other than
those winch 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 formu-
lates 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 manage-.
went official, a confidential employee, a consular agent, or
any individual who participates in a strike in violation of
section 7311 of title 5, United States Code; or
(B) a former member of the Service as described in sub-
paragraph (A) whose employment has ceased because of an
unfair labor practice under section 1015 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 1011;
(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 De-
partment concerning grievances (as defined in section 1101)
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
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status. poiiticai affiliation. niaritai status, or aandicaoDing
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 partici-
pate 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 men-
tioned 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 Serv-
ice under section 209: or
(F) is engaged in the administration of this chapter 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 1010(a); and
(14) "person" means an individual, a labor organization, or
an agency to which this chapter applies.
Sec. 1003.121 Application.--4 a) This chapter applies only with re-
3pect to the Department of State. the International Communication
Agency, the United States International Development Cooperation
Agency, the Department of Agriculture, and the Department of
Commerce.
(b) The President may by Executive order exclude any subdivi-
sion of the Department from coverage under this chapter 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 chapter cannot be applied to that
subdivision in a manner consistent with national security re-
quirements and considerations.
(c) The President may by Executive order suspend any provision
of this chapter 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.
Sec. 1004.12= Employee Rights.-!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.
'? = U.S.C. 4103.
'= ?2 U.S.C. 4104.
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Each employee snail be protected in the exercise of such right.
(b) Except as otherwise provided under this chapter, such right
includes the right-
(1) to act for a labor organization in the capacity of a repre-
sentative 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.au-
thorities; and
(2) to engage in collective bargaining with respect to condi-
tions of employment through representatives chosen by em-
pioyees under this chapter.
sec. 1005.1- Management Rights.-(a) Subject to subsection (b),
nothing in this chapter shall affect the authority of any manage-
ment official of the Department, in accordance with applicable
law-
(1) to determine the mission, budget, organization, and inter-
nal 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 deter-
mine the number of members of the Service to be promoted
ands to, remove the name of or delay the promotion - of any
memoer in accordance with regulations prescribed under sec-
tion 605(b):
(3) 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:
(4) to nil positions from any appropriate source;
(5) to determine the need for uniform personnel policies and
procedures between or among the agencies to which this chap-
ter applies: and
6) 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 organiza-
tional subdivision. work project, or tour of duty, or on the tech-
nology, methods, and means of performing work:
2) procedures which management officials of the Depart-
ment will observe in exercising any function under this sec-
tion; or
(3) appropriate arrangements for employees adversely affect-
ed by the exercise of any function under this section by such
management officials.
Sec. 1006,124 Foreign Service Labor Relations Board.-(a) There
is established within the Federal Labor Relations Authority the
Foreign Service Labor Relations Board. The Board shall be com-
posed of 3 members. 1 of whom shall be the Chairman of the Au-
thority, who shall be the Chairperson of the Beard. The remaining
2 members shall be appointed by the Chairperson of the Board
'W ?2 U.S.C. 4105.
""_2 U.S.(;. 410ti.
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from nominees approved in writing by the agencies to which this
chapter applies, and the exclusive representative (if any) of employ-
ees in each such agency. In the event of inability to obtain agree-
ment on a nominee, the Chairperson shall appoint the remaining 2
members from among individuals the Chairperson considers knowi-
edgeable in labor-management relations and the conduct of foreign
affairs.
(b) 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 appoint-
ed 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) A vacancy on the Board shall not impair the right of the re-
maining members to exercise the full powers of the Board.
(d) The members of the Board, other than the Chairperson, may
not hold another office' or position in the Government except as au-
thorized by law, and shall receive compensation at the daily equiv-
alent of the rate payable for level V of the Executive Schedule
under;section 5316 of title 5, United States Code, for each day they
are performing their duties (including traveltime).
(e) The Chairperson may remove any other Board member, upon
written notice, for corruption, neglect of duty, malfeasance, or dem-
onstrated incapacity to perform his or her functions, established at
a hearing, except where the right to a hearing is waived in writing.
Sec- 1007.129 Functions of the Board.-(a) The Board shall-
(1) supervise or conduct elections and determine whether a
labor organization has been selected as the exclusive repre-
sentative by a majority of employees who cast valid ballots and
otherwise administer the provisions of this chapter 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 1014; and
(5) take any action considered necessary to administer effec-
tively the provisions of this chapter.
(b) Decisions of the Board under this chapter shall be consistent
with decisions rendered by the Authority under chapter 71 of title
5, United States Code, other than in cases in which the Board finds
that special mstances require otherwise. Decisions of the
Board under this chapter shall not be construed as precedent by
the Authority, or any court or other authority, for any decision
under chapter 71 of title 5. United States Code.
(c) In order to carry out its functions under this chapter-
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(1) the Board shall by regulation adopt procedures *to apply
in the administration of this chapter, and
(2) the Board may-
(A) adopt other regulations concerning its functions
under this chapter,
(B) conduct appropriate inquiries wherever persons sub-
ject to this chapter 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 chapter and require
it to take any remedial action the Board considers appro-
priate to carry out this chapter, and
(F) consistent with the provisions of this chapter, exer-
cise the functions the Authority has under chapter 71 of
title 5, United States Code, to the some extent and in the
same manner as is the case with respect to persons subject
to chapter 71 of such title.
Sec. 1008.17 Functions of the General Counsel.-The General
Counsel may-
(1) investigate alleged unfair labor practices under this chap.
ter. .
(2) file and prosecute complaints under this chapter, and
(3) exercise such other powers of the Board as the Board may
prescribe.
Sec. 1009.121 Judicial Review and Enforcement.-(a) Except as
provided in section 1014(d), 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 judicini review
? of such order in the United States Court of Appeals for the District
of Columbia.
(b) 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 chapter and for any appropriate temporary relief
or restraining order.
(c) Subsection (c) of section 7123 of title 5, United States Code,
shall apply to judicial review and enforcement of actions by the
Board in the same manner that it applies to judicial review and en-
forcement of actions of the Authority under chapter 71 of. title 5.
United States Code.
(d) The Board may, upon issuance of a complaint as provided in
section 1016 charging that any person has engaged in or is engag-
ing 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 (in-
cluding a temporary restraining order) it considers just and proper.
A court shall not grant any temporary, relief under this section if it
would Inter ere 9vit..1 the ability of the Department to carry out its
-22 U3.c 410&
i 22 U.s.c 4109.
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Foreign Attairs :dual
essential functions or if the 3oard fairs- to estaniish probable cause
that an unfair labor practice is being committed.
Sec. 1010.1" Foreign Service Impasse Disputes Panel.-(a) There
is established within the Federal Labor Relations Authority the
Foreign Service Impasse Disputes Panel. which shall assist in re-
solving negotiating impasses arising in the course of collective bar-
gaining under this . chapter. 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 offi-
cial. 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) Panel members referred to in subsection (a) (3) and (4) shall
receive compensation for each day they are performing their duties
(including traveltime) at the daily equivalent of the maamum rate
payable for grade. GS-18 of the General Schedule under section
5332 of title 5, United States Code, 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(bX4) of title 5, United States
Code. Members of the Panel shall be entitled to travel expenses as
provided under section 5703 of title 5, United States Code.
(cX1) The Panel or its designee ;hail 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 what-
ever methods and procedures, including factfinding and recom-
mendations, it may consider appropriate to accomplish the pur-
pose 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 sec-
tion 7132 of title 5, United States Code; and
(C) take whatever action is necessary and not inconsistent
with this chapter 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 bind-
ing on such parties during the term of the collective bargaining
agreement unless the parties agree otherwise.
Sec. 1011.1" Exclusive Recognition.-(a) The Department shall
accord exclusive recognition to a labor organization if the organiza-
'= 22 U.ac. 4110.
22 U.S.C. 4111.
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L
:ion has been selected as the representative, in a secret ballot elec-
tion. by a majority of the employees in a unit who cast valid ballots
in the election.
(b) If a petition is filea 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
snit 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 repre-
sentation; 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 super-rise 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 pre-
ceding 24 calendar months.
(c) A labor organization which-
(1) has been designated by at least 10 percent of the employ-
ees in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsec-
tion (b) and shall be placed on the ballot of any election under sub-
section (b) with respect to the petition.
(dX1) The Board shall determine who is eligible to vote in any
election under this section and shall establish regulations govern-
ing any such election, which shall include regulations allowing em-
ployees eligible to vote the opportunity to choose-
(A) from labor organizations on the ballot, that labor organi-
zation 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 pref-
erences the preferences as between those two of the other valid bal-
lots cast The choice receiving a majority of preferences shall be de-
clared the winner. A labor organization which is declared the
winner of the election shall be certified by the Board as the exclu-
sive representative.
(e) A labor organization se( cing exc'usive recognition shall
submit to the Board and to the Department a roster of its officers
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,761
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 repre-
sentative before taking final action on any such change, and shall
provide the exclusive representative a written statement of the rea-
sons for taking the final action.
Sec. 1014.' Resolution of Implementation Disputes.-Any dis-
pute between the Department and the exclusive representative con-
cerning the effect, interpretation, or a claim of breach of a collec-
tive bargaining agreement shall be resolved through procedures ne-
gotiated 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 Griev-
ance Board by either party of any dispute not satisfactorily set-
tled.
(b) Either party to an appeal under subsection (aX3) 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 consid-
ers necessary, consistent with applicable laws, rules, and regula-
tions.
(c) If no exception to a Foreign Service Grievance Board action is
filed under subsection (b) within 30 days after such action is com-
municated to the parties.. such action shall become final and bind-
ing and shall be implemented by the parties.
(d) Resolutions of disputes under this section shall not. be subject
to judicial review.
Sec. 1015.138 Unfair Labor Practices.-(a) 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 chapter,
(2) to encourage or discourage membership in any labor orga-
nization by discrimination in connection, with hiring, tenure,
promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organiza-
lion, other, than to furnish upon request customary and routine
services and facilities on an impartial basis to labor organiza-
tions having equivalent status;
(4) to discipline or otherwise discriminate against an employ-
ee because the employee has filed a complaint or petition, or
has given any information, affidavit, or testimony under this
chapter,
(5) to refuse to consult or negotiate in good faith with a labor
organization, as required under this chapter,
1-22 u.s.C. 4114.
'-22 u.s.c. 4115.
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(1) to interfere with, restrain. or coerce any employee in the
exercise by the employee of any right under this chapter,
(2) to cause or attempt to cause the Department to discrimi-
nate against any employee in the exercise by the employee of
any right under this chapter,
(3) to coerce. discipline.- fine, or attempt to. coerce a member
of the labor or$aairaItion as punishment or reprisal. or for the
purpose of hindering or impeding the member's work perform.
ance 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, pref-
erential or nonpreferential civil service status, political affili.
ation, marital status, or handicapping condition;
(5) to refuse. to consult or negotiate in good faith with the De-
partment, as required under this chapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter,
(7XA) 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 subpar-
agraph (A) by failing to take action to prevent or stop such ac-
tivity;
(8) to deny membership to any employee in the unit repre-
sented 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 organiation's constitution or bylaws and this
chapter, or
(9) to fail or refuse otherwise to comply with any provision of
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this chapter,
(') Lo enforce any rule or regulation (other than a rule or
regulation implementing section 2302 of title 5, United States
Code) which is in conflict with an applicable collective bargain.
ing 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 chapter.
(b) It shall be an unfair labor practice for a labor organization-
(2) corrects the record with respect to any false or misleading
statement made by any person; or
(c) 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 en-
courages employees to exercise their right to vote in such an
election;
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and representatives, a copy of its constitution and bylaws, and a
statement of its objectives.
(f) Exclusive recognition shall not be accorded to a labor organi-
zation-
(1) if the Board determines that the labor organization is
subject to corrupt influences or influence opposed to democrat-
ic principles. or
(2) in the case of a.petition filed under subsection (bX1XA), 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 recogni-
tion.
(g) Nothing in. this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent elec-
tion in conformity with regulations and rules or decisions of the
Board.
Sec. 1012.17 Employees Represented.-The employees of the De-
partment shall constitute a single and separate worldwide bargain-
ing 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 inves-
tigations or -vho audit the work of individuals to insure that
their functions are discharged honestly and with integrity.
Sec. 1013.131 Representation Rights and Duties.-(a) A labor or-
ganization which has been accorded exclusive recognition is the ex
elusive representative of. and is entitled to act for, and negotiate
collective bargaining agreements covering. all employees in the
unit described in section 1012. An exclusive representative is re-
sponsible for representing the interests of all employees in that
unit without, discrimination and without regard to labor organiza-
-tion memberhip.
(bs 1) An exclusive representative shall be given the opportunity
to be represented at-
(A) any formal discussion between one or more representa-
tives of the Department and one or more employees in the unit
(or their representatives), concerning any grievance (as defined
in section 1101) or any personnel policy or practice or other
general condition of employment; and
(B) any examination of an employee by a Department repre-
sentative in connection with an investigation if-
(i) the employee reasonably believes that the examina-
tion may result in disciplinary action against the em-
ployee. and
(ii) the employee requests such representation.
(2) The Department shall annually inform employees of their
rights under paragraph (1XB).
(c) The Department and the exclusive representative, through ap-
propriate 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
'?= U.S.C 4112
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determine appropriate techniques, consistent with the provisions of
section 1010, to assist in any negotiation.
(d) 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 repre-
sentative, in any grievance proceeding under chapter 11; or
(2) exercising grievance or appeal rights established by law,
rule. or regulation.
(e) 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 condi-
tion of employment;
(3) to meet at reasonable times and convenient places as fre-
quently as may be necessary and. to avoid unnecessary delays;
(4) for the Department to furnish to the exclusive representa-
tive, 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 confiden-
tial employees. relating to collective bargaining,
(5) to negotiate jointly with respect to conditions of employ-
ment 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)(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 writ-
ing that the agreement is contrary to applicable law, rule, or regu-'
lation.
(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) The Department shall consult with the exclusive represent
tive with respect to Government-wide or multiagency matters af-
fecting the rights, benefits, or obligations of individuals employed
in agencies not ..u&.or ized 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,
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(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 chapter, or
(B) constitute grounds for the setting aside of any election
conducted under this chapter.
(d) Issues which can properly be raised under an appeals prod
dure may not be raised as unfair labor practices prohibited under
this section. Except for matters wherein, under section 1109(b), an.
employee has an option of using the grievance procedure under
chapter 11 or an appeals procedure, issues which can be raised
under section 1014 or chapter 11 may, in the discretion of the ag
grieved party, be raised either under section or chapter or else
raised as an unfair labor practice under this section, but may not
be raised both under this section and under section 1014 or chapter
11.
Sec. 1016.'3' Prevention of Unfair Labor Practices.-(a) If the
Department or labor organization is charged by any person with
having engaged in or engaging in an unfair labor practice, the Gen-
eral Counsel shall investigate the charge and may issue and cause
to be served upon the Department or labor organization a com
plaint. 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) Any complaint under subsection (a) 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) 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.
(dX1) 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 persom or
(B) any concealment which prevented discovery of the al-
leged 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
ticeday of the discovery by the person of the alleged unfair labor prac.
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(e) 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) 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 al-
lowed to intervene in the hearing and to present testimony. Any
such hearing shall. to the extent practicable, be conducted in ac-
cordance with the provisions of subchapter U of chapter 5 of title 5,
United States Code. a cept that the parties shall not be bound by
rules of evidenm whether statutory, common law, or adopted by a
court. A transcript shall be kept of the hearing. After such a hear.
ing the Board, in its discretion. _may upon notice receive further...
evidence or bear argument.
(g) If the Board (or any member thereof or any individual em-
ployed -by the- Board and designated for such purpose) determines
after any hearing on a complaint under subsection (f) that the pre-
ponderance of the evidence received n411M les that -the Depart-
ment or labor organization named in the complaint has engaged in
or is engaged in an unfair labor practice, then the individual or in-
dividuaAa conducting the hearing snail state in writing their find-
ing of "fad and shall issue and cause to be served on the. Depart.
ment or labor organization an order-
(1) to cases 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 bargain-
ing agreement in accordance with- the order of the Board and
firuiring ' that the agreement, as amended. be given retroactive
ect;
(3) requiring reinstatement of an employee- with backpay in
accordance with section 5596 of title 5. United States Code; 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 chapter. .
If any such order requires reinstatement of an employee with back-
pay, backpay may be required of the Department (as provided in
section 5596 of title 5, United States Code) or of the labor. organiza-
tion. as the, case may be, which is found to have engaged in the
unfair labor practice involved.
. (h) If the individual or individuals conducting the hearing deter-
mine that the preponderance of the evidence received fails to dem-
onstrate that the Department or labor organization named in the
complaint has engaged in or is engaged in an unfair labor practice,
the individual or individuals shall state in writing their findings of
fact and shall laws an order dismisming the complaint
See. 1017.10 Standards of Conduct for Labor Organizations.-(a)
The Department shall accord recognition only to a labor organiza-
tion that is free from corrupt influences and influences opposed to
basic democrat :c p-inciples. Except as provided in subsection (b), an
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organization is not required to prove that it is free from such influ-
ences if it is subject to a governing requirement adopted by the or-
ganization 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 sub-
ject to recognized safeguards, and
(B) provisions defining and securing the right of individ-
ual members to participate in the affairs of the organiza-
tion. to receive fair and equal treatment under the govern-
ing rules of the organization, and to receive fair process in
disciplinary proceedings;
(2) the exclusion from office in the organization of persons af-
filiated 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 sumrria?
ries to be made available to members.
(b) 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); or
(2) the organization is in fact subject to influences that would
preclude recognition under this chapter.
(c) A labor organization which has or seeks recognition as a rep-
resentative of employees under this chapter shall file financial and
other reports with the Assistant Secretary of Labor for Labor Man-
agement Relations, provide for bonding of officials and others em-
ployed by the organization. and comply with trusteeship and elec-
tion standards.
(d) The Assistant Secretary of Labor shall prescribe such regula-
tions as are necessary to carry out this section. Such regulations
shall conform generally to the principles applied to labor organiza-
tions 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 or-
ganization 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) This chapter does not authorize participation in the manage-
ment of a labor organization or acting as a representative of a
labor organization by a management official, a confidential employ-
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ee, or any other employee if the participation or activity would
result in a conflict or apparent conflict of interest or would other-
wise be incompatible with law or with the official functions of such
management official or such employee.
(fl If the Board finds that any labor organization has willfully
and intentionally violated section 1015(bX7) by omission or commis-
sion with regard to any strike, work stoppage, slowdown, the Board
shall-
(1) revoke the exclusive recognition status of the labor orga-
nization, which shall then immediately cease to be legally enti-
tled and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.
Sec- 1018.138 Administrative Provisions.-(a) If the Department
has received from any individual a written assignment which au-
thorizes the Department to deduct from the salary of that individu-
al amounts for the payment of regular and periodic dues of the ex-
clusive representative, the Department shall honor the assignment.
Any such assignment shall be made at no cost to the exclusive rep?
resentative or the individual. Except as provided in subsection (b i,
any such assignment may not be revoked for a period of one year
from its execution.
(b) An assignment for deduction of dues shall terminate when-
11) ,the labor organization ceases to be the exclusive repre-
sentative:
(2) the individual ceases to receive a salary from the Depart-
ment as a member of the Service; or
(3) the individual is suspended or expelled from membership
(C)
in the exclusive representative.
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 organiza-
tion which has filed a petition under section 1011(bXlXA) alleging
that 10 percent of the employees in the Department have member-
ship in the organization if the Board has determined that the peti-
tion 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 organiza-
tion 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) 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
chapter shall be authorized official time for such purposes, in.
ciuding 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
par-graph shall not exceed the number of :ndividuals designat-
ed ij representing the Department for such purposes.
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(2) Any activities performed by any. employee relating to the
internal business of the labor organization, including the solici-
tation 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 de-
termine 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 em-
ployee representing an exclusive representative, or engaged in
any other matter covered by this chapter, shall be granted offi-
cial time in any amount the Department and the exclusive rep-
resentative agree to be reasonable, necessary, and in the public
interest.
CHAPTER 11-GRIEVANCFs
Sec. 1101."' Definition of Grievance.-(aXl) Except as provided
in subsection (b), for purposes of this chapter, 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 Stales of a right or benefit authorized by
law or regulation or which is otherwise a source of concern or dis-
satisfaction 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 misappiica=
Lion of applicable .laws, regulations. or published policy affect-
ing 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 in-
terference with freedom of action in connection with participa-
tion by the member in procedures under this chapter, and
(G) alleged denial of an allowance, premium pay, or other fi-
nancial benefit to which the member claims entitlement under
applicable laws or regulations.
(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 repre-
sentative under chapter 10 (hereinafter in this chapter referred to
as the "exclusive representative").
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. (b) For purposes of this chapter, the term "grievance" does not
include-
(1) an individual assignment of a member under chapter 5,
other than an assignment alleged to be contrary to law or reg-
ulation;
(2) the judgment of a selection board established under sec-
tion 602, a tenure board established under section 306(b), 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 611, or the denial of a
limited career extension or of a renewal of a limited career ex-
tension under section 607(br or
(4). any complaint or appeal where a specific statutory hear-
ing procedure exists, except as provided in section 1109(b).
(c) This chapter applies only with respect to the Department of
State, the International Communication Agency, the United States
International Development Cooperation Agency, the Department of
Agriculture, and the Department of Commerce.
Sec. 1102."' Grievances Concerning Former Members.-Within
the time limitations of section 1104. a former member of the Serv-
ice 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 chapter only with respect to allega-
tions described in section 1101(a)(1XG).
Sec. 1103.131 Freedom of Action.-(a) Any individual filing a
grievance under this chapter .(hereinafter in this chapter 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)1) The grievant has the right to a representative of his or her
own choosing at every stage of the proceedings under this chapter.
(2) In any case where the grievant is a member of a bargaining
unit represented by an .exclusive representative, but is not repre-
sented in the grievance by that exclusive representative, the exciu-
ee representative shall have the right to appear during the griev-
ance
(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 chap.
ter.
(c) Any witness who is a member of the Service or employee of
the Department shall be granted reasonable periods of administra-
tive leave to appear and testify at any proceedings under this chap-
ter.
(dxl) No record of-
(A) a determination by the Secretary to reject a recommen-
dation of the Foreign Service Grievance Board.
f U.C. 4132.
? 22 U.S.C 4133.