22 U.S.C. § 4041 — Administration

Page 1475 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4041 § 4029. Increased training in multilateral diplo- macy (1) Statement of policy It shall be the policy of the United States that training courses should be established for For- eign Service Officers and civil service employees of the State Department, including appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of negotia- tions at international organizations and multi- lateral institutions, negotiating skills that are required at multilateral settings, coalition- building techniques, and lessons learned from previous United States multilateral negotia- tions. (2) Personnel (A) In general The Secretary shall ensure that the training described in paragraph (1) is provided at var- ious stages of the career of members of the Service. (B) Actions of the Secretary The Secretary shall ensure that— (i) officers of the Service receive training on the conduct of diplomacy at inter- national organizations and other multilat- eral institutions and at broad-based multi- lateral negotiations of international instru- ments as part of their training upon entry into the Service; and (ii) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy toward such organiza- tions and institutions or toward participa- tion in broad-based multilateral negotia- tions of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment. (3) Training for civil service employees The Secretary shall ensure that employees of the Department of State who are members of the civil service and who are assigned to posi- tions described in paragraph (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at such time is not practical, within the first year of beginning such assign- ment. (Pub. L. 108–458, title VII, § 7111(c), Dec. 17, 2004, 118 Stat. 3795.) Editorial Notes CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Foreign Service Act of 1980 which comprises this chapter. § 4030. Suitability reviews for Foreign Service In- stitute instructors The Secretary shall take reasonable steps to ensure that all instructors at the Foreign Serv- ice Institute, including direct hires and contrac- tors, who provide language instruction are— (1) subject to suitability reviews and back- ground investigations; and (2) subject to periodic background checks or reinvestigations to the extent consistent with Department and Executive policy for other Department personnel. (Pub. L. 118–31, div. F, title LXI, § 6116, Dec. 22, 2023, 137 Stat. 970.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act of 2023, and also as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Foreign Service Act of 1980 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title. SUBCHAPTER VIII—FOREIGN SERVICE RETIREMENT AND DISABILITY PART I—FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM § 4041. Administration In accordance with such regulations as the President may prescribe, the Secretary of State shall administer the Foreign Service Retirement and Disability System (hereinafter in this part referred to as the ‘‘System’’), originally estab- lished pursuant to section 18 of the Act of May 24, 1924 (43 Stat. 144). (Pub. L. 96–465, title I, § 801, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.) Editorial Notes REFERENCES IN TEXT Section 18 of the Act of May 24, 1924 (43 Stat. 144), re- ferred to in text, which was classified to section 21 of this title, was repealed by act Aug. 13, 1946, ch. 957, title XI, § 1131(44), 60 Stat. 1038. AMENDMENTS 1986—Pub. L. 99–335 substituted ‘‘part’’ for ‘‘sub- chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE Subchapter effective Feb. 15, 1981, except regarding the rights of former spouses to any annuity under sec- Page 1476 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4042 tion 4054(a) of this title or except to the extent pro- vided in section 4159 of this title, regarding rights of former spouses to receive survivor annuities under this subchapter, see section 2403(a) and (e) of Pub. L. 96–465, set out as a note under section 3901 of this title. TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES ENGAGING IN HOSTILE INTEL- LIGENCE ACTIVITIES Pub. L. 100–204, title I, § 158, Dec. 22, 1987, 101 Stat. 1355, provided that: ‘‘(a) TERMINATION.—The Secretary of State shall exer- cise the authorities available to him to ensure that the United States does not provide, directly or indirectly, any retirement benefits of any kind to any present or former foreign national employee of a United States diplomatic or consular post against whom the Sec- retary has convincing evidence that such employee has engaged in intelligence activities directed against the United States. To the extent practicable, the Secretary shall provide due process in implementing this section. ‘‘(b) WAIVER.—The Secretary of State may waive the applicability of subsection (a) on a case-by-case basis with respect to an employee if he determines that it is vital to the national security of the United States to do so and he reports such waiver to the appropriate com- mittees of the Congress.’’ TEMPORARY RETIREMENT CONTRIBUTIONS AND PROCEDURES FOR CERTAIN PARTICIPANTS For temporary provisions providing modified con- tributions and procedures for members of the Service participating in the Foreign Service Retirement and Disability System who are also required to pay employ- ment taxes relating to benefits under title II of the So- cial Security Act, 42 U.S.C. 401 et seq., until they are covered by a new Government retirement system or Jan. 1, 1986, whichever is earlier, see title II of Pub. L. 98–168, set out as a note under section 8331 of Title 5, Government Organization and Employees. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section 3901 of this title. § 4042. Maintenance of Fund The Secretary of the Treasury shall maintain the special fund known as the Foreign Service Retirement and Disability Fund (hereinafter in this part referred to as the ‘‘Fund’’), originally created by section 18 of the Act of May 24, 1924 (43 Stat. 144). (Pub. L. 96–465, title I, § 802, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.) Editorial Notes REFERENCES IN TEXT Section 18 of the Act of May 24, 1924 (43 Stat. 144), re- ferred to in text, which was classified to section 21 of this title, was repealed by act Aug. 13, 1946, ch. 957, title XI, § 1131(44), 60 Stat. 1038. AMENDMENTS 1986—Pub. L. 99–335 substituted ‘‘part’’ for ‘‘sub- chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of Title 5, Govern- ment Organization and Employees. § 4043. Participants (a) Career appointees or candidates; chiefs of mission Except as provided in subsection (d), the fol- lowing members of the Service (hereinafter in this part referred to as ‘‘participants’’) shall be entitled to the benefits of the System: (1) Every member who is serving under a ca- reer appointment or as a career candidate under section 3946 of this title— (A) in the Senior Foreign Service, or (B) assigned to a salary class in the For- eign Service Schedule. (2) Every chief of mission, who is not a par- ticipant under paragraph (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 con- tribution for each year of such service in ac- cordance with section 4045 of this title. (b) Executive branch appointees Any otherwise eligible member of the Service who is appointed 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 partici- pate in the System. (c) Binational Center Grantees In addition to the individuals who are partici- pants 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 appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accordance with section 4045(d) or (f) of this title. (d) Exclusion An individual subject to the Foreign Service Pension System (described in part II) is not a participant in this System. (Pub. L. 96–465, title I, § 803, Oct. 17, 1980, 94 Stat. 2102; Pub. L. 99–335, title IV, §§ 402(a)(2), 414, June 6, 1986, 100 Stat. 609, 614.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1946, referred to in subsec. (c), is act Aug. 13, 1946, ch. 957, titles I to X, 60 Stat. 999, which was classified principally to chapter 14 (§ 801 et seq.) of this title, and was repealed by Pub. L. 96–465, title II, 2205(1), Oct. 17, 1980, 94 Stat. 2159. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–335, §§ 402(a)(2), 414(1), substituted ‘‘Except as provided in subsection (d), the’’ for ‘‘The’’ and ‘‘part’’ for ‘‘subchapter’’ in provisions preceding par. (1). Subsec. (d). Pub. L. 99–335, § 414(2), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec-