22 U.S.C. § 3968
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, are United States citizens employed in the Service abroad who were hired while residing abroad, or are family members of Government employees assigned abroad, in accordance with the applicable provisions of this chapter.
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 establishments.
22 U.S.C. § 3968
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (a)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, known as the Foreign Service Act of 1980, which is classified principally to this chapter (§3901 et. seq.). For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
AMENDMENTS2002-Subsec. (a)(1). Pub. L. 107-228 in third sentence substituted "payments by the Government and employees to (i) a trust or other fund in a financial institution in order to finance future benefits for employees, including provision for retention in the fund of accumulated interest and dividends for the benefit of covered employees; or (ii) a Foreign Service National Savings Fund established in the Treasury of the United States, which (I) shall be administered by the Secretary, at whose direction the Secretary of the Treasury shall invest amounts not required for the current needs of the Fund; and (II) shall be public monies, which are authorized to be appropriated and remain available without fiscal year limitation to pay benefits, to be invested in public debt obligations bearing interest at rates determined by the Secretary of the Treasury taking into consideration current average market yields on outstanding marketable obligations of the United States of comparable maturity, and to pay administrative expenses." for "payments by the Government and employees to a trust or other fund in a financial institution in order to finance future benefits for employees, including provision for retention in the fund of accumulated interest for the benefit of covered employees." 1999-Subsec. (a)(1). Pub. L. 106-113 in last sentence, struck out "(A) provide such citizens with a total compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign national employees occupying a similar position at that post and (B)" after "Secretary shall" and substituted "the total compensation package" for "this total compensation package".1994-Subsec. (a)(1). Pub. L. 103-236, §180(a)(4)(D), inserted at end "For United States citizens under a compensation plan, the Secretary shall (A) provide such citizens with a total compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign national employees occupying a similar position at that post and (B) define those allowances and benefits provided under United States law which shall be included as part of this total compensation package, notwithstanding any other provision of law, except that this section shall not be used to override United States minimum wage requirements, or any provision of the Social Security Act or title 26." Pub. L. 103-236, §180(a)(4)(B), (C), in second sentence struck out "employed in the Service abroad who were hired while residing abroad and to those family members of Government employees who are paid in accordance with such plans" after "United States citizens" and in third sentence struck out "foreign national" before "employees" wherever appearing. Pub. L. 103-236, §180(a)(4)(A), inserted first sentence and struck out former first sentence which read as follows: "The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service, United States citizens employed in the Service abroad who were hired while residing abroad, and for United States citizens employed in the Service abroad who are family members of Government employees." 1991-Subsec. (a)(1). Pub. L. 102-138, §152(a), inserted "United States citizens employed in the Service abroad who were hired while residing abroad," after "employees of the Service," and "to United States citizens employed in the Service abroad who were hired while residing abroad and" after "payment of wages". Pub. L. 102-138, §148, added cl. (B) and redesignated former cl. (B) as (C).Subsec. (b). Pub. L. 102-138, §152(b), inserted ",are United States citizens employed in the Service abroad who were hired while residing abroad," after "foreign nationals". 1990-Subsec. (a)(3). Pub. L. 101-246 added par. (3).1983-Subsec. (a)(1). Pub. L. 98-164 designated existing provisions as cl. (A) and added cl. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
DATE OF TRANSFER FROM CIVIL SERVICE RETIREMENT AND DISABILITY FUND Pub. L. 101-246, title I, §141(c), Feb. 16, 1990, 104 Stat. 35, provided that: "The transfer of an employee's interest in the Civil Service Retirement and Disability Fund shall occur after October 1, 1990."
FOREIGN NATIONAL PAY PLANSPub. L. 96-60, title I, §107(a), Aug. 15, 1979, 93 Stat. 397, provided that: "It is the sense of the Congress that the Secretary of State should- "(1) improve coordination between the Department of State and the Department of Defense and other departments and agencies of the United States operating outside the United States with respect to foreign national pay systems and wage schedules to the extent that-"(A) joint wage surveys and compatible pay schedules are adopted in countries where two or more departments or agencies of the United States directly employ foreign nationals, and"(B) Department of Defense wage rates are included in wage surveys of the Department of State where the Department of Defense operates under indirect-hire arrangements;"(2) monitor the establishment of wage rates outside the United States more closely to insure that United States missions-"(A) operate under salary schedules that reflect private sector average pay or average pay ranges,"(B) include the cost of severance in making pay adjustments, and "(C) survey jobs in the private sector which represent as closely as possible the work force of the mission; and"(3) substitute, whenever possible, prevailing local retirement plans for civil service retirement with respect to the retirement of foreign nationals employed by the United States."
- Government
- "Government" means the Government of the United States;
- abroad
- "abroad" means all areas not included within the United States;
- agency
- "agency" means an agency as defined in section 552(e) 1 of title 5;