22 USC § 4041 - Administration

---
identifier: "/us/usc/t22/s4041"
source: "usc"
legal_status: "official_prima_facie"
title: "22 USC § 4041 - Administration"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
section_number: "4041"
section_name: "Administration"
chapter_number: 52
chapter_name: "FOREIGN SERVICE"
subchapter_number: "VIII"
subchapter_name: "FOREIGN SERVICE RETIREMENT AND DISABILITY"
part_number: "I"
part_name: "Foreign Service Retirement and Disability System"
positive_law: false
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 4041. Administration

section 18 of the Act of May 24, 192443 Stat. 144

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 established pursuant to  ().

---

**Source Credit**: (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

(), referred to in text, which was classified to , was repealed by , .

### Amendments

1986— substituted “part” for “subchapter”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1986 Amendment

Amendment by  effective , see , set out as an Effective Date note under , Government Organization and Employees.

### Effective Date

Subchapter effective , except regarding the rights of former spouses to any annuity under  or except to the extent provided in , regarding rights of former spouses to receive survivor annuities under this subchapter, see section 2403(a) and (e) of , set out as a note under .

### Termination of Retirement Benefits for Foreign National Employees Engaging in Hostile Intelligence Activities

> **“(a)** **Termination.—** The Secretary of State shall exercise 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 Secretary 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 committees of the Congress.”

, , , provided that:

### Temporary Retirement Contributions and Procedures for Certain Participants

For temporary provisions providing modified contributions and procedures for members of the Service participating in the Foreign Service Retirement and Disability System who are also required to pay employment taxes relating to benefits under title II of the Social Security Act,  et seq., until they are covered by a new Government retirement system or , whichever is earlier, see title II of , set out as a note under , 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, , 46 F.R. 13969, set out as a note under .