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22 U.S.C. § 4001 — Promotions

submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 761 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets how Foreign Service members are promoted, generally using selection-board recommendations and rankings. It sets consideration rules for promotion into the Senior Foreign Service, preserves a long-term personnel-flow process, notes two repealed paragraphs, and requires a qualifying global-affairs tour unless the Secretary certifies an exception.

(a) Method. Career Senior Foreign Service members are promoted by appointment under section 3942(a) to a higher Senior Foreign Service class. Career-candidate and noncareer members are promoted under section 3943. Foreign Service officers and personnel assigned to a Foreign Service Schedule class are promoted by appointment as career Senior Foreign Service members under section 3942(a), or by assignment under section 3964 to a higher Schedule class.

(b) Recommendations and rankings. Unless section 4006(a) provides otherwise, promotions of Senior Foreign Service members and Service members assigned to a Schedule class, including promotions into the Senior Foreign Service, must be based on section 4002 selection-board recommendations and rankings. The Secretary may by regulation allow satisfactory-performance promotions for specified career members, career candidates, and other Schedule members.

(c) Eligibility and decision rules. (1) Boards may recommend promotion into the Senior Foreign Service only from class-1 career Service members who ask to be considered. The Secretary sets the consideration period within any applicable time-in-class limit. A member may withdraw the request, but then may never again request consideration under this subsection. (2) The Secretary’s decisions about how many people to promote into and retain in the Senior Foreign Service must use long-term personnel-flow and need projections designed to provide regular predictable recruitment, effective career development, and regular predictable movement of talent upward. (3) The affidavit requirements of 5 U.S.C. §§ 3332 and 3333(a) do not apply to a member who already complied and is promoted by appointment to any Senior Foreign Service class without a service break. (4), (5) Repealed. (6) (A) On or after January 1, 2017, promotion to the Senior Foreign Service of a Foreign Service officer appointed under section 3942(a)(1) who has general responsibility for Service functions requires at least one tour in a global affairs bureau or position. (B) The requirement does not apply if the Secretary certifies that the person met all other requirements and lacked a reasonable opportunity for such a tour. (C) “Global affairs bureau” means a Department bureau under the listed Under Secretaries or Assistant Secretary for International Organization Affairs. “Global affairs position” means a position funded under the Department appropriation heading “Diplomatic Policy and Support.”

the actual law source: uscode.house.gov ↗public domain
(a) Method of promotion

Career members of the Senior Foreign Service are promoted by appointment under section 3942(a) of this title to a higher salary class in the Senior Foreign Service. Members of the Senior Foreign Service serving under career candidate appointments or noncareer appointments are promoted by appointment under section 3943 of this title 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 3942(a) of this title as career members of the Senior Foreign Service or by assignment under section 3964 of this title to a higher salary class in the Foreign Service Schedule.

(b) Recommendations and rankings of selection boards

Except as provided in section 4006(a) of this title, 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 members into the Senior Foreign Service),

shall be based upon the recommendations and rankings of selection boards established under section 4002 of this title, except that the Secretary may by regulation specify categories of career members, categories of career candidates, and other members of the Service assigned to salary classes in the Foreign Service Schedule who may receive promotions on the basis of satisfactory performance.

(c) Eligibility; request for promotion; time of consideration; withdrawal of request; basis for decision; affidavits
(1)

Promotions into the Senior Foreign Service shall be recommended 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 Foreign 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 4007(a) of this title) 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;

(B)

effective career development patterns to meet the needs of the Service; and

(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 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.

(4)

, (5) Repealed. Pub. L. 114–323, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1946.

(6)
(A)

The promotion, on or after January 1, 2017, of any Foreign Service officer, appointed under section 3942(a)(1) of this title, who has general responsibility for carrying out the functions of the Service to the Senior Foreign Service shall be contingent upon such individual completing at least one tour in—

(i)

a global affairs bureau; or

(ii)

a global affairs position.

(B)

The requirements under subparagraph (A) shall not apply if the Secretary certifies that the individual proposed for promotion to the Senior Foreign Service—

(i)

has met all other requirements applicable to such promotion; and

(ii)

was unable to complete a tour in a global affairs bureau or global affairs position because there was not a reasonable opportunity for such individual to be assigned to such a position.

(C)

In this paragraph—

(i)

the term “global affairs bureau” means any bureau of the Department that is under the responsibility of—

(I)

the Under Secretary for Economic Growth, Energy, and Environment;

(II)

the Under Secretary for Arms Control and International Security Affairs;

(III)

the Under Secretary for Management;

(IV)

the Assistant Secretary for International Organization Affairs;

(V)

the Under Secretary for Public Diplomacy and Public Affairs; or

(VI)

the Under Secretary for Civilian, Security, Democracy, and Human Rights; and

(ii)

the term “global affairs position” means any position funded with amounts appropriated to the Department under the heading “Diplomatic Policy and Support”.

Source credit: (Pub. L. 96–465, title I, § 601, Oct. 17, 1980, 94 Stat. 2094; Pub. L. 100–204, title I, § 185(b), Dec. 22, 1987, 101 Stat. 1366; Pub. L. 103–236, title I, § 180(a)(6), Apr. 30, 1994, 108 Stat. 416; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 326], Nov. 29, 1999, 113 Stat. 1536, 1501A–437; Pub. L. 114–291, § 6, Dec. 16, 2016, 130 Stat. 1498; Pub. L. 114–323, title IV, § 403, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1927, 1946; Pub. L. 117–81, div. E, title LIII, § 5307, Dec. 27, 2021, 135 Stat. 2362.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-465 · 94 Stat. 2094
  • 1987Amended · Pub. L. 100-204 · 101 Stat. 1366
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 416
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2016Amended · Pub. L. 114-291 · 130 Stat. 1498
  • 2016Amended · Pub. L. 114-323 · 130 Stat. 1927, 1946
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2362

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.

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