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22 U.S.C. § 4010 — Separation for cause; suspension
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay**
(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault.
(2)
(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either—
(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed.
(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr
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Stable record: federal_law:legal_authorities:record_usc_b69dab86d84259125077081b
Source file: Laws/federal/codes/united-states-code/title-22/section-4010-separation-for-cause-suspension--89f89d122b.md
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Source location: Title 22, Chapter 52, § 4010; chapter-052-foreign-service.md
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**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay**
(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault.
(2)
(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either—
(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed.
(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragraph shall be conducted in accordance with the hearing procedures applicable to grievances under [section 4136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4136&num=0&edition=prelim) and shall be in lieu of any other administrative procedure authorized or required by this or any other Act. [Section 4140 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4140&num=0&edition=prelim) shall apply to proceedings under this paragraph.
(4) Notwithstanding the hearing required by paragraph (2), at the time that the Secretary decides to separate a member of the Service for cause, the member shall be placed on leave without pay. If the member does not waive the right to a hearing, and the Board decides that cause for separation has not been established, the member shall be reinstated with back pay.
**(b) Refund of contributions to Fund; annuity election** Any participant in the Foreign Service Retirement and Disability System who is separated under subsection (a) shall be entitled to receive a refund as provided in [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim) of the contributions made by the participant to the Foreign Service Retirement and Disability Fund. Except in cases where the Secretary determines that 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 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim), commencing at age 60.
**(c) Suspension**
(1) In order to promote the efficiency of the Service, the Secretary may indefinitely suspend without duties a member of the Service when—
(A) the member’s security clearance is suspended; or
(B) there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.
(2) Any member of the Service for whom a suspension is proposed under this subsection shall be entitled to—
(A) written notice stating the specific reasons for the proposed suspension;
(B) a reasonable time to respond orally and in writing to the proposed suspension;
(C) obtain at such member’s own expense representation by an attorney or other representative; and
(D) a final written decision, including the specific reasons for such decision, as soon as practicable.
(3) Any member suspended under this subsection may file a grievance in accordance with the procedures applicable to grievances under subchapter XI of this chapter.
(4) If a grievance is filed pursuant to paragraph (3)—
(A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and
(B) the Board may not exercise the authority provided under [section 4136(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4136/8&num=0&edition=prelim).
(5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension.
(6) Any member of the Service suspended under this subsection may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2).
(7) In this subsection, the term “reasonable time” means—
(A) with respect to a member of the Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and
(B) with respect to a member of the Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements for payment**
(1) A participant is entitled to be paid a lump-sum credit if the participant—
(A) is separated from the Service for at least 31 consecutive days, or is transferred to a position in which the participant is not subject to this subchapter and remains in such a position for at least 31 consecutive days;
(B) files an application with the Secretary of State for payment of the lump-sum credit;
(C) is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application;
(D) will not become eligible to receive an annuity under this part within 31 days after filing the application; and
(E) has notified any spouse or former spouse the participant may have of the application for payment in accordance with regulations prescribed by the Secretary of State.
Such regulations may provide for waiver of subparagraph (E) under circumstances described in [section 4046(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/D&num=0&edition=prelim).
(2) Such lump-sum credit shall be paid to the participant and to any former spouse of the participant in accordance with subsection (i).
**(b) Recall service; return of contributions** 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 4063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4063&num=0&edition=prelim), the compulsory 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Record; findings of fact and statement of reasons** Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board.
**(b) Authority of Department upon finding of meritorious grievance** If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department—
(1) to correct any official personnel record relating to the grievant which the Board finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character;
(2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the Board finds that such decision was arbitrary, capricious, or contrary to laws or regulations;
(3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved;
(4) to reinstate the grievant, and to grant the grievant back pay in accordance with [section 5596(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596/b/1&num=0&edition=prelim);
(5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under [section 7701(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701/g&num=0&edition=prelim); and
(6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any).
**(c) Finality o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4137
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trial period under limited appointment** 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 service 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 [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), or
(2) to recommend to the President that the candidate be given a career appointment under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim).
**(b) Decisions by Secretary** 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 Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service.
**(c) Foreign Service Grievance Board decisions** Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under [section 4137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3946
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment of family members** The Secretary, under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees.
**(b) Family nexus as affirmative hiring factor** The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person.
**(c) Compensation of family and non-family member employees**
(1) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim).
(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under [section 3967 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim), if the Secretary determines that the national interest would be served by such payments.
**(d) Non-family member employees in
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3951
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any aggrieved party may obtain judicial review of a final action of the Secretary or the Board on any grievance in the district courts of the United States in accordance with the standards set forth in chapter 7 of title 5, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States). [Section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim) shall apply without limitation or exception. This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) For purposes of this subsection, the term “aggrieved party” means a grievant.
(2) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), judicial review of whether the act, omission, or condition that is the basis of the grievance violates such law, rule, regulation, or policy directive may be obtained by an aggrieved party only if such party commences a civil action, not later than 90 days after such party receives notice of the final action of the Secretary or the Board, in an appropriate district court of the United States for de novo review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4140
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Federal law — U.S. Code and appendices · legal_authorities
The Board may adopt regulations concerning its organization and procedures. Such regulations shall include provision for the following:
(1) The Board shall conduct a hearing at the request of a grievant in any case which involves—
(A) disciplinary action or the retirement of a grievant from the Service under section 4007 or 4008 of this title, or
(B) issues which, in the judgment of the Board, can best be resolved by a hearing or presentation of oral argument.
(2) The grievant, the representatives of the grievant, the exclusive representative (if the grievant is a member of the bargaining unit represented by the exclusive representative), and the representatives of the Department are entitled to be present at the hearing. The Board may, after considering the views of the parties and any other individuals connected with the grievance, decide that a hearing should be open to others. Testimony at a hearing shall be given under oath, which any Board member or individual designated by the Board shall have authority to administer.
(3) Each party (including an exclusive representative appearing in the proceedings) shall be entitled to examine and cross-examine witnesses at the hearing or by deposition and to serve interrogatories upon another party and have such interrogatories answered by the other party unless the Board finds such interrogatory irrelevant, immaterial, or unduly repetitive. Upon request of the Board, or upon a request of the grievant deemed relevant and material by the Board, an agency shall promptly make available at the hearing or by deposition any witness under its control, supervision, or responsibility, except that if the Board determines that the presence of such witness at the hearing is required for just resolution of the grievance, then the
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4136
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 See Amendment of Section note below. Measurements; reduction for special contributions; Foreign Service investigator/inspectors**
(1) The annuity of a participant shall be equal to 2 percent of his or her average 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 4056 and 4057 of this title, 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 3942(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/b&num=0&edition=prelim), to which the participant was appointed by the President and whose continuity of service in that position is interrupted prior to retirement by appointment or assignment to any other position determined by the Secretary of State to be of comparable importance. In determining the aggregate period of service upon which the annuity 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 special contribution described in [section 4045(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045/d&num=0&edition=prelim) 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.
(2) Notwithstanding the percentage limitation contained in paragraph (1) of this subsection—
(A) utilizing the definition of average pay contained in [section 8331(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/4&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4046
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement conditions; definitions**
(1) Any participant may be retired under the conditions specified in [section 4051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4051&num=0&edition=prelim) and shall be retired under the conditions specified in sections 4052 and 4053 of this title and receive benefits under this part.
(2) For the purposes of this subsection—
(A) the term “participant”, as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and
(B) the term “System”, as used in those sections, means the Foreign Service Pension System.
(3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 11 See References in Text note below. of title 5) of any member of the Service whose official duty station is outside the continental United States shall be considered to be the salary that would have been paid to the member had the member’s official duty station been Washington, D.C., including locality-based comparability payments under [section 5304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) that would have been payable to the member if the member’s official duty station had been Washington, D.C.
**(b) Voluntary or mandatory retirement with authorization for immediate annuity; computation of annuity**
(1) Any participant who retires voluntarily or mandatorily under section 4007, 4008, 4010a, 4051, 4052, or 4053 of this title under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System or for participants in the Foreign Service Pension System, and who has completed at least 5 years
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4071d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1462
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4010
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 cal-
endar years beginning after the retirement of
the member (except that in special cases, the
Secretary of State may accelerate or combine
such installments); and
(2)(A) for those participants in the Foreign
Service Retirement and Disability System, a
refund as provided in section 4055 of this title
of the contributions made by the member 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 (ex-
cluding military and naval service) may elect
to receive an annuity, computed under section
4046 of this title, commencing at age 60; and
(B) for those participants in the Foreign Serv-
ice Pension System, benefits as provided in
section 4071 of this title.
In the event that a member of the Service has
elected to receive retirement benefits under
paragraph (2) and dies before reaching age 60 (for
participants in the Foreign Service Retirement
and Disability System) or age 62 (for partici-
pants in the Foreign Service Pension System),
his or her death shall be considered a death in
service within the meaning of section 4049 of
this title.
(Pub. L. 96–465, title I, § 609, Oct. 17, 1980, 94 Stat.
2098; Pub. L. 103–236, title I, § 181(a)(3), Apr. 30,
1994, 108 Stat. 417; Pub. L. 105–277, div. G, subdiv.
B, title XXIII, § 2312(a), Oct. 21, 1998, 112 Stat.
2681–827.)
Editorial Notes
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277, § 2312(a)(2), inserted
‘‘or sec
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4010
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.