22 U.S.C. § 4002 — Establishment of selection boards

Page 1458 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4002 has general responsibility for carrying out the func- tions of the Service’’ for ‘‘individual joining the Serv- ice on or after January 1, 2017,’’. 2016—Subsec. (c)(4). Pub. L. 114–323, § 715(b)(5), struck out par. (4) which read as follows: ‘‘Not later than March 1, 2001, and every four years thereafter, the Sec- retary of State shall submit a report to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate which shall include a workforce plan for the subsequent five years, including projected personnel needs, by grade and by skill. Each such plan shall include for each category the needs for foreign language proficiency, geographic and functional expertise, and specialist technical skills. Each work- force plan shall specifically account for the training needs of Foreign Service personnel and shall delineate an intake program of generalist and specialist Foreign Service personnel to meet projected future require- ments.’’ Pub. L. 114–291 substituted ‘‘include a workforce plan’’ for ‘‘include the following: ‘‘(A) A description of the steps taken and planned in furtherance of— ‘‘(i) maximum compatibility among agencies uti- lizing the Foreign Service personnel system, as pro- vided for in section 3923 of this title, and ‘‘(ii) the development of uniform policies and pro- cedures and consolidated personnel functions, as provided for in section 3924 of this title. ‘‘(B) A workforce plan’’. Subsec. (c)(5). Pub. L. 114–323, § 715(b)(5), struck out par. (5) which read as follows: ‘‘If there are substantial modifications to any workforce plan under paragraph (4)(B) during any year in which a report under para- graph (4) is not required, a supplemental annual notifi- cation shall be submitted in the same manner as re- ports are required to be submitted under paragraph (4).’’ Subsec. (c)(6). Pub. L. 114–323, § 403, added par. (6). 1999—Subsec. (c)(4), (5). Pub. L. 106–113 added pars. (4) and (5) and struck out former par. (4), which required report not later than Mar. 1 of each year, describing steps taken and planned in furtherance of compat- ibility and development of uniform procedures and con- solidated personnel functions, specifying upper and lower limits planned for recruitment, retention, and advancement of members, and specifying numbers of members assigned to positions more than one grade higher or lower than the member. 1994—Subsec. (b). Pub. L. 103–236, which directed amendment of par. (2) by striking ‘‘and’’ the last place it appears and by inserting ‘‘and other members of the Service’’ after ‘‘categories of career candidates,’’, was executed by striking ‘‘and’’ after ‘‘categories of career members,’’ and making the insertion in concluding pro- visions below par. (2), to reflect the probable intent of Congress. 1987—Subsec. (c)(4). Pub. L. 100–204 added par. (4). Statutory Notes and Related Subsidiaries REPORTS ELIMINATED Pub. L. 104–66, title II, § 2241, Dec. 21, 1995, 109 Stat. 733, which provided that reports required under section 4001(c)(4) of this title would not cover activities of the United States Information Agency, was repealed by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(5), Oct. 21, 1998, 112 Stat. 2681–790. LANGUAGE TRAINING IN FOREIGN SERVICE Pub. L. 102–138, title I, § 155, Oct. 28, 1991, 105 Stat. 675, as amended by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(q), Oct. 21, 1998, 112 Stat. 2681–789, provided that: ‘‘The Department of State and the Department of Commerce shall ensure that the precepts for promotion of Foreign Service employees provide that end-of-train- ing reports for employees in full-time language train- ing shall be weighed as heavily as the annual employee efficiency reports, in order to ensure that employees in language training are not disadvantaged in the pro- motion process.’’ FOREIGN SERVICE PROMOTION PANELS Pub. L. 101–246, title I, § 163, Feb. 16, 1990, 104 Stat. 47, as amended by Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412, provided that: ‘‘It is the sense of the Con- gress that, to the greatest extent possible, Foreign Service promotion panels should— ‘‘(1) only promote candidates to the Senior Foreign Service who have demonstrated foreign language pro- ficiency in at least one language at the General Pro- fessional Speaking Proficiency level, as defined by the George P. Shultz National Foreign Affairs Train- ing Center; ‘‘(2) strive for the objective stipulated in the For- eign Service Manual ‘to be able to use two foreign languages at a minimum professional level of pro- ficiency of S–3/R–3, which is the general professional speaking proficiency level’; and ‘‘(3) have at least one person on each Foreign Serv- ice promotion panel who has attained at least the General Professional Speaking Proficiency level in one language level.’’ LANGUAGE PROFICIENCY IN EMPLOYEE EVALUATION REPORT Pub. L. 101–246, title I, § 164, Feb. 16, 1990, 104 Stat. 47, required revision of employee and officer evaluation re- ports for Foreign Service officers of Department of State and Agency for International Development to in- clude separate assessment of employee’s effectiveness in using foreign language and required that precedence in promotion be given to officers achieving certain lev- els of proficiency in foreign language, prior to repeal by Pub. L. 103–236, title I, § 191(b), Apr. 30, 1994, 108 Stat. 418. See section 191(a) of Pub. L. 103–236, set out as a note under section 3926 of this title. § 4002. Establishment of selection boards (a) Evaluation of performance; recommendations The Secretary shall establish selection boards to evaluate the performance of members of the Senior Foreign Service and members of the Service assigned to a salary class in the Foreign Service Schedule. Selection boards shall, in ac- cordance with precepts prescribed by the Sec- retary, rank the members of a salary class on the basis of relative performance and may make recommendations for— (1) promotions in accordance with section 4001 of this title; (2) awards of performance pay under section 3965(c) of this title; (3) denials of within-class step increases under section 3966(a) of this title; (4) offer or renewal of limited career exten- sions under section 4007(b) of this title; and (5) such other actions as the Secretary may prescribe by regulation. (b) Public members; appointment of women and minority groups All selection boards established under this sec- tion shall include public members. The Sec- retary shall assure that a substantial number of women and members of minority groups are ap- pointed to each selection board established under this section. (c) Disqualification for service on foreign service selection boards No public members appointed pursuant to this section may be, at the time of their appoint- ment or during their appointment, an agent of a Page 1459 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4003 foreign principal (as defined by section 611(b) of this title) or a lobbyist for a foreign entity (as defined in section 1602(6) of title 2) or receive in- come from a government of a foreign country. (Pub. L. 96–465, title I, § 602, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 101–246, title I, § 142, Feb. 16, 1990, 104 Stat. 36; Pub. L. 104–65, § 12(c), Dec. 19, 1995, 109 Stat. 701.) Editorial Notes AMENDMENTS 1995—Subsec. (c). Pub. L. 104–65 inserted ‘‘or a lob- byist for a foreign entity (as defined in section 1602(6) of title 2)’’ before ‘‘or receive income’’. 1990—Subsec. (c). Pub. L. 101–246 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress. § 4003. Recommendations and rankings (a) Recommendations and rankings by selec- tion boards shall be based upon records of the character, ability, conduct, quality of work, in- dustry, experience, dependability, usefulness, and general performance of members of the Service. Such records may include reports pre- pared by or on behalf of the Inspector General of the Department of State and the Foreign Serv- ice, performance evaluation reports of super- visors, records of commendations, reports of lan- guage test scores from the George P. Shultz Na- tional Foreign Affairs Training Center, awards, reprimands, and other disciplinary actions, and (with respect to members of the Senior Foreign Service) records of current and prospective as- signments. (b) Precepts for selection boards shall include a description of the needs of the Service for per- formance requirements, skills, and qualities, which are to be considered in recommendations for promotion. The precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service shall em- phasize performance which demonstrates the strong policy formulation capabilities, execu- tive leadership qualities, and highly developed functional and area expertise, which are re- quired for the Senior Foreign Service. The pre- cepts for selection boards shall include, whether the member of the Service or the member of the Senior Foreign Service, as the case may be, and when occupying positions for which the fol- lowing is, to any degree, an element of the mem- ber’s duties, has demonstrated— (1) a willingness and ability to explain United States policies in person and through the media; (2) experience serving at an international or- ganization, multilateral institution, or engag- ing in multinational negotiations; (3) willingness to serve in hardship posts overseas where applicable and across geo- graphically distinct regions; (4) experience advancing policies or devel- oping expertise that enhance the United States’ competitiveness with regard to critical and emerging technologies; (5) willingness to participate in appropriate and relevant professional development oppor- tunities offered by the Foreign Service Insti- tute or other educational institutions associ- ated with the Department; (6) willingness to enable and encourage sub- ordinates at various levels to avail themselves of appropriate and relevant professional devel- opment opportunities offered by the Foreign Service Institute or other educational institu- tions associated with the Department; (7) a willingness and ability to regularly and meaningfully engage with civil society and other local actors in country; (8) other demonstrated experience in public diplomacy; or (9) the ability to effectively manage and as- sess risk associated with the conduct of diplo- matic operations. (c)(1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may sub- mit to such selection board a gap memo in ad- vance of such evaluation. (2) Members of a selection board may not con- sider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member. (3) In this subsection, the term ‘‘gap memo’’ means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be eval- uated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Di- rector General in consultation with the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Re- lations of the Senate. (Pub. L. 96–465, title I, § 603, Oct. 17, 1980, 94 Stat. 2095; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412; Pub. L. 108–458, title VII, § 7110(c), Dec. 17, 2004, 118 Stat. 3794; Pub. L. 117–81, div. E, title LIII, § 5325(a), Dec. 27, 2021, 135 Stat. 2370; Pub. L. 117–263, div. I, title XCIII, § 9302(k), Dec. 23, 2022, 136 Stat. 3889; Pub. L. 118–31, div. F, title LXII, § 6201, Dec. 22, 2023, 137 Stat. 971.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(2) to (9). Pub. L. 118–31 added pars. (2) to (6) and redesignated former pars. (2) to (4) as (7) to (9), respectively. 2022—Subsec. (b). Pub. L. 117–263, § 9302(k)(1), inserted ‘‘and when occupying positions for which the following is, to any degree, an element of the member’s duties,’’ after ‘‘as the case may be,’’ in introductory provisions. Subsec. (b)(1). Pub. L. 117–263, § 9302(k)(2), substituted semicolon at end for ‘‘when occupying positions for which such willingness and ability is, to any degree, an element of the member’s duties, or’’. Subsec. (b)(2), (3). Pub. L. 117–263, § 9302(k)(3), (4), added pars. (2) and (3) and struck out former par. (2) which read as follows: ‘‘other experience in public di- plomacy.’’ Subsec. (b)(4). Pub. L. 117–263, § 9302(k)(5), which di- rected that par. (4) be added after par. (3) ‘‘as redesig-