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22 U.S.C. § 4006 — Other bases for promoting or increasing
Federal law — U.S. Code and appendices · legal_authorities
Page 1460
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4004
nated’’, was executed by adding par. (4) after par. (3) as
added by Pub. L. 117–263, § 9302(k)(3), to reflect the prob-
able intent of Congress. See above.
2021—Subsec. (c). Pub. L. 117–81 added subsec. (c).
2004—Subsec. (b). Pub. L. 108–458 inserted at end ‘‘The
precepts for selection boards shall include, whether the
member of the Service or the member of the Senior
Foreign Service, as the case may be, has dem-
onstrated—’’ and pars. (1) and (2).
2002—Subsec. (a). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
Statutory Notes and Related Subsidiaries
CONSULTATION AND GUIDANCE
Pub. L. 117–81, div. E, title LIII, § 5325(b), Dec. 27, 2021,
135 Stat. 2370, provided that:
‘‘(1) CONSULTATION.—Not later than 30 days after the
date of the enactment of this Act [Dec. 27, 2021], the Di-
rector General of the Foreign Service shall consult
with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Rela-
tions of the Senate regarding the development of the
gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003), as added by
subsection (a) of this section.
‘‘(2) DEFINITION.—In this subsection, the term ‘gap
memo’ has the meaning given such term in subsection
(c) of section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003), as added by subsection (a) of this section.’’
§ 4004. Records
(a) The records described in section 4003(a) of
this title shall be maintained in accordance with
regulations prescribed by the Secretary. Except
to the extent that they pertain to the receipt,
disbursement, and accounting for public funds,
such records
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4006
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Source file: Laws/federal/codes/united-states-code-2024/title-22/section-4006-other-bases-for-promoting-or-increasing--5ade43f18b.md
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Source location: USCODE-2024-title22-chap52-subchapVI-sec4006.pdf
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Page 1460
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4004
nated’’, was executed by adding par. (4) after par. (3) as
added by Pub. L. 117–263, § 9302(k)(3), to reflect the prob-
able intent of Congress. See above.
2021—Subsec. (c). Pub. L. 117–81 added subsec. (c).
2004—Subsec. (b). Pub. L. 108–458 inserted at end ‘‘The
precepts for selection boards shall include, whether the
member of the Service or the member of the Senior
Foreign Service, as the case may be, has dem-
onstrated—’’ and pars. (1) and (2).
2002—Subsec. (a). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
Statutory Notes and Related Subsidiaries
CONSULTATION AND GUIDANCE
Pub. L. 117–81, div. E, title LIII, § 5325(b), Dec. 27, 2021,
135 Stat. 2370, provided that:
‘‘(1) CONSULTATION.—Not later than 30 days after the
date of the enactment of this Act [Dec. 27, 2021], the Di-
rector General of the Foreign Service shall consult
with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Rela-
tions of the Senate regarding the development of the
gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003), as added by
subsection (a) of this section.
‘‘(2) DEFINITION.—In this subsection, the term ‘gap
memo’ has the meaning given such term in subsection
(c) of section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003), as added by subsection (a) of this section.’’
§ 4004. Records
(a) The records described in section 4003(a) of
this title shall be maintained in accordance with
regulations prescribed by the Secretary. Except
to the extent that they pertain to the receipt,
disbursement, and accounting for public funds,
such records shall be confidential and subject to
inspection only by the President, the Secretary,
such employees of the Government as may be
authorized by law or assigned by the Secretary
to work on such records, the legislative and ap-
propriations
committees
of
the
Congress
charged with considering legislation and appro-
priations for the Service, and representatives
duly authorized by such committees. Access to
such records relating to a member of the Service
shall be granted to such member, upon written
request.
(b) Notwithstanding subsection (a), any record
of disciplinary action that includes a suspension
of more than five days taken against a member
of the Service, including any correction of that
record under section 4137(b)(1) of this title, shall
remain a part of the personnel records until the
member is tenured as a career member of the
Service or next promoted.
(Pub. L. 96–465, title I, § 604, Oct. 17, 1980, 94 Stat.
2096; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A,
title III, § 327(a)], Nov. 29, 1999, 113 Stat. 1536,
1501A–438.)
Editorial Notes
AMENDMENTS
1999—Pub. L. 106–113, in section catchline, substituted
‘‘Records’’ for ‘‘Confidentiality of records’’, designated
existing provisions as subsec. (a), and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III,
§ 327(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–438, provided
that: ‘‘The amendments made by this section [amend-
ing this section] apply to all disciplinary actions initi-
ated on or after the date of enactment of this Act [Nov.
29, 1999].’’
§ 4005. Implementation of selection board rec-
ommendations
(a) Recommendations for promotion made by
selection boards shall be submitted to the Sec-
retary in rank order by salary class or in rank
order by specialization within a salary class.
The Secretary shall make promotions and, with
respect to career appointments into or within
the Senior Foreign Service, shall make rec-
ommendations to the President for promotions,
in accordance with the rankings of the selection
boards.
(b) Notwithstanding subsection (a), in special
circumstances set forth by regulation, the Sec-
retary may remove the name of an individual
from the rank order list submitted by a selec-
tion board or delay the promotion of an indi-
vidual named in such a list.
(Pub. L. 96–465, title I, § 605, Oct. 17, 1980, 94 Stat.
2096.)
§ 4006. Other bases for promoting or increasing
pay
(a) The Secretary may pursuant to a rec-
ommendation of the Foreign Service Grievance
Board, an equal employment opportunity ap-
peals examiner, or the Special Counsel of the
Merit Systems Protection Board, and shall pur-
suant to a decision or order of the Merit Sys-
tems Protection Board—
(1) recommend to the President a promotion
of a member of the Service under section
3942(a) of this title;
(2) promote a member of the Service under
section 3943 of this title;
(3) grant performance pay to a member of
the Senior Foreign Service under section
3965(c) of this title; or
(4) grant a within-class salary increase under
section 3966 of this title to a member of the
Service who is assigned to a salary class in the
Foreign Service Schedule.
(b) In implementing subsection (a) of this sec-
tion and in cases in which the Secretary has ex-
ercised the authority of section 4005(b) of this
title,
the
Secretary
may,
in
special
cir-
cumstances set forth by regulation, make retro-
active promotions, grant performance pay,
make retroactive within-class salary increases,
and recommend retroactive promotions by the
President.
(Pub. L. 96–465, title I, § 606, Oct. 17, 1980, 94 Stat.
2096.)
§ 4007. Retirement for expiration of time in class
(a) Maximum time
(1) The Secretary shall, by regulation, estab-
lish maximum time in class limitations for—
(A) career members of the Senior Foreign
Service,
(B) Foreign Service officers, and
(C) other career members of the Service who
are in such occupational categories as may be
designated by the Secretary and who are as-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Recommendations and rankings by selection boards shall be based upon records of the character, ability, conduct, quality of work, industry, experience, dependability, usefulness, and general performance of members of the Service. Such records may include reports prepared by or on behalf of the Inspector General of the Department of State and the Foreign Service, performance evaluation reports of supervisors, records of commendations, reports of language test scores from the George P. Shultz National 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 assignments.
**(b)** Precepts for selection boards shall include a description of the needs of the Service for performance 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 emphasize performance which demonstrates the strong policy formulation capabilities, executive leadership qualities, and highly developed functional and area expertise, which are required for the Senior Foreign Service. The precepts 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 following is, to any degree, an element of the member’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 organization, multilateral institution, or engaging in multinational negotiations;
(3) willingness to serve in hardship posts
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4003
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 4003. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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 nee
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4003
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 4003. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may pursuant to a recommendation of the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board—
(1) recommend to the President a promotion of a member of the Service under [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim);
(2) promote a member of the Service under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim);
(3) grant performance pay to a member of the Senior Foreign Service under [section 3965(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965/c&num=0&edition=prelim); or
(4) grant a within-class salary increase under [section 3966 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3966&num=0&edition=prelim) to a member of the Service who is assigned to a salary class in the Foreign Service Schedule.
**(b)** In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of [section 4005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim), the Secretary may, in special circumstances set forth by regulation, make retroactive promotions, grant performance pay, make retroactive within-class salary increases, and recommend retroactive promotions by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4006
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.