22 U.S.C. § 4007 — Retirement for expiration of time in class

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- Page 1461 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4009 signed to salary classes in the Foreign Service Schedule to which Foreign Service officers may also be assigned. (2) Maximum time in class limitations under this subsection (which may not be less than 3 years for career members of the Senior Foreign Service) may apply with respect to the time a member may remain in a single salary class or in a combination of salary classes. (3) The Secretary may, by regulation, increase or decrease any maximum time in class estab- lished under this subsection as the needs of the Service may require. If maximum time in class is decreased, the Secretary shall provide any member of the Service who is in a category and salary class subject to the new time in class lim- itation an opportunity to remain in class (not- withstanding the new limitation) for a period which is at least as long as the shorter of— (A) the period which the member would have been permitted to remain in class but for the decrease in maximum time in class, or (B) such minimum period as the Secretary determines is necessary to provide members of the Service who are in the same category and salary class as that member a reasonable op- portunity to be promoted into the next higher class or combination of classes, as the case may be. (b) Limited career extension Members of the Service whose maximum time in class under subsection (a) expires— (1) after they have attained the highest sal- ary class for their respective occupational cat- egories, or (2) in the case of members of the Senior For- eign Service, while they are in salary classes designated by the Secretary, may continue to serve only under limited extentions of their career appointments. Such limited extensions may not exceed 5 years in du- ration and may be granted and renewed by the Secretary in accordance with the recommenda- tions of selection boards established under sec- tion 4002 of this title. Members of the Service serving under such limited career extensions shall continue to be career members of the Serv- ice. (c) Members subject to retirement; reception of retirement benefits Any member of the Service— (1) whose maximum time in class under sub- section (a) expires and who is not promoted to a higher class or combination of classes, as the case may be, or (2) whose limited career extension under subsection (b) expires and is not renewed, shall be retired from the Service and receive benefits in accordance with section 4009 of this title, subject to any career extension under sub- section (d) of this section. (d) Extensions Notwithstanding any other provision of this section— (1) the career appointment of a member of the Service whose maximum time in class under subsection (a) expires, or whose limited career extension under subsection (b) expires, while that member is occupying a position to which he or she was appointed by the Presi- dent, by and with the advice and consent of the Senate, shall be extended until the ap- pointment to that position is terminated; and (2) if the Secretary determines it to be in the public interest, the Secretary may extend temporarily the career appointment of a ca- reer member of the Service whose maximum time in class or limited career extension ex- pires, but in no case may any extension under this paragraph exceed one year and such ex- tensions may be granted only in special cir- cumstances. (Pub. L. 96–465, title I, § 607, Oct. 17, 1980, 94 Stat. 2096.) § 4008. Retirement based on failure to meet standard of performance (a) The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selec- tion board review indicates that the perform- ance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an oppor- tunity for the member to be heard. (b) In any case where the administrative re- view conducted under subsection (a) substan- tiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accord- ance with section 4009 of this title. (Pub. L. 96–465, title I, § 608, Oct. 17, 1980, 94 Stat. 2097.) § 4009. Retirement benefits (a) Entitlement A member of the Service— (1) who is retired under section 4007(c)(2) of this title; or (2) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title— (A) after becoming eligible for voluntary retirement under section 4051 of this title or any other applicable provision of chapter 84 of title 5, or (B) from the Senior Foreign Service or while assigned to class 1 in the Foreign Service Schedule, shall receive retirement benefits in accordance with section 4046 of this title or section 4071d of this title, as appropriate. (b) Computation of amount; refund; death of member Any member of the Service (other than a member to whom subsection (a) applies) who is retired under section 4007(c)(1) or 4008(b) or 4010a of this title shall receive— (1) one-twelfth of a year’s salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year’s salary at his or her then current salary rate,