Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4001. Promotions
Statutory text
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.
Recommendations and rankings of selection boards
Except as provided in section 4006(a) of this title, promotions of—
members of the Senior Foreign Service, and
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.
Eligibility; request for promotion; time of consideration; withdrawal of request; basis for decision; affidavits
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 A request by a member for consideration for promotion into the Senior Foreign Service under this subsection may be withdrawn by the member, but if it is withdrawn, that member may not thereafter request consideration for promotion into the Senior Foreign Service.
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 regular, predictable flow of recruitment in the Service;
effective career development patterns to meet the needs of the Service; and
a regular, predictable flow of talent upward through the ranks and into the Senior Foreign Service.
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.
, (5) Repealed. Pub. L. 114–323, title VII, § 715(b)(5), , 130 Stat. 1946.
The promotion, on or after , 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—
a global affairs bureau; or
a global affairs position.
The requirements under subparagraph (A) shall not apply if the Secretary certifies that the individual proposed for promotion to the Senior Foreign Service—
has met all other requirements applicable to such promotion; and
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.
In this paragraph—
the term “global affairs bureau” means any bureau of the Department that is under the responsibility of—
the Under Secretary for Economic Growth, Energy, and Environment;
the Under Secretary for Arms Control and International Security Affairs;
the Under Secretary for Management;
the Assistant Secretary for International Organization Affairs;
the Under Secretary for Public Diplomacy and Public Affairs; or
the Under Secretary for Civilian, Security, Democracy, and Human Rights; and
the term “global affairs position” means any position funded with amounts appropriated to the Department under the heading “Diplomatic Policy and Support”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 601 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4001
Pub. L. 96–465, title I, § 601, Oct. 17, 1980, 94 Stat. 2094
Source evidence
Code source credit
Pub. L. 96–465, title I, § 601, Oct. 17, 1980, 94 Stat. 2094Enacted provision · exact public law section
Sec. 601. Promotions.— (a) Career members of the Senior Foreign Service are promoted by appointment under section 302(a) 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 303 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 302(a) as career members of the Senior Foreign Service or by assignment under section 404 to a higher salary class in the Foreign Service Schedule. (b) Except as provided in section 606(a), 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 602, except that the Secretary may by regulation specify categories of career members, and categories of career candidates, assigned to salary classes in the Foreign Service Schedule who may receive promotions on the basis of satisfactory performance. (c) (1) Promotions into the Senior Foreign Service shall be recommended Senior Foreign Service, promotion and retention. 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 607(a)) 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, United States Code, 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.Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
Pub. L. 100–204 title I § 185(b) · 101 Stat. 1331
Added · 22 U.S.C. § 4001(c)(4)
Pub. L. 100–204 added par. (4)
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 100–204 added par. (4).Enacted provision · exact public law section
(b) Report on Use of Foreign Service Personnel by Federal Agencies.— Section 601(c) of such Act (22 U.S.C. 4001(c)) is amended by adding at the end thereof the following new paragraph: “(4) Not later than March 1 of each year, the Secretary 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— “(A) describe the steps taken and planned in furtherance of— “(i) maximum compatibility among agencies utilizing the Foreign Service personnel system, as provided for in section 203, and “(ii) the development of uniform policies and procedures and consolidated personnel functions, as provided for in section 204; “(B) specify the upper and lower limits planned by each such agency for recruitment, advancement, and retention of members of the Service, as provided for in section 601(c)(2), including, with respect to each of the relevant promotion competition groups, the projected ranges of rates of appointment, promotion, and attrition over each of the next 5 fiscal years, as well as a comparison of such projections with the projections for the preceding year and with actual rates of appointment, promotion, and attrition, including a full explanation of any deviations from projections reported in the preceding year; and “(C) specify the numbers of members of the Service who are assigned to positions classified under section 501 which are more than one grade higher or lower than the personal rank of the member.”.Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
Pub. L. 103–236 title I § 180(a)(6) · 108 Stat. 382
Struck and inserted · 22 U.S.C. § 4001(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 provisions below par. (2), to reflect the probable intent of Congress
Source evidence
Code amendment note
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 provisions below par. (2), to reflect the probable intent of Congress.Enacted provision · exact public law section
(6) Section 601(b)(2) of such Act is amended— (A) by striking “and” the last place it appears; and (B) by inserting “and other members of the Service” after “categories of career candidates,”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tIII)(s326) · 113 Stat. 1501
Added · 22 U.S.C. § 4001(c)(4); 22 U.S.C. § 4001(c)(5)
Pub. L. 106–113 added pars. (4) and (5)
Struck · 22 U.S.C. § 4001(c)(4); 22 U.S.C. § 4001(c)(5)
Pub. L. 106–113 struck out former par. (4), which required report not later than Mar. 1 of each year, describing steps taken and planned in furtherance of compatibility and development of uniform procedures and consolidated 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
Source evidence
Code amendment note
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 compatibility and development of uniform procedures and consolidated 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.Department of State Authorities Act, Fiscal Year 2017
Pub. L. 114–323 § 715(b)(5) · 130 Stat. 1905
Struck · 22 U.S.C. § 4001(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 Secretary 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 workforce 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 requirements.”
Source evidence
Code amendment note
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 Secretary 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 workforce 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 requirements.”Enacted provision · exact public law section
(5) Subsection (c) of section 601 of the Foreign Service Act of 1980 (22 U.S.C. 4001) is amended by striking paragraphs (4) and (5).United States–Caribbean Strategic Engagement Act of 2016
Pub. L. 114–291 § 6 · 130 Stat. 1497
Substituted · 22 U.S.C. § 4001(c)(4)
Pub. L. 114–291 substituted “include a workforce plan” for “include the following:
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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 utilizing the Foreign Service personnel system, as provided for in section 3923 of this title, and “(ii) the development of uniform policies and procedures and consolidated personnel functions, as provided for in section 3924 of this title. “(B) A workforce plan”.
Enacted provision · exact public law section
SEC. 6. REPORTING COST OFFSET. Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)(4)) is amended by striking “the following:” and all that follows through “(B) A workforce plan” and inserting “a workforce plan”.Department of State Authorities Act, Fiscal Year 2017
Pub. L. 114–323 § 715(b)(5) · 130 Stat. 1905
Struck · 22 U.S.C. § 4001(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 paragraph (4) is not required, a supplemental annual notification shall be submitted in the same manner as reports are required to be submitted under paragraph (4).”
Source evidence
Code amendment note
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 paragraph (4) is not required, a supplemental annual notification shall be submitted in the same manner as reports are required to be submitted under paragraph (4).”Enacted provision · exact public law section
(5) Subsection (c) of section 601 of the Foreign Service Act of 1980 (22 U.S.C. 4001) is amended by striking paragraphs (4) and (5).Department of State Authorities Act, Fiscal Year 2017
Pub. L. 114–323 § 403 · 130 Stat. 1905
Added · 22 U.S.C. § 4001(c)(6)
Pub. L. 114–323, § 403, added par. (6)
Source evidence
Code amendment note
Subsec. (c)(6). Pub. L. 114–323, § 403, added par. (6).Enacted provision · exact public law section
SEC. 403. PROMOTION TO THE SENIOR FOREIGN SERVICE. Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)) is amended by adding at the end the following new paragraph: “(6) (A) The promotion of any individual joining the Service on or after January 1, 2017, 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’.” .Department of State Authorization Act of 2021
Pub. L. 117–81 div. E title LIII § 5307 · 135 Stat. 1541
Substituted · 22 U.S.C. § 4001(c)(6)(A)
Pub. L. 117–81, in introductory provisions, substituted “promotion, on or after January 1, 2017,” for “promotion”
Substituted · 22 U.S.C. § 4001(c)(6)(A)
Pub. L. 117–81, in introductory provisions, substituted “Foreign Service officer, appointed under section 3942(a)(1) of this title, who has general responsibility for carrying out the functions of the Service” for “individual joining the Service on or after January 1, 2017,”
Source evidence
Code amendment note
Subsec. (c)(6)(A). Pub. L. 117–81, in introductory provisions, substituted “promotion, on or after January 1, 2017,” for “promotion” and “Foreign Service officer, appointed under section 3942(a)(1) of this title, who has general responsibility for carrying out the functions of the Service” for “individual joining the Service on or after January 1, 2017,”.Enacted provision · exact public law section
SEC. 5307. TECHNICAL CORRECTION. Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause (i), by— (1) striking “promotion” and inserting “promotion, on or after January 1, 2017,”; and (2) striking “individual joining the Service on or after January 1, 2017,” and inserting “Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service”.
9 of 11 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1987–2021 · 5 rounds
2021
Subsec. (c)(6)(A). Pub. L. 117–81, in introductory provisions, substituted “promotion, on or after ,” for “promotion” and “Foreign Service officer, appointed under section 3942(a)(1) of this title, who has general responsibility for carrying out the functions of the Service” for “individual joining the Service on or after ,”.
2016
Subsec. (c)(4). Pub. L. 114–323, § 715(b)(5), struck out par. (4) which read as follows: “Not later than , and every four years thereafter, the Secretary 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 workforce 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 requirements.”
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 utilizing the Foreign Service personnel system, as provided for in section 3923 of this title, and
“(ii) the development of uniform policies and procedures 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 paragraph (4) is not required, a supplemental annual notification shall be submitted in the same manner as reports 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 compatibility and development of uniform procedures and consolidated 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 provisions 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, , 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), , 112 Stat. 2681–790.
Language Training in Foreign Service
Pub. L. 102–138, title I, § 155, , 105 Stat. 675, as amended by Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(q), , 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-training reports for employees in full-time language training 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 promotion process.”
Foreign Service Promotion Panels
Pub. L. 101–246, title I, § 163, , 104 Stat. 47, as amended by Pub. L. 107–132, § 1(b), , 115 Stat. 2412, provided that:
“It is the sense of the Congress 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 proficiency in at least one language at the General Professional Speaking Proficiency level, as defined by the George P. Shultz National Foreign Affairs Training Center;
“(2) strive for the objective stipulated in the Foreign Service Manual ‘to be able to use two foreign languages at a minimum professional level of proficiency of S–3/R–3, which is the general professional speaking proficiency level’; and
“(3) have at least one person on each Foreign Service 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, , 104 Stat. 47, required revision of employee and officer evaluation reports for Foreign Service officers of Department of State and Agency for International Development to include separate assessment of employee’s effectiveness in using foreign language and required that precedence in promotion be given to officers achieving certain levels of proficiency in foreign language, prior to repeal by Pub. L. 103–236, title I, § 191(b), , 108 Stat. 418. See section 191(a) of Pub. L. 103–236, set out as a note under section 3926 of this title.
Credits
1980–2021 · 7 acts
- 1980Pub. L. 96–465, title I, § 601, , 94 Stat. 2094
- 1987Pub. L. 100–204, title I, § 185(b), , 101 Stat. 1366
- 1994Pub. L. 103–236, title I, § 180(a)(6), , 108 Stat. 416
- 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 326], , 113 Stat. 1536, 1501A–437
- 2016Pub. L. 114–291, § 6, , 130 Stat. 1498
- 2016Pub. L. 114–323, title IV, § 403, title VII, § 715(b)(5), , 130 Stat. 1927, 1946
- 2021Pub. L. 117–81, div. E, title LIII, § 5307, , 135 Stat. 2362.
Show as published
(Pub. L. 96–465, title I, § 601, , 94 Stat. 2094; Pub. L. 100–204, title I, § 185(b), , 101 Stat. 1366; Pub. L. 103–236, title I, § 180(a)(6), , 108 Stat. 416; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 326], , 113 Stat. 1536, 1501A–437; Pub. L. 114–291, § 6, , 130 Stat. 1498; Pub. L. 114–323, title IV, § 403, title VII, § 715(b)(5), , 130 Stat. 1927, 1946; Pub. L. 117–81, div. E, title LIII, § 5307, , 135 Stat. 2362.)