Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4003. Recommendations and rankings
Statutory text
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.
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—
a willingness and ability to explain United States policies in person and through the media;
experience serving at an international organization, multilateral institution, or engaging in multinational negotiations;
willingness to serve in hardship posts overseas where applicable and across geographically distinct regions;
experience advancing policies or developing expertise that enhance the United States’ competitiveness with regard to critical and emerging technologies;
willingness to participate in appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department;
willingness to enable and encourage subordinates at various levels to avail themselves of appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department;
a willingness and ability to regularly and meaningfully engage with civil society and other local actors in country;
other demonstrated experience in public diplomacy; or
the ability to effectively manage and assess risk associated with the conduct of diplomatic operations.
A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation.
Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph (1) when evaluating the performance of such member.
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 evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
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 § 603 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4003
Pub. L. 96–465, title I, § 603, Oct. 17, 1980, 94 Stat. 2095
Source evidence
Code source credit
Pub. L. 96–465, title I, § 603, Oct. 17, 1980, 94 Stat. 2095Enacted provision · exact public law section
Sec. 603. Basis for Selection Board Review.— (a) Recommendations 22 USC 4003. 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 Foreign Service Institute, 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 quali-ties, 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.Pub. L. 107–132 § 1(b) · 115 Stat. 2412
Substituted · 22 U.S.C. § 4003(a)
Pub. L. 107–132 substituted “George P. Shultz National Foreign Affairs Training Center” for “Foreign Service Institute”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–132 substituted “George P. Shultz National Foreign Affairs Training Center” for “Foreign Service Institute”.Enacted provision · exact public law section
(b) 7 USC 1766b, 10 USC 2002, 22 USC 2056, 4001 note, 4003, 4021 note, 4171, 4171 note, 4903, 6101, 6473. Any reference in any provision of law to the National Foreign Affairs Training Center or the Foreign Service Institute shall be considered to be a reference to the “George P. Shultz National Foreign Affairs Training Center”.9/11 Commission Implementation Act of 2004
Pub. L. 108–458 title VII § 7110(c) · 118 Stat. 3638
Inserted · 22 U.S.C. § 4003(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 demonstrated—” and pars. (1) and (2)
Source evidence
Code amendment note
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 demonstrated—” and pars. (1) and (2).Enacted provision · exact public law section
(c) Public Diplomacy Suggested for Promotion in Foreign Service.— Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended by adding at the end the following: “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 demonstrated— (1) a willingness and ability to explain United States policies in person and through the media when occupying positions for which such willingness and ability is, to any degree, an element of the member’s duties, or (2) other experience in public diplomacy.Department of State Authorization Act of 2021
Pub. L. 117–81 div. E title LIII § 5325(a) · 135 Stat. 1541
Added · 22 U.S.C. § 4003(c)
Pub. L. 117–81 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–81 added subsec. (c).Enacted provision · exact public law section
(a) In General.— Section 603 of the Foreign Service Act of 1980 (22 U.S.C. 4003) is amended by adding at the end the following new subsection: “(c) (1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. “(2) Members of a selection board may not consider 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 evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.” .Diplomatic Support and Security Act of 2022
Pub. L. 117–263 § 9302(k)(1) · 136 Stat. 2395
Inserted · 22 U.S.C. § 4003(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) in the third sentence of the matter preceding paragraph (1), by inserting “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,”;Diplomatic Support and Security Act of 2022
Pub. L. 117–263 § 9302(k)(2) · 136 Stat. 2395
Substituted · 22 U.S.C. § 4003(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in paragraph (1), by striking “when occupying positions for which such willingness and ability is, to any degree, an element of the member’s duties, or” and inserting a semicolon;Diplomatic Support and Security Act of 2022
Pub. L. 117–263 § 9302(k)(3) · 136 Stat. 2395
Added · 22 U.S.C. § 4003(b)(2); 22 U.S.C. § 4003(b)(3)
Pub. L. 117–263, § 9302(k)(3), (4), added pars. (2) and (3)
Struck · 22 U.S.C. § 4003(b)(2); 22 U.S.C. § 4003(b)(3)
Pub. L. 117–263, § 9302(k)(3), (4), struck out former par. (2) which read as follows: “other experience in public diplomacy.”
Source evidence
Code amendment note
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 diplomacy.”Enacted provision · exact public law section
(3) by striking paragraph (2) and inserting the following: “(3) other demonstrated experience in public diplomacy; or” ;Diplomatic Support and Security Act of 2022
Pub. L. 117–263 § 9302(k)(5) · 136 Stat. 2395
Redesignated · 22 U.S.C. § 4003(b)(4)
Pub. L. 117–263, § 9302(k)(5), which directed that par. (4) be added after par. (3) “as redesignated”, was executed by adding par. (4) after par. (3) as added by Pub. L. 117–263, § 9302(k)(3), to reflect the probable intent of Congress. See above
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 117–263, § 9302(k)(5), which directed that par. (4) be added after par. (3) “as redesignated”, was executed by adding par. (4) after par. (3) as added by Pub. L. 117–263, § 9302(k)(3), to reflect the probable intent of Congress. See above.Enacted provision · exact public law section
(5) by inserting after paragraph (3), as redesignated, the following: “(4) the ability to effectively manage and assess risk associated with the conduct of diplomatic operations.” .Department of State Authorization Act of 2023
Pub. L. 118–31 div. F title LXII § 6201 · 137 Stat. 136
Added · 22 U.S.C. § 4003(b)(2)(9)
Pub. L. 118–31 added pars. (2) to (6)
Redesignated · 22 U.S.C. § 4003(b)(2)(9)
Pub. L. 118–31 redesignated former pars. (2) to (4) as (7) to (9), respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS. Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended— (1) by redesignating paragraph (2), (3), and (4) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (1) the following new paragraphs: “(2) experience serving at an international organization, multilateral institution, or engaging in multinational negotiations; “(3) willingness to serve in hardship posts overseas where applicable and across geographically distinct regions; “(4) experience advancing policies or developing expertise that enhance the United States’ competitiveness with regard to critical and emerging technologies; “(5) willingness to participate in appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department; “(6) willingness to enable and encourage subordinates at various levels to avail themselves of appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department;” .
11 of 11 references resolved to an enrolled provision
Editorial Notes
Amendments2002–2023 · 5 rounds
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 diplomacy.”
Subsec. (b)(4). Pub. L. 117–263, § 9302(k)(5), which directed that par. (4) be added after par. (3) “as redesignated”, was executed by adding par. (4) after par. (3) as added by Pub. L. 117–263, § 9302(k)(3), to reflect the probable 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 demonstrated—” 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
Change of Name
References to Foreign Service Institute considered to refer to George P. Shultz National Foreign Affairs Training Center, see section 1(b) of Pub. L. 107–132, set out as a note under section 4021 of this title.
Consultation and Guidance
Pub. L. 117–81, div. E, title LIII, § 5325(b), , 135 Stat. 2370, provided that:
“(1) Consultation.—
Not later than 30 days after the date of the enactment of this Act [], the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations 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.”
Credits
1980–2023 · 6 acts
- 1980Pub. L. 96–465, title I, § 603, , 94 Stat. 2095
- 2002Pub. L. 107–132, § 1(b), , 115 Stat. 2412
- 2004Pub. L. 108–458, title VII, § 7110(c), , 118 Stat. 3794
- 2021Pub. L. 117–81, div. E, title LIII, § 5325(a), , 135 Stat. 2370
- 2022Pub. L. 117–263, div. I, title XCIII, § 9302(k), , 136 Stat. 3889
- 2023Pub. L. 118–31, div. F, title LXII, § 6201, , 137 Stat. 971.
Show as published
(Pub. L. 96–465, title I, § 603, , 94 Stat. 2095; Pub. L. 107–132, § 1(b), , 115 Stat. 2412; Pub. L. 108–458, title VII, § 7110(c), , 118 Stat. 3794; Pub. L. 117–81, div. E, title LIII, § 5325(a), , 135 Stat. 2370; Pub. L. 117–263, div. I, title XCIII, § 9302(k), , 136 Stat. 3889; Pub. L. 118–31, div. F, title LXII, § 6201, , 137 Stat. 971.)