§ 4001. — Promotions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4001]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER VI--PROMOTION AND RETENTION
Sec. 4001. Promotions
(a) 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.
(b) Recommendations and rankings of selection boards
Except as provided in section 4006(a) of this title, 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 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.
(c) Eligibility; request for promotion; time of consideration;
withdrawal of request; basis for decision; affidavits
(1) 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.
(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 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.
(4) 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 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 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.
(5) 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).
(Pub. L. 96-465, title I, Sec. 601, Oct. 17, 1980, 94 Stat. 2094; Pub.
L. 100-204, title I, Sec. 185(b), Dec. 22, 1987, 101 Stat. 1366; Pub. L.
103-236, title I, Sec. 180(a)(6), Apr. 30, 1994, 108 Stat. 416; Pub. L.
106-113, div. B, Sec. 1000(a)(7) [div. A, title III, Sec. 326], Nov. 29,
1999, 113 Stat. 1536, 1501A-437.)
Amendments
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).
Reports Eliminated
Pub. L. 104-66, title II, Sec. 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,
Sec. 1336(5), Oct. 21, 1998, 112 Stat. 2681-790.
Language Training in Foreign Service
Pub. L. 102-138, title I, Sec. 155, Oct. 28, 1991, 105 Stat. 675, as
amended by Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 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-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, Sec. 163, Feb. 16, 1990, 104 Stat. 47, as
amended by Pub. L. 107-132, Sec. 1(b), Jan. 16, 2002, 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, Sec. 164, Feb. 16, 1990, 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 4002, 4173 of this title.
