§ 4001. Promotions

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(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 A request by a member for consideration for promotion into the Senior Foreign Service under this subsection may be withdrawn by the member, but if it is withdrawn, that member may not thereafter request consideration for promotion into the Senior Foreign Service.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),

(5)Repealed. Pub. L. 114–323, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1946.

(A)The promotion, on or after January 1, 2017, 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—

(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”.

(Pub. L. 96–465, title I, § 601, Oct. 17, 1980, 94 Stat. 2094; Pub. L. 100–204, title I, § 185(b), Dec. 22, 1987, 101 Stat. 1366; Pub. L. 103–236, title I, § 180(a)(6), Apr. 30, 1994, 108 Stat. 416; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 326], Nov. 29, 1999, 113 Stat. 1536, 1501A–437; Pub. L. 114–291, § 6, Dec. 16, 2016, 130 Stat. 1498; Pub. L. 114–323, title IV, § 403, title VII, § 715(b)(5), Dec. 16, 2016, 130 Stat. 1927, 1946; Pub. L. 117–81, div. E, title LIII, § 5307, Dec. 27, 2021, 135 Stat. 2362.)

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