Public Law 119-83 (04/13/2026)

22 U.S.C. § 4001

Promotions

(a)

Method of promotion

section 3942(a) of this titlesection 3943 of this titlesection 3942(a) of this titlesection 3964 of this titleCareer members of the Senior Foreign Service are promoted by appointment under 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 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 as career members of the Senior Foreign Service or by assignment under to a higher salary class in the Foreign Service Schedule.

(b)

Recommendations and rankings of selection boards

section 4006(a) of this titleExcept as provided in , 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),
section 4002 of this titleshall be based upon the recommendations and rankings of selection boards established under , 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)
section 4007(a) of this title 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 ) 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 A request by a member for consideration for promotion into the Senior Foreign Service under this subsection may be withdrawn by the member, but if it is withdrawn, that member may not thereafter request consideration for promotion into the Senior Foreign Service.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)
Pub. L. 114–323, title VII, § 715(b)(5)130 Stat. 1946 , (5) Repealed. , , .
(6)
(A)
section 3942(a)(1) of this title The promotion, on or after , of any Foreign Service officer, appointed under , 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, § 60194 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 Pub. L. 114–291, § 6130 Stat. 1498 Pub. L. 114–323, title IV, § 403130 Stat. 1927 Pub. L. 117–81, div. E, title LIII, § 5307135 Stat. 2362 (, , ; , , ; , , ; , , , 1501A–437; , , ; , title VII, § 715(b)(5), , , 1946; , , .)

Editorial Notes

Amendments

Pub. L. 117–81section 3942(a)(1) of this title2021—Subsec. (c)(6)(A). , in introductory provisions, substituted “promotion, on or after ,” for “promotion” and “Foreign Service officer, appointed under , who has general responsibility for carrying out the functions of the Service” for “individual joining the Service on or after ,”.

Pub. L. 114–323, § 715(b)(5)2016—Subsec. (c)(4). , 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—

section 3923 of this title“(i) maximum compatibility among agencies utilizing the Foreign Service personnel system, as provided for in , and

section 3924 of this title“(ii) the development of uniform policies and procedures and consolidated personnel functions, as provided for in .

“(B) A workforce plan”.

Pub. L. 114–323, § 715(b)(5)Subsec. (c)(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).”

Pub. L. 114–323, § 403Subsec. (c)(6). , added par. (6).

Pub. L. 106–1131999—Subsec. (c)(4), (5). 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.

Pub. L. 103–2361994—Subsec. (b). , 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.

Pub. L. 100–2041987—Subsec. (c)(4). added par. (4).

Statutory Notes and Related Subsidiaries

Reports Eliminated

Pub. L. 104–66, title II, § 2241109 Stat. 733 section 4001(c)(4) of this titlePub. L. 105–277, div. G112 Stat. 2681–790 , , , which provided that reports required under would not cover activities of the United States Information Agency, was repealed by , subdiv. A, title XIII, § 1336(5), , .

Language Training in Foreign Service

Pub. L. 102–138, title I, § 155105 Stat. 675 Pub. L. 105–277, div. G112 Stat. 2681–789

“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.”
, , , as amended by , subdiv. A, title XIII, § 1335(q), , , provided that:

Foreign Service Promotion Panels

Pub. L. 101–246, title I, § 163104 Stat. 47 Pub. L. 107–132, § 1(b)115 Stat. 2412

“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.”
, , , as amended by , , , provided that:

Language Proficiency in Employee Evaluation Report

Pub. L. 101–246, title I, § 164104 Stat. 47 Pub. L. 103–236, title I, § 191(b)108 Stat. 418 section 191(a) of Pub. L. 103–236section 3926 of this title, , , 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 , , . See , set out as a note under .