Title 22 — Foreign Relations and IntercourseRelease 119-73

§4007 Retirement for expiration of time in class

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER VI— - PROMOTION AND RETENTION › § 4007

Last updated Apr 6, 2026|Official source

Summary

The Secretary must make rules that set how long career members can stay in a given pay class. The rules must cover career members of the Senior Foreign Service, Foreign Service officers, and other career staff in job categories the Secretary picks who share the same salary classes. For Senior Foreign Service members the limit cannot be less than 3 years. The limits can apply to one pay class or to a combination of classes. The Secretary can raise or lower the limits. If the Secretary lowers a limit, affected members must be allowed to stay in their class for at least the shorter of (a) the time they would have had under the old rule, or (b) whatever minimum time the Secretary decides is needed to give others in the same class a fair chance to be promoted. If a member’s time limit runs out and they are not promoted, or if a limited extension ends and is not renewed, special rules apply. If the person holds a job they were appointed to by the President with Senate approval, their career appointment continues until that job ends. The Secretary can also, in the public interest and only in special cases, extend a career appointment temporarily for up to one year.

Full Legal Text

Title 22, §4007

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)The Secretary shall, by regulation, establish maximum time in class limitations for—

(A)career members of the Senior Foreign Service,

(B)Foreign Service officers, and

(C)other career members of the Service who are in such occupational categories as may be designated by the Secretary and who are assigned to salary classes in the Foreign Service Schedule to which Foreign Service officers may also be assigned.

(2)Maximum time in class limitations under this subsection (which may not be less than 3 years for career members of the Senior Foreign Service) may apply with respect to the time a member may remain in a single salary class or in a combination of salary classes.

(3)The Secretary may, by regulation, increase or decrease any maximum time in class established under this subsection as the needs of the Service may require. If maximum time in class is decreased, the Secretary shall provide any member of the Service who is in a category and salary class subject to the new time in class limitation an opportunity to remain in class (notwithstanding the new limitation) for a period which is at least as long as the shorter of—

(A)the period which the member would have been permitted to remain in class but for the decrease in maximum time in class, or

(B)such minimum period as the Secretary determines is necessary to provide members of the Service who are in the same category and salary class as that member a reasonable opportunity to be promoted into the next higher class or combination of classes, as the case may be.

(b)Members of the Service whose maximum time in class under subsection (a) expires—

(1)after they have attained the highest salary class for their respective occupational categories, or

(2)in the case of members of the Senior Foreign Service, while they are in salary classes designated by the Secretary,

(c)Any member of the Service—

(1)whose maximum time in class under subsection (a) expires and who is not promoted to a higher class or combination of classes, as the case may be, or

(2)whose limited career extension under subsection (b) expires and is not renewed,

(d)Notwithstanding any other provision of this section—

(1)the career appointment of a member of the Service whose maximum time in class under subsection (a) expires, or whose limited career extension under subsection (b) expires, while that member is occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, shall be extended until the appointment to that position is terminated; and

(2)if the Secretary determines it to be in the public interest, the Secretary may extend temporarily the career appointment of a career member of the Service whose maximum time in class or limited career extension expires, but in no case may any extension under this paragraph exceed one year and such extensions may be granted only in special circumstances.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4007

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73