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by such committees. Access to such records relating to a member of the Service shall be granted to such member, upon written request.

Sec. 605.86 IMPLEMENTATION OF SELECTION BOARD RECOMMENDATIONS.—a) Recommendations for promotion made by selection boards shall be submitted to the Secretary in rank order by salary class or in rank order by specialization within a salary class. The Secretary shall make promotions and, with respect to career appointments into or within the Senior Foreign Service, shall make recommendations to the President for promotions, in accordance with the rankings of the selection boards.

(b) Notwithstanding subsection (a), in special circumstances set forth by regulation, the Secretary may remove the name of an individual from the rank order list submitted by a selection board or delay the promotion of an individual named in such a list.

Sec. 606.87 OTHER BASES FOR INCREASING PAY.—a) The Secretary may pursuant to a recommendation of the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board

(1) recommend to the President a promotion of a member of the Service under section 302(a);

(2) promote a member of the Service under section 303;

(3) grant performance pay to a member of the Senior Foreign Service under section 405(c); or

(4) grant a within-class salary increase under section 406 to a member of the Service who is assigned to a salary class in the

Foreign Service Schedule. (b) In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of section 605(b), the Secretary may, in special circumstances set forth by regulation, make retroactive promotions, grant performance pay, make retroactive within-class salary increases, and recommend retroactive promotions by the President.

SEC. 607.88 RETIREMENT FOR EXPIRATION OF TIME IN CLASS.(aX1) 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 as

signed. (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.

86 22 U.S.C. 4005. 87 22 U.S.C. 4006. 88 22 U.S.C. 4007.

(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 de creased, 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 limitations) 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 combina

tion 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, may continue to serve only under limited extensions of their career appointment. Such limited extensions may not exceed 5 years in duration and may be granted and renewed by the Secretary in accordance with the recommendations of selection boards established under section 602. Members of the Service serving under such limited career extensions shall continue to be career members of the Service. (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) ex

pires and is not renewed, shall be retired from the Service and receive benefits in accordance with section 609, subject to any career extension under subsection (d) of this section. (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.

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SEC. 608.89 RETIREMENT BASED ON RELATIVE PERFORMANCE.—a) The Secretary shall prescribe regulations concerning the standards of performance to be met by career members of the Service who are citizens of the United States. Whenever a selection board review indicates that the performance of such a career member of the Service may not meet the standards of performance for his or her class, the Secretary shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.

(b) In any case where the administrative review conducted under subsection (a) substantiates that a career member of the Service has failed to meet the standards of performance for his or her class, the member shall be retired from the Service and receive benefits in accordance with section 609.

SEC. 609.90 RETIREMENT BENEFITS.- (a) A member of the Service

(1) who is retired under section 607(c)(2); or
(2) who is retired under section 607(c)(1) or 608(b) or 611–91

(A) after becoming eligible for voluntary retirement under section 811, or

(B) from the Senior Foreign Service or while assigned to

class 1 in the Foreign Service Schedule, shall receive retirement benefits in accordance with section 806.

(b) Any member of the Service (other than a member to whom subsection (a) applies) who is retired under section 607(c)(1) or 608(b) or 611 92 shall receive

(1) one-twelfth of a year's salary at his or her then current salary rate for each year of service and proportionately for a fraction of a year, but not exceeding a total of one year's salary at his or her then current salary rate, payable without interest from the Foreign Service Retirement and Disability Fund in 3 equal installments, such installments to be paid on January 1 of each of the first 3 calendar years beginning after the retirement of the member (except that in special cases, the Secretary of State may accelerate or combine such installments); and

(2) a refund as provided in section 815 of the contributions made by the members to the Foreign Service Retirement and Disability Fund, except that in lieu of such refund a member who has at least 5 years of service credit toward retirement under the Foreign Service Retirement and Disability System (excluding military and naval service) may elect to receive an

annuity, computed under section 806, commencing at age 60. In the event that a member of the Service has elected to receive retirement benefits under paragraph (2) and dies before reaching age 60, his or her death shall be considered a death in service within the meaning of section 809.

89 22 U.S.C. 4008. 90 22 U.S.C. 4009.

91 Sec. 181(aX3XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), inserted “or 611".

92 Sec. 181(aX3XB) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417) inserted “or 611".

SEC. 610.93 SEPARATION FOR CAUSE.(a)(1) The Secretary may separate any member from the Service for such cause as will pro mote the efficiency of the Service.

(2) A member of the Service who is a member of the Senior Foreign Service or is assigned to a salary class in the Foreign Service Schedule and who either (A) is serving under a career appointment, or (B) if separation is to be by reason of misconduct, is serving under a limited appointment, shall not be separated from the Service under this section until the member has been granted a hearing before the Foreign Service Grievance Board and the cause for separation established at such hearing, unless the member waives in writing the right to a hearing or, notwithstanding section 1106(8) of this Act, unless the member has been convicted of a crime related to the cause for separation, subject to reinstatement with back pay (for any period during which separation for cause had not been established by such a hearing) if such conviction is reversed on appeal.94 If such cause is not established at such hearing, the Grievance Board shall have the authority to direct the Department to pay reasonable attorneys fees to the extent and in the manner provided by section 1107(b)(5) of this Act.85 The hearing provided under this paragraph shall be in accordance with the hearing procedures applicable to grievances under section 1106 and shall be in lieu of any other administrative procedure authorized or required by this or any other law. Section 1110 shall apply to proceedings under this paragraph.96

(3) 97 Notwithstanding the hearing required by this section, or procedures under any other provision of law, where a member has been convicted of a crime 98 for which a sentence of imprisonment may be imposed, and there is a nexus to the efficiency of the Service, the Secretary, or his designee, may suspend such member without pay pending final resolution of the underlying matter, subject to reinstatement with back pay if cause for separation is not established in a hearing before the Board.

(4) 97 Any member suspended pursuant to subsection (a)(3) of this section shall be entitled to

(A) advance written notice of the specific reasons for such suspension; 99

93 22 U.S.C. 4010.

94 Sec. 143(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), inserted the end of this sentence, beginning with "or, notwithstanding section 1106(8)".

95 This sentence was added by sec. 181(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1364). Sec. 181(e) of the same Act provided that the amendment not apply with respect to any grievance in which the Board has issued a final decision pursuant to sec. 1107 of the Foreign Service Act of 1980 before its enactment.

96 Sec. 143(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), added the last sentence to subsec. (aX2).

97 Section 586(b) of the Foreign Operations, Export Financing, and Related Programs Appro priations Act, 1990 (Public Law 101-167; 103 Stat. 1252) added para. (3), (4), and (5).

98 Sec. 143(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck out "there is reasonable cause to believe that a members has committed a crime", and inserted in lieu thereof “a member has been convicted of a crime".

99 Sec. 143(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck out "suspension, including the grounds for reasonable cause to believe a crime has been committed", and inserted in lieu thereof "suspension". 100 Sec. 143(aX3) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138; 105 Stat. 668), struck out “there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed", and inserted in lieu thereof "the conviction requirements of subsection (aX3) have been fulfilled”.

(B) a reasonable time, not less than seven days, to answer orally and in writing;

(C) be represented by an attorney or other representative; and

(D) a final written decision. (5) 97 Any member suspended pursuant to subsection (a)(3) of this section shall be entitled to grieve such action in accordance with procedures applicable to grievances under chapter 11. The Board review, however, shall be limited only to a determination of whether the conviction requirements of subsection (a)(3) have been fulfilled, 100 and whether there is a nexus between the conduct and the efficiency of the Service.

(b) Any participant in the Foreign Service Retirement and Disability System who is separated under subsection (a) shall be entitled to receive a refund as provided in section 815 of the contributions made by the participant to the Foreign Service Retirement and Disability Fund. Except in cases where the Secretary determines that separation was based in whole or in part on the ground of disloyalty to the United States, a participant who has at least 5 years of service credit toward retirement under the Foreign Service Retirement and Disability System (excluding military and naval service) may elect, in lieu of such refund, to an annuity, computed under section 806, commencing at age 60. SEC. 611.101 REDUCTIONS IN FORCE.

(a) The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under chapter 3 of this Act, under such reductions in force which give due effect to the following:

(1) Organizational changes.
(2) Documented employee knowledge, skills, or competencies.
(3) Tenure of employment.
(4) Documented employee performance.

(5) Military preference, subject to section 3501(a)(3) of title 5, United States Code.

101 22 U.S.C. 4010a. Sec. 181(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), added sec. 611. Former secs. 611, 612, and 613 were redesignated as secs. 612, 613, and 614, respectively, by sec. 181(aX1) of that Act.

Sec. 179 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), provided the following:

"SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN

SERVICE.

"(a) REFERRAL SYSTEM.-Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management's Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act.

"(b) CERTAIN MEMBERS OF THE FOREIGN SERVICE.-For purposes of this section, the term 'members of the Foreign Service' means any individual holding a career or career candidate appointment under chapter 3 of the Foreign Service Act of 1980.

Sec. 181(c) of Public Law 103-236 (108 Stat. 418) provided:

"(c) CONSULTATION. - The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system), the head of that agency (sic) shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), and shall publish such regulations.”.

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