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.

SEC. 608.90 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. 609.91 RETIREMENT BENEFITS.-(a) A member of the Service

92

(1) who is retired under section 607(c)(2); or

(2) who is retired under section 607(c)(1) or 608(b) or 611—

(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 61193 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

90 22 U.S.C. 4008.

91 22 U.S.C. 4009.

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

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

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.

SEC. 610.94 SEPARATION FOR CAUSE.-(a)(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service.

(2) A member of the Service (other than a United States citizen employed under section 311 and who is not a family member) 95 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.96 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.97 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.98

84 22 U.S.C. 4010.

96 Sec. 1(hX2) of Public Law 103-415 (108 Stat. 4300) inserted the parenthetical text after "A member of the Service".

98 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)".

97 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.

B8 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. (a)(2).

(3) 99 Notwithstanding the hearing required by this section, or procedures under any other provision of law, where a member has been convicted of a crime 100 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) 99 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; 101

(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)99 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, 102 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. 611.103 REDUCTIONS IN FORCE.-(a) The Secretary may conduct reductions in force and shall prescribe regulations for the sep

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

100 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”. 101 Sec. 143(a)2) 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".

102 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 (a)(3) have been fulfilled".

103 22 U.S.C. 4010a. Sec. 181(a)2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), added sec. 611 (with a subsequent technical amendment in sec. 1(ii) of Public Law 103-415 (108 Stat. 4303)) to make the section heading conform with the rest of the Act). Former secs. 611, 612, and 613 were redesignated as secs. 612, 613, and 614, respectively, by sec. 181(a)(1) 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.

Continued

aration 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.

(b) The provisions of section 609 shall be applicable to any member of the Service holding a career or career candidate appointment under chapter 3 of this Act, who is separated under the provisions of this section.

(c) An employee against whom action is taken under this section may elect either to file a grievance under chapter 11 or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under chapter 11 shall be limited to cases of reprisal, interference in the conduct of an employee's official duties, or similarly inappropriate use of the authority of this section. SEC. 612.104 TERMINATION OF LIMITED APPOINTMENTS.-Except as provided in section 610(a)(2), the Secretary may terminate at any time the appointment of any member of the Service serving under a limited appointment who is in the Senior Foreign Service, who is assigned to a salary class in the Foreign Service Schedule or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.105

SEC. 613.106 TERMINATION OF APPOINTMENTS OF CONSULAR AGENTS AND FOREIGN NATIONAL EMPLOYEES.-(a) The Secretary of State may terminate at any time the appointment of any consular agent in light of the criteria and procedures normally followed in the locality in similar circumstances.

(b) The Secretary may terminate at any time the appointment of any foreign national employee in light of the criteria and procedures normally followed in the locality in similar circumstances.

"(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.".

104 22 U.S.C. 4011. Redesignated from sec. 611 by sec. 181(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416).

105 Sec. 180(aX7) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), struck out ", or who is a family member of a Government employee serving under a local compensation plan established under section 408." after "Foreign Service Schedule" and inserted in lieu thereof "or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.".

108 22 U.S.C. 4012. Redesignated from sec. 612 by sec. 181(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416). See also sec. 151 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102– 138; 105 Stat. 672; 22 U.S.C. 4012a), relating to separation pay for foreign national employees.

SEC. 614.107 FOREIGN SERVICE AWARDS.-The President shall establish a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Service. The awards system established under this section shall provide for presentation by the President and by the Secretary of medals or other suitable commendations for performance in the course of or beyond the call of duty which involves distinguished, meritorious service to the Nation, including extraordinary valor in the face of danger to life or health.

CHAPTER 7-CAREER DEVELOPMENT, TRAINING, AND

ORIENTATION 108

SEC. 701.109 INSTITUTION FOR TRAINING.-(a) 110 INSTITUTION OR CENTER FOR TRAINING.-The Secretary of State shall maintain and operate an institution or center for training (hereinafter in this chapter referred to as the "institution"),111 originally established under section 701 of the Foreign Service Act of 1946, in order to promote career development within the Service and to provide necessary training and instruction in the field of foreign relations to members of the Service and to employees of the Department and of other agencies. The institution 112 shall be headed by a Director, who shall be appointed by the Secretary of State.

(b) To the extent practicable, the Secretary of State shall provide training under this chapter which meets the needs of all agencies, and other agencies shall avoid duplicating the facilities and training provided by the Secretary of State through the institution 113 and otherwise.

(c) 114 Training and instruction may be provided at the Institute 115 for not to exceed sixty citizens of the Trust Territory of the Pacific Islands in order to prepare them to serve as members of the foreign services of the Federated States of Micronesia, the Marshall

10722 U.S.C. 4013. Redesignated from sec. 614 by sec. 181(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416).

108 Sec. 126(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) struck out “Foreign Service Institute," preceding "Career Development" in the chapter title.

109 22 U.S.C. 4021. Sec. 126(2XA) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out "Foreign Service Institute" as the section title and inserted in lieu thereof "Institute for Training.". Sec. 1(y) of Public Law 103-415 (108 Stat. 4302) made a similar amendment.

See also secs. 191 and 192 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), relating to foreign language competence and foreign language resources coordinator.

See also sec. 123 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 413), relating to Institute facilities.

110 Sec. 126(2XBXi) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) amended subsection (a) "by striking the subsection heading and inserting 'Institution or Center for Training". Subsec. (a), however, did not have a heading to strike.

111 Sec. 126(2XBXii) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) struck out "the Foreign Service Institute (hereinafter in this chapter referred to as the 'Institute')", and inserted in lieu thereof "an institution or center for training (hereinafter in this chapter referred to as the institution")".

112 Sec. 126(2XBXiii) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) struck out "Institute" and inserted in lieu thereof "institution".

113 Sec. 126(3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 394), struck out “Foreign Service Institute" and "Institute" each place such terms appeared and inserted "institution" in secs. 701(b), 702, 704, 705, and 707.

114 Sec. 126 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1026) added subsec. (c).

115 Should probably read "institution". See footnote 111.