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22 U.S.C. § 4010

Separation for cause; suspension

United States · Title 22 — FOREIGN RELATIONS AND INTERCOURSE · Status: effective

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22 U.S.C. § 4010, Separation for cause; suspension, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/457538
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Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under section 3951 of this title who is not a family member) who either— 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 4055 of this title 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 4046 of this title, commencing at age 60. In order to promote the efficiency of the Service, the Secretary may indefinitely suspend without duties a member of the Service when— Any member of the Service for whom a suspension is proposed under this subsection shall be entitled to— If a grievance is filed pursuant to paragraph (3)— In this subsection, the term “reasonable time” means—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 96-465(H.R. 6790)1980-10-17
    Foreign Service Act of 1980
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-204(H.R. 1777)1987-12-22
    Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-167(H.R. 3743)1989-11-21
    Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-246(H.R. 3792)1990-02-16
    Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    House: no recorded tallySenate: 98–0
  • Amended byPub. L. 102-138(H.R. 1415)1991-10-28
    Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
    House: no recorded tallySenate: 86–11
  • Amended byPub. L. 103-415(H.R. 5034)1994-10-25
    To make certain technical amendments relating to the State Department Basic Authorities Act of 1956, the United States Information and Educational Exchange Act of 1948, and other provisions of law.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-277(H.R. 4328)1998-10-21
    Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
  • Amended byPub. L. 106-113(H.R. 3194)1999-11-29
    Consolidated Appropriations Act, 2000
  • Amended byPub. L. 107-228(H.R. 1646)2002-09-30
    Foreign Relations Authorization Act, Fiscal Year 2003
    House: 352–73Senate: no recorded tally
  • Amended byPub. L. 114-323(S. 1635)2016-12-16
    Department of State Authorities Act, Fiscal Year 2017
    House: 374–16Senate: no recorded tally
  • Amended byPub. L. 117-81(S. 1605)2021-12-27
    National Defense Authorization Act for Fiscal Year 2022
    House: 363–70Senate: no recorded tally
  • Amended byPub. L. 117-263(H.R. 7776)2022-12-23
    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
  • Amended byPub. L. 118-159(H.R. 5009)2024-12-23
    Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
    House: 281–140Senate: no recorded tally