---
kind: "section"
citation: "22 U.S.C. § 4008"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4008"
heading: "Retirement based on failure to meet standard of performance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4008"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter VI — Promotion and Retention"
---

# §4008. Retirement based on failure to meet standard of performance

- (a) The [Secretary](/usc/22/3902.md?p=10) 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](/usc/22/3902.md?p=10) 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)](#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 4009 of this title](/usc/22/4009.md).

## Source credit

(Pub. L. 96–465, title I, § 608, Oct. 17, 1980, 94 Stat. 2097.)