§ 3945. — Senior Foreign Service.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC3945]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER III--APPOINTMENTS
Sec. 3945. Senior Foreign Service
(a) Salary class
Appointment to the Senior Foreign Service shall be to a salary class
established under section 3962 of this title, and not to a position.
(b) Limited appointment
An individual may not be given a limited appointment in the Senior
Foreign Service if that appointment would cause the number of members of
the Senior Foreign Service serving under limited appointments to exceed
5 percent of the total number of members of the Senior Foreign Service,
except that (1) members of the Senior Foreign Service assigned to the
Peace Corps shall be excluded in the calculation and application of this
limitation, and (2) members of the Senior Foreign Service serving under
limited appointments with reemployment rights under section 3950 of this
title as career appointees in the Senior Executive Service shall be
considered to be career members of the Senior Foreign Service for
purposes of this subsection.
(c) Appointments by Secretary of Commerce
(1) Appointments to the Senior Foreign Service by the Secretary of
Commerce shall be excluded in the calculation and application of the
limitation in subsection (b) of this section.
(2) Except as provided in paragraph (3), no more than one individual
(other than an individual with reemployment rights under section 3950 of
this title as a career appointee in the Senior Executive Service) may
serve under a limited appointment in the Senior Foreign Service in the
Department of Commerce at any time.
(3) The Secretary of Commerce may appoint an individual to a limited
appointment in the Senior Foreign Service for a specific position abroad
if--
(A) no career member of the Service who has the necessary
qualifications is available to serve in the position; and
(B) the individual appointed has unique qualifications for the
specific position.
(d) Recertification process
The Secretary shall by regulation establish a recertification
process for members of the Senior Foreign Service that is equivalent to
the recertification process for the Senior Executive Service under
section 3393a of title 5.\1\
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\1\ See References in Text note below.
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(Pub. L. 96-465, title I, Sec. 305, Oct. 17, 1980, 94 Stat. 2086; Pub.
L. 99-93, title I, Sec. 119(a), Aug. 16, 1985, 99 Stat. 412; Pub. L.
101-194, title V, Sec. 506(c)(1), Nov. 30, 1989, 103 Stat. 1759; Pub. L.
101-280, Sec. 6(d)(3), May 4, 1990, 104 Stat. 160.)
References in Text
Section 3393a of title 5, referred to in subsec. (d), was repealed
by Pub. L. 107-296, title XIII, Sec. 1321(a)(1)(B), Nov. 25, 2002, 116
Stat. 2296.
Amendments
1990--Subsec. (d). Pub. L. 101-280 made technical correction to Pub.
L. 101-194. See 1989 Amendment note below.
1989--Subsec. (d). Pub. L. 101-194, as amended by Pub. L. 101-280,
added subsec. (d).
1985--Subsec. (c). Pub. L. 99-93 added subsec. (c).
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of Title
5, Government Organization and Employees.
Effective Date of 1985 Amendment
Section 119(c) of Pub. L. 99-93 provided that: ``The amendments made
by subsections (a) and (b) [amending this section and provisions set out
as a note under section 3901 of this title] shall take effect on October
1, 1985.''
Effective Date
Section effective Feb. 15, 1981, with an exception that appointments
to the Senior Foreign Service by the Secretary of Commerce shall be
excluded in the calculation and limitation in subsec. (b) of this
section until Oct. 1, 1985, which was repealed by section 119(b) of Pub.
L. 99-93, see section 2403 of Pub. L. 96-465, set out as a note under
section 3901 of this title.
Placement of Senior Foreign Service Personnel
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 324], Nov. 29, 1999, 113 Stat. 1536, 1501A-437, required the
Director General of the Foreign Service to submit a report on the first
day of each fiscal quarter to the appropriate congressional committees
containing the number of members of the Senior Foreign Service, the
number of vacant positions designated for such members, and the number
of those members not assigned to positions, prior to repeal by Pub. L.
107-228, div. A, title VI, Sec. 671(4), Sept. 30, 2002, 116 Stat. 1407.
