Appointment to the Senior Foreign Service shall be to a salary class established under section 3962 of this title, and not to a position.
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.
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
1See References in Text note below.
22 U.S.C. § 3945
EDITORIAL NOTES
REFERENCES IN TEXTSection 3393a of title 5, referred to in subsec. (d), was repealed by Pub. L. 107-296, title XIII, §1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296.
AMENDMENTS1990-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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
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 Pub. L. 99-93, title I, §119(c), Aug. 16, 1985, 99 Stat. 412, 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 (b) of this section until Oct. 1, 1985, which was repealed by section 119(b) of Pub.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, §1000(a)(7) [div. A, title III, §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, §671(4), Sept. 30, 2002, 116 Stat. 1407.
- Government
- "Government" means the Government of the United States;
- abroad
- "abroad" means all areas not included within the United States;