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
Amendment by Pub. L. 101–194effective Jan. 1, 1991, see section 506(d) ofPub. 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.”
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) ofPub. L. 99–93, see section 2403 ofPub. 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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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