§ 3945. Senior Foreign Service

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 305 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 3945

   Pub. L. 96–465, title I, § 305, Oct. 17, 1980, 94 Stat. 2086

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 305, Oct. 17, 1980, 94 Stat. 2086

   Enacted provision · exact public law section
   Sec. 305. Appointment to the Senior Foreign Service.— (a) Appointment to the Senior Foreign Service shall be to a salary class established under section 402, and not to a position. (b) 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 310 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.

2. 1985

   Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

   Pub. L. 99–93 title I § 119(a) · 99 Stat. 405

   Added · 22 U.S.C. § 3945(c)

   Pub. L. 99–93 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–93 added subsec. (c).

   Enacted provision · exact public law section
   (a) Limited Appointment to Senior Foreign Service in Department of Commerce.— Section 305 of the Foreign Service Act of 1980 (22 U.S.C. 3945) is amended by adding at the end thereof the following new subsection: “(c) (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). “(2) Except as provided in paragraph (3), no more than one individual (other than an individual with reemployment rights 22 USC 3950. under section 310 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.”.

3. 1989

   Ethics Reform Act of 1989

   Pub. L. 101–194 title V § 506(c)(1) · 103 Stat. 1716

   1. Amended · 22 U.S.C. § 3945(d)

      Pub. L. 101–194, as amended by Pub. L. 101–280

   2. Added · 22 U.S.C. § 3945(d)

      Pub. L. 101–194, as added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–194, as amended by Pub. L. 101–280, added subsec. (d).

   Enacted provision · exact public law section
   (1) Section 305 of the Foreign Service Act of 1980 is amended by 22 USC 3945. inserting at the end thereof the following new subsection: “(c) The Secretary shall by regulation establish a recertification Regulations. process for members of the Senior Foreign Service that is equivalent 5 the recertification process for the Senior Executive Service under action 3393a of title 5, United States Code.”.

   Effective date note
   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.

4. 1990

   Pub. L. 101–280 § 6(d)(3) · 104 Stat. 149

   Changed · 22 U.S.C. § 3945(d)

   Pub. L. 101–280 made technical correction to Pub. L. 101–194. See 1989 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–280 made technical correction to Pub. L. 101–194. See 1989 Amendment note below.

   Enacted provision · exact public law section
   (3) in the amendment made by subsection (e)(1), by redesignating the new subsection being inserted at the end of section 305 of the Foreign Service Act of 1980 as subsection (d) (rather than subsection (c)); and

5 of 5 references resolved to an enrolled provision