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22 U.S.C. § 3945 — Senior Foreign Service

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) 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). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) 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 Commer

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Source file: Laws/federal/codes/united-states-code/title-22/section-3945-senior-foreign-service--ec7d10781b.md
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Source location: Title 22, Chapter 52, § 3945; chapter-052-foreign-service.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3950 — Reemployment rights following limited appointment

Any employee of an agency who accepts a limited appointment in the Service with the consent of the head of the agency in which the employee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with [section 3597 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3597&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3151 — The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service

**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall— (1) meet the requirements set forth in section 3131 for the Senior Executive Service; (2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2); (3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; (4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43; (5) provide for— (A) removal consistent with section 3592; (B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken; (C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out; (D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3962 — Salaries of Senior Foreign Service members

**(a) Prescription by President; basic salary rates; adjustments; determinations by Secretary** (1) The President shall prescribe salary classes for the Senior Foreign Service and shall prescribe an appropriate title for each class. The President shall also prescribe ranges of basic salary rates for each class. Except as provided in paragraph (3), basic salary rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay payable for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim). (2) The Secretary shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Foreign Service based on individual performance, contribution to the mission of the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period. (3) Upon a determination by the Secretary that the Senior Foreign Service performance appraisal system, as designed and applied, makes meaningful distinctions based on relative performance— (A) the maximum rate of basic pay payable for the Senior Foreign Service shall be level II of the Executive Schedule; and (B) the applicable aggregate pay cap shall be equivalent to the aggregate pay cap set forth in [section 5307(d)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-s

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3393a — Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296]

### Statutory Notes Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees. #### Effective Date of Repeal Repeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under [section 101 of Title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim), Domestic Security.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3945 — Senior Foreign Service

Page 1440 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3945 onstrated competence to perform the duties of a chief of mission, including, to the maximum ex- tent practicable, a useful knowledge of the prin- cipal language or dialect of the country in which the individual is to serve, and knowledge and understanding of the history, the culture, the economic and political institutions, and the in- terests of that country and its people. (2) Given the qualifications specified in para- graph (1), positions as chief of mission should normally be accorded to career members of the Service, though circumstances will warrant ap- pointments from time to time of qualified indi- viduals who are not career members of the Serv- ice. (3) Contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission. (4) The President shall provide the Committee on Foreign Relations of the Senate, with each nomination for an appointment as a chief of mission, a report on the demonstrated com- petence of that nominee to perform the duties of the position in which he or she is to serve. (b) Furnishing of information by Secretary; polit- ical campaign contributions report (1) In order to assist the President in selecting qualified candidates for appointment or assign- ment as chiefs of mission, the Secretary of State shall from time to time furnish the President with the names of career members of the Service who are qualified to serve as chiefs of mission, together with pertinent information about such members. (2) The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mis- sion, the names of between

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