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22 U.S.C. § 3947 — Entry levels for Foreign Service officer

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22 U.S.C. § 3947 — Entry levels for Foreign Service officer

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Page 1441 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3948 1 See References in Text note below. (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 Sen- ior Foreign Service that is equivalent to the re- certification process for the Senior Executive Service under section 3393a of title 5.1 (Pub. L. 96–465, title I, § 305, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 99–93, title I, § 119(a), Aug. 16, 1985, 99 Stat. 412; Pub. L. 101–194, title V, § 506(c)(1), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101–280, § 6(d)(3), May 4, 1990, 104 Stat. 160.) Editorial Notes REFERENCES IN TEXT Section 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 (d), was repealed by Pub.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. AMENDMENTS 1990—Subsec. (d). Pub. L. 101–280 made technical cor- rection 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 Sec- retary of Commerce shall be excluded in the calcula- tion 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 (b) of this section until Oct. 1, 1985, which was repealed by section 119(b) of Pub.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 mem- bers, 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. § 3946. Career appointments (a) Trial period under limited appointment Before receiving a career appointment in the Service, an individual shall first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Sec- retary. During such trial period of service, the Secretary shall decide whether— (1) to offer a career appointment to the can- didate under section 3943 of this title, or (2) to recommend to the President that the candidate be given a career appointment under section 3942 of this title. (b) Decisions by Secretary Decisions by the Secretary under subsection (a) shall be based upon the recommendations of boards, established by the Secretary and com- posed entirely or primarily of career members of the Service, which shall evaluate the fitness and aptitude of career candidates for the work of the Service. (c) Foreign Service Grievance Board decisions Nothing in this section shall be construed to limit the authority of the Secretary or the For- eign Service Grievance Board under section 4137 of this title. (Pub. L. 96–465, title I, § 306, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 181(c), Dec. 22, 1987, 101 Stat. 1363.) Editorial Notes AMENDMENTS 1987—Subsec. (c). Pub. L. 100–204 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–204, title I, § 181(e), Dec. 22, 1987, 101 Stat. 1364, provided that: ‘‘The amendments made by this section [amending this section and sections 4010 and 4137 of this title] shall not apply with respect to any grievance in which the Board has issued a final decision pursuant to section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) before the date of enactment of this Act [Dec. 22, 1987].’’ § 3947. Entry levels for Foreign Service officer candidates A career candidate for appointment as a For- eign Service officer may not be initially as- signed under section 3964 of this title to a salary class higher than class 4 in the Foreign Service Schedule unless— (1) the Secretary determines in an individual case that assignment to a higher salary class is warranted because of the qualifications (in- cluding foreign language competence) and ex- perience of the candidate and the needs of the Service; or (2) at the time such initial assignment is made, the candidate is serving under a career appointment in the Service and is receiving a salary at a rate equal to or higher than the minimum rate payable for class 4 in the For- eign Service Schedule. (Pub. L. 96–465, title I, § 307, Oct. 17, 1980, 94 Stat. 2086.) § 3948. Recall and reappointment of career mem- bers (a) Retired career members Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the

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

22 U.S.C. § 3947 — Entry levels for Foreign Service officer candidates

A career candidate for appointment as a Foreign Service officer may not be initially assigned under [section 3964 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3964&num=0&edition=prelim) to a salary class higher than class 4 in the Foreign Service Schedule unless— (1) the Secretary determines in an individual case that assignment to a higher salary class is warranted because of the qualifications (including foreign language competence) and experience of the candidate and the needs of the Service; or (2) at the time such initial assignment is made, the candidate is serving under a career appointment in the Service and is receiving a salary at a rate equal to or higher than the minimum rate payable for class 4 in the Foreign Service Schedule.

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

22 U.S.C. § 4137 — Foreign Service Grievance Board decisions

**(a) Record; findings of fact and statement of reasons** Upon completion of its proceedings, the Board shall expeditiously decide the grievance on the basis of the record of proceedings. In each case the decision of the Board shall be in writing, and shall include findings of fact and a statement of the reasons for the decision of the Board. **(b) Authority of Department upon finding of meritorious grievance** If the Board finds that the grievance is meritorious, the Board shall have the authority to direct the Department— (1) to correct any official personnel record relating to the grievant which the Board finds to be inaccurate or erroneous, to have an omission, or to contain information of a falsely prejudicial character; (2) to reverse a decision denying the grievant compensation or any other perquisite of employment authorized by laws or regulations when the Board finds that such decision was arbitrary, capricious, or contrary to laws or regulations; (3) to retain in the Service a member whose separation would be in consequence of the matter by which the member is aggrieved; (4) to reinstate the grievant, and to grant the grievant back pay in accordance with [section 5596(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596/b/1&num=0&edition=prelim); (5) to pay reasonable attorney fees to the grievant to the same extent and in the same manner as such fees may be required by the Merit Systems Protection Board under [section 7701(g) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701/g&num=0&edition=prelim); and (6) to take such other remedial action as may be appropriate under procedures agreed to by the Department and the exclusive representative (if any). **(c) Finality o

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4137

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

22 U.S.C. § 4137 — Foreign Service Grievance Board deci-

Page 1549 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4137 exclusion is determined in writing to be essen- tial to the functioning of the post or office to which the grievant is assigned. (9) The Board may reconsider any decision upon presentation of newly discovered or pre- viously unavailable material evidence. (Pub. L. 96–465, title I, § 1106, Oct. 17, 1980, 94 Stat. 2145; Pub. L. 101–167, title V, § 586(a), Nov. 21, 1989, 103 Stat. 1252; Pub. L. 102–138, title I, § 143(b), Oct. 28, 1991, 105 Stat. 668; Pub. L. 103–236, title I, §§ 177(a), 181(a)(4)(B), Apr. 30, 1994, 108 Stat. 414, 417; Pub. L. 107–228, div. A, title III, § 314(b), Sept. 30, 2002, 116 Stat. 1379; Pub. L. 109–140, § 5, Dec. 22, 2005, 119 Stat. 2652.) Editorial Notes AMENDMENTS 2005—Par. (8). Pub. L. 109–140 inserted ‘‘the involun- tary separation of the grievant (other than an involun- tary separation for cause under section 4010(a) of this title),’’ after ‘‘considering’’ and substituted ‘‘the griev- ant, or’’ for ‘‘the grievant or’’. 2002—Par. (8). Pub. L. 107–228, in first sentence, struck out ‘‘the involuntary separation of the grievant,’’ be- fore ‘‘disciplinary action’’ and substituted ‘‘grievant or’’ for ‘‘grievant, or’’, and struck out last sentence which read as follows: ‘‘Notwithstanding the first sen- tence of this paragraph, the Board’s authority to sus- pend such action shall not extend to instances where the Secretary, or his designee, has exercised his author- ity under subsection (a)(3) of section 4010 of this title or with respect to any action which would delay the sepa- ration of an employee pursuant to a reduction in force conducted under section 4010a of this title.’’ 1994—Par. (8). Pub. L. 103–236, § 181(a)(4)(B), inserted before period at end ‘‘or with res

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4137

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