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LegalText 22 U.S.C. § 3945 Senior Foreign Service us united_states_code code_section 22 FOREIGN RELATIONS AND INTERCOURSE 52 FOREIGN SERVICE 3945 22 U.S.C. § 3945 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip /us/usc/t22/s3945 data/legal/raw/us/code/title-22/usc22.xml c059b5b60873ef756518a28d67a756a7a3c431d3c48b1a3fe0291067deb1165a b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83 7a4a2bc4c017b1be274db82fcd02af38e9466faf87cee86cc7a05bc6f0530e2b 2026-07-04 official
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22 U.S.C. § 3945 - Senior Foreign Service

Text

(a) Salary class 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).

(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 5.11 See References in Text note below.

(Pub. L. 96465, title I, § 305, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 9993, title I, § 119(a), Aug. 16, 1985, 99 Stat. 412; Pub. L. 101194, title V, § 506(c)(1), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 101280, § 6(d)(3), May 4, 1990, 104 Stat. 160.)

Notes

Editorial Notes

References in TextSection 3393a of title 5, referred to in subsec. (d), was repealed by Pub. L. 107296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296.

Amendments1990—Subsec. (d). Pub. L. 101280 made technical correction to Pub. L. 101194. See 1989 Amendment note below. 1989—Subsec. (d). Pub. L. 101194, as amended by Pub. L. 101280, added subsec. (d). 1985—Subsec. (c). Pub. L. 9993 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentAmendment by Pub. L. 101194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101194, set out as a note under section 3151 of Title 5, Government Organization and Employees.

Effective Date of 1985 AmendmentPub. L. 9993, 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 DateSection 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. 9993, see section 2403 of Pub. L. 96465, set out as a note under section 3901 of this title.

Placement of Senior Foreign Service PersonnelPub. L. 106113, div. B, § 1000(a)(7) [div. A, title III, § 324], Nov. 29, 1999, 113 Stat. 1536, 1501A437, 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. 107228, div. A, title VI, § 671(4), Sept. 30, 2002, 116 Stat. 1407.