Page:United States Statutes at Large Volume 94 Part 2.djvu/808

 94 STAT. 2086 22 USC 3945. Limited appointments.

22 USC 3946.

Fitness and aptitude, evaluation.

22 USC 3947.

PUBLIC LAW 96-465—OCT. 17, 1980 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. (h) 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. SEC. 306. CAREER APPOINTMENTS.—(a) 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 Secretary. During such trial period of service, the Secretary shall decide whether— (1) to offer a career appointment to the candidate under section 303, or (2) to recommend to the President that the candidate be given a career appointment under section 302. (b) Decisions by the Secretary under subsection (a) shall be based upon the recommendations of boards, established by the Secretary and composed 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. SEC. 307. ENTRY LEVELS FOR FOREIGN SERVICE OFFICER CANDI-

DATES.—A career candidate for appointment as a Foreign Service officer may not be initially assigned under section 404 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. 22 USC 3948.

22 USC 3949.

SEC. 308. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.—(a)

Whenever the Secretary determines that the needs of the Service so require, the Secretary may recall any retired career member of the Service for active duty in the same personnel category as that member was serving at the time of retirement. A retired career member may be recalled under this section to any appropriate salary class or rate, except that a retired career member of the Senior Foreign Service may not be recalled to a salary class higher than the one in which the member was serving at the time of retirement unless appointed to such higher class by the President, by and with the advice and consent of the Senate. (b) Former career members of the Service may be reappointed under section 302(a)(1) or 303, without regard to section 306, in a salary class which is appropriate in light of the qualifications and experience of the individual being reappointed. SEC. 309. LIMITED APPOINTMENTS.—A limited appointment in the Service, including an appointment of an individual who is an emoloyee of an agency, may not exceed 5 years in duration and.

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