Section 11September 19, 1991, Sec./Art. 11

Staffing Pattern and Appointments. – The Department shall maintain a permanent staffing pattern for the home office and for each post in the foreign service which shall enumerate a definite number of position items in the budget of the Department for all categories of officers and employees: provided, that the staffing pattern may be modified by the Secretary when necessitated by the opening of new posts in its foreign service or new offices in the home office as may be required by a reorganization of the Department approved by the President: provided, further, that the modification shall be incorporated in the budget. The number of appointments in all categories of positions shall strictly conform to the staffing pattern. Appointments may be made only to specific existing vacant items.

Appointments in excess of the number of items in the budget shall be null and void ab initio. An appointment, including the appointment of a non-career officer and initial and promotional appointment of a career officer, shall be valid only if it expressly indicates the specific number of the item in the budget. The appointment must bear the date when it was signed, and the Department must certify that the item is vacant on the specified date.