§ 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
Page 1442
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3949
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 appro-
priate 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
Former career members of the Service may be
reappointed under section 3942(a)(1) or 3943 of
this title, without regard to section 3946 of this
title, in a salary class which is appropriate in
light of the qualifications and experience of the
individual being reappointed.
(Pub. L. 96–465, title I, § 308, Oct. 17, 1980, 94 Stat.
2086.)
Statutory Notes and Related Subsidiaries
USAID OVERSEAS PROGRAM
Pub. L. 118–47, div. F, title VII, § 7065(a)–(d), Mar. 23,
2024, 138 Stat. 846, provided that:
‘‘(a) AUTHORITY.—Up to $170,000,000 of the funds made
available in title III of this Act [title III of div. F of
Pub. L. 118–47, 138 Stat. 740] pursuant to or to carry out
the provisions of part I of the Foreign Assistance Act
of 1961 [22 U.S.C. 2151 et seq.], including funds appro-
priated under the heading ‘Assistance for Europe, Eur-
asia and Central Asia’, may be used by the United
States Agency for International Development to hire
and employ individuals in the
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_1855e2e3da4cf5f1f25b3ce1 Source file: Laws/federal/codes/united-states-code-2024/title-22/section-3948-recall-and-reappointment-of-career-mem--b9aedcc1ff.md Pages: Not recorded – Not recorded Passage SHA-256: b84c754fa420cd7df515ada971c5cf4268e0cac6249f70bb0700db70d082d93d Retained source evidence SHA-256: 31c7f3a8c1a0fa6974d55aea90a2721a31aa9cad25253d280931e9342903ab7c
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
Page 1442
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3949
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 appro-
priate 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
Former career members of the Service may be
reappointed under section 3942(a)(1) or 3943 of
this title, without regard to section 3946 of this
title, in a salary class which is appropriate in
light of the qualifications and experience of the
individual being reappointed.
(Pub. L. 96–465, title I, § 308, Oct. 17, 1980, 94 Stat.
2086.)
Statutory Notes and Related Subsidiaries
USAID OVERSEAS PROGRAM
Pub. L. 118–47, div. F, title VII, § 7065(a)–(d), Mar. 23,
2024, 138 Stat. 846, provided that:
‘‘(a) AUTHORITY.—Up to $170,000,000 of the funds made
available in title III of this Act [title III of div. F of
Pub. L. 118–47, 138 Stat. 740] pursuant to or to carry out
the provisions of part I of the Foreign Assistance Act
of 1961 [22 U.S.C. 2151 et seq.], including funds appro-
priated under the heading ‘Assistance for Europe, Eur-
asia and Central Asia’, may be used by the United
States Agency for International Development to hire
and employ individuals in the United States and over-
seas on a limited appointment basis pursuant to the au-
thority of sections 308 and 309 of the Foreign Service
Act of 1980 (22 U.S.C. 3948 and 3949).
‘‘(b) RESTRICTION.—The authority to hire individuals
contained in subsection (a) shall expire on September
30, 2025.
‘‘(c)
PROGRAM
ACCOUNT
CHARGED.—The
account
charged for the cost of an individual hired and em-
ployed under the authority of this section shall be the
account to which the responsibilities of such individual
primarily relate: Provided, That funds made available
to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II
[title II of div. F of Pub. L. 118–47, 138 Stat. 739] under
the heading ‘Operating Expenses’.
‘‘(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Individ-
uals hired and employed by USAID [United States
Agency for International Development], with funds
made available in this Act [div. F of Pub. L. 118–47, 138
Stat. 729] or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, pursuant to the authority of section 309 of
the Foreign Service Act of 1980 (22 U.S.C. 3949), may be
extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 117–328, div. K, title VII, § 7065(a)–(d), Dec. 29,
2022, 136 Stat. 5086.
Pub. L. 117–103, div. K, title VII, § 7065(a)–(d), Mar. 15,
2022, 136 Stat. 678.
Pub. L. 116–260, div. K, title VII, § 7064(a)–(d), Dec. 27,
2020, 134 Stat. 1809.
Pub. L. 116–94, div. G, title VII, § 7064(a)–(d), Dec. 20,
2019, 133 Stat. 2928, 2929, as amended by Pub. L. 116–136,
div. B, title XI, § 21004, Mar. 27, 2020, 134 Stat. 591.
Pub. L. 116–6, div. F, title VII, § 7057(a)–(e), Feb. 15,
2019, 133 Stat. 371.
Pub. L. 115–141, div. K, title VII, § 7057(a)–(e), Mar. 23,
2018, 132 Stat. 941.
Pub. L. 115–31, div. J, title VII, § 7057(a)–(e), May 5,
2017, 131 Stat. 695.
Pub. L. 114–113, div. K, title VII, § 7057(a)–(e), Dec. 18,
2015, 129 Stat. 2803, 2804.
Pub. L. 113–235, div. J, title VII, § 7057(a)–(e), Dec. 16,
2014, 128 Stat. 2664, 2665.
Pub. L. 113–76, div. K, title VII, § 7057(a)–(e), Jan. 17,
2014, 128 Stat. 549.
Pub. L. 112–74, div. I, title VII, § 7057(a)–(e), Dec. 23,
2011, 125 Stat. 1244.
Pub. L. 111–117, div. F, title VII, § 7059(a)–(g), Dec. 16,
2009, 123 Stat. 3380, 3381.
Pub. L. 111–8, div. H, title VII, § 7059(a)–(g), Mar. 11,
2009, 123 Stat. 896.
Pub. L. 110–161, div. J, title VI, § 676, Dec. 26, 2007, 121
Stat. 2357.
Pub. L. 109–102, title V, § 577, Nov. 14, 2005, 119 Stat.
2231.
Pub. L. 108–447, div. D, title V, § 588, Dec. 8, 2004, 118
Stat. 3034.
Pub. L. 108–199, div. D, title V, § 525, Jan. 23, 2004, 118
Stat. 176, provided that: ‘‘Funds appropriated by this
and subsequent appropriations Acts to carry out the
provisions of part I of the Foreign Assistance Act of
1961 [22 U.S.C. 2151 et seq.], including funds appro-
priated under the heading ‘Assistance for Eastern Eu-
rope and the Baltic States’, may be made available to
employ individuals overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980 [22 U.S.C. 3948, 3949]:
Provided, That in fiscal years 2004, 2005, and 2006 the au-
thority of this section may be used to hire not more
than 85 individuals in each such year.’’
§ 3949. Limited appointments
(a) A limited appointment in the Service, in-
cluding an appointment of an individual who is
an employee of an agency, may not exceed 5
years in duration and, except as provided in sub-
sections (b) and (c), may not be extended or re-
newed. A limited appointment in the Service
which is limited by its terms to a period of one
year or less is a temporary appointment.
(b) A limited appointment may be extended for
continued service—
(1) as a consular agent;
(2) in accordance with section 3951(a) of this
title;
(3) as a career candidate, if—
(A) continued service is determined appro-
priate to remedy a matter that would be
cognizable as a grievance under subchapter
XI; or
(B) the individual is serving in the uni-
formed services (as defined in section 4303 of
title 38) and the limited appointment expires
in the course of such service;
(4) as a career employee in another Federal
personnel system serving in a Foreign Service
position on detail from another agency;
(5) as a foreign national employee;
(6) in exceptional circumstances if the Sec-
retary determines the needs of the Service re-
quire the extension of—
(A) a limited noncareer appointment for a
period not to exceed 1 year; or
(B) a limited appointment of a career can-
didate for the minimum time needed to re-
solve a grievance, claim, investigation, or
complaint not otherwise provided for in this
section.
(c)(1) Except as provided in paragraph (2) non-
career employees who have served for 5 consecu-
tive years under a limited appointment under
this section may be reappointed to a subsequent
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2151. Congressional findings and declaration of
policy
(a) United States development cooperation pol-
icy
The Congress finds that fundamental political,
economic, and technological changes have re-
sulted in the interdependence of nations. The
Congress declares that the individual liberties,
economic prosperity, and security of the people
of the United States are best sustained and en-
hanced in a community of nations which respect
individual civil and economic rights and free-
doms and which work together to use wisely the
world’s limited resources in an open and equi-
table international economic system. Further-
more, the Congress reaffirms the traditional hu-
manitarian ideals of the American people and
renews its commitment to assist people in devel-
oping countries to eliminate hunger, poverty,
illness, and ignorance.
Therefore, the Congress declares that a prin-
cipal objective of the foreign policy of the
United States is the encouragement and sus-
tained support of the people of developing coun-
tries in their efforts to acquire the knowledge
and resources essential to development and to
build the economic, political, and social institu-
tions which will improve the quality of their
lives.
United States development cooperation policy
should emphasize five principal goals:
Page 533
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2151
(1) the alleviation of the worst physical
manifestations of poverty among the world’s
poor majority;
(2) the promotion of conditions enabling de-
veloping countries to achieve self-sustaining
economic growth with equitable distribution
of benefits;
(3) the encouragement of development proc-
esses in which individual civil and economic
rights are respected and enhanced;
(4) the integration of the developin
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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 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** Former career members of the Service may be reappointed under section 3942(a)(1) or 3943 of this title, without regard to [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim), in a salary class which is appropriate in light of the qualifications and experience of the individual being reappointed.
**(a)** A limited appointment in the Service, including an appointment of an individual who is an employee of an agency, may not exceed 5 years in duration and, except as provided in subsections (b) and (c), may not be extended or renewed. A limited appointment in the Service which is limited by its terms to a period of one year or less is a temporary appointment.
**(b)** A limited appointment may be extended for continued service—
(1) as a consular agent;
(2) in accordance with [section 3951(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/a&num=0&edition=prelim);
(3) as a career candidate, if—
(A) continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under subchapter XI; or
(B) the individual is serving in the uniformed services (as defined in [section 4303 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303&num=0&edition=prelim)) and the limited appointment expires in the course of such service;
(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency;
(5) as a foreign national employee;
(6) in exceptional circumstances if the Secretary determines the needs of the Service require the extension of—
(A) a limited noncareer appointment for a period not to exceed 1 year; or
(B) a limited appointment of a career candidate for the minimum time needed to resolve a grievance, claim, investigation, or complaint not otherwise provided for in this section.
**(c)**
(1) Except as provided in paragraph (2) noncareer employees who have served for 5 consecutive years under a limited appointment under this section may be reappointed to a subsequent nonca
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 3949. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3949. Limited appointments
(a) A limited appointment in the Service, in-
cluding an appointment of an individual who is
an employee of an agency, may not exceed 5
years in duration and, except as provided in sub-
sections (b) and (c), may not be extended or re-
newed. A limited appointment in the Service
which is limited by its terms to a period of one
year or less is a temporary appointment.
(b) A limited appointment may be extended for
continued service—
(1) as a consular agent;
(2) in accordance with section 3951(a) of this
title;
(3) as a career candidate, if—
(A) continued service is determined appro-
priate to remedy a matter that would be
cognizable as a grievance under subchapter
XI; or
(B) the individual is serving in the uni-
formed services (as defined in section 4303 of
title 38) and the limited appointment expires
in the course of such service;
(4) as a career employee in another Federal
personnel system serving in a Foreign Service
position on detail from another agency;
(5) as a foreign national employee;
(6) in exceptional circumstances if the Sec-
retary determines the needs of the Service re-
quire the extension of—
(A) a limited noncareer appointment for a
period not to exceed 1 year; or
(B) a limited appointment of a career can-
didate for the minimum time needed to re-
solve a grievance, claim, investigation, or
complaint not otherwise provided for in this
section.
(c)(1) Except as provided in paragraph (2) non-
career employees who have served for 5 consecu-
tive years under a limited appointment under
this section may be reappointed to a subsequent
Page 1443
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3951
1 So in original. Probably should be ‘‘chapter’’.
noncareer limited appointment if there is at
least a 1-year b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 3949. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 4137. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4137. Foreign Service Grievance Board deci-
sions
(a) Record; findings of fact and statement of rea-
sons
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 meri-
torious, 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 false-
ly prejudicial character;
(2) to reverse a decision denying the grievant
compensation or any other perquisite of em-
ployment 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 sec-
tion 5596(b)(1) of title 5;
(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; and
(6) to take such other remedial action as
may be appropriate under procedures agreed
to by the Department and the exclusive rep-
resentative (if any).
(c) Finality of decisions; judicial review
Except as provided in subsection (d), decisions
of the Board under this subchapter shall be
final, sub
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 4137. This identifies an authority to review, not proof of applicability.