§ 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
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_bd834c79a4b407bd31abb43b Source file: Laws/federal/codes/united-states-code-2024/title-22/section-3949-limited-appointments--f12cbcb1ee.md Pages: Not recorded – Not recorded Passage SHA-256: 87d62e58e8a2d6a8041d0a9208561f5ec0716e75522894c3ee7af8399f46f14f Retained source evidence SHA-256: b97b3d2de16320cf03f40f2d23637d962d670089cb05dcafef01b92894fe6e26
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
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 break in service before such new
appointment.
(2) The Secretary may waive the 1-year break
requirement under paragraph (1) in cases of spe-
cial need.
(Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat.
2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987,
101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1),
Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh),
Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114–323, title
IV, § 409, Dec. 16, 2016, 130 Stat. 1930.)
Editorial Notes
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–323, § 409(1), substituted
‘‘subsections (b) and (c)’’ for ‘‘subsection (b)’’.
Subsec. (b)(3). Pub. L. 114–323, § 409(2)(A), substituted
‘‘if—’’ for ‘‘if’’, inserted subpar. (A) designation before
‘‘continued service’’ and ‘‘or’’ after semicolon at end,
and added subpar. (B).
Subsec. (b)(6). Pub. L. 114–323, § 409(2)(B)–(D), added
par. (6).
Subsec. (c). Pub. L. 114–323, § 409(3), added subsec. (c).
1994—Subsec. (b)(5). Pub. L. 103–236, as amended by
Pub. L. 103–415, added par. (5).
1987—Pub. L. 100–204 designated existing provisions as
subsec. (a), substituted ‘‘subsection (b)’’ for ‘‘section
3951(a) of this title’’, and added subsec. (b).
§ 3950. Reemployment rights following limited
appointment
Any employee of an agency who accepts a lim-
ited appointment in the Service with the con-
sent of the head of the agency in which the em-
ployee is employed shall be entitled, upon the
termination of such limited appointment, to be
reemployed in accordance with section 3597 of
title 5.
(Pub. L. 96–465, title I, § 310, Oct. 17, 1980, 94 Stat.
2087.)
Executive Documents
ENTITLEMENT
TO BENEFITS
FOR SERVICES PERFORMED
OUTSIDE UNITED STATES; SERVICE EXCEEDING THIRTY
MONTHS
Persons appointed, employed, or assigned after May
19, 1959, under former section 1787(c) of this title or sec-
tion 2385(d) of this title for the purpose of performing
functions under the Mutual Security Act of 1954 (see
Short Title note set out under section 1754 of this title)
and the Foreign Assistance Act of 1961 (section 2151 et
seq. of this title) outside the United States shall not,
unless otherwise agreed by the agency in which such
benefits may be exercised, be entitled to the benefits
provided for by this section in cases in which their
service under the appointment, employment, or assign-
ment exceeds thirty months. See Ex. Ord. No. 12163,
§ 1–602(b), Sept. 29, 1979, 44 F.R. 56677, as amended, set
out as a note under section 2381 of this title.
§ 3951. United States citizens hired abroad
(a) Appointment of family members
The Secretary, under section 3943 of this title,
may appoint United States citizens, who are
family members of government employees as-
signed abroad or are hired for service at their
post of residence, for employment in positions
customarily filled by Foreign Service officers,
Foreign Service personnel, and foreign national
employees.
(b) Family nexus as affirmative hiring factor
The fact that an applicant for employment in
a position referred to in subsection (a) is a fam-
ily member of a Government employee assigned
abroad shall be considered an affirmative factor
in employing such person.
(c) Compensation of family and non-family mem-
ber employees
(1) Non-family members employed under this
section for service at their post of residence
shall be paid in accordance with local compensa-
tion plans established under section 3968 of this
title.
(2) Family members employed under this sec-
tion shall be paid in accordance with the For-
eign Service Schedule or the salary rates estab-
lished under section 3967 of this title.
(3) In exceptional circumstances, non-family
members may be paid in accordance with the
Foreign Service Schedule or the salary rates es-
tablished under section 3967 of this title, if the
Secretary determines that the national interest
would be served by such payments.
(d) Non-family member employees ineligible for
certain benefits
Nonfamily member United States citizens em-
ployed under this section shall not be eligible by
reason of such employment for benefits under
subchapter VIII of this chapter, or under chap-
ters 1 83 or 84 of title 5.
(e) Employment standards
The Secretary shall hold a family member of
a government employee described in subsection
(a) seeking employment in a position described
in that subsection to the same employment
standards as those applicable to Foreign Service
officers, Foreign Service personnel, or foreign
national employees seeking the same or a sub-
stantially similar position.
(Pub. L. 96–465, title I, § 311, Oct. 17, 1980, 94 Stat.
2087; Pub. L. 103–236, title I, § 180(a)(2), Apr. 30,
1994, 108 Stat. 415; Pub. L. 103–415, § 1(h)(1), Oct.
25, 1994, 108 Stat. 4300; Pub. L. 117–81, div. F, title
LXII, § 6205, Dec. 27, 2021, 135 Stat. 2391.)
Editorial Notes
AMENDMENTS
2021—Subsec. (e). Pub. L. 117–81 added subsec. (e).
1994—Pub. L. 103–415 substituted ‘‘United States citi-
zens hired abroad’’ for ‘‘Employment of family mem-
bers of Government employees’’ as section catchline
and inserted ‘‘by reason of such employment’’ after ‘‘el-
igible’’ in subsec. (d).
Pub. L. 103–236 amended section generally. Prior to
amendment, section read as follows:
‘‘(a) The Secretary, when employing individuals
abroad in positions to which career members of the
Service are not customarily assigned (including, when
continuity over a long term is not a significant consid-
eration, vacant positions normally filled by foreign na-
tional employees), shall give equal consideration to
employing available qualified family members of mem-
bers of the Service or of other Government employees
assigned abroad. Family members so employed shall
serve under renewable limited appointments in the
Service and may be paid either in accordance with the
Foreign Service Schedule or a local compensation plan
established under section 3968 of this title.
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.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 3948. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 3948. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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