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22 U.S.C. § 3946 — Career appointments

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 Secretary. During such trial period of service, the Secretary shall decide whether— (1) to offer a career appointment to the candidate under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), or (2) to recommend to the President that the candidate be given a career appointment under [section 3942 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942&num=0&edition=prelim). **(b) Decisions by Secretary** 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. **(c) Foreign Service Grievance Board decisions** Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under [section 4137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137&num=0&edition=prelim).

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Source location: Title 22, Chapter 52, § 3946; chapter-052-foreign-service.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4137 — Foreign Service Grievance Board decisions

**(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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3943 — Appointments by the Secretary

The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim)) in accordance with this chapter and such regulations as the Secretary may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3942 — Appointments by the President

**(a)** (1) The President may, by and with the advice and consent of the Senate, appoint an individual as a chief of mission, as an ambassador at large, as an ambassador, as a minister, as a career member of the Senior Foreign Service, or as a Foreign Service officer. (2) (A) The President may, by and with the advice and consent of the Senate, confer the personal rank of career ambassador upon a career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained period. (B) (i) Subject to the requirement of clause (ii), the President may confer the personal rank of ambassador or minister on an individual in connection with a special mission for the President of a temporary nature not exceeding six months in duration. (ii) The President may confer such personal rank only if, prior to such conferral, he transmits to the Committee on Foreign Relations of the Senate a written report setting forth— (I) the necessity for conferring such rank, (II) the dates during which such rank will be held, (III) the justification for not submitting the proposed conferral of personal rank to the Senate as a nomination for advice and consent to appointment, and (IV) all relevant information concerning any potential conflict of interest which the proposed recipient of such personal rank may have with regard to the special mission. Such report shall be transmitted not less than 30 days prior to conferral of the personal rank of ambassador or minister except in cases where the President certifies in his report that urgent circumstances require the immediate conferral of such rank. (C) An individual upon whom a personal rank is conferred under subparagraph (A) or (B) shall not receive any addition

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22 U.S.C. § 3922a — Representation of minorities and women in Foreign Service

**(a) Development of program** The head of each agency utilizing the Foreign Service personnel system shall develop, consistent with [section 7201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7201&num=0&edition=prelim), a plan designed to increase significantly the number of members of minority groups and women in the Foreign Service in that agency. **(b) Emphasis on mid-levels** Each plan developed pursuant to this section shall, consistent with [section 7201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7201&num=0&edition=prelim), place particular emphasis on achieving significant increases in the numbers of minority group members and women who are in the mid-levels of the Foreign Service.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3948 — Recall and reappointment of career members

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4010 — Separation for cause; suspension

**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay** (1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault. (2) (A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either— (i) is serving under a career appointment, or (ii) is serving under a limited appointment, the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner. (B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. (3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4043 — Participants

**(a) Career appointees or candidates; chiefs of mission** Except as provided in subsection (d), the following members of the Service (hereinafter in this part referred to as “participants”) shall be entitled to the benefits of the System: (1) Every member who is serving under a career appointment or as a career candidate under [section 3946 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3946&num=0&edition=prelim)— (A) in the Senior Foreign Service, or (B) assigned to a salary class in the Foreign Service Schedule. (2) Every chief of mission, who is not a participant under paragraph (1), who— (A) has served as chief of mission for an aggregate period of 20 years or more, and (B) has paid into the Fund a special contribution for each year of such service in accordance with [section 4045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim). **(b) Executive branch appointees** Any otherwise eligible member of the Service who is appointed to a position in the executive branch by the President, by and with the advice and consent of the Senate, or by the President alone, shall not by virtue of the acceptance of such appointment cease to be eligible to participate in the System. **(c) Binational Center Grantees** In addition to the individuals who are participants in the System under subsection (a), any individual who was appointed as a Binational Center Grantee and who completed at least 5 years of satisfactory service as such a grantee or under any other appointment under the Foreign Service Act of 1946 may become a participant in the System, and shall receive credit for such service if an appropriate special contribution is made to the Fund in accorda

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4071b — Participants

**(a) Covered members** Except for persons excluded by subsection (b), (c), or (d), all members of the Foreign Service, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.] and chapter 21 of title 26, who would, but for this section, be participants in the Foreign Service Retirement and Disability System pursuant to [section 4043 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4043&num=0&edition=prelim) shall instead be participants in the Foreign Service Pension System. **(b) Exclusion of participants in Foreign Service Retirement and Disability System** Members of the Service who were participants in the Foreign Service Retirement and Disability System on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.]. **(c) Exclusion of individuals with certain creditable civilian service** Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under part I of this subchapter, subchapter III of chapter 83 of title 5 (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act ([50 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2011&num=0&edition=prelim) et seq.) (determined without regard t

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3946 — Career appointments

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 t

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