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22 U.S.C. § 3948 — Recall and reappointment of career members
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.
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Stable record: federal_law:legal_authorities:record_usc_50317df79becb9c7b3b94d47
Source file: Laws/federal/codes/united-states-code/title-22/section-3948-recall-and-reappointment-of-career-members--6d5b7c4e79.md
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Source location: Title 22, Chapter 52, § 3948; chapter-052-foreign-service.md
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**(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
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3946
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3949
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lump-sum credit** If a participant dies and no claim for annuity is payable under this part, the lump-sum credit shall be paid in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim).
**(b) Surviving spouse** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or former spouse qualifying for an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with subsections (e) and (g) of this section and [section 4046(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/a&num=0&edition=prelim) and any surviving former spouse shall be entitled to an annuity under [section 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim) as if the participant died after being entitled to an annuity under this part. If the participant had less than 3 years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.
**(c) Surviving spouse or former spouse, and children** If a participant who has at least 18 months of civilian service credit toward retirement under the System dies before retirement or other separation from the Service and is survived by a spouse or a former spouse who is the natural or adoptive parent of a survivi
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4049
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Living Service members**
(1) Unless otherwise expressly provided by any spousal agreement or court order under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4060/b/1&num=0&edition=prelim), a former spouse of a participant or former participant is entitled to an annuity if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this subchapter with at least 5 of such years occurring while the participant was a member of the Foreign Service and—
(A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
(B) if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.
(2) A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age.
(3) The annuity of a former spouse under this subsection commences on the later of the day the participant upon whose service the annuity is based becomes entitled to an annuity under this part or the first day of the month in which the divorce or annulment involved becomes final. The annuity of such former spouse and the right thereto terminate on—
(A) the last day of the month before the former spouse dies or remarries before 60 years of age; or
(B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)).
(4) No spousal agreement or court order under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4054
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Full salary in lieu of annuity; contributions to Fund; resumption of annuity with cost-of-living adjustment** Any annuitant recalled to duty in the Service under [section 3948(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3948/a&num=0&edition=prelim) shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service the recalled annuitant shall make contributions to the Fund in accordance with [section 4045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4045&num=0&edition=prelim). On the day following termination of the recall service, the former annuity shall be resumed, adjusted by any cost-of-living increases under [section 4065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4065&num=0&edition=prelim) that became effective during the recall period.
**(b) Refund of contributions to Fund; election for supplemental annuity or determination of annuity anew; prior service counted as recall service** If the recall service lasts less than one year, the contributions of the annuitant to the Fund during recall service shall be refunded in accordance with [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4055&num=0&edition=prelim). If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under [section 4046 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046&num=0&edition=prelim) on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service cred
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4063
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3948
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