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5 U.S.C. § 3597 — Reemployment following limited appointment in the Foreign Service

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

5 U.S.C. § 3597 — Reemployment following limited appointment in the Foreign Service

An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee’s former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.

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Stable record: federal_law:legal_authorities:record_usc_cb6c80188d6d4c391a2fc262
Source file: Laws/federal/codes/united-states-code/title-5/section-3597-reemployment-following-limited-appointment-in-the-foreign-service--2abb4bcf45.md
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Source location: Title 5, Chapter 35, § 3597; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md

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An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee’s former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.

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

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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

22 U.S.C. § 3949 — Limited appointments

**(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

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

22 U.S.C. § 3950 — Reemployment rights following limited appointment

Any employee of an agency who accepts a limited appointment in the Service with the consent of the head of the agency in which the employee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with [section 3597 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3597&num=0&edition=prelim).

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

5 U.S.C. § 3597 — Reemployment following limited appoint-

Page 460 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3595a 1 Another section 3598 is set out after this section. ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 15, 1982]. ‘‘(2) The amendments made by this section [amending this section] shall apply to an individual who is a ca- reer appointee on or after September 30, 1982, except that any individual who is a career appointee on Sep- tember 30, 1982, and who is described in section 3595(b)(3) of title 5, United States Code, may not be re- moved before December 15, 1982, due to a reduction in force, unless the removal is under section 3595(b)(4)(A) of such title on the grounds the individual declined a reasonable placement offer.’’ EFFECTIVE DATE Pub. L. 97–35, title XVII, § 1704(e), Aug. 13, 1981, 95 Stat. 758, provided that: ‘‘(1) Subject to paragraph (2), the amendments made by this section [enacting this section, redesignating former section 3595 as section 3596 of this title, and amending sections 3393, 3593, 7542, and 7543 of this title] shall be effective as of June 1, 1981. ‘‘(2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section [Aug. 13, 1981] if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the Agency in which the appointee was em- ployed. ‘‘(B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the en- actment of this Act [Aug. 13, 1981]. ‘‘(3) The eff

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3597

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