2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - FOREIGN SERVICE (§§ 3901 - 4226)
Subchapter III - APPOINTMENTS (§§ 3941 - 3952)
Section 3948 - Recall and reappointment of 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.

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.)

Pub. L. 112–74, div. I, title VII, §7057(a)–(e), Dec. 23, 2011, 125 Stat. 1244, provided that:

“(a) Authority.—Up to $93,000,000 of the funds made available in title III of this Act [title III of div. I of Pub. L. 112–74, 125 Stat. 1175] to carry out the provisions of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’, may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and 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].

“(b) Restrictions.—

“(1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.

“(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2013.

“(c) Conditions.—The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], including funds appropriated under the heading ‘Assistance for Europe, Eurasia and Central Asia’, are eliminated.

“(d) Program Account Charged.—The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities 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. I of Pub. L. 112–74, 125 Stat. 1174] under the heading ‘Operating Expenses’.

“(e) Foreign Service Limited Extensions.—Individuals hired and employed by USAID, with funds made available in this Act [div. I of Pub. L. 112–74, 125 Stat. 1164] or prior Acts making appropriations for the Department of State, foreign operations, and related programs [see similar provisions listed below], 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. 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 appropriated under the heading ‘Assistance for Eastern Europe 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 authority of this section may be used to hire not more than 85 individuals in each such year.”