U.S. Code » Title 22 » CHAPTER 52— FOREIGN SERVICE › SUBCHAPTER III— APPOINTMENTS

22 U.S.C. § 3946

Career appointments

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(a) Trial period under limited appointmentBefore 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, or(2) to recommend to the President that the candidate be given a career appointment under section 3942 of this title.(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.

(Pub. L. 96–465, title I, § 306, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 181(c), Dec. 22, 1987, 101 Stat. 1363.)Editorial NotesAmendments

1987—Subsec. (c). Pub. L. 100–204 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Pub. L. 100–204, title I, § 181(e), Dec. 22, 1987, 101 Stat. 1364, provided that: “The amendments made by this section [amending this section and sections 4010 and 4137 of this title] shall not apply with respect to any grievance in which the Board has issued a final decision pursuant to section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) before the date of enactment of this Act [Dec. 22, 1987].”

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1985–2024 · leading case: Alison Palmer v. George P. Shultz, as Sec'y of State. Marguerite Cooper v. George P. Shultz, as Sec'y of State, 815 F.2d 84 (D.C. Cir. 1987).
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Alison Palmer v. George P. Shultz, as Sec'y of State. Marguerite Cooper v. George P. Shultz, as Sec'y of State, 815 F.2d 84 (D.C. Cir. 1987). · cites it 2× “22 U.S.C. § 3946 . If at the end of that period an individual has not received a career appointment, he or she must leave the Service.”
Beberman v. United States, 129 Fed. Cl. 539 (Fed. Cl. 2016). · cites it 2× “22 U.S.C. § 3946 (a). A commissioning and tenure board recommends whether an employee should receive tenure and a career appointment.”
Willene Daniels v. Charles Z. Wick, 812 F.2d 729 (D.C. Cir. 1987). · cites it 4× “22 U.S.C. § 3946 . The limited appointment that a career candidate must first serve “may not exceed 5 years in duration and .”
Daniels v. Wick, 655 F. Supp. 26 (D.D.C. 1985). · cites it 5× “2086 , 22 U.S.C. § 3946 , limited his authority to make career appointments to those based on recommendations of boards which have evaluated the fitness and aptitude of the career candidate.”
J.M. Miller v. James A. Baker, Iii, 969 F.2d 1098 (D.C. Cir. 1992). “22 U.S.C. §§ 3946 (b), 4001-4002. The tenure board bases its recommendation on the employee’s personnel records.”
Bonilla v. United States, 653 F. Supp. 749 (D.D.C. 1987). · cites it 2× “After reviewing the legislative history of section 306 of the Foreign Service Act of 1980, 22 U.S.C. § 3946 (1982) (providing that tenure recommendations should come from [Commissioning and Tenure] Boards), and the policy considerations underlying the authority of Grievance…”
Miller v. Baker, 749 F. Supp. 293 (D.D.C. 1990). “FSA § 306(a), codified at 22 U.S.C. § 3946 (a). The term of a limited appointment may not exceed five years, unless extended.”
Beberman v. United States, 131 Fed. Cl. 522 (Fed. Cl. 2017). · cites it 2× “Upon entry to the Foreign Service, employees serve under a limited appointment for a trial period not to exceed five years, 22 U.S.C. §§ 3946 (a), 3949(a) (2012), during which a commissioning and tenure board recommends whether an employee should receive tenure and a career…”
Julie Beberman v. Sec'y United States Depart, No. 19-2745 (3d Cir. June 7, 2022). “See 22 U.S.C. § 3946 (a) (requiring Foreign Service career candidates to “first serve under a limited appointment as a career candidate for a trial period of service prescribed by the Secretary”); 22 C.”
Beberman v. U.S. Dep't Of State, No. 1:14-cv-00020 (D.V.I. Jan. 31, 2020). “¶ 6 (citing 22 U.S.C. § 3946 (a)).) Foreign Service Officers who are not recommended for tenure are separated from the Foreign Service (id.”
Beberman v. Blinken, No. 2021-3082 (D.D.C. Dec. 11, 2024). “22 U.S.C. § 3946 (a); 22 C.F.R. § 11.20 (a)(3).”
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