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22 U.S.C. § 3981 — Authority of Secretary
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall designate and classify positions in the Department and at Foreign Service posts which are to be occupied by members of the Service (other than by chiefs of mission and ambassadors at large). Positions designated under this section are excepted from the competitive service. If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with [section 3949 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3949&num=0&edition=prelim). Position classifications under this section shall be established, without regard to chapter 51 of title 5, in relation to the salaries established under subchapter IV. In classifying positions at Foreign Service posts abroad, the Secretary shall give appropriate weight to job factors relating to service abroad and to the compensation practices applicable to United States citizens employed abroad by United States corporations.
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Stable record: federal_law:legal_authorities:record_usc_076c4d648bbec3dd439adc49
Source file: Laws/federal/codes/united-states-code/title-22/section-3981-authority-of-secretary--c9a97e7986.md
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Passage SHA-256: a6815706a4a9346124e2a56fecbc36c30391450a683224aef3746e884629b50d
Source location: Title 22, Chapter 52, § 3981; chapter-052-foreign-service.md
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The Secretary shall designate and classify positions in the Department and at Foreign Service posts which are to be occupied by members of the Service (other than by chiefs of mission and ambassadors at large). Positions designated under this section are excepted from the competitive service. If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with [section 3949 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3949&num=0&edition=prelim). Position classifications under this section shall be established, without regard to chapter 51 of title 5, in relation to the salaries established under subchapter IV. In classifying positions at Foreign Service posts abroad, the Secretary shall give appropriate weight to job factors relating to service abroad and to the compensation practices applicable to United States citizens employed abroad by United States corporations.
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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) Positions assignable; basis for assignment**
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim) in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.
(2) In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular geographic area, or domestically, in a position working on issues relating to a particular country or geographic area, on the basis of the race, ethnicity, or religion of that member.
**(b) Filling of positions by members of Service; employment of members of State Department and other agencies** Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—
(1) Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other members of the Service.
**(c) Charge d’affaires** The President may assign a career member of the Service to serve as charge d’affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section 3902(a)(3) 11 See References in Text note below. of this title by the Secretary of State as dip
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3982
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term—
(1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7104/a&num=0&edition=prelim);
(2) “Board” means the Foreign Service Labor Relations Board, established by [section 4106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4106/a&num=0&edition=prelim);
(3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession;
(4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;
(5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters—
(A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;
(B) relating to the designation or classification of any position under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim);
(C) to the extent such matters are specifically provided for by Federal statute; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation and classification of positions to be occupied; notice** Not later than 15 days after February 15, 1981, the Secretary of Agriculture shall—
(1) designate and classify under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim) those positions in the Foreign Agricultural Service under the General Schedule described in [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) which the Secretary of Agriculture determines are to be occupied by career members of the Foreign Service, and
(2) provide written notice to individuals holding those positions of such designation and classification of the personnel category under [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3903&num=0&edition=prelim) which will apply to such individual.
**(b) Election to convert** Each employee serving in a position at the time it is designated under subsection (a) shall, not later than 120 days after notice of such designation, elect—
(1) to accept conversion to the Foreign Service, in which case such employee shall be converted in accordance with the provisions of subsection (c); or
(2) to decline conversion to the Foreign Service and have the provisions of subsection (d) apply.
**(c) Recommendations for appointment**
(1) The Secretary of Agriculture shall recommend to the President for appointment to the appropriate class (as determined under paragraph (2)), by and with the advice and consent of the Senate, those employees who elect conversion under subsection (a)(1).
(2) The Secretary of Agriculture shall appoint as Foreign Service personnel those employees who ele
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4155
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Federal law — U.S. Code and appendices · legal_authorities
Page 1453
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3981
(b) Other executive agencies
The head of an executive agency shall provide
the additional payment authorized by this sec-
tion, consistent with the provisions set forth in
subsection (a), with respect to any employee of
that agency or of an individual in a special cat-
egory serving in an uncompensated capacity for
that agency who dies as a result of injuries sus-
tained while on duty abroad because of an act of
terrorism, as defined in section 2656f(d) of this
title, while subject to the authority of the chief
of mission pursuant to section 3927 of this title.
(Pub. L. 96–465, title I, § 415, as added Pub. L.
113–76, div. K, title VII, § 7082(b)(1), Jan. 17, 2014,
128 Stat. 565; amended Pub. L. 114–113, div. K,
title VII, § 7034(d)(5)(A), Dec. 18, 2015, 129 Stat.
2763; Pub. L. 115–31, div. J, title VII, § 7034(k)(8),
May 5, 2017, 131 Stat. 651.)
Editorial Notes
REFERENCES IN TEXT
Section 2656f(d) of this title, referred to in subsecs.
(a)(1) and (b), was in the original ‘‘section 140(d) of the
Foreign Relations Authorization Act, Fiscal Years 1998
and 1999’’, and was translated as meaning ‘‘section
140(d) of the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989’’, to reflect the probable intent
of Congress.
AMENDMENTS
2017—Subsec. (a)(1). Pub. L. 115–31, which directed
amendment by adding ‘‘The group life insurance sup-
plement employee benefit paid or scheduled to be paid
pursuant to this section should not be used to reduce
any other payment to which a recipient is otherwise el-
igible under Federal law.’’ in par. (1) without specifying
a particular location, was executed by inserting the
amendment at the end of par. (1) to reflect the probable
intent of Congress.
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3981
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