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22 U.S.C. § 3982 — Assignments to Foreign Service positions
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
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Stable record: federal_law:legal_authorities:record_usc_2edc937378efdf31757ca7e7
Source file: Laws/federal/codes/united-states-code/title-22/section-3982-assignments-to-foreign-service-positions--429e89f340.md
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Source location: Title 22, Chapter 52, § 3982; chapter-052-foreign-service.md
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**(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 diplomatic in nature) for such period as the public interest may require.
**(d) Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization** The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their areas of specialization.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3981
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Broadcasting Board of Governors and the Administrator of the Agency for International Development may utilize the Foreign Service personnel system with respect to their respective agencies in accordance with this chapter.
(2) The Secretary of Agriculture may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to personnel of the Foreign Agricultural Service, and
(B) with respect to other personnel of the Department of Agriculture to the extent the President determines to be necessary in order to enable the Department of Agriculture to carry out functions which require service abroad.
(3) The Secretary of Commerce may utilize the Foreign Service personnel system in accordance with this chapter—
(A) with respect to the personnel performing functions transferred to the Department of Commerce from the Department of State by Reorganization Plan Numbered 3 of 1979, and
(B) with respect to other personnel of the Department of Commerce to the extent the President determines to be necessary in order to enable the Department of Commerce to carry out functions which require service abroad.
(4)
(A) Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Government, the Secretary of State may authorize the head of any agency or other Government establishment (including any establishment in the legislative or judicial branch) to appoint under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim) individuals described in subparagraph (B) as members of the Service and to utilize the Foreign Service personnel system with respect to such individuals under such regulations as the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3922
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appeal of assignment restriction** The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.
**(b) Certification** Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee 11 So in original. Probably should be “committees”. a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
**(c) Notice** The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2734c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1454
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3982
1 See References in Text note below.
ice 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 com-
petitive service. If a position designated under
this section is unfilled for more than 365 cal-
endar days, such position may be filled, as ap-
propriate, on a temporary basis, in accordance
with section 3949 of this title. Position classi-
fications under this section shall be established,
without regard to chapter 51 of title 5, in rela-
tion to the salaries established under subchapter
IV. In classifying positions at Foreign Service
posts abroad, the Secretary shall give appro-
priate weight to job factors relating to service
abroad and to the compensation practices appli-
cable to United States citizens employed abroad
by United States corporations.
(Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat.
2092; Pub. L. 117–81, div. E, title LI, § 5109(1), Dec.
27, 2021, 135 Stat. 2349.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 117–81 inserted after second sentence ‘‘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 accord-
ance with section 3949 of this title.’’
§ 3982. Assignments to Foreign Service positions
(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 in which that member is eligi-
ble to serve (other than as chief of mission or
ambassador at large), and may assign a member
from one such posi
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3982
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.