22 U.S.C. § 3981 — Authority of Secretary

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. 2015—Subsec. (a)(1). Pub. L. 114–113 substituted ‘‘a special payment of $400,000, which shall be in addition to any employer provided life insurance policy cov- erage’’ for ‘‘a payment from the United States in an amount that, when added to the amount of the employ- ee’s employer-provided group life insurance policy cov- erage (if any), equals $400,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 3973 of this title. APPLICABILITY Pub. L. 114–113, div. K, title VII, § 7034(d)(5)(B), Dec. 18, 2015, 129 Stat. 2763, provided that: ‘‘The insurance benefit under section 415 of the Foreign Service Act of 1980 (22 U.S.C. 3975), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad be- cause of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.’’ § 3976. Survivors’ and dependents’ educational assistance (a) Foreign Service employees The Secretary shall, pursuant to guidance issued under section 3973(c) of this title, provide educational assistance to a beneficiary of any United States national Foreign Service em- ployee who dies while on duty abroad as a result of an act of terrorism, as defined in section 2656f(d) of this title, to meet, in whole or in part, the expenses incurred by the beneficiary in pur- suing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other edu- cational costs. (b) Other executive agencies The head of an executive agency shall, pursu- ant to guidance issued under section 3973(c) of this title provide educational assistance author- ized by this section to a beneficiary of any em- ployee of that agency who dies as a result of an act of terrorism or terrorism, as defined in sec- tion 2656f(d) of this title, while on duty abroad and subject to the authority of the chief of mis- sion pursuant to section 3927 of this title. (c) Amount of assistance Educational assistance under this section may be made available up to the amounts provided for in section 3532 of title 38, as adjusted by sec- tion 3564 of title 38, and for an aggregate period not in excess of 48 months. (d) Program of education and educational insti- tution defined For purposes of this section, the terms ‘‘pro- gram of education’’ and ‘‘educational institu- tion’’ have the meanings given the terms in sec- tion 3501 of title 38. (Pub. L. 96–465, title I, § 416, as added Pub. L. 113–76, div. K, title VII, § 7082(b)(1), Jan. 17, 2014, 128 Stat. 566.) Editorial Notes REFERENCES IN TEXT Section 2656f(d) of this title, referred to in subsecs. (a) and (b), was in the original ‘‘section 140(d) of the For- eign Relations Authorization Act, Fiscal Years 1998 and 1999’’, and was translated as meaning ‘‘section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989’’, to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable in the case of a Foreign Service or executive branch employee subject to the authority of the chief of mission pursuant to section 3927 of this title, serving at a United States diplomatic or consular mission abroad, who died on or after April 18, 1983, as a result of injuries from an act of terrorism, as defined in section 2656f(d) of this title, see section 7082(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 3973 of this title. SUBCHAPTER V—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS § 3981. Authority of Secretary The Secretary shall designate and classify po- sitions in the Department and at Foreign Serv- 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 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 par- ticular geographic area, or domestically, in a position working on issues relating to a par- ticular country or geographic area, on the basis of the race, ethnicity, or religion of that mem- ber. (b) Filling of positions by members of Service; employment of members of State Department and other agencies Positions designated as Foreign Service posi- tions 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 oth- erwise as the head of a mission (or as the head of a United States office abroad which is des- ignated under section 3902(a)(3) 1 of this title by the Secretary of State as diplomatic in nature) for such period as the public interest may re- quire. (d) Competitive ability with respect to chief of mission positions and for assignments out- side areas of specialization The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall imple- ment policies and procedures to insure that For- eign Service officers and members of the Senior Foreign Service of all agencies are able to com- pete for chief of mission positions and have op- portunities on an equal basis to compete for as- signments outside their areas of specialization. (Pub. L. 96–465, title I, § 502, Oct. 17, 1980, 94 Stat. 2093; Pub. L. 98–164, title I, § 130(b), Nov. 22, 1983, 97 Stat. 1027; Pub. L. 114–323, title IV, § 414(d), Dec. 16, 2016, 130 Stat. 1933; Pub. L. 117–81, div. E, title LI, § 5109(2), Dec. 27, 2021, 135 Stat. 2349.) Editorial Notes REFERENCES IN TEXT Section 3902(a)(3) of this title, referred to in subsec. (c), was redesignated section 3902(3) of this title pursu- ant to Pub. L. 98–164, which struck out the designation ‘‘(a)’’ and subsec. (b) of section 3902. AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 117–81 inserted ‘‘, or do- mestically, in a position working on issues relating to a particular country or geographic area,’’ after ‘‘par- ticular geographic area’’. 2016—Subsec. (a)(2). Pub. L. 114–323 inserted ‘‘or pro- hibited from being assigned to’’ after ‘‘assigned to’’ and struck out ‘‘exclusively’’ before ‘‘on the basis’’. 1983—Subsec. (d). Pub. L. 98–164 added subsec. (d). Statutory Notes and Related Subsidiaries ASSIGNMENT PROCESS MODERNIZATION Pub. L. 118–159, div. G, title LXXI, § 7107, Dec. 23, 2024, 138 Stat. 2524, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2024], the Secretary [of State] shall modernize the Foreign Serv- ice bidding process, and should consider incorporating the following elements: ‘‘(1) A stable-pair matching, preference-ranking system for non-directed Foreign Service employees and hiring bureaus, allowing for a more strategic alignment of workforce and resources. ‘‘(2) Incorporation of lessons learned from the pre- vious stable-pair matching bidding pilot framework referred to as ‘iMatch’ but applied more expansively to include non-directed assignments up through FS–01 positions, taking advantage of efficiency bene- fits such as tandem assignment functionalities. ‘‘(3) Mechanisms to ensure transparency, efficiency, effectiveness, accountability, and flexibility in the assignment process, while maintaining equal oppor- tunities for all employees in the Foreign Service. ‘‘(4) An independent auditing process to ensure ad- herence to established rules, effectiveness in meeting the Department’s [Department of State’s] needs, and prevention of bias or manipulation, including through the use of protected categories in making as- signment decisions. ‘‘(b) CONSIDERATION OF CERTAIN PROMOTION ISSUES.— In parallel with assignment process modernization ef- forts, the Secretary shall—