22 U.S.C. § 3984 — Service in United States and abroad

Page 1456 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3984 (b) Salary; travel and other expenses (1) The salary of a member of the Service as- signed under this section shall be the higher of the salary which that member would receive but for the assignment under this section or the sal- ary of the position to which that member is as- signed. (2) The salary of a member of the Service as- signed under this section shall be paid from ap- propriations made available for the payment of salaries and expenses of the Service. Such appro- priations may be reimbursed for all or any part of the costs of salaries and other benefits for members assigned under this section. (3) A member of the Service assigned under subsection (a)(4) to a Member or office of the Congress shall be deemed to be an employee of the House of Representatives or the Senate, as the case may be, for purposes of payment of travel and other expenses. (c) Length of assignment Except as otherwise provided in subsection (d)(5), assignments under this section may not exceed four years of continuous service for any member of the Service unless the Secretary ap- proves an extension of such period for that member because of special circumstances. (d) Assignment to the American Institute in Tai- wan (1) The Secretary may assign a member of the Service, or otherwise detail an employee of the Department, for duty at the American Institute in Taiwan, if the Secretary determines that to do so is in the national interest of the United States. (2) The head of any other department or agen- cy of the United States may, with the concur- rence of the Secretary, detail an employee of that department or agency to the American In- stitute in Taiwan, if the Secretary determines that to do so is in the national interest of the United States. (3) In this subsection, the term ‘‘employee’’ does not include— (A) a noncareer appointee, limited term ap- pointee, or limited emergency appointee (as such terms are defined in section 3132(a) of title 5) in the Senior Executive Service; or (B) an employee in a position that has been excepted from the competitive service by rea- son of its confidential, policy-determining, policy-making, or policy-advocating char- acter. (4) An assignment or detail under this sub- section may be made with or without reimburse- ment from the American Institute in Taiwan. (5) The period of an assignment or detail under this subsection shall not exceed a total of 6 years, except that the Secretary (or any other head of a department or agency of the United States, with the concurrence of the Secretary) may extend the period of an assignment or de- tail for an additional period of not more than 6 years. (Pub. L. 96–465, title I, § 503, Oct. 17, 1980, 94 Stat. 2093; Pub. L. 107–228, div. A, title III, § 326, Sept. 30, 2002, 116 Stat. 1386.) Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–228, § 326(2), substituted ‘‘Except as otherwise provided in subsection (d)(5), as- signments’’ for ‘‘Assignments’’. Subsec. (d). Pub. L. 107–228, § 326(1), added subsec. (d). § 3984. Service in United States and abroad (a) Obligation to serve abroad; length of stay in United States Career members of the Service shall be obli- gated to serve abroad and shall be expected to serve abroad for substantial portions of their ca- reers. The Secretary shall establish by regula- tion limitations upon assignments of members of the Service within the United States. A mem- ber of the Service may not be assigned to duty within the United States for any period of con- tinuous service exceeding eight years unless the Secretary approves an extension of such period for that member because of special cir- cumstances. (b) Intermittent duty within United States Consistent with the needs of the Service, the Secretary shall seek to assign each career mem- ber of the Service who is a citizen of the United States (other than those employed in accord- ance with section 3951 of this title) to duty with- in the United States at least once during each period of fifteen years that the member is in the Service. (c) Sabbaticals The Secretary may grant a sabbatical to a ca- reer member of the Senior Foreign Service for not to exceed eleven months in order to permit the member to engage in study or uncompen- sated work experience which will contribute to the development and effectiveness of the mem- ber. A sabbatical may be granted under this sub- section under conditions specified by the Sec- retary in light of the provisions of section 3396(c) of title 5, which apply to sabbaticals granted to members of the Senior Executive Service. (Pub. L. 96–465, title I, § 504, Oct. 17, 1980, 94 Stat. 2094; Pub. L. 103–236, title I, § 180(a)(5), Apr. 30, 1994, 108 Stat. 416.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–236 inserted ‘‘(other than those employed in accordance with section 3951 of this title)’’ after ‘‘citizen of the United States’’. § 3985. Temporary details A period of duty of not more than six months in duration by a member of the Service shall be considered a temporary detail and shall not be considered an assignment within the meaning of this subchapter. (Pub. L. 96–465, title I, § 505, Oct. 17, 1980, 94 Stat. 2094.)