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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3981. Authority of Secretary

Statutory text

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. 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 96–465 title I § 501 · 94 Stat. 2071

    Enacted · 22 U.S.C. § 3981

    Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat. 2092

    Source evidence

    Code source credit
    Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat. 2092

    Enacted provision · exact public law section
    Sec. 501. Classification of Positions.— 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. Position classifications under this section shall be established, without regard 5 USC 5101 et seq. to chapter 51 of title 5, United States Code, in relation to the salaries established under chapter 4. In classifying positions at Foreign Ante, p. 2087. 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.

  2. Department of State Authorization Act of 2021

    Pub. L. 117–81 div. E title LI § 5109(1) · 135 Stat. 1541

    Inserted · 22 U.S.C. § 3981

    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 accordance with section 3949 of this title.”

    Source evidence

    Code amendment note
    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 accordance with section 3949 of this title.”

    Enacted provision · exact public law section
    (1) in section 501 (22 U.S.C. 3981), by inserting “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 309.” after “Positions designated under this section are excepted from the competitive service.”; and

2 of 2 references resolved to an enrolled provision

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 accordance with section 3949 of this title.”

Credits

1980–2021 · 2 acts
  1. 1980Pub. L. 96–465, title I, § 501, , 94 Stat. 2092
  2. 2021Pub. L. 117–81, div. E, title LI, § 5109(1), , 135 Stat. 2349.
Show as published

(Pub. L. 96–465, title I, § 501, , 94 Stat. 2092; Pub. L. 117–81, div. E, title LI, § 5109(1), , 135 Stat. 2349.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s3981