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Title 22 — Foreign Relations and IntercourseRelease 119-73

§3981 Authority of Secretary

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER V— - CLASSIFICATION OF POSITIONS AND ASSIGNMENTS › § 3981

Last updated Apr 6, 2026|Official source

Summary

The Secretary must pick and rank Department and overseas Foreign Service jobs that are to be filled by Foreign Service members (not chiefs of mission or ambassadors at large). Those jobs are not part of the normal competitive hiring. If a job is unfilled more than 365 calendar days, it can be filled temporarily under section 3949. Job classes are set without following chapter 51 of title 5 and must match the pay rules in subchapter IV; for overseas posts the Secretary must consider service‑abroad job factors and U.S. employers’ pay practices.

Full Legal Text

Title 22, §3981

Foreign Relations and Intercourse — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 3981

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73