§3983 Assignments to non-Service and other positions

Summary

The Secretary can assign a member of the Service, with the agreement of the agency or group that will take them, to work in several kinds of posts. These include non-Foreign Service jobs (including Senior Executive Service) in the Department or another agency or in international organizations; attending domestic or international conferences or meetings; getting special training or orientation with public or private groups; or working in the United States (including territories and Puerto Rico) with state or local governments, nonprofit groups (including schools), or a Member or office of Congress. While assigned, the member must be paid whichever salary is higher: the pay they would have had without the assignment or the pay of the position they take. Their pay comes from Service salary appropriations, which may be reimbursed. If placed with a Member or office of Congress, they count as a House or Senate employee for travel and other expense payments. Ordinary assignments must not go longer than four continuous years unless the Secretary approves an extension for special circumstances. The Secretary may also assign or detail Service members or other Department employees to the American Institute in Taiwan if the Secretary finds it is in the national interest. Other federal agency heads may detail their employees there with the Secretary’s agreement and national-interest finding. The law excludes certain Senior Executive Service appointees and some excepted-service positions from the word “employee.” An AIT assignment can be with or without reimbursement from AIT and may not exceed 6 years total, except the Secretary (or another head with the Secretary’s agreement) may extend it for up to an additional 6 years.