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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§3981 Authority of Secretary

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary assigns certain Department and overseas jobs to members of the Foreign Service (not chiefs of mission or ambassadors at large). Those jobs are not part of the regular competitive hiring system. If a designated job is empty more than 365 calendar days, it may be filled temporarily under section 3949. Job ranks are set without following chapter 51 and tied to the pay rules in subchapter IV. When setting ranks for posts abroad, the Secretary must consider overseas work conditions and how U.S. companies pay U.S. citizens working overseas.

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 5, 2026

Release point: 119-73not60