Title 22, Foreign Relations and IntercourseRelease 119-102
§3981 Authority of Secretary
Title 22 › CHAPTER 52 — FOREIGN SERVICE › SUBCHAPTER V — CLASSIFICATION OF POSITIONS AND ASSIGNMENTS › § 3981
Summary
Secretary must designate positions in the Department and at Foreign Service posts for members of the Service, except chiefs of mission and ambassadors at large. These positions are outside the competitive service. If vacant more than 365 calendar days, they may be temporarily filled under section 3949. Classifications follow subchapter IV pay and consider overseas job factors.
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
Aug 21, 2026
Release point: 119-102