§ 3982. — Assignments to Foreign Service positions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3982]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER V--CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
Sec. 3982. Assignments to Foreign Service positions
(a) Positions assignable; basis for assignment
(1) The Secretary (with the concurrence of the agency concerned) may
assign a member of the Service to any position classified under section
3981 of this title in which that member is eligible to serve (other than
as chief of mission or ambassador at large), and may assign a member
from one such position to another such position as the needs of the
Service may require.
(2) In making assignments under paragraph (1), the Secretary shall
assure that a member of the Service is not assigned to a position at a
post in a particular geographic area exclusively on the basis of the
race, ethnicity, or religion of that member.
(b) Filling of positions by members of Service; employment of members of
State Department and other agencies
Positions designated as Foreign Service positions normally shall be
filled by the assignment of members of the Service to those positions.
Subject to that limitation--
(1) Foreign Service positions may be filled by the assignment
for specified tours of duty of employees of the Department and,
under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other
members of the Service.
(c) Charge d'affaires
The President may assign a career member of the Service to serve as
charge d'affaires or otherwise as the head of a mission (or as the head
of a United States office abroad which is designated under section
3902(a)(3) \1\ of this title by the Secretary of State as diplomatic in
nature) for such period as the public interest may require.
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\1\ See References in Text note below.
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(d) Competitive ability with respect to chief of mission positions and
for assignments outside areas of specialization
The Secretary of State, in conjunction with the heads of the other
agencies utilizing the Foreign Service personnel system, shall implement
policies and procedures to insure that Foreign Service officers and
members of the Senior Foreign Service of all agencies are able to
compete for chief of mission positions and have opportunities on an
equal basis to compete for assignments outside their areas of
specialization.
(Pub. L. 96-465, title I, Sec. 502, Oct. 17, 1980, 94 Stat. 2093; Pub.
L. 98-164, title I, Sec. 130(b), Nov. 22, 1983, 97 Stat. 1027.)
References in Text
Section 3902(a)(3) of this title, referred to in subsec. (c), was
redesignated section 3902(3) of this title pursuant to Pub. L. 98-164,
which struck out the designation ``(a)'' and subsec. (b) of section
3902.
Amendments
1983--Subsec. (d). Pub. L. 98-164 added subsec. (d).
Delegation of Functions
Functions of President under subsec. (c) delegated to Secretary of
State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R.
13969, set out as a note under section 3901 of this title.
Report Respecting Policies and Procedures Adopted To Improve Competitive
Ability of Personnel
Section 130(c) of Pub. L. 98-164 directed Secretary of State, not
later than one year after Nov. 22, 1983, to submit a report to Speaker
of House of Representatives and chairman of Committee on Foreign
Relations of Senate describing policies and procedures adopted pursuant
to the amendment made by section 130(b) of Pub. L. 98-164, adding
subsec. (d) of this section, prior to repeal by Pub. L. 103-236, title
I, Sec. 139(10), Apr. 30, 1994, 108 Stat. 398.
Section Referred to in Other Sections
This section is referred to in sections 3902, 3903 of this title.
