
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
