---
kind: "section"
citation: "22 U.S.C. § 3981"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "3981"
heading: "Authority of Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/3981"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter V — Classification of Positions and Assignments"
---

# §3981. Authority of Secretary


The [Secretary](/usc/22/3902.md?p=10) shall designate and classify positions in the [Department](/usc/22/3902.md?p=4) 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](/usc/22/3949.md). Position classifications under this section shall be established, without regard to [chapter 51](/usc/5/chptIII/sptD/ch51.md) of title 5, in relation to the salaries established under subchapter IV. In classifying positions at Foreign Service posts [abroad](/usc/22/3902.md?p=1), the [Secretary](/usc/22/3902.md?p=10) shall give appropriate weight to job factors relating to service [abroad](/usc/22/3902.md?p=1) and to the compensation practices applicable to United States citizens employed [abroad](/usc/22/3902.md?p=1) by United States corporations.


## Source credit

(Pub. L. 96–465, title I, § 501, Oct. 17, 1980, 94 Stat. 2092; Pub. L. 117–81, div. E, title LI, § 5109(1), Dec. 27, 2021, 135 Stat. 2349.)

## Notes

### 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.”