U.S. Code » Title 22 » Chapter CHAPTER 52— FOREIGN SERVICE › Subchapter SUBCHAPTER V— CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

22 U.S.C. § 3981

Authority of Secretary

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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.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1988–2022 · leading case: Julie Beberman v. Sec'y US Dept of State (3rd Cir. 2022).
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Julie Beberman v. Sec'y US Dept of State (3rd Cir. 2022). · cites it 2× “See 22 U.S.C. § 3981 (a)(1).6 Beberman has failed to demonstrate that the Board, in finding the State Department acted within its discretion in denying her per diem, acted contrary to the law, abused its discretion, or violated her statutory rights.”
Julie Beberman v. Sec'y US Dept of State (3rd Cir. 2022). · cites it 2× “See 22 U.S.C. § 3981 (a)(1).6 Beberman has failed to demonstrate that the Board, in finding the State Department acted within its discretion in denying her per diem, acted contrary to the law, abused its discretion, or violated her statutory rights.”
Dardis v. Shultz, 689 F. Supp. 15 (D.D.C. 1988). · cites it 3× “See 22 U.S.C. § 3981 ; E.O. 12,293, § 5. On the basis of the administrative record, it appears that the Secretary of State distributed Foreign Service Officers among grades and classes that approximately correspond to the pre-conversion system and distribution of grades and…”
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