§ 3983. — Assignments to nonService and other 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: 22USC3983]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER V--CLASSIFICATION OF POSITIONS AND ASSIGNMENTS
Sec. 3983. Assignments to non-Service and other positions
(a) Positions assignable
The Secretary may (with the concurrence of the agency, organization,
or other body concerned) assign a member of the Service for duty--
(1) in a non-Foreign Service (including Senior Executive
Service) position in the Department or another agency, or with an
international organization, international commission, or other
international body;
(2) with a domestic or international trade, labor, agricultural,
scientific, or other conference, congress, or gathering;
(3) for special instruction, training, or orientation at or with
a public or private organization; and
(4) in the United States (or in any territory or possession of
the United States or in the Commonwealth of Puerto Rico), with a
State or local government, a public or private nonprofit
organization (including an educational institution), or a Member or
office of the Congress.
(b) Salary; travel and other expenses
(1) The salary of a member of the Service assigned under this
section shall be the higher of the salary which that member would
receive but for the assignment under this section or the salary of the
position to which that member is assigned.
(2) The salary of a member of the Service assigned under this
section shall be paid from appropriations made available for the payment
of salaries and expenses of the Service. Such appropriations may be
reimbursed for all or any part of the costs of salaries and other
benefits for members assigned under this section.
(3) A member of the Service assigned under subsection (a)(4) of this
section to a Member or office of the Congress shall be deemed to be an
employee of the House of Representatives or the Senate, as the case may
be, for purposes of payment of travel and other expenses.
(c) Length of assignment
Except as otherwise provided in subsection (d)(5) of this section,
assignments under this section may not exceed four years of continuous
service for any member of the Service unless the Secretary approves an
extension of such period for that member because of special
circumstances.
(d) Assignment to the American Institute in Taiwan
(1) The Secretary may assign a member of the Service, or otherwise
detail an employee of the Department, for duty at the American Institute
in Taiwan, if the Secretary determines that to do so is in the national
interest of the United States.
(2) The head of any other department or agency of the United States
may, with the concurrence of the Secretary, detail an employee of that
department or agency to the American Institute in Taiwan, if the
Secretary determines that to do so is in the national interest of the
United States.
(3) In this subsection, the term ``employee'' does not include--
(A) a noncareer appointee, limited term appointee, or limited
emergency appointee (as such terms are defined in section 3132(a) of
title 5) in the Senior Executive Service; or
(B) an employee in a position that has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
(4) An assignment or detail under this subsection may be made with
or without reimbursement from the American Institute in Taiwan.
(5) The period of an assignment or detail under this subsection
shall not exceed a total of 6 years, except that the Secretary (or any
other head of a department or agency of the United States, with the
concurrence of the Secretary) may extend the period of an assignment or
detail for an additional period of not more than 6 years.
(Pub. L. 96-465, title I, Sec. 503, Oct. 17, 1980, 94 Stat. 2093; Pub.
L. 107-228, div. A, title III, Sec. 326, Sept. 30, 2002, 116 Stat.
1386.)
Amendments
2002--Subsec. (c). Pub. L. 107-228, Sec. 326(2), substituted
``Except as otherwise provided in subsection (d)(5) of this section,
assignments'' for ``Assignments''.
Subsec. (d). Pub. L. 107-228, Sec. 326(1), added subsec. (d).
Section Referred to in Other Sections
This section is referred to in title 7 section 1767.
