§3951 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary can hire U.S. citizens who are family members of government employees posted overseas, or who live at a post, into jobs normally filled by Foreign Service officers, Foreign Service staff, or local employees. Being a family member is a positive factor in hiring. Family-member hires must meet the same job standards as Foreign Service staff. Pay rules differ. Non-family hires at a post get local pay under section 3968. Family members get pay under the Foreign Service pay schedule or rates in section 3967. In rare cases, the Secretary can pay a non-family hire at Foreign Service rates for the national interest. Non-family hires under this rule are not eligible for certain benefits under this chapter or under some chapters of title 5.

Title 22, §3951

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary, under section 3943 of this title, may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees.

(b)The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person.

(c)(1)Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under section 3968 of this title.

(2)Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 3967 of this title.

(3)In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 3967 of this title, if the Secretary determines that the national interest would be served by such payments.

(d)Nonfamily member United States citizens employed under this section shall not be eligible by reason of such employment for benefits under subchapter VIII of this chapter, or under chapters 11 So in original. Probably should be “chapter”. 83 or 84 of title 5.

(e)The Secretary shall hold a family member of a government employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (e). Pub. L. 117–81 added subsec. (e). 1994—Pub. L. 103–415 substituted “United States citizens hired abroad” for “Employment of family members of Government employees” as section catchline and inserted “by reason of such employment” after “eligible” in subsec. (d). Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: “(a) The Secretary, when employing individuals abroad in positions to which career members of the Service are not customarily assigned (including, when continuity over a long term is not a significant consideration, vacant positions normally filled by foreign national employees), shall give equal consideration to employing available qualified family members of members of the Service or of other Government employees assigned abroad. Family members so employed shall serve under renewable limited appointments in the Service and may be paid either in accordance with the Foreign Service Schedule or a local compensation plan established under section 3968 of this title. “(b) Employment of family members in accordance with this section may not be used to avoid fulfilling the need for full-time career positions.”

§3951 United States citizens hired abroad

Summary

Title 22, §3951

Notes & Related Subsidiaries

Editorial Notes

Amendments

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