§4026 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary can pay for professional career counseling, job advice, and placement help for members leaving the Service and for former members who were already set to get that help before they left, if money is available. These services can’t be used to give someone mostly paid time to look for work for more than one month. People separated for cause are not covered. The Secretary must also take steps to help spouses and Service members find work. That can include regular counseling, a central system listing skills and job openings, and other help getting hired. The Secretary may make rules to give eligible family members hiring preference for Department civilian jobs overseas (even with the marital-discrimination rule at 5 U.S.C. 2302(b)(1)(E)), but only if they are among the best qualified and the job is in the same country as their sponsoring employee. The rules must also require job notices to reach them and, when practical, have them considered for jobs in that country. This does not give them hiring rights over people who are otherwise preference eligible. A chief of mission may let eligible family members and outside groups use embassy or consulate space for job training under ICASS rules. The Secretary may work with the Director of the Office of Personnel Management and other agencies to expand federal help and must set up a family liaison office. “Eligible family member” means family of government employees assigned abroad or hired at their post who are appointed by the Secretary of State or the USAID Administrator under sections 3902, 3922, 3943, and 3951.

Title 22, §4026

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)In order to facilitate their transition from the Service, the Secretary may provide (by contract or otherwise, subject to the availability of appropriations) professional career counseling, advice, and placement assistance to members of the Service, and to former members of the Service who were assigned to receive counseling and assistance under this subsection before they were separated from the Service, other than those separated for cause. Career counseling and related services provided pursuant to this chapter shall not be construed to permit an assignment that consists primarily of paid time to conduct a job search and without other substantive duties for more than one month.

(b)(1)The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include—

(A)providing regular career counseling for such spouses;

(B)maintaining a centralized system for cataloging their skills and the various governmental and nongovernmental employment opportunities available to them; and

(D)11 So in original. There is no subpar. (C). otherwise assisting them in obtaining employment.

(2)The Secretary may prescribe regulations—

(A)to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in 5 U.S.C. 2302(b)(1)(E), if—

(i)the eligible family member is among persons determined to be best qualified for the position; and

(ii)the position is located in the overseas country of assignment of their sponsoring employee;

(B)to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and

(C)to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee.

(3)Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible.

(4)Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members.

(5)The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment.

(6)The Secretary shall establish a family liaison office to carry out this subsection and such other functions as the Secretary may determine.

(7)In this subsection, the term “eligible family member” refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to section 3902, 3922, 3943, and 3951 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81, § 6203(1)(A), which directed substitution of “The Secretary shall implement such measures as the Secretary considers necessary to facilitate the employment of spouses and members of the Service. The measures may include—” for “The Secretary may facilitate the employment of spouses of members of the Foreign Service by—” in introductory provisions, was executed by making the substitution for “The Secretary may facilitate the employment of spouses of members of the Service by—”, to reflect the probable intent of Congress. Subsec. (b)(1)(C). Pub. L. 117–81, § 6203(1)(C), which directed amendment of subpar. (C) to read as follows: “establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under section 1784 and 1784a of title 10 and subject to such

Regulations

as the Secretary may prescribe modeled after those prescribed pursuant to subsection (b) of such section 1784;”, could not be executed because of the prior redesignation of subpar. (C) as (D) by Pub. L. 117–81, § 6203(1)(B). See below. Subsec. (b)(1)(D). Pub. L. 117–81, § 6203(1)(B), redesignated subpar. (C) as (D). Subsec. (b)(2) to (5). Pub. L. 117–81, § 6203(3), added pars. (2) to (5). Former par. (2) redesignated (6). Subsec. (b)(6). Pub. L. 117–81, § 6203(2), redesignated par. (2) as (6). Subsec. (b)(7). Pub. L. 117–81, § 6203(4), added par. (7). 1998—Subsec. (a). Pub. L. 105–277 inserted at end “Career counseling and related services provided pursuant to this chapter shall not be construed to permit an assignment that consists primarily of paid time to conduct a job search and without other substantive duties for more than one month.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2314(b), Oct. 21, 1998, 112 Stat. 2681–828, provided that: “The amendment made by subsection (a) [amending this section] shall be effective 180 days after the date of the enactment of this Act [Oct. 21, 1998].” Authority of Secretary of State Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.

§4026 Career counseling