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Title 22, Foreign Relations and IntercourseRelease 119-110

§3951 United States Citizens Hired Abroad

Title 22 › CHAPTER 52 — FOREIGN SERVICE › SUBCHAPTER III — APPOINTMENTS › § 3951

Last updated Sep 23, 2026|Official source

Summary

Authorizes the Secretary (under section 3943) to hire U.S. citizens who are family members of government workers posted overseas, or who live at the same post, into jobs normally filled by Foreign Service officers, Foreign Service staff, or local employees. Being a family member must be treated as a positive factor when choosing among applicants. Non-family hires at their post are paid under local pay plans (section 3968). Family hires get pay under the Foreign Service Schedule or the rates in section 3967. In rare cases the Secretary can pay a non-family hire under those Foreign Service rates if it serves the national interest. Non-family hires under this rule cannot get benefits under subchapter VIII or chapters 83 or 84 of title 5. Family hires must meet the same employment standards as persons in similar Foreign Service or local jobs.

Full Legal Text

Title 22, §3951

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Appointment of family members
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)Family nexus as affirmative hiring factor (c) Compensation of family and non-family member employees
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.
(d)Non-family member employees ineligible for certain benefits
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 83 or 84 of title 5.
(e)Employment standards
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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 3951

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 23, 2026

Release point: 119-110