§ 3951. United States citizens hired abroad

Footnotes

1. 1 So in original. Probably should be “chapter”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 311 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 3951

   Pub. L. 96–465, title I, § 311, Oct. 17, 1980, 94 Stat. 2087

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 311, Oct. 17, 1980, 94 Stat. 2087

   Enacted provision · exact public law section
   Sec. 311. Employment of Family Members of Government Employees.— (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 ervice and may be paid either in accordance with the Foreign Service Schedule or a local compensation plan established under section 408. (b) Employment of family members in accordance with this section may not be used to avoid fulfilling the need for full-time career positions.

2. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 180(a)(2) · 108 Stat. 382

   Amended · 22 U.S.C. § 3951

   Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows:

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) Section 311 of such Act is amended to read as follows: 22 USC 3951. “(a) The Secretary, under section 303, 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) (l) 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 408. “(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407. “(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407, 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 for benefits under chapter 8 of this Act, or under chapters 83 or 84 of title 5, United States Code.”.

3. 1994

   Pub. L. 103–415 § 1(h)(1) · 108 Stat. 4299

   1. Substituted · 22 U.S.C. § 3951

      Pub. L. 103–415 substituted “United States citizens hired abroad” for “Employment of family members of Government employees” as section catchline

   2. Inserted · 22 U.S.C. § 3951

      Pub. L. 103–415 inserted “by reason of such employment” after “eligible” in subsec. (d)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (1) in section 311— (A) by striking the section heading and inserting in lieu thereof: “Sec. 311. United States Citizens Hired Abroad.— and (B) in subsection (d) by inserting “by reason of such employment” after “eligible”;

4. 2021

   Foreign Service Families Act of 2021

   Pub. L. 117–81 div. F title LXII § 6205 · 135 Stat. 1541

   Added · 22 U.S.C. § 3951(e)

   Pub. L. 117–81 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 117–81 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS OR FOREIGN NATIONAL EMPLOYEES.   Section 311 of the Foreign Service Act of 1980 (22 U.S.C. 3951) is amended by adding at the end the following: “(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.” .

5 of 5 references resolved to an enrolled provision