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22 U.S.C. § 3951 — United States citizens hired abroad
Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment of family members** The Secretary, under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), 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** 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) Compensation of family and non-family member employees**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim), if the Secretary determines that the national interest would be served by such payments.
**(d) Non-family member employees in
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Stable record: federal_law:legal_authorities:record_usc_3bdfa6beafc9531146c71e62
Source file: Laws/federal/codes/united-states-code/title-22/section-3951-united-states-citizens-hired-abroad--da7e47a674.md
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Source location: Title 22, Chapter 52, § 3951; chapter-052-foreign-service.md
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**(a) Appointment of family members** The Secretary, under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), 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** 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) Compensation of family and non-family member employees**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3967&num=0&edition=prelim), if the Secretary determines that the national interest would be served by such payments.
**(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 11 So in original. Probably should be “chapter”. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may establish salary rates at rates lower than those established for the Foreign Service Schedule for the Foreign Service personnel described in subsection (b). The rates established under this subsection may be no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim).
**(b)** The Secretary may pay Foreign Service personnel who are recruited abroad, who are not available or are not qualified for assignment to another Foreign Service post, and who perform duties of a more routine nature than are generally performed by Foreign Service personnel assigned to class 9 in the Foreign Service Schedule, in accordance with the salary rates established under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3967
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund**
(1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under [section 3951(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/c/1&num=0&edition=prelim). To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including participation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to United States citizens at a rate which is no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). Any compensation plan established under this section may include provision for (A) leaves of absence with pay for employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in [section 6310 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim), (B) programs for voluntary transfers of such leave and voluntary leave banks, which shall, to the extent practicable, be established in a manner consistent with the provisions of subchapters III and IV, respectively, of chapter 63 of title 5, and (C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to financ
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3968
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim)) in accordance with this chapter and such regulations as the Secretary may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3943
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Obligation to serve abroad; length of stay in United States** Career members of the Service shall be obligated to serve abroad and shall be expected to serve abroad for substantial portions of their careers. The Secretary shall establish by regulation limitations upon assignments of members of the Service within the United States. A member of the Service may not be assigned to duty within the United States for any period of continuous service exceeding eight years unless the Secretary approves an extension of such period for that member because of special circumstances.
**(b) Intermittent duty within United States** Consistent with the needs of the Service, the Secretary shall seek to assign each career member of the Service who is a citizen of the United States (other than those employed in accordance with [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim)) to duty within the United States at least once during each period of fifteen years that the member is in the Service.
**(c) Sabbaticals** The Secretary may grant a sabbatical to a career member of the Senior Foreign Service for not to exceed eleven months in order to permit the member to engage in study or uncompensated work experience which will contribute to the development and effectiveness of the member. A sabbatical may be granted under this subsection under conditions specified by the Secretary in light of the provisions of [section 3396(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3396/c&num=0&edition=prelim), which apply to sabbaticals granted to members of the Senior Executive Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3984
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay**
(1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault.
(2)
(A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate, on the basis of misconduct, any member of the Service (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) who either—
(i) is serving under a career appointment, or
(ii) is serving under a limited appointment,
the member may not be separated from the Service until the member receives a hearing before the Foreign Service Grievance Board and the Board decides that cause for separation has been established, unless the member waives, in writing, the right to such a hearing, or the member’s appointment has expired, whichever is sooner.
(B) The right to a hearing in subparagraph (A) does not apply in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than one year may be imposed.
(3) If the Board decides that cause for separation has not been established, the Board may direct the Department to pay reasonable attorneys’ fees to the extent and in the manner provided by [section 4137(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4137/b/5&num=0&edition=prelim). The hearing provided under this paragr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4010
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nature and correlation of training and instruction; encouragement of complementary programs; employment of personnel; acquisition of property and equipment** In the exercise of functions under this subchapter, the Secretary of State may—
(1) provide for the general nature of the training and instruction to be furnished by the institution, including functional and geographic area specializations;
(2) correlate training and instruction furnished by the institution with courses given at other Government institutions and at private institutions which furnish training and instruction useful in the field of foreign affairs;
(3) encourage and foster programs complementary to those furnished by the institution, including through grants and other gratuitous assistance to nonprofit institutions cooperating in any of the programs under this subchapter;
(4)
(A) employ in accordance with the civil service laws such personnel as may be necessary to carry out the provisions of this subchapter, and
(B) if and to the extent determined to be necessary by the Secretary of State, obtain without regard to the provisions of law governing appointments in the competitive service, by appointment or contract (subject to the availability of appropriations), the services of individuals to serve as education and training specialists, including language instructors and linguists, and other specialists who perform work directly relating to the design, delivery, oversight, or coordination of training delivered by the institution (including, in the absence of suitably qualified United States citizens, qualified individuals who are not citizens of the United States); and
(5) acquire such real and personal property and equipment as may be necessary for the establishment, maintenance, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4024
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria; length of continuous service** The Secretary may order a member of the Service (other than a member employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim)) who is a citizen of the United States to take a leave of absence under [section 6305 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6305&num=0&edition=prelim) (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim)) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.
**(b) Place leave may be taken** Leave ordered under this section may be taken in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding [section 10305 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section10305&num=0&edition=prelim).
**(c) Availability for work or duties in Department** While on a leave o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4083
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter, the term—
(1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7104/a&num=0&edition=prelim);
(2) “Board” means the Foreign Service Labor Relations Board, established by [section 4106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4106/a&num=0&edition=prelim);
(3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession;
(4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;
(5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters—
(A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;
(B) relating to the designation or classification of any position under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim);
(C) to the extent such matters are specifically provided for by Federal statute; or
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), for purposes of this subchapter, the term “grievance” means any act, omission, or condition subject to the control of the Secretary which is alleged to deprive a member of the Service who is a citizen of the United States (other than a United States citizen employed under [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim) who is not a family member) of a right or benefit authorized by law or regulation or which is otherwise a source of concern or dissatisfaction to the member, including—
(A) separation of the member allegedly contrary to laws or regulations, or predicated upon alleged inaccuracy, omission, error, or falsely prejudicial character of information in any part of the official personnel record of the member;
(B) other alleged violation, misinterpretation, or misapplication of applicable laws, regulations, or published policy affecting the terms and conditions of the employment or career status of the member;
(C) allegedly wrongful disciplinary action against the member;
(D) dissatisfaction with respect to the working environment of the member;
(E) alleged inaccuracy, omission, error, or falsely prejudicial character of information in the official personnel record of the member which is or could be prejudicial to the member;
(F) action alleged to be in the nature of reprisal or other interference with freedom of action in connection with participation by the member in procedures under this subchapter;
(G) alleged denial of an allowance, premium pay, or other financial benefit to which the member claims entitlement under applicable laws or regulations; and
(H) any discrimination prohibited by—
(i) [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4131
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Aug. 13, 1946, ch. 957, title IV, § 444, 60 Stat. 1006; Sept. 8, 1960, Pub. L. 86–723, § 6, 74 Stat. 831; July 12, 1976, Pub. L. 94–350, title I, § 112, 90 Stat. 826; Aug. 17, 1977, Pub. L. 95–105, title IV, § 402(a), (b)(1), 91 Stat. 852; Oct. 7, 1978, Pub. L. 95–426, title IV, §§ 401(b), 412(a), 92 Stat. 977, 981; Aug. 15, 1979, Pub. L. 96–60, title I, § 107(b), 93 Stat. 397, related to compensation plans and annuity increases for alien employees and family members of personnel abroad.
#### Effective Date of Repeal
Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under [section 3901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim).
#### Employment of Family Members Overseas
Pub. L. 95–426, title IV, § 401(a), Oct. 7, 1978, 92 Stat. 977, which related to employment of family members overseas, was repealed by Pub. L. 96–465, title II, § 2205(2), Oct. 17, 1980, 94 Stat. 2160. See [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951&num=0&edition=prelim).
#### Report to Congress on Employment of Family Members of Government Personnel Overseas
Pub. L. 95–426, title IV, § 401(c), Oct. 7, 1978, 92 Stat. 978, which related to report by Secretary of State respecting overseas employment of family members of Government personnel, was repealed by Pub. L. 96–465, title II, § 2205(2), Oct. 17, 1980, 94 Stat. 2160.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 889
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