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
The fact that an applicant for employment in a position referred to in subsection (a) of this section 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.
(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) 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.
1994—Pub. L. 103–415substituted “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. 103–236amended 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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.