§ 3951. — United States citizens hired abroad.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3951]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER III--APPOINTMENTS
Sec. 3951. United States citizens hired abroad
(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
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 \1\ 83 or 84 of title
5.
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\1\ So in original. Probably should be ``chapter''.
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(Pub. L. 96-465, title I, Sec. 311, Oct. 17, 1980, 94 Stat. 2087; Pub.
L. 103-236, title I, Sec. 180(a)(2), Apr. 30, 1994, 108 Stat. 415; Pub.
L. 103-415, Sec. 1(h)(1), Oct. 25, 1994, 108 Stat. 4300.)
Amendments
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.''
Section Referred to in Other Sections
This section is referred to in sections 3922, 3949, 3968, 3984,
4010, 4024, 4083, 4102, 4131 of this title; title 5 section 5927.
