22 USC 3951 - United States citizens hired abroad

United States Code

USC most recently checked for updates: Dec 03, 2024

§ 3950. Reemployment rights following limited appointment

§ 3952. Diplomatic and consular missions

U.S. Code
Notes

§ 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) 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

 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.

(Pub. L. 96–465, title I, § 311, Oct. 17, 1980, 94 Stat. 2087; Pub. L. 103–236, title I, § 180(a)(2), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(h)(1), Oct. 25, 1994, 108 Stat. 4300; Pub. L. 117–81, div. F, title LXII, § 6205, Dec. 27, 2021, 135 Stat. 2391.)

cite as: 22 USC 3951