22-U.S.C.-3951

22-U.S.C.-3951

§3951 – United States Citizens Hired Abroad

Pathway

Title 22 > Chapter 52 > Subchapter III > Section 3951

Details

  • Reference: Section 3951
  • Legend: §3951 – United States Citizens Hired Abroad
  • USCode Year: 2013

Provision Content

(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  83 or 84 of title 5.

(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.)

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.

U.S. Encyclopedia of Law Coverage

22-U.S.C.-3927 in the Legal Encyclopedia: Foreign Relations

In this entry about 22-U.S.C.-3927, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.

22-U.S.C.-3945 in the Legal Encyclopedia: Foreign Service

In this entry about 22-U.S.C.-3945, find legal reference material, bibliographies and premiere content related to foreign service in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign service-specific issues, written by authorities in the field.

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