
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
