### §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 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.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (e). Pub. L. 117–81 added subsec. (e).

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."

1 So in original. Probably should be "chapter".