22 U.S.C. § 3950 — Reemployment rights following limited

Page 1443 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3951 1 So in original. Probably should be ‘‘chapter’’. noncareer limited appointment if there is at least a 1-year break in service before such new appointment. (2) The Secretary may waive the 1-year break requirement under paragraph (1) in cases of spe- cial need. (Pub. L. 96–465, title I, § 309, Oct. 17, 1980, 94 Stat. 2086; Pub. L. 100–204, title I, § 176, Dec. 22, 1987, 101 Stat. 1361; Pub. L. 103–236, title I, § 180(a)(1), Apr. 30, 1994, 108 Stat. 415; Pub. L. 103–415, § 1(hh), Oct. 25, 1994, 108 Stat. 4303; Pub. L. 114–323, title IV, § 409, Dec. 16, 2016, 130 Stat. 1930.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–323, § 409(1), substituted ‘‘subsections (b) and (c)’’ for ‘‘subsection (b)’’. Subsec. (b)(3). Pub. L. 114–323, § 409(2)(A), substituted ‘‘if—’’ for ‘‘if’’, inserted subpar. (A) designation before ‘‘continued service’’ and ‘‘or’’ after semicolon at end, and added subpar. (B). Subsec. (b)(6). Pub. L. 114–323, § 409(2)(B)–(D), added par. (6). Subsec. (c). Pub. L. 114–323, § 409(3), added subsec. (c). 1994—Subsec. (b)(5). Pub. L. 103–236, as amended by Pub. L. 103–415, added par. (5). 1987—Pub. L. 100–204 designated existing provisions as subsec. (a), substituted ‘‘subsection (b)’’ for ‘‘section 3951(a) of this title’’, and added subsec. (b). § 3950. Reemployment rights following limited appointment Any employee of an agency who accepts a lim- ited appointment in the Service with the con- sent of the head of the agency in which the em- ployee is employed shall be entitled, upon the termination of such limited appointment, to be reemployed in accordance with section 3597 of title 5. (Pub. L. 96–465, title I, § 310, Oct. 17, 1980, 94 Stat. 2087.) Executive Documents ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED STATES; SERVICE EXCEEDING THIRTY MONTHS Persons appointed, employed, or assigned after May 19, 1959, under former section 1787(c) of this title or sec- tion 2385(d) of this title for the purpose of performing functions under the Mutual Security Act of 1954 (see Short Title note set out under section 1754 of this title) and the Foreign Assistance Act of 1961 (section 2151 et seq. of this title) outside the United States shall not, unless otherwise agreed by the agency in which such benefits may be exercised, be entitled to the benefits provided for by this section in cases in which their service under the appointment, employment, or assign- ment exceeds thirty months. See Ex. Ord. No. 12163, § 1–602(b), Sept. 29, 1979, 44 F.R. 56677, as amended, set out as a note under section 2381 of this title. § 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 as- signed 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 fam- ily member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person. (c) Compensation of family and non-family mem- ber employees (1) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensa- tion plans established under section 3968 of this title. (2) Family members employed under this sec- tion shall be paid in accordance with the For- eign Service Schedule or the salary rates estab- lished 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 es- tablished 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 em- ployed under this section shall not be eligible by reason of such employment for benefits under subchapter VIII of this chapter, or under chap- ters 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 sub- stantially 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 citi- zens hired abroad’’ for ‘‘Employment of family mem- bers of Government employees’’ as section catchline and inserted ‘‘by reason of such employment’’ after ‘‘el- igible’’ 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 consid- eration, vacant positions normally filled by foreign na- tional employees), shall give equal consideration to employing available qualified family members of mem- bers 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.