Pub. L. 103-236, tit. I, pt. D, subpt. 1, sec. 180
UNITED STATES CITIZENS HIRED ABROAD.
SEC. 180. UNITED STATES CITIZENS HIRED ABROAD. (a) Amendments to the Foreign Service Act of 1980.— The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended as follows: (1) Section 309(b) of such Act is amended— (A) by striking “and” at the end of paragraph (3); (B) by striking the period at the end of paragraph (4); and (C) by inserting at the end “; and (5) as a foreign national employee”. (2) Section 311 of such Act is amended to read as follows: “(a) The Secretary, under section 303, 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) 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) (l) 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 408. “(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407. “(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407, if the Secretary determines that the national interest would be served by such payments. “(d) Nonfamily member United States citizens employed under this section shall not be eligible for benefits under chapter 8 of this Act, or under chapters 83 or 84 of title 5, United States Code.”. (3) Section 404(a) of such Act is amended by striking “who are family members of Government employees paid in accordance with a local compensation plan established under”. (4) Section 408 of such Act is amended— (A) in subsection (a)(1) by striking the first sentence and inserting “The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under section 311(c)(l).”; 108 STAT. 416 (B) in the second sentence of subsection (a)(1), by striking “employed in the Service abroad who were hired while residing abroad and to those family members of Government employees who are paid in accordance with such plans”; (C) in the third sentence of subsection (a)(1), by striking “foreign national” each place it appears; and (D) by adding at the end of subsection (a)(1) the following: “For United States citizens under a compensation plan, the Secretary shall (A) provide such citizens with a total compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign national employees occupying a similar position at that post and (B) define those allowances and benefits provided under United States law which shall be included as part of this total compensation package, notwithstanding any other provision of law, except that this section shall not be used to override United States minimum wage requirements, or any provision of the Social Security Act or the Internal Revenue Code. (5) Section 504(b) of such Act is amended by inserting “(other than those employed in accordance with section 311)” after “citizen of the United States”. (6) Section 601(b)(2) of such Act is amended— (A) by striking “and” the last place it appears; and (B) by inserting “and other members of the Service” after “categories of career candidates,”. (7) Section 611 of such Act is amended by striking all that follows “Foreign Service Schedule” and inserting “or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.”. (8) Section 903(a) of such Act is amended by inserting “(other than a member employed under section 311)” after “member of the Service” each place it appears. (9) Section 1002(8)(A) of such Act is amended by inserting “a member of the Service who is a United States citizen (other than a family member) employed under section 311,” after “a consular agent,”. (10) Section 1101(a)(l) of such Act is amended by inserting “(other than a United States citizen employed under section 311 who is not a family member)” after “citizen of the United States”. (b) Amendments to the State Department Basic Authorities Act of1956.— Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the period: “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”.