Sec. 303. Temporary personnel authorities
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If the President makes the determination described in section 301(b), the following authorities shall apply: The Secretary and the Administrator may extend for a period of time not to exceed 12 months a limited appointment under section 309(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 3949(a) ), and may reappoint a non-career Foreign Service employee who has served five consecutive years under a limited appointment, to a subsequent limited appointment in order to facilitate the assignment of qualified employees to Syria or to posts vacated by employees assigned to Syria. The Secretary and the Administrator may waive the application of subsections
(a)through
(d)of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), and may grant authority to the head of an executive agency to waive the application of such subsections, on a case-by-case basis for an annuitant reemployed on a temporary basis, if and for so long as such waiver is necessary to facilitate the assignment of qualified employees to Syria or to posts vacated by employees assigned to Syria. The Secretary of State and the Administrator of the United States Agency for International Development may each hire a total of up to 50 United States citizens or aliens as personal services contractors, for service in the United States, or for service both in the United States and abroad, subject to the following conditions: The Secretary or the Administrator, as the case may be, determines that existing personnel resources are insufficient. The contract length, including options, may not exceed two years, unless the Secretary or the Administrator, as the case may be, makes a finding that exceptional circumstances justify an extension of up to one additional year. The authority provided in this paragraph may only be used to obtain specialized skills or experience relevant to, or to respond to urgent needs resulting from, the transition in Syria. The authority provided in this paragraph shall be in addition to any other authorities available to the Secretary or the Administrator to hire personal service contractors. An individual hired as a personal services contractor pursuant to subsection (a)(3) shall not, by virtue of such hiring, be considered to be an employee of the United States Government for purposes of any law administered by the Office of Personnel Management. An individual hired as a personal services contractor pursuant to subsection (a)(3) shall be covered, in the same manner as a similarly situated employee, by— the Ethics in Government Act of 1978; chapter 73 of title 5, United States Code; sections 201, 203, 205, 207, 208, and 209 of title 18, United States Code; section 1346 and chapter 171 of title 28, United States Code; and chapter 21 of title 41, United States Code. This subsection shall not affect the determination as to whether an individual hired as a personal services contractor pursuant to this section is an employee of the United States Government for purposes of any Federal law not specified in paragraphs
(1)and (2). The administrative authorities provided in the Foreign Assistance Act of 1961 shall apply to assistance made available under this Act. The authorities provided under subsection
(a)shall terminate on the date that is three years after the date on which a determination is made under section 301(a), except that a contract entered into under such subsection
(a)may remain in effect until expiration.
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