789 
(2) the amounts required for payment by the 
agencies of the United States Government of their 
obligations outside the United States, as such re-
quirements may be established from time to time by 
the President. 
(c) PAYMENT
OF OBLIGATIONS
OF GOVERNMENT 
AGENCIES.—Foreign currencies described in subsection 
(b) that are in excess of the amounts described in para-
graph (1) of that subsection may be sold by the Secretary 
of the Treasury to agencies of the United States Govern-
ment for payment of their obligations outside the United 
States. 
(d) USE OF FOREIGN CURRENCIES NOT OWNED BY 
THE UNITED STATES GOVERNMENT.—With the concur-
rence of the relevant inspector general, the use of foreign 
currencies that accrue or are otherwise available as a re-
sult of assistance provided under this Act (including pred-
ecessor Acts) that are not owned by the United States 
Government, shall be the responsibility of the government 
owning such currencies to audit. 
SEC. 10603. ACCOUNTING AND VALUATION OF FOREIGN 
CURRENCIES. 
(a) RESPONSIBILITY OF SECRETARY OF THE TREAS-
URY.—Under the direction of the President, the Secretary 
of the Treasury shall have responsibility for valuation and 
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790 
central accounting with respect to foreign credits (includ-
ing currencies) owed to or owned by the United States. 
In order to carry out such responsibility, the Secretary 
shall issue regulations binding upon all agencies of the 
United States Government. 
(b) SOLE AUTHORITY.—The Secretary of the Treas-
ury shall have sole authority to establish for all foreign 
currencies or credits the exchange rates at which such cur-
rencies are to be reported by all agencies of the Govern-
ment. 
Subtitle C—Human Resources 
CHAPTER 1—PERSONNEL AND BENEFITS 
SEC. 10701. EMPLOYMENT OF PERSONNEL. 
(a) AUTHORITY.—Any Federal agency or Federal of-
ficer carrying out functions under this Act is authorized 
to employ such Federal personnel as the President deems 
necessary to carry out the provisions and purposes of this 
Act. 
(b) ASSISTANCE
FUNCTIONS
IN
THE
UNITED 
STATES.— 
(1) APPOINTMENTS
AND
REMOVAL
WITHOUT 
REGARD
TO
CERTAIN
CIVIL
SERVICE
LAWS.—Not 
more than 110 employees of the United States 
Agency for International Development in the United 
States may be appointed or removed without regard 
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791 
to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and 
may be compensated without regard to the provi-
sions of chapter 51 or subchapter III of chapter 53 
of such title, subject to paragraph (2) of this sub-
section. 
(2) COMPENSATION.—Of the employees ap-
pointed under paragraph (1), 51 may be com-
pensated at rates higher than those payable for GS– 
15 of the General Schedule under section 5332 of 
title 5, United States Code, but not in excess of the 
highest rate payable under section 5376 of such 
title. 
(3) REINSTATEMENT
RIGHTS.—Under such 
regulations as the President may prescribe, any indi-
vidual employed under paragraph (1) may be enti-
tled, upon removal (except for cause) from the posi-
tion to which the appointment was made, to rein-
statement to the position occupied by that individual 
at the time of appointment or to a position of com-
parable grade and pay. 
(c) DEPARTMENT OF DEFENSE FUNCTIONS IN THE 
UNITED STATES.—Of the personnel employed in the 
United States by the Department of Defense to carry out 
this Act not to exceed 8 may be compensated at rates 
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792 
higher than those payable for GS–15 of the General 
Schedule under section 5332 of title 5, United States 
Code, but not in excess of the highest rate payable under 
section 5376 of such title. Such positions shall be in addi-
tion to those authorized by law to be filled by Presidential 
appointment, and in addition to the number authorized 
by section 5108 of title 5, United States Code. 
(d) PERFORMANCE
OF FUNCTIONS OUTSIDE
THE 
UNITED STATES.— 
(1) AUTHORITY TO EMPLOY OR ASSIGN.—For 
the purpose of performing functions under this Act 
outside the United States, the President may— 
(A) employ or assign individuals; or 
(B) authorize the employment or assign-
ment of Federal employees that are not author-
ized to utilize the Foreign Service personnel 
system. 
(2) COMPENSATION.—Individuals employed or 
assigned under paragraph (1) shall receive com-
pensation at any of the rates provided for under sec-
tion 402 or section 403 of the Foreign Service Act 
of 1980, or under chapter 53 of title 5, United 
States Code, or at any other rate authorized by law, 
together with allowances and benefits under the For-
eign Service Act of 1980. 
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793 
(3) REEMPLOYMENT
RIGHTS.—Individuals so 
employed or assigned shall be entitled to the same 
benefits as are provided by section 310 of the For-
eign Service Act of 1980 for individuals appointed to 
the Foreign Service, except to the extent that the 
President may specify otherwise in cases in which 
the period of employment or assignment exceeds 30 
months. 
SEC. 10702. EXPERTS AND CONSULTANTS. 
(a) AUTHORITY TO EMPLOY.—Experts and consult-
ants or organizations thereof may, in accordance with sec-
tion 3109 of title 5, United States Code, be employed for 
the performance of functions under this Act. 
(b) RATES
OF COMPENSATION.—Individuals em-
ployed under the authority of subsection (a) may be com-
pensated at rates not in excess of the daily equivalent of 
the highest rate payable under section 5332 of title 5, 
United States Code, and while away from their homes or 
regular places of business, they may be paid actual travel 
expenses and per diem in lieu of subsistence at rates not 
in excess of those prescribed by the standardized Govern-
ment travel regulations. 
(c) MANDATORY RETIREMENT AGE NOT APPLICA-
BLE.—The service of an individual as an expert or consult-
ant under subsection (a) shall not be considered to be em-
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794 
ployment or holding of office or position for purposes of 
applying the provisions of section 3323(a) of title 5, 
United States Code, to the individual. 
(d) EMPLOYMENT OF CERTAIN PERSONS WITHOUT 
COMPENSATION.—Persons of outstanding experience and 
ability may be employed without compensation by any 
Federal agency for the performance of functions under 
this Act in accordance with the provisions of section 
710(b) of the Defense Production Act of 1950 (50 U.S.C. 
App. 2160(b)), and regulations issued thereunder. 
SEC. 10703. PROHIBITION OF DISCRIMINATION AGAINST 
FEDERAL PERSONNEL. 
(a) ASSIGNMENT OF PERSONNEL.— 
(1) IN GENERAL.—The President shall not take 
into account, in assigning Federal personnel to carry 
out the provisions of this Act, the individual’s race, 
sex, religion, national origin, sexual orientation, or 
gender identity. Such assignments shall be made 
solely on the basis of ability and relevant experience. 
(2) PROHIBITION ON CONSIDERATION OF EX-
CLUSIONARY POLICIES OR PRACTICES.—No agency 
performing functions under this Act shall, in em-
ploying or assigning Federal personnel to participate 
in the performance of any such function, whether in 
the United States or abroad, take into account the 
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795 
exclusionary policies or practices of any foreign gov-
ernment where such policies or practices are based 
upon race, sex, religion, national origin, sexual ori-
entation or gender identity. 
(3) CONTRACTS.—Each contract entered into 
by any such agency for the performance of any func-
tion under this Act shall contain a provision to the 
effect that no person, partnership, corporation, or 
other entity performing functions pursuant to such 
contract, shall, in employing or assigning personnel 
to participate in the performance of any such func-
tion, whether in the United States or abroad, take 
into account the exclusionary policies or practices of 
any foreign government where such policies or prac-
tices are based upon race, sex, religion, national ori-
gin, sexual orientation, or gender identity. 
(b) EXCLUSION BY FOREIGN COUNTRIES.—Except 
as provided in subsection (c), no assistance may be pro-
vided under this Act to any government or organization 
that excludes, as a matter of law, regulation, policy or 
practice, any United States person (as defined in section 
7701(a)(30) of the Internal Revenue Code of 1986) from 
participating in the furnishing of assistance under this Act 
on the basis of sex, race, religion, national origin, sexual 
orientation or gender identity. 
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796 
(c) EXCEPTION.—The President may provide assist-
ance notwithstanding the prohibition in subsection (b) if 
the President— 
(1) determines that, notwithstanding such ex-
clusion,— 
(A) 
extraordinary 
circumstances 
exist 
which necessitate the provision of such assist-
ance; and 
(B) it is in the national interest of the 
United States to provide such assistance; and 
(2) transmits to the appropriate congressional 
committees, prior to providing such assistance, a re-
port detailing— 
(A) the facts and circumstances of such ex-
clusion; 
(B) the response thereto on the part of the 
United States Government or any agency or 
personnel thereof; 
(C) the result of such response, if any; 
(D) the extraordinary circumstances which 
necessitate the provision of such assistance; and 
(E) the nature and amount of the assist-
ance to be provided notwithstanding such exclu-
sion. 
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797 
SEC. 10704. FOREIGN SERVICE LIMITED APPOINTMENTS. 
(a) AUTHORITY TO HIRE AND EMPLOY.—The Ad-
ministrator is authorized to hire and employ up to 200 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 
308 and 309 of the Foreign Service Act of 1980. 
(b) CONDITIONS.—The authority of subsection (a) 
may only be used to the extent that an equivalent number 
of positions that are filled by personal services contractors 
or other nondirect hire personnel of the United States 
Agency for International Development are eliminated. 
(c) PRIORITY SECTORS.—In exercising the authority 
of this section, primary emphasis shall be placed on ena-
bling the United States Agency for International Develop-
ment to meet personnel needs in technical skill areas cur-
rently encumbered by personal services contractors or 
other non-direct hire personnel. 
(d) EXTENSIONS.—Individuals hired and employed 
by the United States Agency for International Develop-
ment pursuant to the authority of section 309 of the For-
eign Service Act of 1980 may be extended for a period 
of up to 4 years notwithstanding the limitation set forth 
in such section. 
SEC. 10705. TECHNICAL ADVISORS. 
The Administrator is authorized to use funds made 
available to carry out title I to reimburse Federal agencies, 
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798 
agencies of State governments, institutions of higher edu-
cation, and private and voluntary organizations for the full 
cost of individuals (including for the personal services of 
such individuals) detailed or assigned to, or contracted by, 
as the case may be, the United States Agency for Inter-
national Development for the purpose of carrying out this 
Act. 
SEC. 10706. PERSONAL SERVICES CONTRACTORS FOR 
USAID. 
(a) EMPLOYMENT OUTSIDE THE UNITED STATES.— 
The Administrator is authorized to employ personal serv-
ices contractors outside the United States to carry out the 
purposes of this Act. 
(b) EMPLOYMENT IN THE UNITED STATES.—The 
Administrator is authorized to employ up to 40 personal 
services contractors in the United States, notwithstanding 
any other provision of law, for the purpose of providing 
direct, interim support for new or expanded overseas pro-
grams and activities managed by the United States Agen-
cy for International Development until permanent direct 
hire personnel are hired and trained. 
(c) CONSIDERED AS OPERATING EXPENSES.—The 
salaries and expenses of individuals hired under the au-
thority of subsection (b) shall be considered as operating 
expenses of the United States Agency for International 
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799 
Development and subject to the limitations of section 
10301, except that the Administrator may use funds made 
available to carry out title II of the Agricultural Trade 
Development and Assistance Act of 1954 for personal 
services contractors assigned to the Office of Food for 
Peace. 
(d) NOT REGARDED AS FEDERAL EMPLOYEES.—In-
dividuals hired under the authority of this section shall 
not be regarded as Federal employees for the purpose of 
any law administered by the Office of Personnel Manage-
ment. 
SEC. 10707. PERSONAL SERVICES CONTRACTORS FOR THE 
DEPARTMENT OF STATE. 
(a) IN GENERAL.—In addition to other authorities 
that may be available, the Secretary of State may establish 
a pilot program (in this section referred to as the ‘‘pro-
gram’’) for the purpose of hiring 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, to respond to new or emerging needs or to 
augment current services. 
(b) CONDITIONS.—The Secretary is authorized to use 
the authority of subsection (a), subject to the following 
conditions: 
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800 
(1) The Secretary determines that existing per-
sonnel resources are insufficient. 
(2) The contract length, including options, may 
not exceed 2 years, unless the Secretary makes a 
finding that exceptional circumstances justify an ex-
tension of up to one additional year. 
(3) Not more than a total of 200 United States 
citizens or aliens are employed at any one time as 
personal services contractors under this section. 
(4) This authority may only be used to obtain 
specialized skills or experience or to respond to ur-
gent needs. 
(c) STATUS
OF
PERSONAL
SERVICE
CONTRAC-
TORS.— 
(1) IN GENERAL.—An individual hired as a per-
sonal service contractor pursuant to this section 
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. 
(2) APPLICABLE LAWS.—An individual hired as 
a personal service contractor pursuant to this section 
shall be covered, in the same manner as a similarly 
situated employee, by— 
(A) the Ethics in Government Act of 1978; 
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801 
(B) chapter 21 of title 41, United States 
Code; and 
(C) chapter 73 of title 5, sections 201, 
203, 205, 207, 208, and 209 of title 18, and 
section 1346 and chapter 171 of title 28, 
United States Code. 
(3) EXCEPTION.—This subsection shall not af-
fect the determination as to whether an individual 
hired as a personal service contractor pursuant to 
this section is an employee of the United States Gov-
ernment for purposes of any Federal law not speci-
fied in paragraphs (1) and (2). 
(d) TERMINATION OF AUTHORITY.—The authority to 
award personal services contracts under the program au-
thorized by this section shall terminate on September 30, 
2014. A contract entered into prior to the termination 
date under this subsection may remain in effect until expi-
ration. 
SEC. 10708. HIRING AUTHORITY OF INSPECTOR GENERAL 
OF THE UNITED STATES AGENCY FOR INTER-
NATIONAL DEVELOPMENT. 
(a) IN GENERAL.—Subject to the requirements and 
limitations of this section, the Inspector General of the 
United States Agency for International Development is 
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802 
authorized to employ personal services contractors outside 
the United States. 
(b) NUMBER.—The number of contractors hired 
under the authority of subsection (a) may not exceed 5 
percent of the total authorized workforce of the Office of 
the Inspector General. 
(c) CONTRACT LENGTH.—A contractor hired under 
the authority of subsection (a) shall have a contract period 
of not longer than 2 years, unless the Inspector General 
determines, on a case-by-case basis, that exceptional cir-
cumstances justify the extension of a contract for up to 
1 additional year. 
(d) CERTIFICATION.—The authority provided in sub-
section (a) may be exercised only if the Inspector General 
determines that it is impractical to recruit a sufficient 
number of direct-hire employees to perform necessary 
overseas work, and reports such determination to the ap-
propriate congressional committees, along with the rea-
sons such recruitment is impractical. 
(e) STATUS OF EMPLOYMENT.—Individuals employed 
under the authority of this section shall not be considered 
Federal employees for purposes of the Foreign Service Act 
of 1980 or any law administered by the Office of Per-
sonnel Management. 
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803 
SEC. 10709. PUBLIC AVAILABILITY OF CONSULTING CON-
TRACTS. 
Any contract for consulting services issued with funds 
made available under this Act shall be a matter of public 
record and subject to public inspection, unless otherwise 
specifically provided under law. 
SEC. 10710. SENIOR FOREIGN SERVICE REQUIREMENT. 
Section 305 of the Foreign Service Act of 1980 (22 
U.S.C. 3945) is amended by adding at the end the fol-
lowing: 
‘‘(e) REQUIREMENT.—Beginning 3 years from the 
date of the enactment of this subsection, a Foreign Service 
Officer may not be promoted into the Senior Foreign Serv-
ice of the Department of State or the United States Agen-
cy for International Development without having served 
at least one domestic rotation in a bureau or office that 
does not have a regional jurisdiction.’’. 
SEC. 10711. PAY PARITY FOR CRIMINAL INVESTIGATORS. 
Section 5541(2)(C)(xiv) of title 5, United States 
Code, is amended to read as follows: 
‘‘(xiv) a Foreign Service officer, ex-
cept that a Foreign Service officer serving 
as a criminal investigator in the Office of 
the Inspector General of the United States 
Agency 
for 
International 
Development 
shall be eligible for and receive availability 
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804 
pay on the same terms as a criminal inves-
tigator under section 5545a.’’. 
CHAPTER 2—DETAILS, FELLOWSHIPS, 
AND EXCHANGES 
SEC. 10801. DETAILS TO FOREIGN GOVERNMENTS AND 
INTERNATIONAL ORGANIZATIONS. 
(a) DETAILS TO FOREIGN GOVERNMENTS.—When 
consistent with and in furtherance of the purposes of this 
Act, the head of any Federal agency is authorized to detail 
any Federal employee of that agency to any office or posi-
tion with any foreign government or foreign government 
agency, where acceptance of such office or position does 
not involve the taking of an oath of allegiance to another 
government or acceptance of compensation or other bene-
fits from any foreign country by such employee. 
(b) DETAILS TO INTERNATIONAL ORGANIZATIONS.— 
When consistent with and in furtherance of the purposes 
of this Act, the head of any Federal agency is authorized 
to detail to any international organization or arrangement, 
any Federal employee of that agency to serve with, or as 
a member of, the international staff of such organization, 
or to render any technical, scientific, or professional advice 
or service to, or in cooperation with, such organization. 
(c) STATUS OF FEDERAL EMPLOYEES DETAILED.— 
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