22 U.S.C. § 2665 (FOREIGN RELATIONS AND INTERCOURSE)
§ 2665. Personal services other than those provided for
There shall not be employed in the Department of State or in connection with said Department in the District of Columbia any personal services other than those which shall be specifically authorized or appropriated for.
(June 22, 1906, ch. 3514, 34 Stat. 402.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 155 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
heading: Statutory Notes and Related Subsidiaries
heading: Personal Services Contractors
text: Pub. L. 118–31, div. F, title LXIV, § 6401, Dec. 22, 2023, 137 Stat. 994, provided that:
“(a) Sense of Congress.—
It is the sense of Congress that the Department [of State] should seek to ensure it has sufficient full-time equivalent positions allotted to carry out its current mission, working with the Office of Personnel Management and appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives] to that end, and that the use of personal services contractors should not be relied upon to perform core Department functions indefinitely.
“(b) Exigent Circumstances and Crisis Response.—
To assist the Department in addressing and responding to exigent circumstances and urgent crises abroad, the Department is authorized to employ, domestically and abroad, a limited number of personal services contractors in order to meet exigent needs, subject to the requirements of this section.
“(c) Authority.—
The authority to employ personal services contractors is in addition to any existing authorities to enter into personal services contracts and authority provided in the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43 [135 Stat. 372]).
“(d) Employing and Allocation of Personnel.—
To meet the needs described in subsection (b) and subject to the requirements in subsection (e), the Department may—
“(1) enter into contracts to employ a total of up to 100 personal services contractors at any given time for each of fiscal years 2024, 2025, and 2026; and
“(2) allocate up to 20 personal services contractors to a given bureau.
“(e) Limitation.—
Employment authorized by this section shall not exceed two calendar years.
“(f) Notification and Reporting to Congress.—
“(1) Notification.—
Not later than 15 days after the use of authority under this section, the Secretary [of State] shall notify the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of the number of personal services contractors being employed, the expected length of employment, the relevant bureau, the purpose for using personal services contractors, an indication of how many personal services contractors were previously employees of the Department, and the justification, including the exigent circumstances requiring such use.
“(2) Annual reporting.—
Not later than December 1, 2024, and annually thereafter for two years, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the number of personal services contractors employed pursuant to this section for the prior fiscal year, the length of employment, the relevant bureau by which they were employed pursuant to this section, the purpose for using personal services contractors, disaggregated demographic data of such contractors, an indication of how many personal services contractors were previously employees of the Department, and the justification for the employment, including the exigent circumstances.”