(a) Authority
The Secretary of State may waive the application of section 8344 or 8468 of title 5 on a case-by-case basis, for employment of an annuitant in a position in the Department of State for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
(b) Procedures
The Secretary should prescribe procedures for the exercise of any authority under subsection (a), including criteria for any exercise of authority and procedures for a delegation of authority.
(c) Annuitants not treated as employees for purposes of retirement benefits
An employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5.
Codification
Pub. L. 109–234, title I, §1602(b)(1), June 15, 2006, 120 Stat. 441, which directed that this section be added at the end of title I of the Department of State Basic Authorities Act of 1956, was executed by adding this section at the end of title I of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.
Amendments
2016—Subsec. (a). Pub. L. 114–323 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to authority of the Secretary of State to waive application of provisions of section 8344 or 8468 of title 5 on a case-by-case basis for employment of certain annuitants to facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, and Afghanistan and terminated the Secretary's authority as of Oct. 1, 2010.
2009—Subsec. (a)(1). Pub. L. 111–32 inserted ", Pakistan," after "Iraq" in two places.
Subsec. (a)(2). Pub. L. 111–32 substituted "2010" for "2008".
Extension of Authority
Extensions of the waiver authority of the Secretary of State under former subsec. (a) of this section (see 2016 Amendment note above) were contained in the following acts:
Pub. L. 114–113, div. K, title VII, §7034(k)(5), Dec. 18, 2015, 129 Stat. 2765.
Pub. L. 113–235, div. J, title VII, §7034(l)(5), Dec. 16, 2014, 128 Stat. 2625.
Pub. L. 113–76, div. K, title VII, §7034(m)(5), Jan. 17, 2014, 128 Stat. 515.
Pub. L. 112–74, div. I, title VII, §7034(m)(5), Dec. 23, 2011, 125 Stat. 1216.
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