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Local Employment Policy Handbook - ICASS

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Individuals HR May Not Convert to a PSA<br />

HR may not convert the following categories of employee to a PSA:<br />

--A current employee hired under a FSN direct hire appointment of the department or agency.<br />

--A current employee who is a Civil Service Retirement (CSR) participant.<br />

--An individual hired in the United States or recruited from the US using a US headquarters<br />

recruitment process.<br />

Departments and Agencies Not Under the <strong>Local</strong> <strong>Employment</strong> <strong>Policy</strong><br />

Departments and agencies not under the <strong>Local</strong> <strong>Employment</strong> <strong>Policy</strong> continue to employ staff using their<br />

own hiring authorities, e.g., direct hire appointment, Personal Services Contract. However, HR may use<br />

PSAs for State-<strong>ICASS</strong> funded positions if the individual is under the control and supervision of a State<br />

Department employee.<br />

HR at its discretion may refuse to provide hiring services to a department or agency not using the <strong>Local</strong><br />

<strong>Employment</strong> <strong>Policy</strong> if HR believes the department or agency is practicing illegal employment practices<br />

not in compliance with US or local labor law (to the extent possible). If HR refuses to provide hiring<br />

services, the department or agency head contacts the appropriate US headquarters office for guidance.<br />

Amendment to State Department Basic Authorities Act<br />

Section 2 of the State Department Basic Authorities Act of 1956 (22 USC 2669) was amended by adding<br />

the following at the end:<br />

(n) exercise the authority provided in subsection (c), upon the request of the Secretary of Defense or the<br />

head of any other department or agency of the United States, to enter into personal services contracts with<br />

individuals to perform services in support of the Department of Defense or such other department or<br />

agency, as the case may be.<br />

Note: Sub-section (c) of 22 USC 2669 allows State the option of using Personal Services Agreements<br />

because it provides for contracting without regard to Federal Acquisition Regulations.

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