Local Employment Policy Handbook - ICASS

Before terminating any Ordinarily Resident LE Staff, HR must confirm that the proposed termination
action is in compliance with local labor law.
Inherently Governmental Work
For State Positions:
An individual hired under a PSA may not perform “inherently governmental work” as defined in A-D
below. Specifically, an individual hired under a PSA may not perform the following inherently
governmental work:
A. Enter into any agreement on behalf of the USG.
B. Make decisions involving governmental functions such as planning, budget, programming, and
personnel selections. It’s okay to make recommendations in these areas, but an American directhire
employee of State or other USG agency must make the final decision.
C. Supervise direct-hire Foreign, Civil, or uniform service member employees. However, LE
Staff hired under a PSA may supervise other LE Staff hired under a PSA. (See Topic:
Supervision)
D. Hold accountable officer positions: Treasury Department regulations currently implementing
Title 31 do not permit contract personnel hired on a Personal Services Contract or Personal
Services Agreement to manage or certify funds. HR must employ LE Staff authorized as
Certifying Officers under a direct hire appointment.
When a position has inherently governmental work assigned, HR must employ the individual under a
direct hire appointment.
For Participating Agency Positions:
HR contacts the participating agency’s headquarters to find out what the agency considers “inherently
governmental work” and if HR may use a PSA or must use a direct hire appointment.
(See Topic: Local Employment Policy: Policy Statement and Legal Authority)