Sec. 210. Personal services contractors
378 words·~2 min read·
/bill/114/s/2937/pcs/section-210A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsections
(b)and (c), the Secretary may establish a pilot program (referred to in this section as the Program ) for hiring United States citizens or aliens as personal services contractors. Personal services contractors hired under this section may provide services in the United States and outside of the United States to respond to new or emerging needs or to augment existing services. The Secretary may hire personal services contractors under the Program if— the Secretary determines that existing personnel resources are insufficient; the period in which services are provided by a personal services contractor under the Program, including options, does not exceed 2 years, unless the Secretary determines that exceptional circumstances justify an extension of up to 1 additional year; not more than 200 United States citizens or aliens are employed as personal services contractors under the Program at any time; and the Program is only used to obtain specialized skills or experience or to respond to urgent needs. Subject to paragraph (2), an individual hired as a personal services contractor under the Program 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. An individual hired as a personal services contractor pursuant to this section shall be covered, in the same manner as a similarly-situated employee, by— the Ethics in Government Act of 1978 (5 U.S.C. App.); chapter 73 of title 5, United States Code; sections 201, 203, 205, 207, 208, and 209 of title 18, United States Code; section 1346 and chapter 171 of title 28, United States Code; and chapter 21 of title 41, United States Code. Except as provided in paragraphs
(1)and (2), nothing in this section may be construed to affect the determination of whether an individual hired as a personal services contractor under the Program is an employee of the United States Government for purposes of any Federal law. The authority to award personal services contracts under the Program shall terminate on September 30, 2019. A contract entered into before the termination date set forth in paragraph
(1)may remain in effect until the date on which it is scheduled to expire under the terms of the contract.