Sec. 2. Limitation on the use of special Government employees
455 words·~2 min read·
/bill/119/s/1196/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term special Government employee means an individual who— qualifies as a special Government employee under section 202(a) of title 18, United States Code, or any other provision of Federal law; and is employed by an agency, department, office, or other entity within the executive branch of the United States Government, without regard to whether employees of that agency, department, office, or entity are subject to the requirements of title 5, United States Code.
Notwithstanding any other provision of law— an individual who otherwise qualifies as a special Government employee shall cease to be a special Government employee after having served as a special Government employee for 130 days, regardless of whether those days were consecutive, during any period of 365 consecutive days; and if an individual described in paragraph
(1)exceeds the 130-day threshold described in that paragraph— the employing authority of the individual shall, not later than 30 days after the date of cessation of such special Government employee status— determine the appropriate employment classification for the individual in accordance with applicable civil service laws and regulations, including which position the individual shall be considered to occupy beginning on the date of that determination; with respect to the individual, follow an appropriate applicable Federal personnel framework in a manner consistent with the duties and responsibilities of the position in which the individual is serving as determined under clause
(i)and with the personnel management policies of the employing authority; and provide written notice to the individual— of the new classification determination required under clause (i); and that the individual may appeal or seek review of the new classification determination through appeal and review procedures applicable to the position in which the individual is serving as determined under clause (i); and the individual shall be subject to all applicable provisions of law, including legal obligations and rights, relating to employees occupying the position in which the individual is serving as determined under subparagraph (A)(i). For purposes of subsection (b), 1 full day of service shall be counted toward the 130-day limit described in subsection (b)(1) for each day— during which an individual has provided any service as a special Government employee that is purely administrative in nature, such as making a brief telephone call to confirm the date of a meeting or completing and filing personnel paperwork, for more than 1 hour; during which the individual has performed any service as a special Government employee, such as reading official materials or substantively preparing for a meeting, that is not purely administrative in nature, regardless of the length of time spent performing such service; or for which the individual has been compensated by the Government for service as a special Government employee.