7 U.S.C. § 2225c: Employment contracts for…

Summary

Starting October 28, 2000, money given to the Department of Agriculture can be used to hire people under contract to do work outside the United States when agencies decide it is needed. Agencies may negotiate and set the contract terms and have the work done even if some U.S. contracting rules would not normally apply. People hired this way are not treated as U.S. government employees for laws run by the Office of Personnel Management. They may be covered by the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.). Time worked under a Personal Service Agreement (PSA) can count as government service later if the hiring agency allows it.

Title 7, §2225c

Agriculture, Source: USLM XML via OLRC

On and after October 28, 2000, funds appropriated to the Department of Agriculture may be used to employ individuals by contract for services outside the United States as determined by the agencies to be necessary or appropriate for carrying out programs and activities abroad; and such contracts are authorized to be negotiated, the terms of the contract to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States. Individuals employed by contract to perform such services outside the United States shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management. Such individuals may be considered employees within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq. Further, that Government service credit shall be accrued for the time employed under a Personal Service Agreement (PSA) should the individual later be hired into a permanent United States Government position within FAS or another United States Government agency if the authorities of the hiring agency so permit.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Employee Compensation Act, referred to in text, is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed and the provisions thereof were reenacted as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Statutory Notes and Related Subsidiaries

Availability of Foreign Agricultural Service Funds Pub. L. 100–202, § 101(k) [title IV], Dec. 22, 1987, 101 Stat. 1329–322, 1329–350, as amended by Pub. L. 105–277, div. A, § 101(a) [title VII, § 750], Oct. 21, 1998, 112 Stat. 2681, 2681–32, provided in part: “That funds available to the Foreign Agricultural Service under this and subsequent appropriations Acts shall be available to contract with individuals for services to be performed outside the United States as determined by the Service to be necessary or appropriate for carrying out programs and activities abroad. On or after August 1, 1998 such individuals employed by contract to perform such services shall not, by virtue of such employment, be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management. Such individuals may be considered employees within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq.”

§2225c Employment Contracts for Services Abroad