2011 US Code
Title 5 - Government Organization and Employees
Part III - EMPLOYEES (§§ 2101 - 10210)
Subpart B - Employment and Retention (§§ 3101 - 3707)
Chapter 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM (§§ 3701 - 3707)
Section 3704 - Assignment of employees from private sector organizations
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart B - Employment and Retention CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM Sec. 3704 - Assignment of employees from private sector organizations |
Contains | section 3704 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 107-347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2928; amended Pub. L. 111-350, §5(a)(6), Jan. 4, 2011, 124 Stat. 3841. |
Statutes at Large References | 62 Stat. 992 92 Stat. 1824 116 Stat. 2928 124 Stat. 3841 |
Public Law References | Public Law 95-521, Public Law 107-347, Public Law 111-350 |
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(a)
(b)
(1) may continue to receive pay and benefits from the private sector organization from which he is assigned;
(2) is deemed, notwithstanding subsection (a), to be an employee of the agency for the purposes of—
(A) chapter 73;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(C) sections 1343, 1344, and 1349(b) of title 31;
(D) the Federal Tort Claims Act and any other Federal tort liability statute;
(E) the Ethics in Government Act of 1978;
(F) section 1043 of the Internal Revenue Code of 1986; and
(G) chapter 21 of title 41;
(3) may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which he is assigned; and
(4) is subject to such regulations as the President may prescribe.
The supervision of an employee of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
(c)
(d)
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2928; amended Pub. L. 111–350, §5(a)(6), Jan. 4, 2011, 124 Stat. 3841.)
References in TextThe Federal Tort Claims Act, referred to in subsec. (b)(2)(D), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
The Ethics in Government Act of 1978, referred to in subsec. (b)(2)(E), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521 in the Appendix to this title and Tables.
Section 1043 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2)(F), is classified to section 1043 of Title 26, Internal Revenue Code.
Amendments2011—Subsec. (b)(2)(G). Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”.
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