§ 3372. General provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Intergovernmental Personnel Act of 1970

   Pub. L. 91–648 title IV § 402(a) · 84 Stat. 1909

   Enacted · 5 U.S.C. § 3372

   Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921

   Source evidence

   Code source credit
   Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1921

   Enacted provision · exact public law section
   (a) Chapter 33 of title 5, United States Code, is amended by inserting the following new subchapter at the end thereof: “Subchapter VI— Assignments To and From States “§3371. Definitions “For the purpose of this subchapter— “(1) ‘State’ means— “(A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and “(B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality; and “(2) ‘local government’ means— “(A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1); and “(B) any general or special purpose agency of such a political subdivision, instrumentality, or authority. “§3372. General provisions “(a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of an executive agency may arrange for the assignment of— “(1) an employee of his agency to a State or local government; and “(2) an employee of a State or local government to his agency; for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of an executive agency may extend the period of assignment for not more than two additional years. “(b) This subchapter is authority for and applies to the assignment of— “(1) an employee of an executive agency to an institution of higher education; and “(2) an employee of an institution of higher education to an executive agency. “§3373. Assignment of employees to State and local governments “(a) An employee of an executive agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either— “(1) on detail to a regular work assignment in his agency; or “(2) on leave without pay from his position in the agency. An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any 60 Stat. 842. 28 USC 2671. other Federal tort liability statute apply to an employee so assigned. The supervision of the. duties of an employee on detail may be governed by agreement between the executive agency and the State or local government concerned. “(b) The assignment of an employee of an executive agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the executive agency used for paying the travel and transportation expenses or pay. “(c) For any employee so assigned and on leave without pay— “(1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the, agency in an amount equal to the difference between the State or local government rate and the agency rate; “(2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and “(3) he is entitled, notwithstanding other statutes— “(A) to continuation of his insurance under chapter 87 of 80 Stat. 592. 5 USC 8701, 8901. this title, and coverage under chapter 89 of this title or other applicable authority, so long as lie pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions; “(B) to credit the period of his assignment under this sub-chapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the executive agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and “(C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supple-mental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title. However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Civil Service Commission determines to be similar. The executive agency shall deposit currently in the Employee’s Life Insurance Fund, the Employee’s Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government’s contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3). “(d) (1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. “(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government 80 Stat. 564. 5 USC 8331. for injury or disability to himself covering the same period of time. This provision does not— “(A) bar the right of a claimant to the greater benefit conferred by either the State or local government Or subchapter III of chapter 83 of this title for any part of the same period of time; “(B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or “(C) deny any concurrent benefit to him from the State or local government on account of the death of another individual. “§3374. Assignments of employees from State or local governments “(a) An employee of a State or local government who is assigned to an executive agency under an arrangement under this subchapter may— “(1) be appointed in the executive agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or “(2) be deemed on detail to the executive agency. “(b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or 5 USC 5101, 5331. other applicable law, and is deemed an employee of the executive agency for all purposes except— “(1) subchapter III of chapter 83 of this title or other applicable retirement system; “(2) chapter 87 of this title; and “(3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution. “(c) During the period of assignment, a State or local government employee on detail to an executive agency— “(1) is not entitled to pay from the agency; “(2) is deemed an employee of the agency for the purpose of chapter 73 of this title, sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, section 638a of title 31, 76 Stat. 1121. 62 Stat. 722. 60 Stat. 810. 60 Stat. 842. 28 USC 2671. and the Federal Tort Claims Act and any other Federal tort liability statute; and “(3) is subject to such regulations as the President may prescribe. The supervision of the duties of such an employee may be governed by agreement between the executive agency and the State or local government concerned. A detail of a State or local government employee to an executive agency may be made with or without reimbursement by the executive agency for the pay, or a part, thereof, of the employee during the period of assignment. “(d) A State or local government employee who is given an appointment in an executive agency for the period of the assignment or who is on detail to an executive agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of 80 Stat. 531. 5 USC 8101. subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in ease of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, lie (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law. “(e) If a State or local government fails to continue the employer’s contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in an executive agency, the employer’s contributions covering the State or local government employee’s period of assignment, or any part thereof, may be made from the appropriations of the executive agency concerned. “§3375. Travel expenses “(a) Appropriations of an executive agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with— “(1) subchapter I of chapter 57 of this title, for the expenses of— “(A) travel, including a per diem allowance, to and from the assignment location; “(B) a per diem allowance at the assignment location during the period of the assignment; and “(C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the executive agency considers the travel in the interest of the United States; “(2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location; “(3) section 5724a(a)(1) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location; “(4) section 5721a(a)(3) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty; and “(5) section 5726(c) of this title, for the expenses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location. “(b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control Expenses recoverable by U.S that are acceptable to the executive agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the Waiver. United States. The head of the executive agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government employee on assignment with the agency. “(c) Appropriations of an executive agency are available to pay expenses under section 5742 of this title with respect to a Federal or 80 Stat. 507. State or local government employee assigned under this subchapter. “§3376. Regulations “The President may prescribe regulations for the administration of this subchapter.”

2. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 3372(a)

   Pub. L. 95–454, § 603(b), (c)(1), substituted “a Federal” for “an executive” wherever appearing, and in cl. (1) inserted provisions relating to a noncareer appointee, limited term appointee, or limited emergency appointee, and an employee excepted from the competitive service

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–454, § 603(b), (c)(1), substituted “a Federal” for “an executive” wherever appearing, and in cl. (1) inserted provisions relating to a noncareer appointee, limited term appointee, or limited emergency appointee, and an employee excepted from the competitive service.

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

3. 1978

   Pub. L. 95–454 § 603(b) · 92 Stat. 1111

   1. Substituted · 5 U.S.C. § 3372(b)

      Pub. L. 95–454, § 603(b), (c)(2)–(4), in cls. (1) and (2) substituted “a Federal” for “an executive”

   2. Added · 5 U.S.C. § 3372(b)

      Pub. L. 95–454, § 603(b), (c)(2)–(4), in cls. (1) and (2) added cls. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–454, § 603(b), (c)(2)–(4), in cls. (1) and (2) substituted “a Federal” for “an executive”, and added cls. (3) and (4).

   Enacted provision · exact public law section
   (b) Sections 3372 through 3375 of title 5, United States Code, are amended by striking out “executive agency” and “an executive agency” each place they appear and inserting in lieu thereof “Federal agency” and “a Federal agency”, respectively.

4. 1978

   Pub. L. 95–454 § 603(c)(5) · 92 Stat. 1111

   Added · 5 U.S.C. § 3372(c)

   Pub. L. 95–454, § 603(c)(5), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–454, § 603(c)(5), added subsec. (c).

   Enacted provision · exact public law section
   (5) by adding at the end thereof (as amended in paragraph (4) of this subsection) the following new subsection:

5. 1983

   Pub. L. 98–146 title II · 97 Stat. 919

   Inserted · 5 U.S.C. § 3372(a)

   Pub. L. 98–146 inserted sentence providing that, in the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this title, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–146 inserted sentence providing that, in the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this title, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization.

   Enacted provision · exact public law
   TITLE II— RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service forest research For necessary expenses of forest research as authorized by law, $108,555,000. state and private forestry For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $60,579,000, to remain available for obligation until expended, to carry out activities authorized in Public Law 95–313: Provided, That a grant of $3,000,000 shall be made to the State of Minnesota for the purposes authorized by section 6 of Public Law 95–495. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for liquidation of obligations incurred in the preceding fiscal year for forest fire protection and emergency rehabilitation, including administrative expenses associated with the management of funds provided under the heads “Forest Research”, “State and Private Forestry”, “National Forest System”, “Construction”, and “Land Acquisition", and not less than $3,300,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $888,506,000. construction For necessary expenses of the Forest Service, not otherwise provided for, for construction, $251,724,000, to remain available until expended, of which $23,867,000 is for construction and acquisition of buildings and other facilities; and $227,857,000 is for construction of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That funds becoming available in fiscal year 1984 under the Act of March 4, 1913 (16 U.S.C. 501), shall be transferred to the General Fund of the Treasury of the United States: Provided further, That no more than $240,000,000, to remain available without fiscal year limitation, shall be obligated for the construction of forest roads by timber purchasers. land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $38,552,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. acquisition of lands for national forests, special acts For acquisition of land within the exterior boundaries of the Cache National Forest, Utah; Uinta and Wasatch National Forests, Utah; Toiyabe National Forest, Nevada; Angeles National Forest, California; and San Bernardino and Cleveland National Forests, California, as authorized by law, $780,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), all funds deposited by public school authorities pursuant to that Act, to remain available until expended. range betterment fund For necessary expenses of range rehabilitation, protection, and improvement in accordance with section 401(b)(1), of the Act of October 21, 1976, Public Law 94–579, as amended, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen Western States, to remain available until expended. miscellaneous trust funds For expenses authorized by 16 U.S.C. 1643(b), $90,000, to remain available until expended, to be derived from the fund established pursuant to 16 U.S.C. 1643(b). administrative provisions, forest service Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 201 passenger motor vehicles of which 3 will be used primarily for law enforcement purposes and of which 189 shall be for replacement only, acquisition of 217 passenger motor vehicles from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed 4 for replacement only, and acquisition of 49 aircraft from excess sources; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniform allowances for each uniformed employee of the United States Forest Service, not in excess of $400 annually; (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); and (D for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note). None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. None of the funds made available under this Act shall be obligated or expended to adjust annual recreational residence fees to an amount greater than that annual fee in effect at the time of the next to last fee adjustment, plus 50 per centum. In those cases where the currently applicable annual recreational residence fee exceeds that adjusted amount, the Forest Service shall credit to the permittee that excess amount, times the number of years that that fee has been in effect, to offset future fees owed to the Forest Service. Any appropriations or funds available to the Forest Service may be advanced to the National Forest System appropriation for the emergency rehabilitation of burned-over lands under its jurisdiction. Appropriations and funds available to the Forest Service shall be available to comply with the requirements of section 313(a) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)). The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development in connection with forest and rangeland research and technical information and assistance in foreign countries. Funds previously appropriated for timber salvage sales may be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest. Provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) shall apply to appropriations available to the Forest Service only to the extent that the proposed transfer is approved by the House and Senate Committees on Appropriations in compliance with the reprograming procedures contained in House Report 97–942. No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. DEPARTMENT OF ENERGY alternative fuels production The Secretary of Energy shall, utilizing the funds remaining for project feasibility development studies appropriated under this head in Public Law 96–126 (93 Stat. 970 (1979)), use up to $200,000 to conduct a feasibility study of an alternative fuels wood pellet gasifier facility located near Sandpoint, Idaho: Provided, That the Secretary of Energy shall, utilizing $33,027.79 of the funds remaining for Project Development Feasibility Studies appropriated under this head in Public Law 96–126 (93 Stat. 970 (1979)), reimburse consultants who provided services reviewing grant applications to the Office of Alcohol Fuels within the Department of Energy in 1980. fossil energy research and development (including transfer of funds) For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, $259,214,000, to remain available until expended, and $26,000,000 to be derived by transfer from unobligated balances in the fossil energy construction account, and $13,000,000 to be derived by transfer from the account in Public Law 96–126 (93 Stat. 970 (1979)) entitled “Alternative Fuels Production”, and $3,040,000 to be derived by transfer from amounts derived from fees for guarantees of obligations collected pursuant to section 19 of the Federal Nonnuclear Energy Research and Development Act of 1974, as amended (42 U.S.C. 5919), and deposited in the Energy Security Reserve established by Public Law 96–126: Provided, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further, That $30,000,000 of the amount provided above is to continue the development of magnetohydrodynamics technology and may not be used to terminate magnetohydrodynamics program activities: Provided further, That out of any money in the Treasury not otherwise appropriated, an additional $15,000,000 is to be made available on October 1, 1984, and an additional $15,000,000 is to be made available on October 1, 1985, such sums to remain available until expended, for a project to be carried out under the administrative and technical direction of the Tennessee Valley Authority, in cooperation with the Commonwealth of Kentucky and other entities, involving the planning, designing, constructing, operating, and testing of a demonstration facility near Paducah, Kentucky, for the generation of electricity from coal using an atmospheric fluidized bed combustion process. naval petroleum and oil shale reserves For necessary expenses in carrying out naval petroleum and oil shale reserves activities, including the purchase of not to exceed 3 passenger motor vehicles, $256,600,000, to remain available until expended. energy conservation For necessary expenses in carrying out energy conservation activities, $431,131,000, to remain available until expended: Provided, That the funds for low-income weatherization activities appropriated under this Act shall be expended according to the regulations pertaining to the maximum allowable expenditures per dwelling unit which were in effect on October 1, 1982, and to the regulations pertaining to priority in providing weatherization assistance which were in effect on October 1, 1982: Provided further, That $33,100,000 shall be transferred to the Administrator, National Aeronautics and Space Administration for program management of the advanced automobile propulsion systems development program and the heavy duty transport program established in Public Law 95–238: Provided further, That for the base State Energy Conservation Program (Part D of the Energy Policy and Conservation Act, section 361 through 366), each State will match in cash or in kind not less than 20 percent of the Federal contribution: Provided further, That $7,000,000 of the sum provided under this head shall be made available for research, development, and demonstration of a process to produce steel by direct strip casting, with the provision that the United States Treasury will be repaid up to double the total Federal expenditure for such process from proceeds to the participant from the commercial sale, lease, manufacture, or use of such process. economic regulation For necessary expenses in carrying out the activities of the Economic Regulatory Administration, the Office of Hearings and Appeals and emergency preparedness activities, $30,330,000. strategic petroleum reserve For expenses necessary to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), $158,770,000, to remain available until expended. spr petroleum account The aggregate amount that may be obligated under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35), for the acquisition and transportation of petroleum, and for other necessary expenses, is $650,000,000, in addition to authority provided in fiscal years 1982 and 1983, to remain available until expended: Provided, That the minimum required fill rate during fiscal year 1984 shall be not less than 186,000 barrels per day. energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $55,870,000. administrative provisions, department of energy Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From this appropriation, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private, or foreign: Provided, That (1) revenues received from the sale of any products produced in facilities other than demonstration plants operated as part of Department of Energy programs appropriated under this Act shall be covered into the Treasury as miscellaneous receipts; and (2) revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with demonstration plant projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate costsharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further, That any contract, agreement or provision thereof entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period. Where the Secretary has the legal authority under other provisions of law, including other provisions of this Act, to undertake projects for the design, construction, or operation of Government-owned facilities for developing or demonstrating the conversion of coal into gaseous, liquid, or solid hydrocarbon products, the Secretary may use the authority contained in Public Law 85–804 (50 U.S.C. 1431–1435), with respect to such contracts or agreements for or related to such projects: Provided, That any contract, agreement, or provision thereof entered into by the Secretary using the authority of Public Law 85–804 shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement or provision thereof shall become effective, except that such committees, after having received the proposed contract, agreement or provision thereof, may, by separate resolutions in writing, waive the condition of all or any portion of such thirty-day period. The notification required herein shall be in lieu of the notification requirements of Public Law 85–804. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Services Administration indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles III and V and section 757 of the Public Health Service Act with respect to the Indian Health Service, including hire of passenger motor vehicles and aircraft; purchase of reprints; purchase and erection of portable buildings; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary, $770,408,000: Provided, That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until September 30, 1985. Funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall be available until September 30, 1985, for the purpose of achieving compliance with the applicable conditions and requirements of title XVIII and XIX of the Social Security Act (exclusive of planning, design, construction of new facilities, or major renovation of existing Indian Health Service facilities): Provided further, That funding contained herein, and in any earlier appropriations Act, for scholarship programs under section 103 of the Indian Health Care Improvement Act and section 757 of the Public Health Service Act shall remain available for expenditure until September 30, 1985. indian health facilities For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of portable buildings, purchase of trailers and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the Indian Health Care Improvement Act, $53,595,000, to remain available until expended. administrative provisions, health services administration Appropriations in this Act to the Health Services Administration, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS-18, for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902), and for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities: Provided, That none of the funds appropriated under this Act to the Indian Health Service shall be available for the initial lease of permanent structures without advance provision therefor in appropriations Acts: Provided further, That nonIndian patients may be extended health care at all Indian Health Service facilities, if such care can be extended without impairing the ability of the Indian Health Service to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which shall be deposited in the fund established by sections 401 and 402 of the Indian Health Care Improvement Act: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That with the exception of service units which currently have a billing policy, the Indian Health Service shall not initiate any further action to bill Indians in order to collect from third-party payers nor to charge those Indians who may have the economic means to pay unless and until such time as Congress has agreed upon a specific policy to do so and has directed the IHS to implement such a policy: Provided further, That section 3372(a) of title 5, United States Code, is amended by adding a new sentence at the end to read: “In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization.”. DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education indian education For carrying out, to the extent not otherwise provided, Part A ($50,900,000), and Parts B and C ($15,000,000) of the Indian Education Act, and the General Education Provisions Act, $68,780,000. OTHER RELATED AGENCIES Navajo and Hopi Indian Relocation Commission salaries and expenses For necessary expenses of the Navajo and Hopi Indian Relocation Commission as authorized by Public Law 93–531, $18,783,000, to remain available until expended, for operating expenses of the Commission. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed ten years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; up to 3 replacement passenger vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $155,263,000, including not less than $786,000 to carry out the provisions of the National Museum Act and $500,000 to be made available to the trustees of the John F. Kennedy Center for the Performing Arts for payment to the National Symphony Orchestra and $500,000 for payment to the Washington Opera Society for activities related to their responsibilities as resident entities of the Center: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That none of these funds shall be available to a Smithsonian Research Foundation. museum programs and related research (special foreign currency program) For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $7,040,000, to remain available until expended and to be available only to United States institutions: Provided, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies: Provided further, That none of these funds shall be available to a Smithsonian Research Foundation: Provided further, That not to exceed $500,000 may be used to make grant awards to employees of the Smithsonian Institution. construction and improvements, national zoological park For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise, $3,500,000, to remain available until expended. restoration and renovation of buildings For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $9,000,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. construction (rescission) Of the funds appropriated pursuant to section 119 of Public Law 97–276, $8,000,000 is hereby rescinded. salaries and expenses, national gallery of art For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 ( 50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and not to exceed $100,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $34,389,000, of which not to exceed $4,250,000 for the repair, renovation, and restoration program of the original West Building shall remain available until expended, and of which not to exceed $1,360,000 for the special exhibition program shall remain available until expended: Provided,That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. salaries and expenses, woodrow wilson international center for scholars For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $2,568,000. National Foundation on the Arts and the Humanities National Endowment for the Arts salaries and expenses For necessary expenses to carry out the National Foundation on the Arts and Humanities Act of 1965, as amended, $132,000,000 of which $118,900,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, of which not less than 20 per centum of the funds provided for section 5(c) shall be available for assistance pursuant to section 5(g) of the Act, and $13,100,000 shall be available for administering the functions of the Act. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $30,000,000, to remain available until September 30, 1985, to the National Endowment for the Arts, of which $21,000,000 shall be available for purposes of section 5(1): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. National Endowment for the Humanities salaries and expenses For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $110,500,000 of which $97,750,000 shall be available to the National Endowment for the Humanities for support of activities in the humanities, pursuant to section 7(c) of the Act, of which not less than 20 per centum shall be available for assistance pursuant to section 7(f) of the Act, and $12,750,000 shall be available for administering the functions of the Act. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $29,500,000, to remain available until September 30, 1985, of which $18,000,000 shall be available to the National Endowment for the Humanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years, for which equal amounts have not previously been appropriated. institute of museum services For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $20,150,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions: Provided further, That regulations of the Institute shall require (1) an appeal process for applications rejected because of technical deficiency, (2) reconsideration of applications upon receipt of materials in a timely manner if the application was rejected because material did not accompany the application, and (3) waivers of certain records under circumstances which would require such waivers: Provided further, That no regulations may be established that prohibit grants to any institution which is a recipient of a challenge grant from either the National Endowment for the Arts or the National Endowment for the Humanities. administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That hereafter persons serving on the National Council on the Arts, the National Council on the Humanities, and the Museum Services Board shall continue serving until their successors are qualified for office: Provided further, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses. Commission of Fine Arts salaries and expenses For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $340,000. Advisory Council on Historic Preservation salaries and expenses For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 94–422, $1,546,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions. National Capital Planning Commission salaries and expenses For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71i), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $2,447,000. Franklin Delano Roosevelt Memorial Commission salaries and expenses For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92–332 (86 Stat. 401), $20,000 to remain available for obligation until September 30, 1985. Pennsylvania Avenue Development Corporation salaries and expenses For necessary expenses, as authorized by section 17(a) of Public 40 use 885. Law 92–578, as amended, $2,275,000 for operating and administrative expenses of the Corporation. public development For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92–578, as amended, $9,600,000 to remain available for obligation until expended. Federal Inspector for the Alaska Gas Pipeline permitting and enforcement For necessary expenses of the Federal Inspector for the Alaska Gas Pipeline, $2,963,000, of which not to exceed $1,000 may be used for official reception and representation expenses. United States Holocaust Memorial Council holocaust memorial council For expenses of the Holocaust Memorial Council, as authorized by Public Law 96–388, $1,853,000.

6. 1988

   Pub. L. 100–472 title II § 203(f) · 102 Stat. 2285

   Added · 5 U.S.C. § 3372(a); 5 U.S.C. § 3372(d)

   Pub. L. 100–472 added Pub. L. 93–638, § 104(k), (l). See 1975 Amendment note below

   Source evidence

   Code amendment note
   Subsecs. (a), (d). Pub. L. 100–472 added Pub. L. 93–638, § 104(k), (l). See 1975 Amendment note below.

   Enacted provision · exact public law section
   (f) by adding the following new subsections (k), Q), and (m). “(k) Section 3372(a) of title 5, United States Code, is further amended to add the following to the end thereof: ‘If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.’. “(l) Section 3372 of title 5, United States Code, is further amended by adding a new subsection (d) as follows: “(d) Where the employee is assigned to a tribal organization, the employee shall be eligible for promotions, periodic step-increases, additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54 of this title, on the same basis as other Federal employees.’. “(m) The status of an Indian appointed to the Federal service under an excepted appointment under the authority of section 12 of the Act of June 18, 1934 (25 U.S.C. 472), or any other provision of law granting a preference to Indians in personnel actions, shall be converted to a career appointment in the competitive service after three years of continuous service and satisfactory performance. The conversion shall not alter the Indian’s eligibility for preference in personnel actions.”.

7. 1975

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 § 104(k) · 88 Stat. 2204

   1. Added · 5 U.S.C. § 3372(a)

      Pub. L. 93–638, § 104(k), as added by Pub. L. 100–472

   2. Inserted · 5 U.S.C. § 3372(a)

      Pub. L. 93–638, § 104(k), as inserted at end “If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–638, § 104(k), as added by Pub. L. 100–472, inserted at end “If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.”

   Enacted provision · exact public law section
   Sec. 104. grants to indian tribal organizations (a) The Secretary of the Interior is authorized, upon the 25 USC 450h. 25 USC 13, 52a. request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts; (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within reservation boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe; or (4) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe. (b) The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization for— (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act. (c) The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.

8. 1975

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 § 104 · 88 Stat. 2204

   1. Added · 5 U.S.C. § 3372(d)

      Pub. L. 93–638, § 104(l), as added by Pub. L. 100–472

   2. Added · 5 U.S.C. § 3372(d)

      Pub. L. 93–638, § 104(l), as added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–638, § 104(l), as added by Pub. L. 100–472, added subsec. (d).

   Enacted provision · exact public law section
   Sec. 104. grants to indian tribal organizations (a) The Secretary of the Interior is authorized, upon the 25 USC 450h. 25 USC 13, 52a. request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts; (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within reservation boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe; or (4) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe. (b) The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization for— (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act. (c) The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.

9. 1993

   Pub. L. 103–89 § 3(b)(1)(A) · 107 Stat. 981

   Substituted · 5 U.S.C. § 3372(d)

   Pub. L. 103–89 substituted “and additional step-increases, as defined in chapter 53” for “additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–89 substituted “and additional step-increases, as defined in chapter 53” for “additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54”.

   Enacted provision · exact public law section
   (A) in section 3372(d) by striking “additional step-increases, merit pay, and cash awards, as defined in chapters 53 and 54” and inserting “and additional step-increases, as defined in chapter 53”;

   Effective date note
   Pub. L. 103–89, § 3(c), Sept. 30, 1993, 107 Stat. 983, provided that: “The amendments made by this section [amending this section and sections 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, and amending provisions set out as a note under section 5304 of this title] shall take effect as of November 1, 1993.”

10. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title X § 1068(b) · 108 Stat. 2663

    Added · 5 U.S.C. § 3372(e)

    Pub. L. 103–337 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–337 added subsec. (e).

    Enacted provision · exact public law section
    (b) Provisions Governing Assignments.— Section 3372 of title 5, United States Code, is amended by adding at the end the following new subsection: “(e) Regulations. Under regulations prescribed pursuant to section 3376 of this title— “(1) an assignment of an employee of a Federal agency to an other organization or an institution of higher education, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a Federal agency to a State or local government, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a Federal agency to a State or local government, except that the rate of pay of an employee assigned to a federally funded research and development center may not exceed the rate of pay that such employee would be paid for continued service in the position in the Federal agency from which assigned; and “(2) an assignment of an employee of an other organization or an institution of higher education to a Federal agency, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a State or local government to a Federal agency, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a State or local government to a Federal agency.”.

12 of 13 references resolved to an enrolled provision · 1 partial