Editorial Notes

References in Text

The Federal Tort Claims Act, referred to in subsec. (f)(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 Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq.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. (f)(2)(E), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Titles I, IV, and V of the Act were classified principally to the Appendix to Title 5, Government Organization and Employees, and were substantially repealed and restated in chapter 131 (§ 13101 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the Code, see Tables. For disposition of sections of the Act into chapter 131 of Title 5, see Disposition Table preceding section 101 of Title 5.

Amendments

2022—Subsec. (k). Pub. L. 117–263 added subsec. (k).

2021—Subsec. (b)(1)(C). Pub. L. 116–283, § 1102(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “shall contain language ensuring that such employee of the Department does not improperly use pre-decisional or draft deliberative information that such employee may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization.”

Subsec. (f)(4). Pub. L. 116–283, § 1102(a)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary of Defense; and”.

2019—Subsec. (e)(2)(A). Pub. L. 116–92, § 1116, inserted “permanent” after “without the”.

Subsecs. (i), (j). Pub. L. 116–92, § 863(a), added subsecs. (i) and (j).

Statutory Notes and Related Subsidiaries

Application of Public-Private Talent Exchange Programs in the Department of Defense to Quantum Information Sciences and Technology Research

Pub. L. 118–31, div. A, title II, § 220, Dec. 22, 2023, 137 Stat. 188, provided that:

“(a)

In General.—

Using the authority provided under section 1599g of title 10, United States Code, the Secretary of Defense shall seek to establish public-private talent exchange programs with private-sector entities working on quantum information sciences and technology research applications.

“(b)

Maximum Number of Participants.—

Each public-private talent exchange program established under subsection (a) may include not more than 10 program participants.

“(c)

Program Participant Defined.—

For purposes of subsection (b), the term ‘program participant’ includes—

“(1)

an employee of the Department of Defense who is assigned to a private-sector organization pursuant to subsection (a); and

“(2)

an employee of a private-sector organization who is assigned to a Department of Defense organization pursuant to such subsection.”

Enhancement of Public-Private Talent Exchange Programs in the Department of Defense

Pub. L. 116–283, div. A, title XI, § 1102(b)–(d), Jan. 1, 2021, 134 Stat. 3885, 3886, provided that:

“(b)

Application of Exchange Authority to Modernization Priorities.—

Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall take steps to ensure that the authority of the Secretary to carry out a public-private talent exchange program under section 1599g of title 10, United States Code (as amended by subsection (a)), is used to—

“(1)

carry out exchanges of personnel with private sector entities that are working on the modernization priorities of the Department of Defense; and

“(2)

carry out exchanges in—

“(A)

the office of the Under Secretary of Defense for Research and Engineering;

“(B)

the office of the Chief Information Officer of the Department of Defense;

“(C)

each Armed Force under the jurisdiction of the Secretary of a military department; and

“(D)

any other organizations or elements of the Department of Defense the Secretary determines appropriate.

“(c)

Conflicts of Interest.—

The Secretary shall implement a system to identify, mitigate, and manage any conflicts of interests that may arise as a result of an individual’s participation in a public-private talent exchange under section 1599g of title 10, United States Code.

“(d)

Treatment of Program Participants.—

The Secretary of Defense, in consultation with each Secretary of a military department, shall develop practices to ensure that participation by a member of an Armed Force under the jurisdiction of the Secretary of a military department in an public-private talent exchange under section 1599g of title 10, United States Code, is taken into consideration in subsequent assignments.”