42 U.S.C. § 11708

Assignment of personnel

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(a) In general

The Secretary is authorized to enter into an agreement with any entity under which the Secretary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such entity on detail for the purposes of providing comprehensive health promotion and disease prevention services to Native Hawaiians.

(b) Applicable Federal personnel provisions

Any assignment of personnel made by the Secretary under any agreement entered into under the authority of subsection (a) shall be treated as an assignment of Federal personnel to a local government that is made in accordance with subchapter VI of chapter 33 of title 5.

(Pub. L. 100–579, § 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2309, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)Editorial NotesCodification

The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.

Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 9 of Pub. L. 100–579, as subsequently amended.

Amendments

1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to rule of construction.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Aspen Limousine Serv., Inc. v. Colorado Mountain Express, Inc., 891 F. Supp. 1450 (D. Colo. 1995).

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Aspen Limousine Serv., Inc. v. Colorado Mountain Express, Inc., 891 F. Supp. 1450 (D. Colo. 1995). “§ 11708 to enjoin all of CME’s operations, to make a finding of abandonment, or to revoke the operating authorities issued to CME by the ICC; And (3) any violation alleged is less than “clear,” a finding of which is a jurisdictional prerequisite to granting injunctive relief…”

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