; and (B) in the case of an element of the intelligence community in the Department of Defense, ensure that the normal duties and functions of such employees are not, as a result of and during the course of such temporary detail, performed or augmented by contractor personnel in violation of the provisions of section 2461 of title 10, United States Code. (g) Terms and conditions for private-sector employees An employee of a private-sector organization who is detailed to an element of the intelligence community under this section— (1) shall continue to receive pay and benefits from the private-sector organization from which such employee is detailed and shall not receive pay or benefits from the element, except as provided in paragraph (2); (2) is deemed to be an employee of the element for the purposes of— (A) chapters 73 and 81 of title 5, United States Code; (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ) and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978 (5 U.S.C. App.); and (F) chapter 21 of title 41, United States Code; (3) may perform work that is considered inherently governmental in nature only when requested in writing by the head of the element; (4) may not be used to circumvent any limitation or restriction on the size of the workforce of the element; (5) shall be subject to the same requirements applicable to an employee performing the same functions and duties proposed for performance by the private sector employee