---
kind: "range"
citation: "5 U.S.C. §§ 3702–3704"
title: "5"
from: "3702"
to: "3704"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/5/3702..3704"
---

# §3702. General provisions

- (a) **Assignment Authority.—** On request from or with the agreement of a private sector organization, and with the consent of the [employee](/usc/5/5361.md?p=1) concerned, the head of an [agency](/usc/5/3701.md?p=1) may arrange for the assignment of an [employee](/usc/5/5361.md?p=1) of the [agency](/usc/5/3701.md?p=1) to a private sector organization or an [employee](/usc/5/5361.md?p=1) of a private sector organization to the [agency](/usc/5/3701.md?p=1). An eligible [employee](/usc/5/5361.md?p=1) is an individual who—
  - (1) works in the field of information technology management;
  - (2) is considered an exceptional performer by the individual’s current employer; and
  - (3) is expected to assume increased information technology management responsibilities in the future.

  An [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/3701.md?p=1) shall be eligible to participate in this program only if the [employee](/usc/5/5361.md?p=1) is employed at the GS–11 level or above (or equivalent) and is serving under a career or career-conditional appointment or an appointment of equivalent tenure in the excepted [service](/usc/5/8331.md?p=12), and applicable requirements of section 209(b) of the E-Government Act of 2002 are met with respect to the proposed assignment of such [employee](/usc/5/5361.md?p=1).

- (b) **Agreements.—** Each [agency](/usc/5/3701.md?p=1) that exercises its [authority](/usc/5/7103.md?p=a-6) under this chapter shall provide for a written agreement between the [agency](/usc/5/3701.md?p=1) and the [employee](/usc/5/5361.md?p=1) concerned regarding the terms and conditions of the [employee](/usc/5/5361.md?p=1)’s assignment. In the case of an [employee](/usc/5/5361.md?p=1) of the [agency](/usc/5/3701.md?p=1), the agreement shall—
  - (1) require the [employee](/usc/5/5361.md?p=1) to serve in the civil [service](/usc/5/8331.md?p=12), upon completion of the assignment, for a period equal to the length of the assignment; and
  - (2) provide that, in the event the [employee](/usc/5/5361.md?p=1) fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the [agency](/usc/5/3701.md?p=1) from which assigned) the [employee](/usc/5/5361.md?p=1) shall be liable to the United States for payment of all expenses of the assignment.

  An amount under [paragraph (2)](#b-2) shall be treated as a debt due the United States.

- (c) **Termination.—** Assignments may be terminated by the [agency](/usc/5/3701.md?p=1) or private sector organization concerned for any reason at any time.
- (d) **Duration.—** Assignments under this chapter shall be for a period of between 3 months and 1 year, and may be extended in 3-month increments for a total of not more than 1 additional year, except that no assignment under this chapter may commence after the end of the 5-year period beginning on the date of the enactment of this chapter.
- (e) **Assistance.—** The Chief Information Officers [Council](/usc/5/8471.md?p=2), by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program.
- (f) **Considerations.—** In exercising any [authority](/usc/5/7103.md?p=a-6) under this chapter, an [agency](/usc/5/3701.md?p=1) shall take into consideration—
  - (1) the need to ensure that small business concerns are appropriately represented with respect to the assignments described in sections [3703](/usc/5/3703.md) and [3704](/usc/5/3704.md), respectively; and
  - (2) how assignments described in [section 3703](/usc/5/3703.md) might best be used to help meet the needs of the [agency](/usc/5/3701.md?p=1) for the training of [employees](/usc/5/5361.md?p=1) in information technology management.

# §3703. Assignment of employees to private sector organizations

- (a) **In General.—** An [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/3701.md?p=1) assigned to a private sector organization under this chapter is deemed, during the period of the assignment, to be on [detail](/usc/5/3701.md?p=2) to a regular work assignment in his [agency](/usc/5/3701.md?p=1).
- (b) **Coordination With Chapter 81.—** Notwithstanding any other provision of law, an [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/3701.md?p=1) assigned to a private sector organization under this chapter is entitled to retain coverage, rights, and benefits under subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md), and employment during the assignment is deemed employment by the United States, except that, if the [employee](/usc/5/5361.md?p=1) or the [employee](/usc/5/5361.md?p=1)’s dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on [account](/usc/5/8401.md?p=1) of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md).
- (c) **Reimbursements.—** The assignment of an [employee](/usc/5/5361.md?p=1) to a private sector organization under this chapter may be made with or without reimbursement by the private sector organization for the travel and transportation expenses to or from the place of assignment, subject to the same terms and conditions as apply with respect to an [employee](/usc/5/5361.md?p=1) of a [Federal agency](/usc/5/401.md?p=2) or a State or local government under [section 3375](/usc/5/3375.md), and for the pay, or a part thereof, of the [employee](/usc/5/5361.md?p=1) during assignment. Any reimbursements shall be credited to the appropriation of the [agency](/usc/5/3701.md?p=1) used for paying the travel and transportation expenses or pay.
- (d) **Tort Liability; Supervision.—** The Federal Tort Claims Act and any other Federal tort liability statute apply to an [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/3701.md?p=1) assigned to a private sector organization under this chapter. The supervision of the duties of an [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/3701.md?p=1) so assigned to a private sector organization may be governed by an agreement between the [agency](/usc/5/3701.md?p=1) and the organization.
- (e) **Small Business Concerns.—**
  - (1) **In general.—** The head of each [agency](/usc/5/3701.md?p=1) shall take such actions as may be necessary to ensure that, of the assignments made under this chapter from such [agency](/usc/5/3701.md?p=1) to private sector organizations in each year, at least 20 percent are to [small business concerns](#e-2-A).
  - (2) **Definitions.—** For purposes of this subsection—
    - (A) the term “small business concern” means a business concern that satisfies the definitions and standards specified by the Administrator of the Small Business Administration under section 3(a)(2) of the Small Business Act (as from time to time amended by the Administrator);
    - (B) the term “year” refers to the 12-month period beginning on the date of the enactment of this chapter, and each succeeding 12-month period in which any assignments under this chapter may be made; and
    - (C) the assignments “made” in a year are those commencing in such year.
  - (3) **Reporting requirement.—** An [agency](/usc/5/3701.md?p=1) which fails to comply with [paragraph (1)](#e-1) in a year shall, within 90 days after the end of such year, submit a report to the Committees on Government Reform and Small Business of the House of Representatives and the Committees on Governmental Affairs and Small Business of the Senate. The report shall include—
    - (A) the total number of assignments made under this chapter from such [agency](/usc/5/3701.md?p=1) to private sector organizations in the year;
    - (B) of that total number, the number (and percentage) made to [small business concerns](#e-2-A); and
    - (C) the reasons for the [agency](/usc/5/3701.md?p=1)’s noncompliance with [paragraph (1)](#e-1).
  - (4) **Exclusion.—** This subsection shall not apply to an [agency](/usc/5/3701.md?p=1) in any year in which it makes fewer than 5 assignments under this chapter to private sector organizations.

# §3704. Assignment of employees from private sector organizations

- (a) **In General.—** An [employee](/usc/5/5361.md?p=1) of a private sector organization assigned to an [agency](/usc/5/3701.md?p=1) under this chapter is deemed, during the period of the assignment, to be on [detail](/usc/5/3701.md?p=2) to such [agency](/usc/5/3701.md?p=1).
- (b) **Terms and Conditions.—** An [employee](/usc/5/5361.md?p=1) of a private sector organization assigned to an [agency](/usc/5/3701.md?p=1) under this chapter—
  - (1) may continue to receive pay and benefits from the private sector organization from which he is assigned;
  - (2) is deemed, notwithstanding [subsection (a)](#a), to be an [employee](/usc/5/5361.md?p=1) of the [agency](/usc/5/3701.md?p=1) for the purposes of—
    - (A) [chapter 73](/usc/5/chptIII-sptF-ch73.md);
    - (B) sections [201](/usc/18/201.md), [203](/usc/18/203.md), [205](/usc/18/205.md), [207](/usc/18/207.md), [208](/usc/18/208.md), [209](/usc/18/209.md), [603](/usc/18/603.md), [606](/usc/18/606.md), [607](/usc/18/607.md), [643](/usc/18/643.md), [654](/usc/18/654.md), [1905](/usc/18/1905.md), and [1913](/usc/18/1913.md) of title 18;
    - (C) sections [1343](/usc/31/1343.md), [1344](/usc/31/1344.md), and [1349(b)](/usc/31/1349.md?p=b) of title 31;
    - (D) the Federal Tort Claims Act and any other Federal tort liability statute;
    - (E) [chapter 131](/usc/5/chptIV-ch131.md) of this title;
    - (F) section 1043 of the Internal Revenue Code of 1986; and
    - (G) [chapter 21](/usc/41/chstI-dB-ch21.md) 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](/usc/5/5361.md?p=1) of a private sector organization assigned to an [agency](/usc/5/3701.md?p=1) under this chapter may be governed by agreement between the [agency](/usc/5/3701.md?p=1) and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the [agency](/usc/5/3701.md?p=1) for the pay, or a part thereof, of the [employee](/usc/5/5361.md?p=1) during the period of assignment, or for any contribution of the private sector organization to [employee](/usc/5/5361.md?p=1) benefit systems.

- (c) **Coordination With Chapter 81.—** An [employee](/usc/5/5361.md?p=1) of a private sector organization assigned to an [agency](/usc/5/3701.md?p=1) under this chapter who suffers disability or dies as a result of personal injury sustained while performing duties during the assignment shall be treated, for the purpose of subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md), as an [employee](/usc/5/5361.md?p=1) as defined by [section 8101](/usc/5/8101.md) who had sustained the injury in the performance of duty, except that, if the [employee](/usc/5/5361.md?p=1) or the [employee](/usc/5/5361.md?p=1)’s dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on [account](/usc/5/8401.md?p=1) of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of [chapter 81](/usc/5/chptIII-sptG-ch81.md).
- (d) **Prohibition Against Charging Certain Costs to the Federal Government.—** A private sector organization may not charge the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an [employee](/usc/5/5361.md?p=1) assigned to an [agency](/usc/5/3701.md?p=1) under this chapter for the period of the assignment.