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5 U.S.C. § 3704 — Assignment of employees from private sector organizations
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An employee of a private sector organization assigned to an agency under this chapter is deemed, during the period of the assignment, to be on detail to such agency.
**(b) Terms and Conditions.—** An employee of a private sector organization assigned to an agency 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), to be an employee of the agency for the purposes of—
(A) chapter 73;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(C) sections 1343, 1344, and 1349(b) of title 31;
(D) the Federal Tort Claims Act and any other Federal tort liability statute;
(E) chapter 131 of this title;
(F) section 1043 of the Internal Revenue Code of 1986; and
(G) chapter 21 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 of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
**(c) Coordination With Chapter 81.—** An employee of a private sector organization assigned to an agency under this chapter who suffers disability or dies as a result of personal injury sustained while performin
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Stable record: federal_law:legal_authorities:record_usc_b3a46698b1cef41791b65652
Source file: Laws/federal/codes/united-states-code/title-5/section-3704-assignment-of-employees-from-private-sector-organizations--09ae923ee1.md
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Source location: Title 5, Chapter 37, § 3704; chapter-037-information-technology-exchange-program.md
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**(a) In General.—** An employee of a private sector organization assigned to an agency under this chapter is deemed, during the period of the assignment, to be on detail to such agency.
**(b) Terms and Conditions.—** An employee of a private sector organization assigned to an agency 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), to be an employee of the agency for the purposes of—
(A) chapter 73;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
(C) sections 1343, 1344, and 1349(b) of title 31;
(D) the Federal Tort Claims Act and any other Federal tort liability statute;
(E) chapter 131 of this title;
(F) section 1043 of the Internal Revenue Code of 1986; and
(G) chapter 21 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 of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
**(c) Coordination With Chapter 81.—** An employee of a private sector organization assigned to an agency 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, as an employee as defined by section 8101 who had sustained the injury in the performance of duty, except that, if the employee or the employee’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 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.
**(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 assigned to an agency under this chapter for the period of the assignment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonrecognition of gain** If an eligible person sells any property pursuant to a certificate of divestiture, at the election of the taxpayer, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds the cost (to the extent not previously taken into account under this subsection) of any permitted property purchased by the taxpayer during the 60-day period beginning on the date of such sale.
**(b) Definitions** For purposes of this section—
(1) **Eligible person** — The term “eligible person” means—
(A) an officer or employee of the executive branch, or a judicial officer, of the Federal Government, but does not mean a special Government employee as defined in [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim), United States Code, and
(B) any spouse or minor or dependent child whose ownership of any property is attributable under any statute, regulation, rule, judicial canon, or executive order referred to in paragraph (2) to a person referred to in subparagraph (A).
(2) **Certificate of divestiture** — The term “certificate of divestiture” means any written determination—
(A) that states that divestiture of specific property is reasonably necessary to comply with any Federal conflict of interest statute, regulation, rule, judicial canon, or executive order (including [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim), United States Code), or requested by a congressional committee as a condition of confirmation,
(B) that has been issued by the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employ
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the definitions under section 3502 shall apply, and the term—
(1) “Administrator” means the Administrator of the Office of Electronic Government established under section 3602;
(2) “Council” means the Chief Information Officers Council established under section 3603;
(3) “electronic Government” means the use by the Government of web-based Internet applications and other information technologies, combined with processes that implement these technologies, to—
(A) enhance the access to and delivery of Government information and services to the public, other agencies, and other Government entities; or
(B) bring about improvements in Government operations that may include effectiveness, efficiency, service quality, or transformation;
(4) “enterprise architecture”—
(A) means—
(i) a strategic information asset base, which defines the mission;
(ii) the information necessary to perform the mission;
(iii) the technologies necessary to perform the mission; and
(iv) the transitional processes for implementing new technologies in response to changing mission needs; and
(B) includes—
(i) a baseline architecture;
(ii) a target architecture; and
(iii) a sequencing plan;
(5) “Fund” means the E-Government Fund established under section 3604;
(6) “interoperability” means the ability of different operating and software systems, applications, and services to communicate and exchange data in an accurate, effective, and consistent manner;
(7) “integrated service delivery” means the provision of Internet-based Federal Government information or services integrated according to function or topic rather than separated according to the boundaries of agency jurisdiction; and
(8) “tribal government” means—
(A) the governing b
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Federal law — U.S. Code and appendices · legal_authorities
Page 464
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3704
Administrator of the Small Business Admin-
istration 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 enact-
ment 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
which fails to comply with paragraph (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 to pri-
vate sector organizations in the year;
(B) of that total number, the number (and
percentage) made to small business con-
cerns; and
(C) the reasons for the agency’s non-
compliance with paragraph (1).
(4) EXCLUSION.—This subsection shall not
apply to an agency in any year in which it
makes fewer than 5 assignments under this
chapter to private sector organizations.
(Added Pub. L. 107–347, title II, § 209(c)(1), Dec.
17, 2002, 116 Stat. 2926.)
Editorial Notes
REFERENCES IN TEXT
The Federal Tort Claims Act, referred to in subsec.
(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 substan-
tially repealed and reenacted as sections 1346(b) and
2671 et seq. of Ti
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