5 U.S.C. § 3702 — General provisions

Page 461 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3702 1 Another section 3598 is set out preceding this section. of Investigation Reserve Service (hereinafter in this section referred to as the ‘‘FBI Reserve Service’’) for temporary reemployment of em- ployees in the Bureau during periods of emer- gency, as determined by the Director. (b) MEMBERSHIP.—Membership in the FBI Re- serve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) ANNUITANTS.—If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reem- ployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an em- ployee for the purposes of chapter 83 or 84. (d) NO IMPACT ON BUREAU PERSONNEL CEIL- ING.—FBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling ap- plicable to the Bureau. (e) EXPENSES.—The Director may provide members of the FBI Reserve Service transpor- tation and per diem in lieu of subsistence, in ac- cordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members at any given time. (Added Pub. L. 108–447, div. B, title I, § 114(a), Dec. 8, 2004, 118 Stat. 2869.) § 3598.1 Federal Bureau of Investigation Reserve Service (a) ESTABLISHMENT.—The Director of the Fed- eral Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the ‘‘FBI Reserve Service’’) for temporary reemployment of em- ployees in the Bureau during periods of emer- gency, as determined by the Director. (b) MEMBERSHIP.—Membership in the FBI Re- serve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) ANNUITANTS.—If an individual receiving an annuity from the Civil Service Retirement and Disability Fund on the basis of such individual’s service becomes temporarily reemployed pursu- ant to this section, such annuity shall not be discontinued thereby. An individual so reem- ployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) NO IMPACT ON BUREAU PERSONNEL CEIL- ING.—FBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling ap- plicable to the Bureau. (e) EXPENSES.—The Director may provide members of the FBI Reserve Service transpor- tation and per diem in lieu of subsistence, in ac- cordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) LIMITATION ON MEMBERSHIP.—Membership of the FBI Reserve Service is not to exceed 500 members at any given time. (g) LIMITATION ON DURATION OF SERVICE.—An individual may not be reemployed under this section for more than 180 days in connection with any particular emergency unless, in the judgment of the Director, the public interest so requires. (Added Pub. L. 108–458, title II, § 2004(a), Dec. 17, 2004, 118 Stat. 3703.) CHAPTER 37—INFORMATION TECHNOLOGY EXCHANGE PROGRAM Sec. 3701. Definitions. 3702. General provisions. 3703. Assignment of employees to private sector or- ganizations. 3704. Assignment of employees from private sector organizations. 3705. Application to Office of the Chief Technology Officer of the District of Columbia. 3706. Reporting requirement. 3707. Regulations. § 3701. Definitions For purposes of this chapter— (1) the term ‘‘agency’’ means an Executive agency, but does not include the Government Accountability Office; and (2) the term ‘‘detail’’ means— (A) the assignment or loan of an employee of an agency to a private sector organization without a change of position from the agen- cy that employs the individual, or (B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the pri- vate sector organization that employs the individual, whichever is appropriate in the context in which such term is used. (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2925; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Par. (1). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Dec. 17, 2002, see sec- tion 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents. § 3702. General provisions (a) ASSIGNMENT AUTHORITY.—On request from or with the agreement of a private sector orga- nization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who— Page 462 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3702 (1) works in the field of information tech- nology management; (2) is considered an exceptional performer by the individual’s current employer; and (3) is expected to assume increased informa- tion technology management responsibilities in the future. An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS–11 level or above (or equivalent) and is serving under a career or ca- reer-conditional appointment or an appointment of equivalent tenure in the excepted service, 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. (b) AGREEMENTS.—Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee’s assignment. In the case of an employee of the agency, the agree- ment shall— (1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assign- ment; and (2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the as- signment. An amount under paragraph (2) shall be treated as a debt due the United States. (c) TERMINATION.—Assignments may be termi- nated by the agency or private sector organiza- tion concerned for any reason at any time. (d) DURATION.—Assignments under this chap- ter shall be for a period of between 3 months and 1 year, and may be extended in 3-month incre- ments 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 enact- ment of this chapter. (e) ASSISTANCE.—The Chief Information Offi- cers Council, by agreement with the Office of Personnel Management, may assist in the ad- ministration of this chapter, including by main- taining lists of potential candidates for assign- ment 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 author- ity under this chapter, an agency shall take into consideration— (1) the need to ensure that small business concerns are appropriately represented with respect to the assignments described in sec- tions 3703 and 3704, respectively; and (2) how assignments described in section 3703 might best be used to help meet the needs of the agency for the training of employees in in- formation technology management. (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2925.) Editorial Notes REFERENCES IN TEXT GS–11, referred to in subsec. (a), is contained in the General Schedule which is set out under section 5332 of this title. Section 209(b) of the E-Government Act of 2002, re- ferred to in subsec. (a), is section 209(b) of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of Pub. L. 107–347, which was approved Dec. 17, 2002. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Dec. 17, 2002, see sec- tion 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF CYBER AND INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS Pub. L. 111–84, div. A, title XI, § 1110, Oct. 28, 2009, 123 Stat. 2493, as amended by Pub. L. 113–66, div. A, title XI, § 1106, Dec. 26, 2013, 127 Stat. 887; Pub. L. 114–92, div. A, title X, § 1075(a), Nov. 25, 2015, 129 Stat. 997; Pub. L. 114–328, div. A, title XI, § 1123, Dec. 23, 2016, 130 Stat. 2455; Pub. L. 117–263, div. A, title XI, § 1112, Dec. 23, 2022, 136 Stat. 2820; Pub. L. 117–286, § 4(c)(7), Dec. 27, 2022, 136 Stat. 4354; Pub. L. 118–159, div. A, title XI, § 1101, Dec. 23, 2024, 138 Stat. 2085, provided that: ‘‘(a) ASSIGNMENT AUTHORITY.—The Secretary of De- fense may, with the agreement of the private sector or- ganization concerned, arrange for the temporary as- signment of an employee to such private sector organi- zation, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if— ‘‘(1) the employee— ‘‘(A) works in the field of cyber operations or in- formation technology management or performs fi- nancial management and budgeting tasks for a pri- vate sector organization that primarily develops software or provides software services; ‘‘(B) is considered by the Secretary of Defense to be an exceptional employee; ‘‘(C) is expected to assume increased cyber oper- ations or information technology management re- sponsibilities in the future; and ‘‘(D) is compensated at not less than the GS–11 level (or the equivalent); and ‘‘(2) the proposed assignment meets applicable re- quirements of section 209(b) of the E-Government Act of 2002 [Pub. L. 107–347] (44 U.S.C. 3501 note). ‘‘(b) AGREEMENTS.—The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the em- ployee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— ‘‘(1) shall require that employees of the Department of Defense, upon completion of the assignment, will serve in the civil service for a period equal to the length of the assignment; and ‘‘(2) shall provide that if the employee of the De- partment of Defense or of the private sector organiza- tion (as the case may be) fails to carry out the agree- ment, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under para- graph (2) shall be treated as a debt due the United States. ‘‘(c) TERMINATION.—An assignment under this section may, at any time and for any reason, be terminated by Page 463 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3703 the Department of Defense or the private sector organi- zation concerned. ‘‘(d) DURATION.—An assignment under this section shall be for a period of not less than 3 months and not more than 1 year, and may be extended in 3-month in- crements for a total of not more than 1 additional year; however, no assignment under this section may com- mence after December 31, 2026. ‘‘(e) TERMS AND CONDITIONS FOR PRIVATE SECTOR EM- PLOYEES.—An employee of a private sector organization who is assigned to a Department of Defense organiza- tion under this section— ‘‘(1) may continue to receive pay and benefits from the private sector organization from which such em- ployee is assigned; ‘‘(2) is deemed to be an employee of the Department of Defense for the purposes of— ‘‘(A) chapter 73 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) the Federal Tort Claims Act [see Short Title note under section 2671 of Title 28, Judiciary and Judicial Procedure] and any other Federal tort li- ability statute; ‘‘(E) chapter 131 of title 5, United States Code; ‘‘(F) section 1043 of the Internal Revenue Code of 1986 [26 U.S.C. 1043]; and ‘‘(G) section 27 of the Office of Federal Procure- ment Policy Act [now 41 U.S.C. 2101 et seq.]; and ‘‘(3) may not have access to any trade secrets or to any other nonpublic information which is of commer- cial value to the private sector organization from which such employee is assigned. ‘‘(f) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE FEDERAL GOVERNMENT.—A private sector organiza- tion may not charge the Department of Defense or any other agency of 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 a Department of Defense organization under this section for the period of the assignment. ‘‘(g) CONSIDERATIONS.—In carrying out this section, the Secretary of Defense— ‘‘(1) shall ensure that, of the assignments made under this section each year, at least 20 percent are to or from small business concerns (as defined by sec- tion 3703(e)(2)(A) of title 5, United States Code); and ‘‘(2) shall take into consideration the question of how assignments under this section might best be used to help meet the needs of the Department of De- fense with respect to the training of employees in cyber operations or information technology manage- ment. ‘‘(h) NUMERICAL LIMITATION.—In no event may more than 50 employees be participating in assignments under this section at any given time. ‘‘(i) REPEAL OF SUPERSEDED SECTION.—Section 1109 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 358) [formerly set out as a note under this section] is repealed, except that— ‘‘(1) nothing in this subsection shall, in the case of any assignment commencing under such section 1109 on or before the date of the enactment of this Act [Oct. 28, 2009], affect— ‘‘(A) the duration of such assignment or the au- thority to extend such assignment in accordance with subsection (d) of such section 1109, as last in effect; or ‘‘(B) the terms or conditions of the agreement governing such assignment, including with respect to any service obligation under subsection (b) thereof; and ‘‘(2) any employee whose assignment is allowed to continue by virtue of paragraph (1) shall be taken into account for purposes of the numerical limitation under subsection (h).’’ Pub. L. 110–181, div. A, title XI, § 1109, Jan. 28, 2008, 122 Stat. 358, which authorized the Secretary of Defense to arrange for the temporary assignment of a Department of Defense employee to a private sector organization under certain terms, conditions, and considerations, and for a limited period, and required the Secretary to submit to the Committees on Armed Services a report on the potential benefits of temporarily assigning in- formation technology specialists from private sector organizations to the Department of Defense, was re- pealed, with certain exceptions, by Pub. L. 111–84, div. A, title XI, § 1110(i), formerly § 1110(j), Oct. 28, 2009, 123 Stat. 2495, renumbered § 1110(i), Pub. L. 114–92, div. A, title X, § 1075(a)(2), Nov. 25, 2015, 129 Stat. 997, see above. § 3703. Assignment of employees to private sector organizations (a) IN GENERAL.—An employee of an agency as- signed to a private sector organization under this chapter is deemed, during the period of the assignment, to be on detail to a regular work as- signment in his agency. (b) COORDINATION WITH CHAPTER 81.—Notwith- standing any other provision of law, an em- ployee of an agency assigned to a private sector organization under this chapter is entitled to re- tain coverage, rights, and benefits under sub- chapter I of chapter 81, and employment during the assignment is deemed employment by the United States, except that, if the employee or the employee’s dependents receive from the pri- vate sector organization any payment under an insurance policy for which the premium is whol- ly 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 pay- ment or benefit shall be credited against any compensation otherwise payable under sub- chapter I of chapter 81. (c) REIMBURSEMENTS.—The assignment of an employee to a private sector organization under this chapter may be made with or without reim- bursement 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 of a Federal agency or a State or local government under section 3375, and for the pay, or a part thereof, of the employee during assignment. Any reimbursements shall be cred- ited to the appropriation of the agency used for paying the travel and transportation expenses or pay. (d) TORT LIABILITY; SUPERVISION.—The Federal Tort Claims Act and any other Federal tort li- ability statute apply to an employee of an agen- cy assigned to a private sector organization under this chapter. The supervision of the duties of an employee of an agency so assigned to a pri- vate sector organization may be governed by an agreement between the agency and the organiza- tion. (e) SMALL BUSINESS CONCERNS.— (1) IN GENERAL.—The head of each agency shall take such actions as may be necessary to ensure that, of the assignments made under this chapter from such agency to private sec- tor organizations in each year, at least 20 per- cent are to small business concerns. (2) DEFINITIONS.—For purposes of this sub- section— (A) the term ‘‘small business concern’’ means a business concern that satisfies the definitions and standards specified by the