5 U.S.C. § 3704 — Assignment of employees from private

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 Title IV of act Aug. 2, 1946, was substan- tially repealed and reenacted as sections 1346(b) and 2671 et seq.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 Title 28, Judiciary and Judicial Proce- dure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Ta- bles. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. Section 3(a)(2) of the Small Business Act, referred to in subsec. (e)(2)(A), is classified to section 632(a)(2) of Title 15, Commerce and Trade. The date of the enactment of this chapter, referred to in subsec. (e)(2)(B), is the date of enactment of Pub. L. 107–347, which was approved Dec. 17, 2002. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform of House of Rep- resentatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Com- mittee on Oversight and Reform of House of Represent- atives by House Resolution No. 6, One Hundred Six- teenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hun- dred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. 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. § 3704. Assignment of employees from private sector organizations (a) IN GENERAL.—An employee of a private sec- tor 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 agen- cy 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 sec- tor organization assigned to an agency under this chapter may be governed by agreement be- tween the agency and the private sector organi- zation concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the em- ployee during the period of assignment, or for any contribution of the private sector organiza- tion to employee benefit systems. (c) COORDINATION WITH CHAPTER 81.—An em- ployee of a private sector organization assigned to an agency under this chapter who suffers dis- ability or dies as a result of personal injury sus- tained while performing duties during the as- signment shall be treated, for the purpose of subchapter I of chapter 81, as an employee as de- fined by section 8101 who had sustained the in- jury in the performance of duty, except that, if the employee or the employee’s dependents re- ceive from the private sector organization any payment under an insurance policy for which Page 465 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3706 the premium is wholly paid by the private sec- tor 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 as- signed to an agency under this chapter for the period of the assignment. (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2928; amended Pub. L. 111–350, § 5(a)(6), Jan. 4, 2011, 124 Stat. 3841; Pub. L. 117–286, § 4(c)(8), Dec. 27, 2022, 136 Stat. 4354.) Editorial Notes REFERENCES IN TEXT The Federal Tort Claims Act, referred to in subsec. (b)(2)(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 substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Pro- cedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Proce- dure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the begin- ning of Title 28. Section 1043 of the Internal Revenue Code of 1986, re- ferred to in subsec. (b)(2)(F), is classified to section 1043 of Title 26, Internal Revenue Code. AMENDMENTS 2022—Subsec. (b)(2)(E). Pub. L. 117–286 substituted ‘‘chapter 131 of this title;’’ for ‘‘the Ethics in Govern- ment Act of 1978;’’. 2011—Subsec. (b)(2)(G). Pub. L. 111–350 substituted ‘‘chapter 21 of title 41’’ for ‘‘section 27 of the Office of Federal Procurement Policy Act’’. 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. § 3705. Application to Office of the Chief Tech- nology Officer of the District of Columbia (a) IN GENERAL.—The Chief Technology Officer of the District of Columbia may arrange for the assignment of an employee of the Office of the Chief Technology Officer to a private sector or- ganization, or an employee of a private sector organization to such Office, in the same manner as the head of an agency under this chapter. (b) TERMS AND CONDITIONS.—An assignment made pursuant to subsection (a) shall be subject to the same terms and conditions as an assign- ment made by the head of an agency under this chapter, except that in applying such terms and conditions to an assignment made pursuant to subsection (a), any reference in this chapter to a provision of law or regulation of the United States shall be deemed to be a reference to the applicable provision of law or regulation of the District of Columbia, including the applicable provisions of the District of Columbia Govern- ment Comprehensive Merit Personnel Act of 1978 (sec. 1–601.01 et seq., D.C. Official Code) and sec- tion 601 of the District of Columbia Campaign Finance Reform and Conflict of Interest Act (sec. 1–1106.01, D.C. Official Code). (c) DEFINITION.—For purposes of this section, the term ‘‘Office of the Chief Technology Offi- cer’’ means the office established in the execu- tive branch of the government of the District of Columbia under the Office of the Chief Tech- nology Officer Establishment Act of 1998 (sec. 1–1401 et seq., D.C. Official Code). (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2929.) Editorial Notes REFERENCES IN TEXT The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsec. (b), is an act of the District of Columbia and is not classi- fied to the Code. The District of Columbia Campaign Finance Reform and Conflict of Interest Act, referred to in subsec. (b), is Pub. L. 93–376, Aug. 14, 1974, 88 Stat. 447, which is not classified to the Code. The Office of the Chief Technology Officer Establish- ment Act of 1998, referred to in subsec. (c), is an act of the District of Columbia and is not classified to the Code. 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. § 3706. Reporting requirement (a) IN GENERAL.—The Office of Personnel Man- agement shall, not later than April 30 and Octo- ber 31 of each year, prepare and submit to the Committee on Government Reform of the House of Representatives and the Committee on Gov- ernmental Affairs of the Senate a semiannual report summarizing the operation of this chap- ter during the immediately preceding 6-month period ending on March 31 and September 30, re- spectively. (b) CONTENT.—Each report shall include, with respect to the 6-month period to which such re- port relates— (1) the total number of individuals assigned to, and the total number of individuals as- signed from, each agency during such period; (2) a brief description of each assignment in- cluded under paragraph (1), including— (A) the name of the assigned individual, as well as the private sector organization and the agency (including the specific bureau or other agency component) to or from which such individual was assigned; (B) the respective positions to and from which the individual was assigned, including the duties and responsibilities and the pay grade or level associated with each; and (C) the duration and objectives of the indi- vidual’s assignment; and