Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 37 — INFORMATION TECHNOLOGY EXCHANGE PROGRAM › § 3704
Private-sector employees who are sent to work at a federal agency are treated as being on detail to that agency while they are there. They may still get pay and benefits from their company. For many legal purposes listed by the law, they are treated as agency employees — including chapter 73; sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; sections 1343, 1344, and 1349(b) of title 31; the Federal Tort Claims Act; chapter 131 of this title; section 1043 of the Internal Revenue Code of 1986; and chapter 21 of title 41. They may not see their company’s trade secrets or other nonpublic commercial information. The President can make rules about these assignments. Supervision can be set by agreement between the agency and the company, and the agency may or may not repay the company for pay or benefit costs. If such an employee is injured or dies while on the assignment, they are treated as an employee under subchapter I of chapter 81 and section 8101 for workers’ compensation, but any insurance or benefit payments from the company that were fully paid by the company are subtracted from what the federal program would pay. A private company may not charge the federal government, directly or indirectly under a federal contract, for the pay or benefits it gives the assigned employee during the assignment.
Full Legal Text
Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 3704
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110