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5 USC CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE

PROGRAM 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

.

-HEAD-

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-MISC1-

Sec.

3701. Definitions.

3702. General provisions.

3703. Assignment of employees to private sector organizations.

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.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3111, 7353 of this title;

title 18 sections 207, 209, 1905; title 41 section 423.

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5 USC Sec. 3701 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3701. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term ''agency'' means an Executive agency, but does not

include the General Accounting 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 agency 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

private sector organization that employs the individual,

whichever is appropriate in the context in which such term is

used.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2925.)

-MISC1-

EFFECTIVE DATE

Chapter effective 120 days after Dec. 17, 2002, see section

402(a) of Pub. L. 107-347, set out as a note under section 3601 of

Title 44, Public Printing and Documents.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 209.

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5 USC Sec. 3702 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3702. General provisions

-STATUTE-

(a) Assignment Authority. - On request from or with the agreement

of a private sector organization, 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 -

(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 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

career-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 agreement 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 assignment; 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 assignment.

An amount under paragraph (2) shall be treated as a debt due the

United States.

(c) Termination. - Assignments may be terminated by the agency 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, 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 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 sections 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 information technology management.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2925.)

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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, referred 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.

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5 USC Sec. 3703 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3703. Assignment of employees to private sector organizations

-STATUTE-

(a) In General. - An employee of an agency assigned to a private

sector organization under this chapter is deemed, during the period

of the assignment, to be on detail to a regular work assignment in

his agency.

(b) Coordination With Chapter 81. - Notwithstanding any other

provision of law, an employee of an agency assigned to a private

sector organization under this chapter is entitled to retain

coverage, rights, and benefits under subchapter 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 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.

(c) Reimbursements. - The assignment of an employee 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 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 credited 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 liability statute apply to an employee

of an agency assigned to a private sector organization under this

chapter. The supervision of the duties of an employee of an agency

so assigned to a private sector organization may be governed by an

agreement between the agency and the organization.

(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 sector

organizations in each year, at least 20 percent are to small

business concerns.

(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 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 private sector organizations in the year;

(B) of that total number, the number (and percentage) made to

small business concerns; and

(C) the reasons for the agency's noncompliance 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.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2926.)

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REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (d), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3702 of this title.

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5 USC Sec. 3704 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3704. Assignment of employees from private sector

organizations

-STATUTE-

(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) the Ethics in Government Act of 1978;

(F) section 1043 of the Internal Revenue Code of 1986; and

(G) section 27 of the Office of Federal Procurement Policy

Act;

(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.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2928.)

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REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (b)(2)(D), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

The Ethics in Government Act of 1978, referred to in subsec.

(b)(2)(E), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 101 of Pub. L. 95-521 in the

Appendix to this title and Tables.

Section 1043 of the Internal Revenue Code of 1986, referred to in

subsec. (b)(2)(F), is classified to section 1043 of Title 26,

Internal Revenue Code.

Section 27 of the Office of Federal Procurement Policy Act,

referred to in subsec. (b)(2)(G), is classified to section 423 of

Title 41, Public Contracts.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3702 of this title.

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5 USC Sec. 3705 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3705. Application to Office of the Chief Technology Officer of

the District of Columbia

-STATUTE-

(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

organization, 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 assignment 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 Government Comprehensive Merit Personnel

Act of 1978 (sec. 1-601.01 et seq., D.C. Official Code) and section

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 Officer'' means the office established in

the executive branch of the government of the District of Columbia

under the Office of the Chief Technology Officer Establishment Act

of 1998 (sec. 1-1401 et seq., D.C. Official Code).

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2929.)

-REFTEXT-

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 classified 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, as amended, which is not classified to the

Code.

The Office of the Chief Technology Officer Establishment Act of

1998, referred to in subsec. (c), is an act of the District of

Columbia and is not classified to the Code.

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5 USC Sec. 3706 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3706. Reporting requirement

-STATUTE-

(a) In General. - The Office of Personnel Management shall, not

later than April 30 and October 31 of each year, prepare and submit

to the Committee on Government Reform of the House of

Representatives and the Committee on Governmental Affairs of the

Senate a semiannual report summarizing the operation of this

chapter during the immediately preceding 6-month period ending on

March 31 and September 30, respectively.

(b) Content. - Each report shall include, with respect to the

6-month period to which such report relates -

(1) the total number of individuals assigned to, and the total

number of individuals assigned from, each agency during such

period;

(2) a brief description of each assignment included 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 individual's

assignment; and

(3) such other information as the Office considers appropriate.

(c) Publication. - A copy of each report submitted under

subsection (a) -

(1) shall be published in the Federal Register; and

(2) shall be made publicly available on the Internet.

(d) Agency Cooperation. - On request of the Office, agencies

shall furnish such information and reports as the Office may

require in order to carry out this section.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2929.)

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5 USC Sec. 3707 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM

-HEAD-

Sec. 3707. Regulations

-STATUTE-

The Director of the Office of Personnel Management shall

prescribe regulations for the administration of this chapter.

-SOURCE-

(Added Pub. L. 107-347, title II, Sec. 209(c)(1), Dec. 17, 2002,

116 Stat. 2930.)

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5 USC Subpart C - Employee Performance 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

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Subpart C - Employee Performance

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