-CITE-
    5 USC CHAPTER 37 - INFORMATION TECHNOLOGY EXCHANGE PROGRAM   01/03/2007 

-EXPCITE-
    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.                                          

-End-



-CITE-
    5 USC Sec. 3701                                             01/03/2007

-EXPCITE-
    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 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 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; amended Pub. L. 108-271, Sec. 8(b), July 7, 2004,
    118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

                              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.

-End-



-CITE-
    5 USC Sec. 3702                                             01/03/2007

-EXPCITE-
    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.)

-REFTEXT-
                            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.

-End-



-CITE-
    5 USC Sec. 3703                                             01/03/2007

-EXPCITE-
    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.)

-REFTEXT-
                            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 (Secs. 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
    Procedure, 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 Tables. 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.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, 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.

-End-



-CITE-
    5 USC Sec. 3704                                             01/03/2007

-EXPCITE-
    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.)

-REFTEXT-
                            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 (Secs. 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 Procedure, 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 Tables. For distribution of former
    sections of Title 28 into the revised Title 28, see Table at the
    beginning of Title 28.
      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.

-End-



-CITE-
    5 USC Sec. 3705                                             01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    5 USC Sec. 3706                                             01/03/2007

-EXPCITE-
    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.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-End-



-CITE-
    5 USC Sec. 3707                                             01/03/2007

-EXPCITE-
    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.)

-End-


-CITE-
    5 USC Subpart C - Employee Performance                      01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart C - Employee Performance

-HEAD-
    Subpart C - Employee Performance

-End-