SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Information
Technology Workforce and Acquisition Improvement Act
of 2002’’.
SEC. 2. EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES 
TO 
CERTAIN 
COMMERCIAL
ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (divi-
sions D and E of Public Law 104–106; 110 Stat. 652;
10 U.S.C. 2304 note) is amended—
(1) in subsection (e), by striking ‘‘January 1,
2003’’ and inserting ‘‘January 1, 2008’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) REPORT.—Not later than December 31, 2004,
the Comptroller General shall submit to Congress a report
on the effectiveness of the implementation of the provi-
sions enacted by this section and any recommendations for
improving such effectiveness.’’.
SEC. 3. INFORMATION TECHNOLOGY EXCHANGE PROGRAM.
(a) FINDINGS.—Congress finds that—
(1) unless action is taken soon, there will be a
crisis in the government’s ability to deliver essential
services to the American people;
(2) by 2006, over 50 percent of the Federal
Government’s information technology workforce will
be eligible to retire, creating a huge demand in the
Federal Government for high-skill workers;
(3) despite a 44 percent decrease in the demand
for information technology workers in the private
sector, the Information Technology Association of
America reported in 2001 that employers will need
to fill over 900,000 new information technology jobs
and will be unable to find qualified workers for
425,000 of those jobs;
(4) to highlight the urgency of this situation, in
January 2001, the General Accounting Office added
the Federal Government’s human capital manage-
ment to its list of high-risk problems for which an
effective solution must be found;
(5) despite efforts to increase flexibility in Fed-
eral agencies’ employment practices, compensation
issues continue to severely restrain recruitment for
Federal agencies; and
(6) an effective, efficient, and economical re-
sponse to this crisis would be to create a vibrant, on-
going exchange effort designed to share talent, ex-
pertise, and advances in management between lead-
ing-edge businesses and Federal agencies engaged in
best practices.
(b) INFORMATION TECHNOLOGY EXCHANGE PRO-
GRAM.—
(1) IN GENERAL.—Subpart B of part III of
title 5, United States Code, is amended by adding
at the end the following:
‘‘CHAPTER 37—INFORMATION
TECHNOLOGY EXCHANGE PROGRAM
‘‘Sec.
‘‘3701. Definitions.
‘‘3702. General provisions.
‘‘3703. Assignment of employees to private sector organizations.
‘‘3704. Assignment of employees from private sector organizations.
‘‘3705. Authority of the Office of Personnel Management.
‘‘§ 3701. Definitions
‘‘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 em-
ployee of an agency to a private sector organi-
zation without a change of position from the
agency that employs the individual; or
‘‘(B) the assignment or loan of an em-
ployee of a private sector organization to an
agency without a change of position from the
private sector organization that employs the in-
dividual,
whichever is appropriate in the context in which
such term is used.
‘‘§ 3702. General provisions
‘‘(a) On request from or with the agreement of a pri-
vate sector organization, and with the consent of the em-
ployee 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 or-
ganization to the agency. An eligible employee is an indi-
vidual who—
‘‘(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 career-conditional appointment or an appoint-
ment of equivalent tenure in the excepted service.
‘‘(b) 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 pe-
riod 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 ex-
penses (excluding salary) of the assignment. The
amount shall be treated as a debt due the United
States.
‘‘(c) Assignments may be terminated by the agency
or private sector organization concerned for any reason
at any time.
‘‘(d) Assignments under this chapter shall be for 1
year and may be extended for an additional period not
to exceed 1 year.
‘‘(e) 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.
‘‘§ 3703. Assignment of employees to private sector or-
ganizations
‘‘(a) 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) Notwithstanding any other provision of law, an
employee of an agency assigned to a private sector organi-
zation 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 or-
ganization 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 pay-
ment or benefit shall be credited against any compensation
otherwise payable under subchapter I of chapter 81.
‘‘(c) The assignment of an employee to a private sec-
tor 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 condi-
tions 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) 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.
‘‘§ 3704. Assignment of employees from private sector
organizations
‘‘(a) An employee of a private sector organization as-
signed to an agency under this chapter is deemed, during
the period of the assignment, to be on detail to such agen-
cy.
‘‘(b) An employee of a private sector organization as-
signed 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, except for section
7353(a)(1);
‘‘(B) sections 203, 205, 207, 208, 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(p)(8) of the Office of Fed-
eral Procurement Policy Act; and
‘‘(3) is subject to such regulations as the Presi-
dent may prescribe.
The supervision of an employee of a private sector organi-
zation 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 pe-
riod of assignment, or for any contribution of the private
sector organization to employee benefit systems.
‘‘(c) An employee of a private sector organization as-
signed to an agency under this chapter who suffers dis-
ability 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 sus-
tained 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 in-
surance 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 sub-
chapter I of chapter 81.
‘‘§ 3705. Authority of the Office of Personnel Manage-
ment
‘‘The Director of the Office of Personnel Manage-
ment shall prescribe regulations for the administration of
this chapter.’’.
(2) CLERICAL AMENDMENT.—The analysis for
part III of title 5, United States Code, is amended
by inserting after the item relating to chapter 35
the following:
‘‘37. Information Technology Exchange Program .................................... 3701’’.
(c) ALLOWABILITY
OF COSTS.—Within 120 days
after the enactment of this Act, the Federal Acquisition
Regulatory Council shall amend the Federal Acquisition
Regulation to recognize the costs associated with an em-
ployee’s participation in the program authorized by sub-
section (b) as allowable training and education costs. Such
costs—
(1) include the employee’s salary and fringe
benefits for a period not to exceed the period of the
employee’s assignment under the program author-
ized by subsection (b), as well as moving and travel
expenses; and
(2) may be treated, for accounting purposes—
(A) as an indirect cost and accounted for
in—
(i) an established overhead account; or
(ii) an overhead account established
specifically for the program authorized by
subsection (b) and allocated exclusively to
the contractor’s Federal Government con-
tracts; or
(B) as a direct cost chargeable to fixed
price or time and material contracts.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO TITLE 5, UNITED STATES
CODE.—Title 5, United States Code, is amended—
(A) in section 3111 by adding at the end
the following:
‘‘(d) Notwithstanding section 1342 of title 31, the
head of an agency may accept voluntary service for the
United States under chapter 37 of this title and regula-
tions of the Office of Personnel Management.’’; and
(B) in section 4108 by striking subsection
(d).
(2) OTHER AMENDMENTS.—Section 125(c)(1)
of Public Law 100–238 (5 U.S.C. 8432 note) is
amended—
(A) in subparagraph (B) by striking ‘‘or’’
at the end;
(B) in subparagraph (C) by striking ‘‘and’’
at the end and inserting ‘‘or’’; and
(C) by adding at the end the following:
‘‘(D) an individual assigned from a Fed-
eral agency to a private sector organization
under chapter 37 of title 5, United States Code;
and’’.
SEC. 4. AUTHORIZATION OF TELECOMMUTING FOR FED-
ERAL CONTRACTORS.
(a) AMENDMENT
TO
THE FEDERAL ACQUISITION
REGULATION.—Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regula-
tion issued in accordance with sections 6 and 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 405
and 421) shall be amended to permit the use of telecom-
muting by employees of Federal contractors in the per-
formance of contracts with executive agencies.
(b) CONTENT
OF AMENDMENT.—The amendment
issued pursuant to subsection (a) shall, at a minimum,
provide that solicitations for the acquisition of goods or
services shall not set forth any requirement or evaluation
criteria that would—
(1) render an offeror ineligible to receive a con-
tract award based on the offeror’s plan to allow its
employees to telecommute; or
(2) reduce the scoring of an offeror’s proposal
based upon the contractor’s plan to allow its employ-
ees to telecommute, unless the contracting officer
first—
(A) determines that the needs of the agen-
cy, including the security needs of the agency,
cannot be met without any such requirement;
and
(B) explains in writing the basis for that
determination.
(c) GAO REPORT.—Not later than one year after the
date on which the amendment required by subsection (a)
is published in the Federal Register, the Comptroller Gen-
eral shall submit to Congress an evaluation of—
(1) compliance by executive agencies with the
regulations; and
(2) conformance of the regulations with existing
law, together with any recommendations that the
Comptroller General considers appropriate.
(d) DEFINITION.—In this section, the term ‘‘execu-
tive agency’’ has the meaning given that term in section
105 of title 5, United States Code.
Æ