107TH CONGRESS
2D SESSION
H. R. 3925
AN ACT
To establish an exchange program between the Federal Gov-
ernment and the private sector in order to promote the
development of expertise in information technology man-
agement, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Digital Tech Corps
Act of 2002’’.
SEC. 2. 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.
SEC. 3. INFORMATION TECHNOLOGY EXCHANGE PROGRAM.
(a) 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. Application to Office of the Chief Technology Officer of the District of
Columbia.
‘‘3706. Reporting requirement.
‘‘3707. Regulations.
‘‘§ 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) 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 em-
ployee of a private sector organization to the agency. An
eligible employee is an individual 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) AGREEMENTS.—Each agency that exercises its
authority under this chapter shall provide for a written
agreement between the agency and the employee con-
cerned regarding the terms and conditions of the employ-
ee’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 of the assignment.
An amount under paragraph (2) shall be treated as a debt
due the United States.
‘‘(c) TERMINATION.—Assignments may be termi-
nated by the agency or private sector organization con-
cerned for any reason at any time.
‘‘(d) DURATION.—Assignments under this chapter
shall be for a period of between 6 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 assign-
ment 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 Man-
agement, may assist in the administration of this chapter,
including by maintaining lists of potential candidates for
assignment under this chapter, establishing mentoring re-
lationships for the benefit of individuals who are given as-
signments under this chapter, and publicizing the pro-
gram.
‘‘(f) CONSIDERATIONS.—In exercising any authority
under 
this 
chapter, 
an 
agency 
shall 
take 
into
consideration—
‘‘(1) the need to ensure that small business con-
cerns are appropriately represented with respect to
the assignments described in sections 3703 and
3704, respectively; and
‘‘(c) REIMBURSEMENTS.—The assignment of an em-
ployee to a private sector organization under this chapter
may be made with or without reimbursement by the pri-
vate 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 gov-
ernment under section 3375, and for the pay, or a part
thereof, of the employee during assignment. Any reim-
bursements shall be credited to the appropriation of the
agency used for paying the travel and transportation ex-
penses or pay.
‘‘(d) TORT LIABILITY; SUPERVISION.—The Federal
Tort Claims Act and any other Federal tort liability stat-
ute apply to an employee of an agency assigned to a pri-
vate sector organization under this chapter. The super-
vision of the duties of an employee of an agency so as-
signed 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 en-
sure that, of the assignments made under this chap-
ter from such agency to private sector organizations
in each year, at least 20 percent are to small busi-
ness 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 Ad-
ministrator of the Small Business Administra-
tion under section 3(a)(2) of the Small Busi-
ness 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 en-
actment 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, sub-
mit a report to the Committees on Government Re-
form and Small Business of the House of Represent-
atives 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 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 pri-
vate sector organizations.
‘‘§ 3704. Assignment of employees from private sector
organizations
‘‘(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 de-
tail 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; 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) COORDINATION WITH CHAPTER 81.—An em-
ployee 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 pur-
pose of subchapter I of chapter 81, as an employee as de-
fined 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 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.
‘‘(d) PROHIBITION AGAINST CHARGING CERTAIN
COSTS TO THE FEDERAL GOVERNMENT.—A private sec-
tor 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.
‘‘§ 3705. Application to Office of the Chief Technology
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 Offi-
cer 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 apply-
ing such terms and conditions to an assignment made pur-
suant 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 Gov-
ernment 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).