IB
Union Calendar No. 231
107TH CONGRESS
2D SESSION
H. R. 3925
[Report No. 107–379, Parts I and II]
To establish an exchange program between the Federal Government and
the private sector in order to promote the development of expertise
in information technology management, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 2002
Mr. TOM DAVIS of Virginia (for himself and Mr. BURTON of Indiana) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform
MARCH 18, 2002
Reported from the Committee on Government Reform with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 18, 2002
Referred to the Committees on the Judiciary and Ways and Means for a pe-
riod ending not later than March 19, 2002, for consideration of such pro-
visions of the bill and amendment as fall within the jurisdiction of those
committees pursuant to clause 1 (k) and (s), rule X
MARCH 19, 2002
Referral to the Committees on the Judiciary and Ways and Means extended
for a period ending not later than April 9, 2002
APRIL 9, 2002
Reported from the Committee on the Judiciary with an amendment
[Omit the part struck through in italic and insert the part printed in boldface roman]
APRIL 9, 2002
The Committee on Ways and Means discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 12, 2002]
A BILL
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 Gov-
ernment’s information technology workforce will be el-
igible to retire, creating a huge demand in the Fed-
eral Government for high-skill workers;
(3) despite a 44 percent decrease in the demand
for information technology workers in the private sec-
tor, the Information Technology Association of Amer-
ica 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 management
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, exper-
tise, and advances in management between leading-
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 Co-
lumbia.
‘‘3706. Reporting requirement.
‘‘3707. Regulations.
‘‘§ 3701. Definitions
‘‘For purposes of this chapter—
‘‘(1) the term ‘agency’ means an Executive agen-
cy, but does not include the General Accounting Of-
fice; 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.
‘‘§ 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 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 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 concerned
regarding the terms and conditions of the employee’s assign-
ment. In the case of an employee of the agency, the agree-
ment 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 suffi-
cient 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 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 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 Manage-
ment, may assist in the administration of this chapter, in-
cluding by maintaining lists of potential candidates for as-
signment under this chapter, establishing mentoring rela-
tionships for the benefit of individuals who are given as-
signments under this chapter, and publicizing the program.
‘‘§ 3703. Assignment of employees to private sector or-
ganizations
‘‘(a) IN GENERAL.—An employee of an agency as-
signed 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.—Notwith-
standing 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 em-
ployee 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 ex-
penses to or from the place of assignment, subject to the
same terms and conditions as apply with respect to an em-
ployee 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 pay-
ing 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 agree-
ment between the agency and the organization.
‘‘§ 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 detail
to such agency.
‘‘(b) TERMS AND CONDITIONS.—An employee of a pri-
vate sector organization assigned to an agency under this
chapter—
‘‘(1) may, notwithstanding section 209 of title
18, continue to receive pay and benefits from the pri-
vate 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 Pro-
curement Policy Act; and
‘‘(3) is subject to such regulations as the Presi-
dent may prescribe.
The supervision of an employee of a private sector organiza-
tion assigned to an agency under this chapter may be gov-
erned by agreement between the agency and the private sec-
tor 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 em-
ployee of a private sector organization assigned to an agen-
cy 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 perform-
ance 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 cred-
ited against any compensation otherwise payable under
subchapter I of chapter 81.
‘‘§ 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 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 regu-
lation of the District of Columbia, including the applicable
provisions of the District of Columbia Government Com-
prehensive 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 Inter-
est 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 Tech-
nology Officer Establishment Act of 1998 (sec. 1–1401 et
seq., D.C. Official Code).
‘‘§ 3706. Reporting requirement
‘‘(a) IN GENERAL.—The Office of Personnel Manage-
ment 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 im-
mediately preceding 6-month period ending on March 31
and September 30, respectively.
‘‘(b) CONTENT.—Each report shall include, with re-
spect 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 in-
cluded 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 indi-
vidual 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 indi-
vidual’s assignment; and
‘‘(3) such other information as the Office con-
siders 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.
‘‘§ 3707. Regulations
‘‘The Director of the Office of Personnel Management
shall prescribe regulations for the administration of this
chapter.’’.
(b) REPORT.—Not later than 4 years after the date
of the enactment of this Act, the General Accounting Office
shall prepare and submit to the Committee on Government
Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate a report on the oper-
ation of chapter 37 of title 5, United States Code (as added
by this section). Such report shall include—
(1) an evaluation of the effectiveness of the pro-
gram established by such chapter; and
(2) a recommendation as to whether such pro-
gram should be continued (with or without modifica-
tion) or allowed to lapse.
(c) 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’’.
SEC. 4. ETHICS PROVISIONS.
(a) ONE-YEAR RESTRICTION ON CERTAIN COMMU-
NICATIONS.—Section 207(c)(2)(A) of title 18, United States
Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iii);
(2) by striking the period at the end of clause
(iv) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(v) an employee of a private sector organi-
zation assigned to an agency under chapter 37
of title 5.’’.
‘‘(v) assigned from a private sec-
tor organization to an agency under
chapter 37 of title 5.’’.
(b) DISCLOSURE OF CONFIDENTIAL INFORMATION.—
Section 1905 of title 18, United States Code, is amended
by inserting ‘‘or being an employee of a private sector orga-
nization who is, or was within the past three years, as-
signed to an agency under chapter 37 of title 5,’’ after ‘‘(15
U.S.C. 1311–1314),’’.
(c) CONTRACT ADVICE.—Section 207 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(l) CONTRACT ADVICE BY FORMER DETAILS.—Who-
ever, being an employee of a private sector organization as-
signed to an agency under chapter 37 of title 5, within one
year after the end of that assignment, knowingly represents
or aids, counsels, or assists in representing any other person
(except the United States) in connection with any contract
with that agency shall be punished as provided in section
216 of this title.’’.
(d) RESTRICTION ON DISCLOSURE OF PROCUREMENT
INFORMATION.—Section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423) is amended in subsection
(a)(1) by adding at the end the following new sentence: ‘‘In
the case of an employee of a private sector organization as-
signed to an agency under chapter 37 of title 5, United
States Code, in addition to the restriction in the preceding
sentence, such employee shall not, other than as provided
by law, knowingly disclose contractor bid or proposal infor-
mation or source selection information during the three-
year period after the end of the assignment of such em-
ployee.’’.
SEC. 5. REPORT ON EXISTING EXCHANGE PROGRAMS.
(a) EXCHANGE PROGRAM DEFINED.—For purposes of
this section, the term ‘‘exchange program’’ means an execu-
tive exchange program, the program under subchapter VI
of chapter 33 of title 5, United States Code, and any other
program which allows for—
(1) the assignment of employees of the Federal
Government to non-Federal employers;
(2) the assignment of employees of non-Federal
employers to the Federal Government; or
(3) both.
(b) REPORTING REQUIREMENT.—Not later than 1 year
after the date of the enactment of this Act, the Office of Per-
sonnel Management shall prepare and submit to the Com-
mittee on Government Reform of the House of Representa-
tives and the Committee on Governmental Affairs of the
Senate a report identifying all existing exchange programs.
(c) SPECIFIC INFORMATION.—The report shall, for
each such program, include—
(1) a brief description of the program, including
its size, eligibility requirements, and terms or condi-
tions for participation;
(2) specific citation to the law or other authority
under which the program is established;
(3) the names of persons to contact for more in-
formation, and how they may be reached; and
(4) any other information which the Office con-
siders appropriate.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) AMENDMENTS
TO TITLE 5, UNITED STATES
CODE.—Title 5, United States Code, is amended—
(1) in section 3111, by adding at the end the fol-
lowing:
‘‘(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 regulations of the
Office of Personnel Management.’’;
(2) in section 4108, by striking subsection (d);
and
(3) in section 7353(b), by adding at the end the
following:
‘‘(4) Nothing in this section precludes an employee of
a private sector organization, while assigned to an agency
under chapter 37, from continuing to receive pay and bene-
fits from such organization in accordance with such chap-
ter.’’.
(b) AMENDMENT TO TITLE 18, UNITED STATES
CODE.—Section 209 of title 18, United States
Code, is amended by adding at the end the fol-
lowing:
‘‘(g)(1) This section does not prohibit an
employee of a private sector organization,
while assigned to an agency under chapter 37
of title 5, from continuing to receive pay and
benefits from such organization in accord-
ance with such chapter.
‘‘(2) For purposes of this subsection, the
term ‘agency’ means an agency (as defined by
section 3701 of title 5) and the Office of the
Chief Technology Officer of the District of Co-
lumbia.’’.
(b) (c) OTHER AMENDMENTS.—Section 125(c)(1) of
Public Law 100–238 (5 U.S.C. 8432 note) is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at the
end;
(2) in subparagraph (C), by striking ‘‘and’’ at
the end and inserting ‘‘or’’; and
(3) by adding at the end the following:
‘‘(D) an individual assigned from a Federal
agency to a private sector organization under
chapter 37 of title 5, United States Code; and’’.
Union Calendar No. 231
107TH CONGRESS
2D SESSION
H. R. 3925
[Report No. 107–379, Parts I and II]
A BILL
To establish an exchange program between the
Federal Government and the private sector in
order to promote the development of expertise in
information technology management, and for
other purposes.
APRIL 9, 2002
Reported from the Committee on the Judiciary with an
amendment
APRIL 9, 2002
The Committee on Ways and Means discharged; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed