H. R. 2458—18
(2) enhance public participation in Government by elec-
tronic means, consistent with requirements under subchapter
II of chapter 5 of title 5, United States Code, (commonly referred
to as the ‘‘Administrative Procedures Act’’).
(b) INFORMATION PROVIDED
BY AGENCIES ONLINE.—To the
extent practicable as determined by the agency in consultation
with the Director, each agency (as defined under section 551 of
title 5, United States Code) shall ensure that a publicly accessible
Federal Government website includes all information about that
agency required to be published in the Federal Register under
paragraphs (1) and (2) of section 552(a) of title 5, United States
Code.
(c) SUBMISSIONS BY ELECTRONIC MEANS.—To the extent prac-
ticable, agencies shall accept submissions under section 553(c) of
title 5, United States Code, by electronic means.
(d) ELECTRONIC DOCKETING.—
(1) IN GENERAL.—To the extent practicable, as determined
by the agency in consultation with the Director, agencies shall
ensure that a publicly accessible Federal Government website
contains electronic dockets for rulemakings under section 553
of title 5, United States Code.
(2) INFORMATION
AVAILABLE.—Agency electronic dockets
shall make publicly available online to the extent practicable,
as determined by the agency in consultation with the Director—
(A) all submissions under section 553(c) of title 5,
United States Code; and
(B) other materials that by agency rule or practice
are included in the rulemaking docket under section 553(c)
of title 5, United States Code, whether or not submitted
electronically.
(e) TIME LIMITATION.—Agencies shall implement the require-
ments of this section consistent with a timetable established by
the Director and reported to Congress in the first annual report
under section 3606 of title 44 (as added by this Act).
SEC. 
207. 
ACCESSIBILITY, 
USABILITY, 
AND 
PRESERVATION 
OF
GOVERNMENT INFORMATION.
(a) PURPOSE.—The purpose of this section is to improve the
methods by which Government information, including information
on the Internet, is organized, preserved, and made accessible to
the public.
(b) DEFINITIONS.—In this section, the term—
(1) ‘‘Committee’’ means the Interagency Committee on
Government Information established under subsection (c); and
(2) ‘‘directory’’ means a taxonomy of subjects linked to
websites that—
(A) organizes Government information on the Internet
according to subject matter; and
(B) may be created with the participation of human
editors.
(c) INTERAGENCY COMMITTEE.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this title, the Director shall establish
the Interagency Committee on Government Information.
(2) MEMBERSHIP.—The Committee shall be chaired by the
Director or the designee of the Director and—
(A) shall include representatives from—
H. R. 2458—19
(i) the National Archives and Records Administra-
tion;
(ii) the offices of the Chief Information Officers
from Federal agencies; and
(iii) other relevant officers from the executive
branch; and
(B) may include representatives from the Federal legis-
lative and judicial branches.
(3) FUNCTIONS.—The Committee shall—
(A) engage in public consultation to the maximum
extent feasible, including consultation with interested
communities such as public advocacy organizations;
(B) conduct studies and submit recommendations, as
provided under this section, to the Director and Congress;
and
(C) share effective practices for access to, dissemination
of, and retention of Federal information.
(4) TERMINATION.—The Committee may be terminated on
a date determined by the Director, except the Committee may
not terminate before the Committee submits all recommenda-
tions required under this section.
(d) CATEGORIZING OF INFORMATION.—
(1) COMMITTEE FUNCTIONS.—Not later than 2 years after
the date of enactment of this Act, the Committee shall submit
recommendations to the Director on—
(A) the adoption of standards, which are open to the
maximum extent feasible, to enable the organization and
categorization of Government information—
(i) in a way that is searchable electronically,
including by searchable identifiers; and
(ii) in ways that are interoperable across agencies;
(B) the definition of categories of Government informa-
tion which should be classified under the standards; and
(C) determining priorities and developing schedules
for the initial implementation of the standards by agencies.
(2) FUNCTIONS OF THE DIRECTOR.—Not later than 1 year
after the submission of recommendations under paragraph (1),
the Director shall issue policies—
(A) requiring that agencies use standards, which are
open to the maximum extent feasible, to enable the
organization 
and 
categorization 
of 
Government
information—
(i) in a way that is searchable electronically,
including by searchable identifiers;
(ii) in ways that are interoperable across agencies;
and
(iii) that are, as appropriate, consistent with the
provisions under section 3602(f)(8) of title 44, United
States Code;
(B) defining categories of Government information
which shall be required to be classified under the stand-
ards; and
(C) determining priorities and developing schedules
for the initial implementation of the standards by agencies.
(3) MODIFICATION OF POLICIES.—After the submission of
agency reports under paragraph (4), the Director shall modify
H. R. 2458—20
the policies, as needed, in consultation with the Committee
and interested parties.
(4) AGENCY FUNCTIONS.—Each agency shall report annually
to the Director, in the report established under section 202(g),
on compliance of that agency with the policies issued under
paragraph (2)(A).
(e) PUBLIC ACCESS TO ELECTRONIC INFORMATION.—
(1) COMMITTEE FUNCTIONS.—Not later than 2 years after
the date of enactment of this Act, the Committee shall submit
recommendations to the Director and the Archivist of the
United States on—
(A) the adoption by agencies of policies and procedures
to ensure that chapters 21, 25, 27, 29, and 31 of title
44, United States Code, are applied effectively and com-
prehensively to Government information on the Internet
and to other electronic records; and
(B) the imposition of timetables for the implementation
of the policies and procedures by agencies.
(2) FUNCTIONS OF THE ARCHIVIST.—Not later than 1 year
after the submission of recommendations by the Committee
under paragraph (1), the Archivist of the United States shall
issue policies—
(A) requiring the adoption by agencies of policies and
procedures to ensure that chapters 21, 25, 27, 29, and
31 of title 44, United States Code, are applied effectively
and comprehensively to Government information on the
Internet and to other electronic records; and
(B) imposing timetables for the implementation of the
policies, procedures, and technologies by agencies.
(3) MODIFICATION OF POLICIES.—After the submission of
agency reports under paragraph (4), the Archivist of the United
States shall modify the policies, as needed, in consultation
with the Committee and interested parties.
(4) AGENCY FUNCTIONS.—Each agency shall report annually
to the Director, in the report established under section 202(g),
on compliance of that agency with the policies issued under
paragraph (2)(A).
(f) AGENCY WEBSITES.—
(1) STANDARDS FOR AGENCY WEBSITES.—Not later than 2
years after the effective date of this title, the Director shall
promulgate guidance for agency websites that includes—
(A) requirements that websites include direct links
to—
(i) descriptions of the mission and statutory
authority of the agency;
(ii) information made available to the public under
subsections (a)(1) and (b) of section 552 of title 5,
United States Code (commonly referred to as the
‘‘Freedom of Information Act’’);
(iii) information about the organizational structure
of the agency; and
(iv) the strategic plan of the agency developed
under section 306 of title 5, United States Code; and
(B) minimum agency goals to assist public users to
navigate agency websites, including—
(i) speed of retrieval of search results;
(ii) the relevance of the results;
H. R. 2458—21
(iii) tools to aggregate and disaggregate data; and
(iv) security protocols to protect information.
(2) AGENCY REQUIREMENTS.—(A) Not later than 2 years
after the date of enactment of this Act, each agency shall—
(i) consult with the Committee and solicit public com-
ment;
(ii) establish a process for determining which Govern-
ment information the agency intends to make available
and accessible to the public on the Internet and by other
means;
(iii) develop priorities and schedules for making
Government information available and accessible;
(iv) make such final determinations, priorities, and
schedules available for public comment;
(v) post such final determinations, priorities, and
schedules on the Internet; and
(vi) submit such final determinations, priorities, and
schedules to the Director, in the report established under
section 202(g).
(B) Each agency shall update determinations, priorities,
and schedules of the agency, as needed, after consulting with
the Committee and soliciting public comment, if appropriate.
(3) PUBLIC DOMAIN DIRECTORY OF PUBLIC FEDERAL GOVERN-
MENT WEBSITES.—
(A) ESTABLISHMENT.—Not later than 2 years after the
effective date of this title, the Director and each agency
shall—
(i) develop and establish a public domain directory
of public Federal Government websites; and
(ii) post the directory on the Internet with a link
to the integrated Internet-based system established
under section 204.
(B) DEVELOPMENT.—With the assistance of each
agency, the Director shall—
(i) direct the development of the directory through
a collaborative effort, including input from—
(I) agency librarians;
(II) information technology managers;
(III) program managers;
(IV) records managers;
(V) Federal depository librarians; and
(VI) other interested parties; and
(ii) develop a public domain taxonomy of subjects
used to review and categorize public Federal Govern-
ment websites.
(C) UPDATE.—With the assistance of each agency, the
Administrator of the Office of Electronic Government
shall—
(i) update the directory as necessary, but not less
than every 6 months; and
(ii) solicit interested persons for improvements to
the directory.
(g) ACCESS TO FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT.—
(1) DEVELOPMENT AND MAINTENANCE OF GOVERNMENTWIDE
REPOSITORY AND WEBSITE.—
H. R. 2458—22
(A) REPOSITORY
AND
WEBSITE.—The Director of the
Office of Management and Budget (or the Director’s dele-
gate), in consultation with the Director of the Office of
Science and Technology Policy and other relevant agencies,
shall ensure the development and maintenance of—
(i) a repository that fully integrates, to the max-
imum extent feasible, information about research and
development funded by the Federal Government, and
the repository shall—
(I) include information about research and
development funded by the Federal Government,
consistent with any relevant protections for the
information under section 552 of title 5, United
States Code, and performed by—
(aa) institutions not a part of the Federal
Government, including State, local, and for-
eign governments; industrial firms; edu-
cational institutions; not-for-profit organiza-
tions; federally funded research and develop-
ment centers; and private individuals; and
(bb) entities of the Federal Government,
including research and development labora-
tories, centers, and offices; and
(II) integrate information about each separate
research 
and 
development 
task 
or 
award,
including—
(aa) the dates upon which the task or
award is expected to start and end;
(bb) a brief summary describing the objec-
tive and the scientific and technical focus of
the task or award;
(cc) the entity or institution performing
the task or award and its contact information;
(dd) the total amount of Federal funds
expected to be provided to the task or award
over its lifetime and the amount of funds
expected to be provided in each fiscal year
in which the work of the task or award is
ongoing;
(ee) any restrictions attached to the task
or award that would prevent the sharing with
the general public of any or all of the informa-
tion required by this subsection, and the rea-
sons for such restrictions; and
(ff) such other information as may be
determined to be appropriate; and
(ii) 1 or more websites upon which all or part
of the repository of Federal research and development
shall be made available to and searchable by Federal
agencies and non-Federal entities, including the gen-
eral public, to facilitate—
(I) the coordination of Federal research and
development activities;
(II) collaboration among those conducting Fed-
eral research and development;
H. R. 2458—23
(III) the transfer of technology among Federal
agencies and between Federal agencies and non-
Federal entities; and
(IV) access by policymakers and the public
to information concerning Federal research and
development activities.
(B) OVERSIGHT.—The Director of the Office of Manage-
ment and Budget shall issue any guidance determined
necessary to ensure that agencies provide all information
requested under this subsection.
(2) AGENCY FUNCTIONS.—Any agency that funds Federal
research and development under this subsection shall provide
the information required to populate the repository in the
manner prescribed by the Director of the Office of Management
and Budget.
(3) COMMITTEE FUNCTIONS.—Not later than 18 months after
the date of enactment of this Act, working with the Director
of the Office of Science and Technology Policy, and after con-
sultation with interested parties, the Committee shall submit
recommendations to the Director on—
(A) policies to improve agency reporting of information
for the repository established under this subsection; and
(B) policies to improve dissemination of the results
of research performed by Federal agencies and federally
funded research and development centers.
(4) FUNCTIONS OF THE DIRECTOR.—After submission of rec-
ommendations by the Committee under paragraph (3), the
Director shall report on the recommendations of the Committee
and Director to Congress, in the E-Government report under
section 3606 of title 44 (as added by this Act).
(5) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for the development, maintenance, and
operation of the Governmentwide repository and website under
this subsection—
(A) $2,000,000 in each of the fiscal years 2003 through
2005; and
(B) such sums as are necessary in each of the fiscal
years 2006 and 2007.
SEC. 208. PRIVACY PROVISIONS.
(a) PURPOSE.—The purpose of this section is to ensure sufficient
protections for the privacy of personal information as agencies
implement citizen-centered electronic Government.
(b) PRIVACY IMPACT ASSESSMENTS.—
(1) RESPONSIBILITIES OF AGENCIES.—
(A) IN
GENERAL.—An agency shall take actions
described under subparagraph (B) before—
(i) developing or procuring information technology
that collects, maintains, or disseminates information
that is in an identifiable form; or
(ii) initiating a new collection of information that—
(I) will be collected, maintained, or dissemi-
nated using information technology; and
(II) includes any information in an identifiable
form permitting the physical or online contacting
of a specific individual, if identical questions have
been posed to, or identical reporting requirements
H. R. 2458—24
imposed on, 10 or more persons, other than agen-
cies, instrumentalities, or employees of the Federal
Government.
(B) AGENCY ACTIVITIES.—To the extent required under
subparagraph (A), each agency shall—
(i) conduct a privacy impact assessment;
(ii) ensure the review of the privacy impact assess-
ment by the Chief Information Officer, or equivalent
official, as determined by the head of the agency; and
(iii) if practicable, after completion of the review
under clause (ii), make the privacy impact assessment
publicly available through the website of the agency,
publication in the Federal Register, or other means.
(C) SENSITIVE
INFORMATION.—Subparagraph (B)(iii)
may be modified or waived for security reasons, or to
protect classified, sensitive, or private information con-
tained in an assessment.
(D) COPY
TO
DIRECTOR.—Agencies shall provide the
Director with a copy of the privacy impact assessment
for each system for which funding is requested.
(2) CONTENTS OF A PRIVACY IMPACT ASSESSMENT.—
(A) IN GENERAL.—The Director shall issue guidance
to agencies specifying the required contents of a privacy
impact assessment.
(B) GUIDANCE.—The guidance shall—
(i) ensure that a privacy impact assessment is
commensurate with the size of the information system
being assessed, the sensitivity of information that is
in an identifiable form in that system, and the risk
of harm from unauthorized release of that information;
and
(ii) require that a privacy impact assessment
address—
(I) what information is to be collected;
(II) why the information is being collected;
(III) the intended use of the agency of the
information;
(IV) with whom the information will be shared;
(V) what notice or opportunities for consent
would be provided to individuals regarding what
information is collected and how that information
is shared;
(VI) how the information will be secured; and
(VII) whether a system of records is being
created under section 552a of title 5, United States
Code, (commonly referred to as the ‘‘Privacy Act’’).
(3) RESPONSIBILITIES
OF
THE
DIRECTOR.—The Director
shall—
(A) develop policies and guidelines for agencies on the
conduct of privacy impact assessments;
(B) oversee the implementation of the privacy impact
assessment process throughout the Government; and
(C) require agencies to conduct privacy impact assess-
ments of existing information systems or ongoing collections
of information that is in an identifiable form as the Director
determines appropriate.
(c) PRIVACY PROTECTIONS ON AGENCY WEBSITES.—
H. R. 2458—25
(1) PRIVACY POLICIES ON WEBSITES.—
(A) GUIDELINES
FOR
NOTICES.—The Director shall
develop guidance for privacy notices on agency websites
used by the public.
(B) CONTENTS.—The guidance shall require that a pri-
vacy notice address, consistent with section 552a of title
5, United States Code—
(i) what information is to be collected;
(ii) why the information is being collected;
(iii) the intended use of the agency of the informa-
tion;
(iv) with whom the information will be shared;
(v) what notice or opportunities for consent would
be provided to individuals regarding what information
is collected and how that information is shared;
(vi) how the information will be secured; and
(vii) the rights of the individual under section 552a
of title 5, United States Code (commonly referred to
as the ‘‘Privacy Act’’), and other laws relevant to the
protection of the privacy of an individual.
(2) PRIVACY
POLICIES
IN
MACHINE-READABLE
FORMATS.—
The Director shall issue guidance requiring agencies to trans-
late privacy policies into a standardized machine-readable for-
mat.
(d) DEFINITION.—In this section, the term ‘‘identifiable form’’
means any representation of information that permits the identity
of an individual to whom the information applies to be reasonably
inferred by either direct or indirect means.
SEC. 
209. 
FEDERAL 
INFORMATION 
TECHNOLOGY 
WORKFORCE
DEVELOPMENT.
(a) PURPOSE.—The purpose of this section is to improve the
skills of the Federal workforce in using information technology
to deliver Government information and services.
(b) WORKFORCE DEVELOPMENT.—
(1) IN GENERAL.—In consultation with the Director of the
Office of Management and Budget, the Chief Information Offi-
cers Council, and the Administrator of General Services, the
Director of the Office of Personnel Management shall—
(A) analyze, on an ongoing basis, the personnel needs
of the Federal Government related to information tech-
nology and information resource management;
(B) identify where current information technology and
information resource management training do not satisfy
the personnel needs described in subparagraph (A);
(C) oversee the development of curricula, training
methods, and training priorities that correspond to the
projected personnel needs of the Federal Government
related to information technology and information resource
management; and
(D) assess the training of Federal employees in
information technology disciplines in order to ensure that
the information resource management needs of the Federal
Government are addressed.
(2) INFORMATION TECHNOLOGY TRAINING PROGRAMS.—The
head of each Executive agency, after consultation with the
Director of the Office of Personnel Management, the Chief
H. R. 2458—26
Information Officers Council, and the Administrator of General
Services, shall establish and operate information technology
training programs consistent with the requirements of this
subsection. Such programs shall—
(A) have curricula covering a broad range of informa-
tion technology disciplines corresponding to the specific
information technology and information resource manage-
ment needs of the agency involved;
(B) be developed and applied according to rigorous
standards; and
(C) be designed to maximize efficiency, through the
use of self-paced courses, online courses, on-the-job
training, and the use of remote instructors, wherever such
features can be applied without reducing the effectiveness
of the training or negatively impacting academic standards.
(3) GOVERNMENTWIDE
POLICIES
AND
EVALUATION.—The
Director of the Office of Personnel Management, in coordination
with the Director of the Office of Management and Budget,
shall issue policies to promote the development of performance
standards for training and uniform implementation of this sub-
section by Executive agencies, with due regard for differences
in program requirements among agencies that may be appro-
priate and warranted in view of the agency mission. The
Director of the Office of Personnel Management shall evaluate
the implementation of the provisions of this subsection by
Executive agencies.
(4) CHIEF INFORMATION OFFICER AUTHORITIES AND RESPON-
SIBILITIES.—Subject to the authority, direction, and control of
the head of an Executive agency, the chief information officer
of such agency shall carry out all powers, functions, and duties
of the head of the agency with respect to implementation of
this subsection. The chief information officer shall ensure that
the policies of the agency head established in accordance with
this subsection are implemented throughout the agency.
(5) INFORMATION TECHNOLOGY TRAINING REPORTING.—The
Director of the Office of Management and Budget shall ensure
that the heads of Executive agencies collect and maintain
standardized information on the information technology and
information resources management workforce related to the
implementation of this subsection.
(6) AUTHORITY
TO
DETAIL
EMPLOYEES
TO
NON-FEDERAL
EMPLOYERS.—In carrying out the preceding provisions of this
subsection, the Director of the Office of Personnel Management
may provide for a program under which a Federal employee
may be detailed to a non-Federal employer. The Director of
the Office of Personnel Management shall prescribe regulations
for such program, including the conditions for service and duties
as the Director considers necessary.
(7) COORDINATION PROVISION.—An assignment described in
section 3703 of title 5, United States Code, may not be made
unless a program under paragraph (6) is established, and the
assignment is made in accordance with the requirements of
such program.
(8) EMPLOYEE
PARTICIPATION.—Subject to information
resource management needs and the limitations imposed by
resource needs in other occupational areas, and consistent with
their overall workforce development strategies, agencies shall
H. R. 2458—27
encourage employees to participate in occupational information
technology training.
(9) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Office of Personnel Management
for the implementation of this subsection, $15,000,000 in fiscal
year 2003, and such sums as are necessary for each fiscal
year thereafter.
(10) EXECUTIVE
AGENCY
DEFINED.—For purposes of this
subsection, the term ‘‘Executive agency’’ has the meaning given
the term ‘‘agency’’ under section 3701 of title 5, United States
Code (as added by subsection (c)).
(c) INFORMATION TECHNOLOGY EXCHANGE PROGRAM.—
(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. Application to Office of the Chief Technology Officer of the District of Colum-
bia.
‘‘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 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 posi-
tion 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 manage-
ment;
‘‘(2) is considered an exceptional performer by the individ-
ual’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
H. R. 2458—28
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.
‘‘§ 3703. Assignment of employees to private sector organiza-
tions
‘‘(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
H. R. 2458—29
dependents receive from the private sector organization any pay-
ment 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 compensa-
tion 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 assign-
ments 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 speci-
fied by the Administrator of the Small Business Adminis-
tration 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 begin-
ning 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 com-
mencing 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.
H. R. 2458—30
‘‘§ 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 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 contribu-
tion of the private sector organization to employee benefit systems.
‘‘(c) COORDINATION WITH CHAPTER 81.—An employee of a pri-
vate 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 pay-
ment 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 compensa-
tion 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 organiza-
tion to an employee assigned to an agency under this chapter
for the period of the assignment.
H. R. 2458—31
‘‘§ 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 regulation 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 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).
‘‘§ 3706. Reporting requirement
‘‘(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 respon-
sibilities 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 appro-
priate.
‘‘(c) PUBLICATION.—A copy of each report submitted under sub-
section (a)—
‘‘(1) shall be published in the Federal Register; and