[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3843

To amend the Clinger-Cohen Act of 1996 to extend until January 1, 2008, 
a program applying simplified procedures to the acquisition of certain 
commercial items; 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 to authorize 
     telecommuting for Federal contractors, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2002

   Mr. Burton of Indiana (for himself and Mr. Tom Davis of Virginia) 
 introduced the following bill; which was referred to the Committee on 
                           Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend the Clinger-Cohen Act of 1996 to extend until January 1, 2008, 
a program applying simplified procedures to the acquisition of certain 
commercial items; 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 to authorize 
     telecommuting for Federal contractors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 (divisions 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 subsection:
    ``(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 provisions 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 management to its list of high-risk 
        problems for which an effective solution must be found;
            (5) despite efforts to increase flexibility in Federal 
        agencies' employment practices, compensation issues continue to 
        severely restrain recruitment for Federal agencies; and
            (6) an effective, efficient, and economical response to 
        this crisis would be to create a vibrant, ongoing exchange 
        effort designed to share talent, expertise, and advances in 
        management between leading-edge businesses and Federal agencies 
        engaged in best practices.
    (b) 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. Authority of the Office of Personnel Management.
``Sec. 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 position from the private sector organization 
                that employs the individual,
        whichever is appropriate in the context in which such term is 
        used.
``Sec. 3702. General provisions
    ``(a) 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.
    ``(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 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 (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.
``Sec. 3703. Assignment of employees to private sector organizations
    ``(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 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) 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) 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.
``Sec. 3704. Assignment of employees from private sector organizations
    ``(a) 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) 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, 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 Federal 
                Procurement Policy Act; and
            ``(3) 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) 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.
``Sec. 3705. Authority of the Office of Personnel Management
    ``The Director of the Office of Personnel Management 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 employee's participation in the program authorized by subsection (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 authorized 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 contracts; 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 regulations 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 Federal agency 
                to a private sector organization under chapter 37 of 
                title 5, United States Code; and''.

SEC. 4. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL 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 Regulation 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 telecommuting by employees of 
Federal contractors in the performance 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 contract 
        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 employees to telecommute, 
        unless the contracting officer first--
                    (A) determines that the needs of the agency, 
                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 General 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 ``executive agency'' has 
the meaning given that term in section 105 of title 5, United States 
Code.
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