[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3925 Engrossed in House (EH)]


  2d Session

                               H. R. 3925

_______________________________________________________________________

                                 AN ACT

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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 3925

_______________________________________________________________________

                                 AN ACT


 
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.

    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 ``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 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.

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.
``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) 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 appointment 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 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 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 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.
``Sec. 3703. Assignment of employees to private sector organizations
    ``(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 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 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 assignments 
        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 specified by the Administrator of the Small 
                Business Administration 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 
                beginning 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 
                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, 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.
``Sec. 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; 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) Coordination With Chapter 81.--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.
    ``(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 organization to an employee 
assigned to an agency under this chapter for the period of the 
assignment.
``Sec. 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 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).
    ``(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).
``Sec. 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 
                responsibilities 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 
        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.
``Sec. 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 
operation 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 program 
        established by such chapter; and
            (2) a recommendation as to whether such program should be 
        continued (with or without modification) 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 Communications.--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) assigned from a private sector 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 organization who is or was assigned 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.--Whoever, being an 
employee of a private sector organization assigned 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 Procurement 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 
assigned 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 information or source selection information during the 
three-year period after the end of the assignment of such employee.''.

SEC. 5. REPORT ON EXISTING EXCHANGE PROGRAMS.

    (a) Exchange Program Defined.--For purposes of this section, the 
term ``exchange program'' means an executive 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 Personnel Management 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 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 conditions 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 information, 
        and how they may be reached; and
            (4) any other information which the Office considers 
        appropriate.

SEC. 6. REPORT ON THE ESTABLISHMENT OF A GOVERNMENTWIDE INFORMATION 
              TECHNOLOGY TRAINING PROGRAM.

    (a) In General.--Not later January 1, 2003, the Office of Personnel 
Management, in consultation with the Chief Information Officers Council 
and the Administrator of General Services, shall review and submit to 
the Committee on Government Reform of the House of Representatives and 
the Committee on Governmental Affairs of the Senate a written report on 
the following:
            (1) The adequacy of any existing information technology 
        training programs available to Federal employees on a 
        Governmentwide basis.
            (2)(A) If one or more such programs already exist, 
        recommendations as to how they might be improved.
            (B) If no such program yet exists, recommendations as to 
        how such a program might be designed and established.
            (3) With respect to any recommendations under paragraph 
        (2), how the program under chapter 37 of title 5, United States 
        Code, might be used to help carry them out.
    (b) Cost Estimate.--The report shall, for any recommended program 
(or improvements) under subsection (a)(2), include the estimated costs 
associated with the implementation and operation of such program as so 
established (or estimated difference in costs of any such program as so 
improved).

SEC. 7. 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 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.'';
            (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 benefits from such organization in 
accordance with such chapter.''.
    (b) Amendment to Title 18, United States Code.--Section 209 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(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 accordance 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 Columbia.''.
    (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''.

            Passed the House of Representatives April 10, 2002.

            Attest:

                                                                 Clerk.