To amend title 5, United States Codes, to establish an exchange program between the Federal Government and the private sector to develop expertise in information technology management, and for other purposes.

February 6, 2002

Mr. VOINOVICH introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

To amend title 5, United States Codes, to establish an exchange program between the Federal Government and the private sector to develop 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; FINDINGS.

(a) SHORT TITLE- This Act may be cited as the `Digital Tech Corps Act of 2002'.

(b) FINDINGS- Congress finds that--

(1) unless action is taken soon, there will be a crisis in 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 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 reports 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 Government agencies;

(6) failures in the Federal Government employment process are accelerating efforts by agencies to implement outsourcing as a short-term solution to skill gaps, further unbalancing efforts to reach the proper government versus contractor mix of management and skills; and

(7) 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 government agencies engaged in best practices.

SEC. 2. 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. 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;

`(2) the term `detail' means--

`(A) the assignment or loan of an employee to a private sector organization without a change of position from the agency by which the individual is employed; and

`(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; and

`(3) the term `transfer' means the change of position by an employee from an agency to a private sector organization or from a private sector organization to an agency.

`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 eligible employee of the agency to a private sector organization or an eligible employee of a private sector organization to the agency. An eligible employee is an individual employed at the GS-12 level or above (or equivalent) 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 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 establish a plan for implementing this authority. The plan 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 may be assigned to a private sector organization under this chapter either--

`(1) as a detail to a regular work assignment; or

`(2) as a transfer to the private sector organization.

`(b) Notwithstanding any other provision of law, an employee assigned under subsection (a) is entitled--

`(1) to receive supplemental pay from the agency in the amount equal to the difference between the rate paid by the organization to which detailed or transferred and the rate of basic pay (including locality pay, where applicable, subject to regulations of the Office of Personnel Management) payable for the employee's Federal position, if the latter is greater;

`(2) in the case of an employee who is detailed under subsection (a)(1), to credit for the period of assignment under this chapter toward periodic step increases, retention, and leave accrual;

`(3) to retain coverage, rights, and benefits under chapters 87 and 89, if necessary employee deductions and agency contributions for the period of the assignment are currently deposited in the Employees' Life Insurance Fund and the Employees Health Benefits Fund, respectively, and the period of the assignment is deemed service as an employee under chapters 87 and 89;

`(4) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of assignment are currently deposited in the system's fund; and the period of the assignment is deemed creditable under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for Federal employees if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the private sector organization; and

`(5) to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, but 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, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81.

During the employee's assignment to the private sector organization, the agency from which the employee is detailed or transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee.

`(c) The detail of an employee of an agency under subsection (a)(1) 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 that apply with respect to an employee of a Federal agency or a State or local government under section 3375, and for the pay, or supplemental pay, or any 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) An employee assigned on detail under subsection (a)(1) remains an employee of the agency from which detailed. The Federal Tort Claims Act and any other Federal tort liability statute apply to the employee. The supervision of the duties of an employee on detail may be governed by an agreement between the agency and the organization to which detailed.

`(e)(1) Notwithstanding any other provision of law, an employee detailed under subsection (a)(1) is entitled to accrue annual and sick leave to the same extent as if the employee had continued working in the position from which detailed.

`(2) An employee who transfers to a private sector organization under subsection (a)(2) may elect to retain credit for all accumulated and currently accrued annual leave to which entitled at the time of transfer which otherwise would be liquidated by a lump-sum payment. At the employee's request at any time before returning to the agency, the employee shall be paid for the annual leave retained. Upon completion of the assignment under this chapter, the agency shall restore the employee's sick leave account to its status at the time of transfer.

`Sec. 3704. Assignment of employees from private sector organizations

`(a) Notwithstanding any other provision of law, an employee of a private sector organization who is assigned to an agency under section 3702(a) may be--

`(1) transferred to the agency and appointed without regard to the provisions of this title governing appointment in the competitive service for the period of assignment; or

`(2) detailed to the agency.

`(b) An individual appointed under subsection (a)(1) is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 or other applicable law, and is deemed an employee of the agency for all purposes except--

`(1) subchapter III of chapter 83, chapter 84, or other applicable retirement system;

`(2) chapter 87; and

`(3) chapter 89 or other applicable health benefits system unless the appointment results in the employee's loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by the private sector organization.

The exceptions set forth in paragraphs (1) through (3) shall not apply to non-Federal employees who are covered by chapters 83, 84, 87, and 89 by virtue of their non-Federal employment immediately before appointment under subsection (a)(1).

`(c) An employee of a private sector organization who is detailed to an agency under subsection (a)(2)--

`(1) is not entitled to pay from the agency, except to the extent that the pay for the position to which detailed (including locality pay, where applicable) exceeds the pay the individual was receiving from the private sector organization immediately before the detail;

`(2) may continue to receive pay and benefits from the private sector organization from which he is detailed;

`(3) is deemed 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 (5 U.S.C. App.);

`(F) section 1043 of the Internal Revenue Code of 1986, as amended (26 U.S.C. 1043); and

`(G) section 27(p)(8) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(p)(8)); and

`(4) is subject to such regulations as the President may prescribe.

The supervision of an employee who is detailed under subsection (a)(2) may be governed by agreement between the agency and the private sector organization concerned. A detail under subsection (a)(2) 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.

`(d) If a private sector organization fails to continue the employer's contribution to private sector retirement, life insurance, and health benefit plans for an individual who is appointed in an agency under this section, the employer's contributions covering the period of the assignment may be made from the appropriations of the agency concerned.

`(e) A private sector employee who is given an assignment in an agency under subsection (a) and 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, 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.'.

(b) 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.'.

SEC. 3. ALLOWABILITY OF COSTS.

Within 120 days after the enactment of this Act, the Federal Acquisition Regulations Council shall amend the Federal Acquisition Regulation to recognize the costs associated with an employee's participation in the program authorized by section 2 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 section 2, 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 section 2 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.

SEC. 4. CONFORMING AMENDMENTS.

(a) 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.'; and

(2) in section 4108 by striking subsection (d).

(b) 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'.

END