FEDERAL INFORMATION TECHNOLOGY WORKFORCE44 USC 3501 note. DEVELOPMENT.

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 Officers 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 technology 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 116 STAT. 2924Information 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 information technology disciplines corresponding to the specific information technology and information resource management 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 subsection by Executive agencies, with due regard for differences in program requirements among agencies that may be appropriate 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 responsibilities.—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 116 STAT. 2925encourage employees to participate in occupational information technology training. (9) Authorization of appropriations.—There are authorized 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 Columbia. “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 position from the private sector organization that employs the individual, whichever is appropriate in the context in which such term is used. “§ 3702. General provisions “(a) Assignment Authority.—On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who— “(1) works in the field of information technology management; “(2) is considered an exceptional performer by the individual’s current employer; and “(3) is expected to assume increased information technology management responsibilities in the future. An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS–11 level 116 STAT. 2926or 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 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 116 STAT. 2927dependents 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 toted 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.116 STAT. 2928 “§ 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 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. 116 STAT. 2929 “§ 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). “§ 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; and116 STAT. 2930 “(2) shall be made publicly available on the Internet. “(d) Agency Cooperation.—On request of the Office, agencies shall furnish such information and reports as the Office may require in order to carry out this section. “§ 3707. Regulations “ The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.”. (2) 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 subsection). Such report shall include— (A) an evaluation of the effectiveness of the program established by such chapter; and (B) a recommendation as to whether such program should be continued (with or without modification) or allowed to lapse. (3) 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”. (d) Ethics Provisions.— (1) One-year restriction on certain communications.—Section 207(c)(2)(A) of title 18, United States Code, is amended— (A) by striking “or” at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting “; or”; and (C) by adding at the end the following: "(v) assigned from a private sector organization to an agency under chapter 37 of title 5.”. (2) 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),”. (3) 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.”. (4) 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 proposed information or source selection 116 STAT. 2931information during the three-year period after the end of the assignment of such employee.”. (e) Report on Existing Exchange Programs.— (1) Exchange program defined.—For purposes of this subsection, 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— (A) the assignment of employees of the Federal Government to non-Federal employers; (B) the assignment of employees of non-Federal employers to the Federal Government; or (C) both. (2) 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. (3) Specific information.—The report shall, for each such program, include— (A) a brief description of the program, including its size, eligibility requirements, and terms or conditions for participation; (B) specific citation to the law or other authority under which the program is established; (C) the names of persons to contact for more information, and how they may be reached; and (D) any other information which the Office considers appropriate. (f) Report on the Establishment of a Governmentwide Information Technology Training Program.— (1) 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: (A) The adequacy of any existing information technology training programs available to Federal employees on a Governmentwide basis. (B)(i) If one or more such programs already exist, recommendations as to how they might be improved. (ii) If no such program yet exists, recommendations as to how such a program might be designed and established. (C) With respect to any recommendations under subparagraph (B), how the program under chapter 37 of title 5, United States Code, might be used to help carry them out. (2) Cost estimate.—The report shall, for any recommended program (or improvements) under paragraph (1)(B), 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). (g) Technical and Conforming Amendments.—116 STAT. 2932 (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.”; (B) in section 4108, by striking subsection (d); and (C) 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.”. (2) 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.”. (3) 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”.