[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27487-27488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11069]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR PART 241

[Docket ID: DOD-2014-OS-0052; RIN 0790-AJ27]


Pilot Program for the Temporary Exchange of Information 
Technology Personnel

AGENCY: Department of Defense (DoD), Office of the DoD Chief 
Information Officer (DoD CIO).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This part assigns responsibilities and provides procedures for 
implementing a Pilot Program for the Temporary Exchange of Information 
Technology Personnel, known as the Information Technology Exchange 
Program pilot. This Pilot is envisioned to promote the interchange of 
DoD and private sector IT professionals to enhance skills and 
competencies. Given the changing workforce dynamics in the IT field, 
DoD needs to take advantage of these types of professional development 
programs to proactively position itself to keep pace with the changes 
in technology. The ITEP pilot will serve the public good by enhancing 
the DoD IT workforce skills to protect and defend our nation. The ITEP 
Pilot expired September 31, 2013. Congress has extended the expiration 
date to September 30, 2018, and the reporting requirements through 
2018. This final rule makes amendments to the current DoD ITEP 
regulation to update these dates.

DATES: This rule is effective May 14, 2014.

[[Page 27488]]


FOR FURTHER INFORMATION CONTACT: Gary Evans, 571-372-4493.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of This Regulatory Action

    a. The ITEP Pilot is envisioned to promote the interchange of DoD 
and private sector IT professionals to enhance skills and competencies. 
Given the changing workforce dynamics in the IT field, DoD needs to 
take advantage of these types of professional development programs to 
proactively position itself to keep pace with the changes in 
technology.
    b. This regulation implements section 1110 of the National Defense 
Authorization Act for Fiscal Year 2010 (Pub. L. 111-84), which 
authorizes DoD to implement a Pilot Program for the Temporary Exchange 
of Information Technology (IT) Personnel. This statute authorizes the 
temporary assignment of DoD IT employees to private sector 
organizations. This statute also gives DoD the authority to accept 
private sector IT employees assigned under the Pilot.

II. Summary of the Major Provisions of This Regulatory Action

    This Pilot Program (``Pilot'') is authorized by section 1110 of the 
NDAA for FY2010 (Pub. L. 111-84). Section 1110 authorizes DoD 
Components to assign exceptional IT employees to a private sector 
organization for purposes of training, development and sharing of best 
practices. It also gives DoD Components the authority to accept 
comparable IT employees on an assignment from the private sector for 
the training and development purposes and sharing of best practices and 
insight of government practices.

III. Costs and Benefits of This Regulatory Action

    The cost of employee's salary and benefits will be paid by the 
originating employer. It is anticipated that the benefit will outweigh 
the cost to manage this program and any additional cost would be 
related to travel or cost to attend training or conferences.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 241 does not:
    (1) Have an annual effect on the economy of $100 million or more, 
or may adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, environment, public health or 
safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 241 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 241 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 241 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 241 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 241

    Government employees, Information technology.

    Accordingly, 32 CFR part 241 is amended as follows:

PART 241--[AMENDED]

0
1. The authority citation for 32 CFR part 241 is amended to read:

    Authority: Pub. L. 111-84, sec. 1110, as amended.


0
2. In Sec.  241.6, revise paragraph (b) to read:


Sec.  241.6  Length of details.

    (a) * * *
    (b) This extension may be granted in 3-month increments not to 
exceed 1 year. No assignment may commence after September 30, 2018.

0
3. In Sec.  241.12, revise paragraph (a) to read:


Sec.  241.12  Reporting requirements.

    (a) For each of fiscal years 2010 through 2018, the Secretary of 
Defense shall submit annual reports to the congressional defense 
committees, not later than 1 month after the end of the fiscal year 
involved, a report on any activities carried out during such fiscal 
year, including the following information:
    (1) Respective organizations to and from which an employee is 
assigned;
    (2) Positions those employees held while they were so assigned;
    (3) Description of the tasks they performed while they were so 
assigned; and
    (4) Discussion of any actions that might be taken to improve the 
effectiveness of the Pilot program, including any proposed changes in 
the law.
* * * * *

    Dated: May 9, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-11069 Filed 5-13-14; 8:45 am]
BILLING CODE 5001-06-P