For purposes of this chapter—
(1) the term “agency” means an Executive agency, but does not include the Government Accountability 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.
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2925; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
2004—Par. (1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Chapter effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.
(a)
(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, 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)
(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)
(d)
(e)
(f)
(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.
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2925.)
GS–11, referred to in subsec. (a), is contained in the General Schedule which is set out under section 5332 of this title.
Section 209(b) of the E-Government Act of 2002, referred to in subsec. (a), is section 209(b) of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents.
The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of Pub. L. 107–347, which was approved Dec. 17, 2002.
Pub. L. 111–84, div. A, title XI, §1110, Oct. 28, 2009, 123 Stat. 2493, provided that:
“(a)
“(1) the employee—
“(A) works in the field of information technology management;
“(B) is considered by the Secretary of Defense to be an exceptional employee;
“(C) is expected to assume increased information technology management responsibilities in the future; and
“(D) is compensated at not less than the GS–11 level (or the equivalent); and
“(2) the proposed assignment meets applicable requirements of section 209(b) of the E-Government Act of 2002 [Pub. L. 107–347] (44 U.S.C. 3501 note).
“(b)
“(1) shall require that employees of the Department of Defense, upon completion of the assignment, will serve in the civil service for a period equal to the length of the assignment; and
“(2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense.
An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States.
“(c)
“(d)
“(e)
“(1) may continue to receive pay and benefits from the private sector organization from which such employee is assigned;
“(2) is deemed to be an employee of the Department of Defense for the purposes of—
“(A) chapter 73 of title 5, United States Code;
“(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code;
“(C) sections 1343, 1344, and 1349(b) of title 31, United States Code;
“(D) the Federal Tort Claims Act [see Short Title note under section 2671 of Title 28, Judiciary and Judicial Procedure] 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 [26 U.S.C. 1043]; and
“(G) section 27 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 2101 et seq.]; and
“(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 such employee is assigned.
“(f)
“(g)
“(1) shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by section 3703(e)(2)(A) of title 5, United States Code); and
“(2) shall take into consideration the question of how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of employees in information technology management.
“(h)
“(i)
“(1) the respective organizations (as referred to in subsection (a)) to and from which any employee was assigned under this section;
“(2) the positions those employees held while they were so assigned;
“(3) a description of the tasks they performed while they were so assigned; and
“(4) a discussion of any actions that might be taken to improve the effectiveness of the program under this section, including any proposed changes in law.
“(j)
“(1) nothing in this subsection shall, in the case of any assignment commencing under such section 1109 on or before the date of the enactment of this Act [Oct. 28, 2009], affect—
“(A) the duration of such assignment or the authority to extend such assignment in accordance with subsection (d) of such section 1109, as last in effect; or
“(B) the terms or conditions of the agreement governing such assignment, including with respect to any service obligation under subsection (b) thereof; and
“(2) any employee whose assignment is allowed to continue by virtue of paragraph (1) shall be taken into account for purposes of—
“(A) the numerical limitation under subsection (h); and
“(B) the reporting requirement under subsection (i).”
Pub. L. 110–181, div. A, title XI, §1109, Jan. 28, 2008, 122 Stat. 358, which authorized the Secretary of Defense to arrange for the temporary assignment of a Department of Defense employee to a private sector organization under certain terms, conditions, and considerations, and for a limited period, and required the Secretary to submit to the Committees on Armed Services a report on the potential benefits of temporarily assigning information technology specialists from private sector organizations to the Department of Defense, was repealed, with certain exceptions, by Pub. L. 111–84, div. A, title XI, §1110(j), Oct. 28, 2009, 123 Stat. 2495, see above.
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(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)
(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)
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2926.)
The Federal Tort Claims Act, referred to in subsec. (d), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
Section 3(a)(2) of the Small Business Act, referred to in subsec. (e)(2)(A), is classified to section 632(a)(2) of Title 15, Commerce and Trade.
The date of the enactment of this chapter, referred to in subsec. (e)(2)(B), is the date of enactment of Pub. L. 107–347, which was approved Dec. 17, 2002.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
(a)
(b)
(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) chapter 21 of title 41;
(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)
(d)
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2928; amended Pub. L. 111–350, §5(a)(6), Jan. 4, 2011, 124 Stat. 3841.)
The Federal Tort Claims Act, referred to in subsec. (b)(2)(D), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.
The Ethics in Government Act of 1978, referred to in subsec. (b)(2)(E), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521 in the Appendix to this title and Tables.
Section 1043 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2)(F), is classified to section 1043 of Title 26, Internal Revenue Code.
2011—Subsec. (b)(2)(G). Pub. L. 111–350 substituted “chapter 21 of title 41” for “section 27 of the Office of Federal Procurement Policy Act”.
(a)
(b)
(c)
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2929.)
The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsec. (b), is an act of the District of Columbia and is not classified to the Code.
The District of Columbia Campaign Finance Reform and Conflict of Interest Act, referred to in subsec. (b), is Pub. L. 93–376, Aug. 14, 1974, 88 Stat. 447, as amended, which is not classified to the Code.
The Office of the Chief Technology Officer Establishment Act of 1998, referred to in subsec. (c), is an act of the District of Columbia and is not classified to the Code.
(a)
(b)
(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)
(1) shall be published in the Federal Register; and
(2) shall be made publicly available on the Internet.
(d)
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2929.)
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.
(Added Pub. L. 107–347, title II, §209(c)(1), Dec. 17, 2002, 116 Stat. 2930.)