§3702. General provisions
(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
Editorial Notes
References in Text
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
The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days after Dec. 17, 2002, see section 402(a) of
Pilot Program for the Temporary Assignment of Cyber and Information Technology Personnel to Private Sector Organizations
"(a)
"(1) the employee-
"(A) works in the field of cyber operations or information technology management;
"(B) is considered by the Secretary of Defense to be an exceptional employee;
"(C) is expected to assume increased cyber operations or 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 [
"(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) chapter 131 of title 5, United States Code;
"(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 to or 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 cyber operations or information technology management.
"(h)
"(i)
"(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 the numerical limitation under subsection (h)."