Pilot Program for the Temporary Exchange of Information Technology Personnel, 77753-77756 [2010-31255]
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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations
(3) Each handler making shipments of
potatoes for canning, freezing, or ‘‘other
processing’’ pursuant to paragraph (d) of
this section shall:
(i) First apply to the committee for
and obtain a Special Purpose Certificate
to make shipments for processing;
(ii) Make shipments only to those
firms whose names appear on the
committee’s list of canners, freezers, or
other processors of potato products
maintained by the committee, or to
persons not on the list provided the
handler furnishes the committee, prior
to such shipment, evidence that the
receiver may reasonably be expected to
use the potatoes only for canning,
freezing, or other processing;
(iii) Upon request by the committee,
furnish reports, or cause reports to be
furnished, for each shipment pursuant
to the applicable Special Purpose
Certificate;
(iv) Mail to the office of the committee
a copy of the bill of lading for each
Special Purpose Certificate shipment
promptly after the date of shipment
unless other arrangements are made;
(v) Bill each shipment directly to the
applicable processor.
(4) Each receiver of potatoes for
processing pursuant to paragraph (d) of
this section shall:
(i) Complete and return an application
form for consideration of approval as a
canner, freezer, or other processor of
potato products;
(ii) Certify to the committee and to the
Secretary that potatoes received from
the production area for processing will
be used for such purpose and will not
be placed in fresh market channels;
(iii) Report on shipments received as
the committee may require and the
Secretary approve.
(5) Each handler desiring to make
shipments of potatoes for
experimentation shall:
(i) First apply to the committee for
and obtain a Special Purpose Certificate
to make shipments for experimentation;
(ii) Upon request by the committee,
furnish reports of each shipment
pursuant to the applicable Special
Purpose Certificate.
(6) Handlers diverting potatoes to
livestock feed are not required to apply
for a Special Purpose Certificate nor
report such shipments to the committee.
(7) Each handler desiring to make
shipments of potatoes for charity shall:
(i) First apply to the committee for,
and obtain, a Special Purpose Certificate
for the purpose of making shipments for
charity: Provided, That shipments for
charity of 1,000 pounds or less are
exempt from the application and
reporting requirements: And provided
further, That potatoes previously
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graded, assessed, and inspected in
preparation for shipment to the fresh
market are exempt from the application
and reporting requirements.
(ii) Each handler shipping potatoes to
charity must inform the recipient that
the potatoes cannot be resold or
otherwise placed in commercial market
channels.
(8) Each handler making shipments of
seed potatoes shall furnish, at the
request of the committee, reports on the
total volume of seed potatoes handled.
(f) Minimum quantity exemption.
Each handler may ship up to, but not to
exceed 5 hundredweight of potatoes per
day without regard to the inspection
and assessment requirements of this
part, but this exception shall not apply
to any shipment over 5 hundredweight
of potatoes.
(g) Inspection. (1) Except when
relieved by paragraphs (d) or (f) of this
section, no person may handle any
potatoes unless a Federal-State
Inspection Notesheet or certificate
covering them has been issued by an
authorized representative of the FederalState Inspection Service and the
document is valid at the time of
shipment.
(2) U.S. No. 1 grade or better potatoes
in the State of Washington which are
resorted or repacked within 72 hours of
being inspected and certified are exempt
from reinspection.
(h) Definitions. The terms U.S. No. 1,
U.S. No. 2, not seriously damaged by
dirt, fairly clean, slightly skinned, and
moderately skinned shall have the same
meaning as when used in the United
States Standards for Grades of Potatoes
(7 CFR 51.1540–51.1566), including the
tolerances set forth in it. The term
prepeeling means the commercial
preparation in the prepeeling plant of
clean, sound, fresh tubers by washing,
peeling or otherwise removing the outer
skin, trimming, sorting, and properly
treating to prevent discoloration
preparatory to sale in one or more of the
styles of peeled potatoes described in
§ 52.2422 United States Standards for
Grades of Peeled Potatoes (7 CFR
52.2421–52.2433). The term other
processing has the same meaning as the
term appearing in the Act and includes,
but is not restricted to, potatoes for
dehydration, chips, shoestrings, starch,
and flour. It includes the application of
heat or cold to such an extent that the
natural form or stability of the
commodity undergoes a substantial
change. The act of peeling, cooling,
slicing, dicing, or applying material to
prevent oxidation does not constitute
‘‘other processing.’’ Other terms used in
this section have the same meaning as
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77753
when used in the marketing agreement,
as amended, and this part.
Dated: December 7, 2010.
David R. Shipman,
Acting Administrator.
[FR Doc. 2010–31202 Filed 12–13–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2010–OS–0141; RIN 0790–
AI66]
32 CFR Part 241
Pilot Program for the Temporary
Exchange of Information Technology
Personnel
Department of Defense (DoD),
Assistant Secretary of Defense
(Networks and Information Integration)/
DoD Chief Information Officer
(ASD(NII)/DoD CIO).
ACTION: Interim final rule.
AGENCY:
The Department of Defense
(DoD) is issuing regulations to
implement provisions contained in
section 1110 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2010, October 28, 2009, which
authorizes DoD to establish a Pilot
Program for the Temporary Exchange of
Information Technology (IT) Personnel.
This statute authorizes the temporary
assignments of DoD IT employees to
private sector organizations. This statute
also gives DoD the authority to accept IT
employees for temporary assignments
from private sector organizations. This
Pilot is envisioned to promote the
interchange of DoD and private sector IT
professionals to enhance skills and
competencies. The prompt
implementation of an interim final rule
is crucial in assisting DoD to pilot a
program to enhance its position and
expertise in the IT field, particularly in
cybersecurity.
The Administration has expressed
considerable interest in the IT area, and
stressed its importance in a recent
Cyberspace Review Report. 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 immediate implementation of an
Interim Final Rule is viable to enhance
IT professional skills, particularly in the
area of cybersecurity. Several
Components including Defense
Information Systems Agency, Defense
SUMMARY:
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Advanced Research Projects Agency,
Office of Naval Research, Office of the
DoD’s Chief Information Officer, and
Department Air Force, and Department
of the Army are ready to participate.
The program is not controversial and
delayed implementation would deny an
important benefit to the Department and
the public. The ITEP would serve the
public good by enhancing the DoD IT
workforce skills to protect and defend
our nation.
DATES: Effective December 14, 2010.
Comments must be received by
February 14, 2011.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
OSD Mailroom 3C843, Washington, DC
20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Tina-Marie Buckman at (703) 699–0105
or by e-mail at tinamarie.buckman@osd.mil.
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
an exceptional IT employee 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. DoD is
proposing the addition of a new Part
241, to title 32 of the Code of Federal
Regulations (CFR), entitled ‘‘Pilot
Program for the Temporary Exchange of
Information Technology Personnel,’’ to
implement the Pilot authorized by
Section 1110. This Pilot will be referred
to as the Information Technology
Exchange Program (ITEP). The Assistant
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SUPPLEMENTARY INFORMATION:
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Secretary of Defense (Networks &
Information Integration)/Department of
Defense Chief Information Officer
(ASD(NII)/DoD CIO) is responsible for
administration of ITEP Pilot. Heads of
DoD Components have responsibility for
implementation of the Pilot. As required
by NDAA FY2010, an annual reporting
requirement on activities carried out for
this information technology exchange
program is required to be submitted to
the defense congressional committees.
a. Executive Order 12866, ‘‘Regulatory
Planning and Review’’
Under Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (Oct. 4, 1993), a ‘‘significant
regulatory action’’ is subject to Office of
Management and Budget (OMB) review
and the requirements of Executive Order
12866. Section 3(f) of the Executive
Order defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(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, the
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 the Executive Order.
This rule is substantive, nonsignificant regulatory action under
section 3(f) of Executive Order 12866.
OMB has reviewed this rule.
b. 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.
c. 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.
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d. 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.
e. 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
added to read as follows:
PART 241—PILOT PROGRAM FOR
TEMPORARY EXCHANGE OF
INFORMATION TECHNOLOGY
PERSONNEL
Sec.
241.1
241.2
241.3
241.4
241.5
241.6
241.7
241.8
241.9
241.10
241.11
241.12
241.13
Purpose.
Definitions.
Assignment authority.
Eligibility.
Written agreements.
Length of assignments.
Termination.
Terms and conditions.
Costs and reimbursements.
Small business consideration.
Numerical limitation.
Reporting requirements.
Implementation.
Authority: Pub. L. 111–84, section 1110,
October 28, 2009.
§ 241.1
Purpose.
(a) The purpose of this part is to
implement 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 IT employees between
DoD and private sector organizations.
This statute also gives DoD the authority
to accept private sector IT employees
assigned under the Pilot. This Pilot is
referred to as the Information
Technology Exchange Program (ITEP).
(b) Heads of DoD Components may
approve assignments as a mechanism
for improving the DoD workforce’s
competency in using IT to deliver
government information and services.
Heads of DoD Components may not
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make assignments under this part to
circumvent personnel ceilings, or as a
substitute for other more appropriate
personnel decisions or actions.
Approved assignments must meet the
strategic program goals of the DoD
Components. The benefits to the DoD
Components and the private sector
organizations are the primary
considerations in initiating assignments;
not the desires or personal needs of an
individual employee.
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§ 241.2
Definitions.
In this part:
Assignment means the detail of a DoD
employee to a private sector
organization without a change of
position; or the assignment of a private
sector employee to a DoD Component
without a change of position.
DoD employee means a Federal
civilian employee of the DoD.
Exceptional employee for the
purposes of this pilot means an
employee who demonstrates unusually
good performance which is consistently
better than expected at the fully
successful level or above. Performance
meets or exceeds all standards
established at the fully successful level
or above and makes significant
contributions towards achieving the
organizational goals.
Information technology (IT) as
defined in section 11101 of title 40,
U.S.C. includes computers, ancillary
equipment (including imaging
peripherals, input, output, and storage
devices necessary for security and
surveillance), peripheral equipment
designed to be controlled by the central
processing unit of a computer, software,
firmware and similar procedures,
services (including support services),
and related resources.
Information Technology Management
(ITM) means the planning, organizing,
staffing, directing, integrating, or
controlling of information technology,
including occupational specialty areas
such as systems administration, IT
project management, network services,
operating systems, software application,
cybersecurity, enterprise architecture,
policy and planning, internet/web
services, customer support, data
management and systems analysis.
Private sector organization means
nonpublic or commercial individuals
and businesses, nonprofit organizations,
academia, scholastic institutions, and
nongovernmental organizations.
Small business concern means a
business concern that satisfies the
definitions and standards by the
Administrator of the Small Business
Administration (SBA) as defined by
section 3703 (e)(2)(A) of title 5, U.S.C.
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§ 241.3
Assignment authority.
The Secretary of Defense may with
the agreement, of the private sector
organization concerned, arrange for the
temporary assignment of an employee to
such a private sector organization or
from such a private sector organization
to a DoD Component.
§ 241.4
Eligibility.
(a) To be eligible for an ITEP
assignment, a DoD or private sector
employee must:
(1) Work in the field of information
technology management;
(2) Be considered an exceptional
employee;
(3) Be expected to assume increased
information technology management
responsibilities in the future; and
(4) Must be compensated at the GS–
11 level or above (or the equivalent).
(b) In addition to meeting the
requirements of paragraph (a) of this
section, the DoD employee must be
serving under a career or careerconditional appointment or an
appointment of equivalent tenure in the
excepted service.
(c) The private sector employee must
meet citizenship requirements for
Federal employment in accordance with
5 CFR 7.3 and 338.101, as well as any
other statutory requirements. When a
position requires a security clearance,
the person must possess, or be able to
obtain an appropriate security
clearance.
(d) Proposed assignment meets
applicable requirements of section
209(b) of the E–Government Act of
2002.
§ 241.5
Written agreements.
(a) Before an assignment begins, the
head of the DoD Component, private
sector organization and the employee to
be assigned to ITEP must sign a threeparty agreement. Prior to the agreement
being signed the relevant legal office for
the DoD Component shall review and
approve the agreement. The agreement
must include, but is not limited to the
following elements:
(1) The duties to be performed and
length of assignment;
(2) An individual development plan
describing the core IT competencies and
technical skills that the detailee will be
expected to enhance or acquire;
(3) Identification of the supervisor of
detailee.
(b) The agreement shall require DoD
employees, upon completion of the
assignment serve in the civil service for
a period equal to the length of the
assignment; and
(c) Provide that if the employee of the
DoD or of the private sector organization
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(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.
§ 241.6
Length of assignments.
(a) An assignment shall be for a
period of not less than 3 months and not
more than 1 year, and may be extended
in 3-month increments for a total of not
more than 1 additional year by heads of
DoD Components and private sector
organizations.
(b) No assignment may commence
after September 30, 2013, unless an
individual began an assignment by
September 30, 2013. This extension may
be granted in 3-month increments not to
exceed 1 year.
§ 241.7
Termination.
An assignment may, at any time and
for any reason be terminated by the DoD
or the private sector organization
concerned.
§ 241.8
Terms and conditions.
(a) A DoD employee assigned under
this part:
(1) Remains a Federal employee
without loss of employee rights and
benefits attached to that status. These
include, but are not limited to:
(i) Consideration for promotion;
(ii) Leave accrual;
(iii) Continuation of retirement
benefits and health, life, and long-term
care insurance benefits; and
(iv) Pay increases the employee
otherwise would have received if he or
she had not been assigned;
(2) Remains covered for purposes of
the Federal Tort Claims Act, and for
purposes of injury compensation as
described in 5 U.S.C. chapter 81; and
(3) Is subject to any action that may
impact the employee’s position while he
or she is assigned.
(b) An employee of a private sector
organization:
(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
DoD for the purposes of:
(i) Chapter 73 of title 5, United States
Code (Suitability, Security, and
Conduct);
(ii) Sections 201 (Bribery of Public
Officials and Witnesses), 203
(Compensation to Members of Congress,
Officers and Employees Against and
Other Matters Affecting the
Government) 205, (Activities of Officers
and Employees in Claims Against Other
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Matters Affecting the Government), 207
(Restrictions on Former Officers,
Employees, and Elected Officials of the
Executive and Legislative Branches),
208 (Acts Affecting a Personal Financial
Interest), 209 (Salary of Government
Officials and Employees Payable only
by the United States), 603 (Making
Political Contributions), 606
(Intimidation to Secure Political
Contributions), 607, (Place of
Solicitation), 643 (Accounting Generally
for Public Money), 654 (Officer or
Employee of the United States
Converting Property of Another, 1905
(Disclosure of Confidential Information
Generally), and 1913 (Lobbying with
Appropriated Moneys) of title 18,
United States Code;
(iii) Sections 1343, 1344, and 1349 (b)
of title 31, United States Code;
(iv) The Federal Tort Claims Act and
any other Federal tort liability statute;
(v) The Ethics in Government Act of
1978;
(vi) Section 1043 of the Internal
Revenue Code of 1986; and
(vii) Section 27 of the Office of
Federal Procurement Policy Act; 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 he or she is assigned;
(4) Is subject to such regulations as
the President may prescribe; and
(5) Is covered by 5 U.S.C. chapter 81,
Compensation for Work Injuries.
(6) Does not have any right or
expectation for Federal employment
solely on the basis of his or her
assignment.
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§ 241.9
Costs and reimbursements.
(a) Payment of salary and allowances.
The lending organization (DoD or
private sector organization) has full
responsibility for payment of all salary
and allowances to their employee
participating in an ITEP assignment.
(b) Business training and travel
expenses. The engaging organization
may pay for any business training and
travel expenses incurred by the
employee while on an ITEP assignment.
(c) Prohibition. A private sector
organization may not charge the DoD or
any agency of the Federal Government,
as direct or indirect costs under a
Federal contract, for the costs of pay or
benefits paid by that organization to an
employee assigned to a DoD
Component.
§ 241.10
Small business consideration.
The ASD(NII)/DoD CIO on behalf of
the Secretary of Defense shall:
(a) Ensure that, of the assignments
made each year, at least 20 percent are
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small business concerns (as defined by
5 U.S.C. 3703(e)(2)(A)).
(b) Take into consideration the
questions of how assignments might be
used to help meet the needs of the DoD
with respect to the training of
employees in ITM.
DEPARTMENT OF HOMELAND
SECURITY
§ 241.11
RIN 1625–AA00
Numerical limitation.
The ITEP Pilot is an opportunity for
the exchange of knowledge, experience
and skills between DoD and the private
sector. The DoD has the flexibility to
send their employees to the private
sector or receive private sector
employees, or participate in a one-forone exchange. In no event may more
than 10 employees participate in
assignments under this section at any
given time.
§ 241.12
Reporting requirements.
(a) For each of fiscal years 2010
through 2015, 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.
(b) These reports will be prepared and
submitted by ASD(NII)/DoD CIO in
coordination with DoD Components
participating in the pilot, to the
appropriate congressional committees.
§ 241.13
Implementation.
The ASD(NII)/DoD CIO is responsible
for administering, coordinating and
implementing the Pilot Program for the
Temporary Exchange of Information
Personnel, referred to as the Information
Technology Exchange Program (ITEP).
The ASD(NII)/DoD CIO will coordinate
with DoD Components.
Dated: December 7, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–31255 Filed 12–13–10; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1011]
Safety Zone; San Diego Parade of
Lights Fireworks, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone upon the
navigable water of the San Diego Bay in
San Diego, CA in support of the two San
Diego Parade of Lights Fireworks
Displays on December 12 and December
19, 2010. This safety zone is necessary
to ensure the safety of vessels,
spectators, participants and others in
the vicinity of the fireworks displays.
Persons and vessels are prohibited from
entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 5:30
p.m. on December 12, 2010, to 8 p.m. on
December 19, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
1011 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1011 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Petty Officer Shane
Jackson, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7267, e-mail
Shane.E.Jackson@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
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]]>Agencies
[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Rules and Regulations]
[Pages 77753-77756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31255]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2010-OS-0141; RIN 0790-AI66]
32 CFR Part 241
Pilot Program for the Temporary Exchange of Information
Technology Personnel
AGENCY: Department of Defense (DoD), Assistant Secretary of Defense
(Networks and Information Integration)/DoD Chief Information Officer
(ASD(NII)/DoD CIO).
ACTION: Interim final rule.
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SUMMARY: The Department of Defense (DoD) is issuing regulations to
implement provisions contained in section 1110 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2010, October 28, 2009,
which authorizes DoD to establish a Pilot Program for the Temporary
Exchange of Information Technology (IT) Personnel. This statute
authorizes the temporary assignments of DoD IT employees to private
sector organizations. This statute also gives DoD the authority to
accept IT employees for temporary assignments from private sector
organizations. This Pilot is envisioned to promote the interchange of
DoD and private sector IT professionals to enhance skills and
competencies. The prompt implementation of an interim final rule is
crucial in assisting DoD to pilot a program to enhance its position and
expertise in the IT field, particularly in cybersecurity.
The Administration has expressed considerable interest in the IT
area, and stressed its importance in a recent Cyberspace Review Report.
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 immediate implementation of an Interim Final Rule is viable to
enhance IT professional skills, particularly in the area of
cybersecurity. Several Components including Defense Information Systems
Agency, Defense
[[Page 77754]]
Advanced Research Projects Agency, Office of Naval Research, Office of
the DoD's Chief Information Officer, and Department Air Force, and
Department of the Army are ready to participate. The program is not
controversial and delayed implementation would deny an important
benefit to the Department and the public. The ITEP would serve the
public good by enhancing the DoD IT workforce skills to protect and
defend our nation.
DATES: Effective December 14, 2010. Comments must be received by
February 14, 2011.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Tina-Marie Buckman at (703) 699-0105
or by e-mail at tina-marie.buckman@osd.mil.
SUPPLEMENTARY INFORMATION: 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 an exceptional IT employee 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. DoD is proposing the
addition of a new Part 241, to title 32 of the Code of Federal
Regulations (CFR), entitled ``Pilot Program for the Temporary Exchange
of Information Technology Personnel,'' to implement the Pilot
authorized by Section 1110. This Pilot will be referred to as the
Information Technology Exchange Program (ITEP). The Assistant Secretary
of Defense (Networks & Information Integration)/Department of Defense
Chief Information Officer (ASD(NII)/DoD CIO) is responsible for
administration of ITEP Pilot. Heads of DoD Components have
responsibility for implementation of the Pilot. As required by NDAA
FY2010, an annual reporting requirement on activities carried out for
this information technology exchange program is required to be
submitted to the defense congressional committees.
a. Executive Order 12866, ``Regulatory Planning and Review''
Under Executive Order 12866, ``Regulatory Planning and Review,'' 58
FR 51735 (Oct. 4, 1993), a ``significant regulatory action'' is subject
to Office of Management and Budget (OMB) review and the requirements of
Executive Order 12866. Section 3(f) of the Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(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, the 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
the Executive Order.
This rule is substantive, non-significant regulatory action under
section 3(f) of Executive Order 12866. OMB has reviewed this rule.
b. 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.
c. 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.
d. 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.
e. 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.
0
Accordingly, 32 CFR part 241 is added to read as follows:
PART 241--PILOT PROGRAM FOR TEMPORARY EXCHANGE OF INFORMATION
TECHNOLOGY PERSONNEL
Sec.
241.1 Purpose.
241.2 Definitions.
241.3 Assignment authority.
241.4 Eligibility.
241.5 Written agreements.
241.6 Length of assignments.
241.7 Termination.
241.8 Terms and conditions.
241.9 Costs and reimbursements.
241.10 Small business consideration.
241.11 Numerical limitation.
241.12 Reporting requirements.
241.13 Implementation.
Authority: Pub. L. 111-84, section 1110, October 28, 2009.
Sec. 241.1 Purpose.
(a) The purpose of this part is to implement 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 IT employees between DoD
and private sector organizations. This statute also gives DoD the
authority to accept private sector IT employees assigned under the
Pilot. This Pilot is referred to as the Information Technology Exchange
Program (ITEP).
(b) Heads of DoD Components may approve assignments as a mechanism
for improving the DoD workforce's competency in using IT to deliver
government information and services. Heads of DoD Components may not
[[Page 77755]]
make assignments under this part to circumvent personnel ceilings, or
as a substitute for other more appropriate personnel decisions or
actions. Approved assignments must meet the strategic program goals of
the DoD Components. The benefits to the DoD Components and the private
sector organizations are the primary considerations in initiating
assignments; not the desires or personal needs of an individual
employee.
Sec. 241.2 Definitions.
In this part:
Assignment means the detail of a DoD employee to a private sector
organization without a change of position; or the assignment of a
private sector employee to a DoD Component without a change of
position.
DoD employee means a Federal civilian employee of the DoD.
Exceptional employee for the purposes of this pilot means an
employee who demonstrates unusually good performance which is
consistently better than expected at the fully successful level or
above. Performance meets or exceeds all standards established at the
fully successful level or above and makes significant contributions
towards achieving the organizational goals.
Information technology (IT) as defined in section 11101 of title
40, U.S.C. includes computers, ancillary equipment (including imaging
peripherals, input, output, and storage devices necessary for security
and surveillance), peripheral equipment designed to be controlled by
the central processing unit of a computer, software, firmware and
similar procedures, services (including support services), and related
resources.
Information Technology Management (ITM) means the planning,
organizing, staffing, directing, integrating, or controlling of
information technology, including occupational specialty areas such as
systems administration, IT project management, network services,
operating systems, software application, cybersecurity, enterprise
architecture, policy and planning, internet/web services, customer
support, data management and systems analysis.
Private sector organization means nonpublic or commercial
individuals and businesses, nonprofit organizations, academia,
scholastic institutions, and nongovernmental organizations.
Small business concern means a business concern that satisfies the
definitions and standards by the Administrator of the Small Business
Administration (SBA) as defined by section 3703 (e)(2)(A) of title 5,
U.S.C.
Sec. 241.3 Assignment authority.
The Secretary of Defense may with the agreement, of the private
sector organization concerned, arrange for the temporary assignment of
an employee to such a private sector organization or from such a
private sector organization to a DoD Component.
Sec. 241.4 Eligibility.
(a) To be eligible for an ITEP assignment, a DoD or private sector
employee must:
(1) Work in the field of information technology management;
(2) Be considered an exceptional employee;
(3) Be expected to assume increased information technology
management responsibilities in the future; and
(4) Must be compensated at the GS-11 level or above (or the
equivalent).
(b) In addition to meeting the requirements of paragraph (a) of
this section, the DoD employee must be serving under a career or
career-conditional appointment or an appointment of equivalent tenure
in the excepted service.
(c) The private sector employee must meet citizenship requirements
for Federal employment in accordance with 5 CFR 7.3 and 338.101, as
well as any other statutory requirements. When a position requires a
security clearance, the person must possess, or be able to obtain an
appropriate security clearance.
(d) Proposed assignment meets applicable requirements of section
209(b) of the E-Government Act of 2002.
Sec. 241.5 Written agreements.
(a) Before an assignment begins, the head of the DoD Component,
private sector organization and the employee to be assigned to ITEP
must sign a three-party agreement. Prior to the agreement being signed
the relevant legal office for the DoD Component shall review and
approve the agreement. The agreement must include, but is not limited
to the following elements:
(1) The duties to be performed and length of assignment;
(2) An individual development plan describing the core IT
competencies and technical skills that the detailee will be expected to
enhance or acquire;
(3) Identification of the supervisor of detailee.
(b) The agreement shall require DoD employees, upon completion of
the assignment serve in the civil service for a period equal to the
length of the assignment; and
(c) Provide that if the employee of the DoD 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.
Sec. 241.6 Length of assignments.
(a) An assignment shall be for a period of not less than 3 months
and not more than 1 year, and may be extended in 3-month increments for
a total of not more than 1 additional year by heads of DoD Components
and private sector organizations.
(b) No assignment may commence after September 30, 2013, unless an
individual began an assignment by September 30, 2013. This extension
may be granted in 3-month increments not to exceed 1 year.
Sec. 241.7 Termination.
An assignment may, at any time and for any reason be terminated by
the DoD or the private sector organization concerned.
Sec. 241.8 Terms and conditions.
(a) A DoD employee assigned under this part:
(1) Remains a Federal employee without loss of employee rights and
benefits attached to that status. These include, but are not limited
to:
(i) Consideration for promotion;
(ii) Leave accrual;
(iii) Continuation of retirement benefits and health, life, and
long-term care insurance benefits; and
(iv) Pay increases the employee otherwise would have received if he
or she had not been assigned;
(2) Remains covered for purposes of the Federal Tort Claims Act,
and for purposes of injury compensation as described in 5 U.S.C.
chapter 81; and
(3) Is subject to any action that may impact the employee's
position while he or she is assigned.
(b) An employee of a private sector organization:
(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 DoD for the purposes of:
(i) Chapter 73 of title 5, United States Code (Suitability,
Security, and Conduct);
(ii) Sections 201 (Bribery of Public Officials and Witnesses), 203
(Compensation to Members of Congress, Officers and Employees Against
and Other Matters Affecting the Government) 205, (Activities of
Officers and Employees in Claims Against Other
[[Page 77756]]
Matters Affecting the Government), 207 (Restrictions on Former
Officers, Employees, and Elected Officials of the Executive and
Legislative Branches), 208 (Acts Affecting a Personal Financial
Interest), 209 (Salary of Government Officials and Employees Payable
only by the United States), 603 (Making Political Contributions), 606
(Intimidation to Secure Political Contributions), 607, (Place of
Solicitation), 643 (Accounting Generally for Public Money), 654
(Officer or Employee of the United States Converting Property of
Another, 1905 (Disclosure of Confidential Information Generally), and
1913 (Lobbying with Appropriated Moneys) of title 18, United States
Code;
(iii) Sections 1343, 1344, and 1349 (b) of title 31, United States
Code;
(iv) The Federal Tort Claims Act and any other Federal tort
liability statute;
(v) The Ethics in Government Act of 1978;
(vi) Section 1043 of the Internal Revenue Code of 1986; and
(vii) Section 27 of the Office of Federal Procurement Policy Act;
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 he or she is assigned;
(4) Is subject to such regulations as the President may prescribe;
and
(5) Is covered by 5 U.S.C. chapter 81, Compensation for Work
Injuries.
(6) Does not have any right or expectation for Federal employment
solely on the basis of his or her assignment.
Sec. 241.9 Costs and reimbursements.
(a) Payment of salary and allowances. The lending organization (DoD
or private sector organization) has full responsibility for payment of
all salary and allowances to their employee participating in an ITEP
assignment.
(b) Business training and travel expenses. The engaging
organization may pay for any business training and travel expenses
incurred by the employee while on an ITEP assignment.
(c) Prohibition. A private sector organization may not charge the
DoD or any agency of the Federal Government, as direct or indirect
costs under a Federal contract, for the costs of pay or benefits paid
by that organization to an employee assigned to a DoD Component.
Sec. 241.10 Small business consideration.
The ASD(NII)/DoD CIO on behalf of the Secretary of Defense shall:
(a) Ensure that, of the assignments made each year, at least 20
percent are small business concerns (as defined by 5 U.S.C.
3703(e)(2)(A)).
(b) Take into consideration the questions of how assignments might
be used to help meet the needs of the DoD with respect to the training
of employees in ITM.
Sec. 241.11 Numerical limitation.
The ITEP Pilot is an opportunity for the exchange of knowledge,
experience and skills between DoD and the private sector. The DoD has
the flexibility to send their employees to the private sector or
receive private sector employees, or participate in a one-for-one
exchange. In no event may more than 10 employees participate in
assignments under this section at any given time.
Sec. 241.12 Reporting requirements.
(a) For each of fiscal years 2010 through 2015, 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.
(b) These reports will be prepared and submitted by ASD(NII)/DoD
CIO in coordination with DoD Components participating in the pilot, to
the appropriate congressional committees.
Sec. 241.13 Implementation.
The ASD(NII)/DoD CIO is responsible for administering, coordinating
and implementing the Pilot Program for the Temporary Exchange of
Information Personnel, referred to as the Information Technology
Exchange Program (ITEP). The ASD(NII)/DoD CIO will coordinate with DoD
Components.
Dated: December 7, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-31255 Filed 12-13-10; 8:45 am]
BILLING CODE 5001-06-P
