101st CONGRESS
2d Session
H. R. 5643
AN ACT
To grant a temporary extension on the authority under which the Government
may accept the voluntary services of private-sector executives; to clarify
the status of Federal employees assigned to private-sector positions while
participating in an executive exchange program; and for other purposes.
HR 5643 EH
101st CONGRESS
2d Session
 H. R. 5643
AN ACT
To grant a temporary extension on the authority under which the Government
may accept the voluntary services of private-sector executives; to clarify
the status of Federal employees assigned to private-sector positions while
participating in an executive exchange program; and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF AUTHORITY RELATING TO PRIVATE-SECTOR
EXECUTIVES PERFORMING VOLUNTARY SERVICES FOR THE GOVERNMENT.
  (a) IN GENERAL- Notwithstanding the expiration on September 30, 1990, of the
  Executive Exchange Program Voluntary Services Act of 1986 (5 U.S.C. 4103
  note), any individual who, as of that date, is or was participating in
  a program established under such Act may continue to perform voluntary
  services for the Government, and the Government may continue to accept those
  services, for not more than an additional 90 days beyond that expiration
  date, to the same extent as if such Act had not expired.
  (b) EFFECTIVE DATE- This section shall be effective as of September 30, 1990.
SEC. 2. STATUS OF GOVERNMENT EXECUTIVES WHILE SERVING IN PRIVATE-SECTOR
POSITIONS.
  (a) IN GENERAL- (1) Title 5, United States Code, is amended by inserting
  after section 3341 the following:
`Sec. 3342. Federal participants in executive exchange programs
  `(a) For the purpose of this section, the term `executive exchange program'
  means any program which is required, by statute or Executive order, to
  be administered, in whole or in part, by the President's Commission on
  Executive Exchange (described in Executive Order Numbered 12493, dated
  December 5, 1984), a successor entity in function, or any officer thereof.
  `(b) An employee assigned to a position in the private sector as a
  participant in an executive exchange program shall, while so assigned,
  be treated as if on detail to a regular work assignment in such employee's
  employing agency, except that nothing in section 3341(b) shall limit the
  period of time for which any such employee may be so assigned.
  `(c) An agreement providing for the assignment of an employee to a position
  in the private sector as a participant in an executive exchange program
  shall not be effective unless it includes a provision under which the
  private-sector employer agrees to reimburse the employee's agency for any
  basic pay which is paid by the agency to such employee, and attributable
  to the period during which the employee is so assigned. Any reimbursement
  so made shall be credited to the appropriation, fund, or account used to
  pay the amount reimbursed.'.
  (2) The table of sections for chapter 33 of title 5, United States Code, is
  amended by inserting after the item relating to section 3341 the following:
`3342. Federal participants in executive exchange programs.'.
  (b) EFFECTIVE DATE- The amendments made by this section shall take effect 90
  days after the date of enactment of this Act, and shall apply with respect
  to any Federal employee who begins an assignment with a private-sector
  employer as a participant in an executive exchange program beginning on
  or after that effective date.
Passed the House of Representatives September 28, 1990.
Attest:
Clerk.