Page:United States Statutes at Large Volume 116 Part 4.djvu/504

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116 STAT. 2932 PUBLIC LAW 107-347—DEC. 17, 2002 (1) AMENDMENTS TO TITLE 5, UNITED STATES CODE. —Title 5, United States Code, is Eimended— (A) in section 3111, by adding at the end the following: "(d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title auid regulations of the Office of Personnel Management."; (B) in section 4108, by striking subsection (d); and (C) in section 7353(b), by adding at the end the following: "(4) Nothing in this section precludes an employee of a private sector organization, while assigned to an agency under chapter 37, from continuing to receive pay and benefits from such organization in accordance with such chapter.". (2) AMENDMENT TO TITLE IS, UNITED STATES CODE.— Section 209 of title 18, United States Code, is amended by adding at the end the following: "(g)(1) This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay euid benefits from such organization in accordance with such chapter. "(2) For purposes of this subsection, the term 'agency' means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia.". (3) OTHER AMENDMENTS.—Section 125(c)(1) of Public Law 100-238 (5 U.S.C. 8432 note) is amended— (A) in subparagraph (B), by striking "or" at the end; (B) in subparagraph (C), by striking "and" at the end and inserting "or"; and (C) by adding at the end the following: "(D) an individual assigned from a Federal agency to a private sector organization under chapter 37 of title 5, United States Code; and". 44 USC 3501 SEC. 210. SHARE-IN-SAVINGS INITIATIVES. (a) DEFENSE CONTRACTS. — (1) Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: '^§ 2332. Share-in-savings contracts "(a) AUTHORITY TO ENTER INTO SHARE-IN-SAVINGS CON- TRACTS. — (1) The head of an agency may enter into a share-in- savings contract for information technology (as defined in section 11101(6) of title 40) in which the Government awards a contract to improve mission-related or administrative processes or to accelerate the achievement of its mission and share with the contractor in savings achieved through contract performance. "(2)(A) Except as provided in subparagraph (B), a share-in- savings contract shall be awarded for a period of not more than five years. "(B) A share-in-savings contract may be awarded for a period greater than five years, but not more than 10 years, if the head of the agency determines in writing prior to award of the contract that— "(i) the level of risk to be assumed and the investment to be undertaken by the contractor is likely to inhibit the government from obtaining the needed information technology