; and (ii) any other specific factor that prevents the establishment of the program. (2) Establishment Except in the case of a determination made under paragraph (1)(B), not later than 180 days after the date on which each agency head described in paragraph (1)(A) submits the report required under that paragraph, the agency head shall, after consultation with the Director of the Office of Personnel Management, establish a voluntary exchange program between the applicable agency (or, with respect to the Director of National Intelligence, an element of the intelligence community) and private sector institutions, under which— (A) a covered individual who is an employee of the agency, or of an element of the intelligence community, as applicable— (i) may elect to be temporarily detailed to a private sector institution that has elected to receive the covered individual; and (ii) during the period of detail described in clause (i), shall be considered to be on detail to a regular work assignment in that agency or element for all purposes; and (B) a covered individual who is an employee of a private sector institution— (i) may elect to be temporarily detailed to the agency or element— (I) if the agency or element has elected to receive the covered individual; and (II) for a period of not shorter than 90 days and not longer than 2 years; and (ii) during the period of detail described in clause (i)(II), shall— (I) receive from the private sector institution financial compensation, benefits, and any other type of compensation or support otherwise provided by or through the private sector institution during the course of the employment of the covered individual with the private sector institution; and (II) be considered to be an employee of the private sector institution, and not of the agency or element, for all purposes. (b) Rules of construction Nothing in this Act may be construed to— (1) modify or otherwise affect any program that is in effect on the day before the date of enactment of this Act