Sec. 1002. Pilot program for the temporary exchange of financial management personnel
785 words·~4 min read·
/bill/113/s/1034/is/section-1002A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— works in the field of financial management; is considered by the Secretary of Defense to be an exceptional employee; and is compensated at not less than the GS–11 level (or the equivalent).
The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and 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, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation 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. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. An assignment under this section shall be for a period of not less than 3 months and not more than 1 year; however, no assignment under this section may commence after September 30, 2019. An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection
(b)shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. An employee of a private sector organization who is assigned to a Department of Defense organization under this section— shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; is deemed to be an employee of the Department of Defense for the purposes of— chapter 73 of title 5, United States Code; sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; sections 1343, 1344, and 1349(b) of title 31, United States Code; the Federal Tort Claims Act and any other Federal tort liability statute; the Ethics in Government Act of 1978; section 1043 of the Internal Revenue Code of 1986; chapter 21 of title 41, United States Code; and subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and may not have access, while the employee is assigned to a Department of Defense organization, 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. A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time.