Sec. 1113. Public-private talent exchange
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/bill/114/hr/4909/pcs/section-1113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 81 of title 10, United States Code, as amended by section 1105 of this Act, is further amended by adding at the end the following new section: Under regulations prescribed by the Secretary of Defense, the Secretary may, with the agreement of a private-sector organization and the consent of the employee, 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.
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 that the employee of the Department of Defense, upon completion of the assignment, will serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to the length of the assignment; 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, 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.
An amount for which an employee is liable under paragraph
(1)shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of a debt described in paragraph
(2)based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. 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 one year, renewable up to a total of 4 years. No employee of the Department of Defense may be assigned under this section for more than a total of 4 years inclusive of all such assignments. An employee of the Department of Defense who is 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)(1) 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 and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2); is deemed to be an employee of the Department of Defense for the purposes of— chapters 73 and 81 of title 5; sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; sections 1343, 1344, and 1349(b) of title 31; the Federal Tort Claims Act and any other Federal tort liability statute; the Ethics in Government Act of 1978; and chapter 21 of title 41; shall 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 such employee is assigned. A private-sector organization may not charge the Department of 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 organization under this section for the period of the assignment. In carrying out this section, the Secretary of Defense— shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by section 3703(e)(2)(A) of title 5); shall take into consideration the question of how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of employees; and shall take into consideration, where applicable, areas of particular private sector expertise, such as cybersecurity. . The table of sections at the beginning of such chapter, as amended by section 1105 of this Act, is further amended by adding at the end the following new item: 1599g. Public-private talent exchange. .