Sec. 1107. Public-private talent exchange
555 words·~3 min read·
/bill/114/s/2943/pcs/section-1107·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, is amended by adding at the end the following new section: The Secretary of Defense may, with the agreement of the private-sector organization concerned, arrange for the temporary assignment of a Department of Defense employee to such private-sector organization, or from such private-sector organization to a Department 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 an employee of the Department, upon completion of the assignment, will serve in the Department, 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 or the private-sector organization (as the case may be) fails to carry out the agreement, the 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.
An amount for which an employee is liable under paragraph
(1)shall be treated as a debt due 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. Except as provided in paragraph (2), an assignment under this section shall be for a period of not less than three months and not more than two years. An assignment under this section may be for a period in excess of two years, but not more than four years, if the Secretary determines that such assignment is necessary to meet critical mission or program requirements. An employee of a private-sector organization who is assigned to a Department of Defense organization under this section— may 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 for the purposes of— chapter 73 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; and may 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 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 the Department under this section for the period of the assignment. In carrying out this section, the Secretary of Defense shall take into consideration 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. . The table of sections at the beginning of 81 of such title is amended by adding at the end the following new item: 1599g. Public-private exchange. .