Sec. 1110. PILOT PROGRAM ON TEMPORARY EXCHANGE OF FINANCIAL MANAGEMENT AND ACQUISITION PERSONNEL
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## SEC. 1110 PILOT PROGRAM ON TEMPORARY EXCHANGE OF FINANCIAL MANAGEMENT AND ACQUISITION PERSONNEL **[**[10 U.S.C. 1701 note](/us/usc/t10/s1701)**]** ###
(a)In general The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of the temporary assignment of covered employees of the Department of Defense to nontraditional defense contractors and of covered employees of such contractors to the Department. ###
(b)Covered Employees; Nontraditional Defense Contractors ####
(1)Covered employees An employee of the Department of Defense or a nontraditional Defense contractor is a covered employee for purposes of this section if the employee— #####
(A)works in the field of financial management or in the acquisition field; #####
(B)is considered by the Secretary of Defense to be an exceptional employee; and #####
(C)is compensated at not less than the GS-11 level (or the equivalent). ####
(2)Nontraditional defense contractors For purposes of this section, the term “nontraditional defense contractor” has the meaning given that term in section 2302(9)17 of title 10, United States Code. 17 Section 1806(e)(3)(A) of Public Law 116-283 amends section 1110(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 by striking “section 2302(9)” and inserting “section 3014”. Section 1801(d)(1) of Public Law 116-283 states that amendments made by this title shall take effect on January 1, 2022. ###
(c)Agreements ####
(1)In general The Secretary of Defense shall provide for a written agreement among the Department of Defense, the nontraditional defense contractor concerned, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. ####
(2)Elements An agreement under this subsection— #####
(A)shall require, in the case of an employee of the Department, 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 #####
(B)shall provide that if the employee of the Department or of the contractor (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, the 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. ####
(3)Debt to the united states An amount for which an employee is liable under paragraph (2)(B) 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. ###
(d)Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the nontraditional defense contractor concerned. ###
(e)Duration An assignment under this section shall be for a period of not less than three months and not more than one year. ###
(f)Status of Federal Employees Assigned to Contractors An employee of the Department of Defense who is assigned to a nontraditional defense contractor 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
(c)shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. ###
(g)Terms and Conditions for Private Sector Employees An employee of a nontraditional defense contractor who is assigned to a Department of Defense organization under this section— ####
(1)shall continue to receive pay and benefits from the contractor from which such employee is assigned; ####
(2)shall be deemed to be an employee of the Department of Defense for the purposes of— #####
(A)chapter 73 of title 5, United States Code; #####
(B)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; #####
(C)sections 1343, 1344, and 1349(b) of title 31, United States Code; #####
(D)chapter 171 and section 1346(b) of title 28, United States Code (popularly known as the Federal Tort Claims Act), and any other Federal tort liability statute; #####
(E)chapter 131 of title 5, United States Code; #####
(F)chapter 21 of title 41, United States Code; and #####
(G)subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and ####
(3)may not have access, while the employee is assigned to a Department organization, to any trade secrets or to any other nonpublic information which is of commercial value to the contractor from which such employee is assigned. ###
(h)Prohibition Against Charging Certain Costs to Federal Government A nontraditional defense contractor 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 contractor to an employee assigned to a Department organization under this section for the period of the assignment. ###
(i)Consideration In providing for assignments of employees under this section, 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 or in acquisition. ###
(j)Numerical Limitations ####
(1)Department employees The number of employees of the Department of Defense who may be assigned to nontraditional defense contractors under this section at any given time may not exceed the following: #####
(A)Five employees in the field of financial management. #####
(B)Five employees in the acquisition field. ####
(2)Nontraditional defense contractor employees The total number of nontraditional defense contractor employees who may be assigned to the Department under this section at any given time may not exceed 10 such employees. ###
(k)Termination of Authority for Assignments No assignment of an employee may commence under this section after September 30, 2019. **[**Section 1111 was repealed by section 114(c)(1) of Public Law 116-283**]**
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Sec. 1110
PILOT PROGRAM ON TEMPORARY EXCHANGE OF FINANCIAL MANAGEMENT AND ACQUISITION PERSONNEL
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