5 U.S.C. § 3702: General provisions

works in the field of information technology management; is considered an exceptional performer by the individual’s current employer; and is expected to assume increased information technology management responsibilities in the future. require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the assignment. Assignments may be terminated by the agency or private sector organization concerned for any reason at any time. Assignments under this chapter shall be for a period of between 3 months and 1 year, and may be extended in 3-month increments for a total of not more than 1 additional year, except that no assignment under this chapter may commence after the end of the 5-year period beginning on the date of the enactment of this chapter. The Chief Information Officers Council, by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program. the need to ensure that small business concerns are appropriately represented with respect to the assignments described in sections 3703 and 3704, respectively; and how assignments described in section 3703 might best be used to help meet the needs of the agency for the training of employees in information technology management. works in the field of cyber operations or information technology management or performs financial management and budgeting tasks for a private sector organization that primarily develops software or provides software services; is considered by the Secretary of Defense to be an exceptional employee; is expected to assume increased cyber operations or information technology management responsibilities in the future; and is compensated at not less than the GS–11 level (or the equivalent); and the proposed assignment meets applicable requirements of section 209(b) of the E-Government Act of 2002 [ Pub. L. 107–347 ] ( 44 U.S.C. 3501 note). shall require that employees of the Department of Defense, upon completion of the assignment, will serve in the civil service 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 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, and may be extended in 3-month increments for a total of not more than 1 additional year; however, no assignment under this section may commence after December 31, 2026 . may continue to receive pay and benefits from the private sector organization from which such employee is assigned; 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; sections 1343, 1344, and 1349(b) of title 31, United States Code; the Federal Tort Claims Act [see Short Title note under section 2671 of Title 28 , Judiciary and Judicial Procedure] and any other Federal tort liability statute; chapter 131 of title 5, United States Code; section 1043 of the Internal Revenue Code of 1986 [ 26 U.S.C. 1043 ]; and section 27 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 2101 et seq.]; 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 a Department of Defense organization under this section for the period of the assignment. shall ensure that, of the assignments made under this section each year, at least 20 percent are to or from small business concerns (as defined by section 3703(e)(2)(A) of title 5 , United States Code); and 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 in cyber operations or information technology management. In no event may more than 50 employees be participating in assignments under this section at any given time. the duration of such assignment or the authority to extend such assignment in accordance with subsection (d) of such section 1109, as last in effect; or the terms or conditions of the agreement governing such assignment, including with respect to any service obligation under subsection (b) thereof; and any employee whose assignment is allowed to continue by virtue of paragraph (1) shall be taken into account for purposes of the numerical limitation under subsection (h).”