116 STAT. 2926 PUBLIC LAW 107-347—DEC. 17, 2002 or above (or equivalent) and is serving under a career or cgireerconditional appointment or an appointment of equivalent tenure in the excepted service, and applicable requirements of section 209(b) of the E-Government Act of 2002 are met with respect to the proposed assignment of such employee. "(b) AGREEMENTS.—Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms gind conditions of the employee's assignment. In the case of an employee of the agency, the agreement shall— "(1) 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 "(2) provide that, in the event the employee fedls 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. An amount under paragraph (2) shall be treated as a debt due the United States. " (c) TERMINATION.— Assignments may be terminated by the agency or private sector organization concerned for any reason at any time. "(d) DURATION.—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. "(e) ASSISTANCE.— 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 individusds who are given assignments under this chapter, and publicizing the program. "(f) CONSIDERATIONS.— In exercising any authority under this chapter, an agency shall take into consideration— "(1) the need to ensure that small business concerns are appropriately represented with respect to the assignments described in sections 3703 and 3704, respectively; and "(2) 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. ^§ 3703. Assignment of employees to private sector organizations "(a) IN GENERAL.— An employee of an agency assigned to a private sector organization under this chapter is deemed, during the period of the assignment, to be on detail to a regular work assignment in his agency. "(b) COORDINATION WITH CHAPTER 81.—Notwithstanding any other provision of law, an employee of an agency assigned to a private sector organization under this chapter is entitled to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, except that, if the employee or the employee's
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