12 2 STA T .359PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 employ ee c o n ce r ne d re ga rd i ng th e term s and conditions o f the employee ’ s assignment u nder this section .T he agreement —(1) shall re q uire that , upon completion of the assignment, the employee w ill ser v e in the civil service for a period equal to the length of the assignment
and ( 2 ) shall provide that if the employee fails to carry out the agreement, such employee shall b e liable to the U nited S tates for payment of all e x penses of the assignment, unless that failure was for good and sufficient reason (as determined by the Secretary of D efense). A n amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. (c) T ERMINAT I O N.—An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organi z ation concerned. (d) D U RATION.—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 September 3 0 , 2010. (e) C ON S I D ERATIONS.— I n carrying out this section, the Sec- retary of Defense— (1) shall ensure that, of the assignments made under this section each year, at least 20 percent are to small business concerns (as defined by section 3 7 03(e)(2)(A) of title 5 , United States Code); and (2) shall ta k e into consideration the question of how assign- ments 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 information technology management. (f) N UMERI C A LL IMITATION.—In no event may more than 10 employees be participating in assignments under this section as of any given time. (g) R E P ORTIN G RE Q UIREMENT.— (1) IN GENERAL.—Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and H ouse of Representatives a report on the potential benefits of a program under which employees specializing in information technology may be temporarily assigned from private sector organizations to the Department of Defense. (2) CONTENTS.—The report shall include— (A) a statement of findings and an explanation of the bases for those findings; ( B ) an assessment of the laws, rules, and processes relating to the prevention of conflicts of interest and abuse which would apply to private sector employees during the period of their assignment to the Department of Defense, and whether they need to be strengthened or otherwise changed; (C) mechanisms proposed for the governance and over- sight of the program; and (D) recommendations for any legislation which may be necessary.
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