123STA T . 2 49 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Anamou n tf o rwhic han e m pl o y eei s lia b le un d er para g raph (2) shall be treated as a debt due the U nited S tates . (c) TERMINAT I O N. — An assignment under this section may , at any time and for any reason, be terminated by the D epartment of Defense or the pri v ate 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, andmaybee x tended 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 , 2013. (e) TERM S AN DC ONDITIONS F OR P RI V ATE SE C TOR E M PL O Y EES.— An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) may continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 7 3 of title 5 , United States Code; ( B ) sections 201, 203, 205, 207, 20 8 ,20 9 , 6 03, 606, 607, 6 4 3, 654, 1905, and 1913 of title 18, United States Code; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the F ederal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in G overnment Act of 1978; (F) section 1043 of the I nternal R evenue Code of 1986; and (G) section 27 of the O ffice of Federal Procurement Policy Act; and (3) 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. (f) PRO H I B ITION A G AINST CHARGING CERTAIN COSTS TO THE FEDERAL GOVERNMENT.—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. (g) CONSIDERATIONS.—In 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 from small business concerns (as defined by section 3703(e)(2)(A) of title 5, United States Code); and (2) shall ta k e into consideration the q uestion 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. (h) N UMERICAL L IMITATION.—In no event may more than 10 employees be participating in assignments under this section at any given time.
