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MEMORANDUM OF UNDERSTANDING between the and the (Office of Directorate of National Intelligence, Business Transformation Office)

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1
MEMORANDUM OF UNDERSTANDING
between the
(Name of Employing Element)
and the
(Name of Gaining Element)
on
(Employee Name and/or Unique Identifier)
for a
INTELLIGENCE COMMUNITY CIVILIAN
JOINT DUTY ASSIGNMENT ROTATION
I. REFERENCES AND AUTHORITIES
A. National Security Act of 1947, as amended, 50 U.S.C. § 3001 et seq.
B. Economy Act, as amended (if reimbursable), 31 U.S.C., Section 1535
C. Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458
D.
E.
F.
G.
Executive Order 12333, as amended
Intelligence Community Directive 660, Intelligence Community Civilian Joint
Duty Program, effective February 11, 2013
Intelligence Community Policy Guidance 660.1, Intelligence Community Civilian
Joint Duty Program Implementation Guidance, as amended effective July 24,
2015
Other Departmental/Agency regulations:
2
II. PURPOSE
The purpose of this Memorandum of Understanding (MoU) is to provide for the
assigning, tracking and accounting of personnel on a
___ reimbursable
___ non-reimbursable
Intelligence Community Civilian Joint Duty Assignment (JDA) rotation and to stipulate
the roles and responsibilities of the employing element, gaining element, and employee
on a JDA. JDAs further the interests of each Intelligence Community (IC) element and
the IC as a whole, promote the effectiveness of the US Government, and provide IC
officers with a broader perspective on issues facing the IC.
III. GENERAL INFORMATION
A. Employing Element:
B. Gaining Element:
C. Employee (and/or Unique Identifier):
D. Start Date of JDA:
E. End Date of JDA:
F. This JDA may be extended for _____ upon written mutual consent of the
employing and gaining element.
Note: The length of a JDA cannot exceed 36 months.
G. Employee position title, grade/band, duty location and brief description of duties
at employing element:
H. Employee position title, grade/band, duty location and brief description of duties
at gaining element:
I. Details to law enforcement agencies require the employing agency to confer with
legal counsel as certain MoUs may require specific language restricting the
detailee from engaging in law enforcement activities, consistent with federal
statutes, executive orders, and regulations.
3
IV. EMPLOYING ELEMENT ROLES AND RESPONSIBILITIES
A. General:
a. Out-process and in-process employee
b. Brief employee selected for a JDA on the contents of this MoU and any
other applicable information
c. Document JDA, and maintain and update as necessary the employee’s
official personnel record
d. Ensure that the JDA is part of the employee’s individual development
plan, or equivalent, and has been approved by the employee’s first and
second level supervisor/manager
e. During the JDA notify gaining element supervisor and employee of events
impacting the employee’s JDA, including but not limited to mobilization,
change of supervisor, senior officer tier level changes, general schedule or
general schedule equivalent position grade changes, or reorganization
f. Provide employee with element’s reintegration process prior to
commencement of JDA
B. Bonuses/Awards, Promotion and Time and Attendance:
a. Maintain employee payroll and benefits
b. If non-reimbursable JDA, ensure prompt payment/credit for additional
compensatory work beyond the employee’s standard 40 hour work week
and where the employee’s gaining element supervisor has certified that the
additional work hours were mission critical.
c. Fund bonuses/awards given in recognition of employee contributions to
employing element and discuss with gaining element supervisor
d. Retain responsibility for permanent promotion, within-grade increases or
other permanent performance-based pay adjustments
e. If reimbursable JDA, bill the gaining element for salary and benefits of
employee, and receive payment via Economy Act Order (e.g. Military
Interdepartmental Purchase Order) and/or Department of Treasury Intra-
Governmental Payment Collections System as appropriate
f. Process and retain employee time and attendance in accordance with the
employing element’s practices and procedures
g. Process in a timely manner bonuses/awards funded and given to the
employee by the gaining element
C. Security and Medical:
a. Transmit security clearance(s) and medical clearance(s) or medical
certification(s) as required by the gaining element
b. Provide other security support in accordance with employing element’s
practices
4
c. Hold the employee’s clearance on behalf of the gaining element
d. If cover is required, the employing element will coordinate requirements
with the gaining element.
D. Temporary Duty, Travel and Permanent/Temporary Change of Station:
a. Fund employee temporary duty (TDY) that is in support of necessary
employing element administrative requirements, such as training, using
employing element forms, timelines, policies and procedures
b. Fund local and non-local travel that is in support of employing element
using employing element policies and procedures
c. Fund Permanent/Temporary Change of Station costs using employing
element policies and procedures, discuss and coordinate with gaining
element.
E. Training and Reintegration:
a. Fund employee training that is in support of employing element, discuss
and coordinate with gaining element.
b. Retain responsibility for employee’s career development
c. Reintegrate employee returning from a JDA, ensuring that the employee is
permanently placed in the employee’s former position or an equivalent
position, as determined by the employing element, and duty location,
unless other provisions are agreed to in advance by the employing element
and the employee.
5
V. GAINING ELEMENT ROLES AND RESPONSIBILITIES
A. General:
a. In-process and out-process employee
b. Provide appropriate resources for employee to perform JDA, including
office and desk space, communications and computer support (e.g.
JWICS, SIPR, NIPR), telephones (classified and unclassified), copier, and
similar support provided to the gaining element’s own employees of
similar grade
c. Notify employing element in a timely manner of significant developments
regarding an employee on a JDA, including but not limited to an award or
recognition, hospitalization, a security violation, an arrest, mobilization,
change of supervisor, senior officer tier level changes, general schedule or
general schedule equivalent position grade changes, reorganization, or
performance issues
B. Bonuses/Awards, Promotion and Time and Attendance:
a. Fund bonuses/awards given in recognition of employee contributions to
gaining element, discuss and coordinate with employing element
b. Transfer funds to the employing element for reimbursable JDA via
Economy Act Order (e.g. Military Interdepartmental Purchase Order)
and/or Department of Treasury Intra-Governmental Payment Collections
System as appropriate, including bonuses referenced in section V (Ba).
c. Recommend, as appropriate, any performance based pay adjustment
d. Supervisor certifies as accurate time and attendance of employee on a JDA
in accordance with employing element’s forms and procedures
e. The Gaining Element must allow the employee sufficient time off to use
all compensatory time accrued during the JDA prior to returning to the
Employing Element.
C. Security and Medical:
a. Request employing element transmit security and medical clearance(s) or
medical certifications as required
b. Provide security support in accordance with gaining element’s standard
policies, procedures and regulations
c. Where required, provide support to maintain cover of covert employees on
a JDA in accordance with applicable employing element guidelines
d. If cover is required, the gaining element will coordinate requirements with
the employing element.
6
D. Temporary Duty, Travel, Permanent/Temporary Change of Station and Training:
a. Fund employee TDY that is in support of gaining element using gaining
element forms, timelines, policies and procedures
b. Fund local and non-local travel that is in support of gaining element using
gaining element policies and procedures
c. Fund Permanent/Temporary Change of Station costs using gaining
element policies and procdures, discuss and coordinate with employing
element.
d. Fund employee training in support of JDA
E. Performance Expectations and Evaluations:
a. Complete performance expectations and evaluations in consultation with
the employee’s employing element supervisor and in accordance with the
employing element’s requirements, forms and timelines
b. Provide feedback to the employing element and employee regarding the
employee’s performance
VI. IMPLEMENTATION, TERMINATION AND REASSIGNMENT
This MoU is effective upon signature of all parties to the MoU and remains in effect until
the end date of the JDA or until this MoU is jointly terminated or modified in writing
with 30 days notice. The JDA may be terminated prior to the completion of the specified
tour length when the employing and gaining element agree that termination is in the best
interest of the employee or elements concerned. The gaining element will not reassign the
employee to any other position without the prior written consent of the employing
element. The gaining element will not detail the employee to any other agency.
VII. LEGAL EFFECT AND SEVERABILITY
This MoU is not intended, and should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law or otherwise by any party against the
parties, their parent agencies, the United States or the officers, employees, agents or other
associated personnel thereof.
Nothing in this MoU is intended to conflict with current laws or regulations of the
participating agencies. If a provision of this MoU is inconsistent with such authority, then
that provision shall be invalid. The illegality or invalidity of any provision of this MoU
shall not impair, affect, or invalidate the other provisions of this MoU.
This MoU is subject to availability of funds.
7
VIII. POINTS OF CONTACT
Name Title Phone # Email Location
Employee
Employing
element
supervisor
Gaining
element
supervisor
Finance –
Employing
element
Finance –
Gaining
element
HR –
Employing
element
HR – Gaining
element
Other POCs
8
IX. SIGNATURES
Employee’s Name Printed
Signature
Date
Authorized Employing Element
Official’s Printed Name
Signature
Date
Authorized Gaining Element
Official’s Printed Name
Signature
Date
Distribution: List of names with titles
1.
2.
3.
4.
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X. FINANCIAL ADDENDUM FOR REIMBURSABLE JOINT DUTY ASSIGNMENT
Employee Name: ______________________________________________________
Employing Element: ______________________________________________________
Gaining Element: ______________________________________________________
This addendum is being provided to verify and validate the financial responsibilities of the
gaining element in regards to the Joint Duty Rotational Assignment of
This is a -year reimbursable assignment with the projected costs as described below.
Detail Begins: Detail Concludes:
Estimated FY __ Costs
PoP
Base Salary
Benefits
Other Costs
Total FY __ Estimate:
Estimated FY __ Costs
PoP:
Base S
alary
Benefits
Other Costs
Total FY __ Estimate:
Estimated FY __ Costs
PoP:
Base Salary
Benefits
Other Costs
Total FY __ Estimate:
Total Funding Requirement:
10
XI. JOINT DUTY ASSIGNMENT EXTENSION ADDENDUM
Per mutual agreement among the employee, employing and gaining elements, and
Paragraph III.F, this Joint Duty Assignment is hereby extended until _____________.
The Joint Duty Assignment remains subject to all other terms and conditions of this
Memorandum of Understanding.
Employee’s Name Printed
Signature
Date
Authorized Employing Element
Official’s Printed Name
Signature
Date
Authorized Gaining Element
Official’s Printed Name
Signature
Date
Distribution: List of names with titles
1.
2.
3.
4.
Add
itional Information
11
Additional Information
12
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MEMORANDUM OF UNDERSTANDING between the and the (Office of Directorate of National Intelligence, Business Transformation Office)

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Completed 10 August 2020

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