; and (iii) that, during the 2-year period beginning on the last day of the fellowship, the participant will not accept employment in the same industry as the industry of the private-sector entity at which the participant accepts the fellowship. (C) A provision that any financial obligation of the United States arising out of an agreement entered into under this subchapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated. (D) A statement of the damages to which the United States is entitled under this subchapter for the participant’s breach of the agreement. (E) Such other terms as the Secretary determines are required to be included in the agreement. (2) An agreement between the Secretary and a private-sector participant shall be in writing, shall be signed by the participant, and shall include the following provisions: (A) The Secretary’s agreement to provide the participant with a fellowship under this section. (B) The participant’s agreement to accept the fellowship. (C) Such other terms as the Secretary determines are required to be included in the agreement. (f) Treatment of recipients (1) A Department participant shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee. (2) A private-sector participant shall be considered an employee of the private-sector entity that employs the participant for all purposes, including for purposes of receiving a salary and benefits, and during the fellowship shall be treated as a contractor of the Department. (g) Reports (1) Not later than 60 days after completing a fellowship under this section, a recipient of the fellowship shall submit to the Secretary a report on the fellowship. (2) Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application