[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2944 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2944
To amend title 10, United States Code, to establish a public-private
exchange program for the acquisition workforce.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2019
Mr. Cisneros introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish a public-private
exchange program for the acquisition workforce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training Acquisition Leaders and
Elevating New Talent Act of 2019'' or the ``TALENT Act''.
SEC. 2. PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE ACQUISITION WORKFORCE.
(a) In General.--Subchapter IV of chapter 87 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1749. Public-private exchange program for the acquisition
workforce
``(a) Assignment Authority.--(1) The Secretary may, by rule,
establish a program to be known as the `Public-Private Exchange Program
for the Acquisition Workforce' to temporarily assign a member of the
acquisition workforce to a private-sector organization or an employee
of a private-sector organization to the Department of Defense if--
``(A) pursuant to an agreement between the Secretary, the
private-sector organization, and the individual to be
temporarily assigned described in subsection (b); and
``(B) with the consent of the individual to be temporarily
assigned.
``(2) Members of the acquisition workforce are eligible for a
temporary assignment under this section as follows:
``(A) Civilians in any of grades GS-12 through GS-15 under
the General Schedule or, for employees participating in the
demonstration project under section 1762 of this title, the
equivalent.
``(B) Members of the armed forces serving in any of pay
grades O-3 through O-6.
``(3) A private-sector organization shall not be considered to have
a conflict of interest with the Department of Defense solely because of
participation in the program established under this section.
``(b) Agreements.--(1) An agreement entered into under this section
shall include the following:
``(A) The terms and conditions of a temporary assignment.
``(B) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, a
requirement that the member of the acquisition workforce, upon
completion of the temporary assignment, will--
``(i) if a member of the armed forces, serve in the
armed forces for a period equal to twice the length of
the temporary assignment (in addition to any other
period of obligated service); or
``(ii) if a civilian, serve in the Department of
Defense, or elsewhere in the civil service if approved
by the Secretary, for a period equal to twice the
length of the temporary assignment.
``(C) A provision that if the individual to be temporarily
assigned fails to carry out the agreement, such individual
shall be liable to the United States for payment of all
expenses of the assignment, unless that failure was for good
and sufficient reason, as determined by the Secretary of
Defense.
``(D) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, language
ensuring that such member of the acquisition workforce does not
improperly use pre-decisional or draft deliberative information
that such member may be privy to or aware of related to
Department programing, budgeting, resourcing, acquisition, or
procurement for the benefit or advantage of the private-sector
organization.
``(2) An amount for which an individual is liable under paragraph
(1)(C) shall be treated as a debt due the United States.
``(3) The Secretary may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in the
best interests of the United States, after taking into account any
indication of fraud, misrepresentation, fault, or lack of good faith on
the part of the individual who is liable for the debt.
``(c) Termination.--An assignment under this section may, at any
time and for any reason, be terminated by the Department of Defense or
the private-sector organization concerned.
``(d) Duration.--(1) Except as provided in paragraph (2), an
assignment under this section shall be for a period of not more than
two years, renewable up to a total of four years.
``(2) An assignment under this section may be for a period in
excess of two years, but not more than four years, if the Secretary
determines that such assignment is necessary to meet critical mission
or program requirements.
``(3) A member of the acquisition workforce may not be assigned
under this section for more than a total of four years inclusive of all
such assignments.
``(e) Status of Individuals Assigned to Private-Sector
Organizations.--(1) A member of the acquisition workforce who is
assigned to a private-sector organization under this section shall be
considered, during the period of assignment, to be on detail to a
regular duty or work assignment, as applicable, in the Department for
all purposes.
``(2) In the case of a civilian member of the acquisition
workforce, the written agreement established under subsection (b)(1)--
``(A) shall address the specific terms and conditions
related to the civilian member's continued status as a Federal
employee; and
``(B) in the case of an assignment of nine months or
longer, shall provide that, if the civilian member successfully
completes the assignment (as determined by the Secretary), the
civilian member shall be eligible for consideration for
placement in a new position under programs of the Department of
Defense providing priority placement to certain employees.
``(3) With respect to an assignment of a member of the acquisition
workforce under this section, the Secretary--
``(A) may, in the case of a civilian member of the
acquisition workforce, provide for the performance, during the
member's absence, of the normal duties and functions of that
member by making a temporary or term appointment under general
civil service authorities for such appointments;
``(B) shall ensure that the normal duties and functions of
the civilian member of the acquisition workforce described in
subparagraph (A) can be reasonably performed by other personnel
of the Department of Defense without the permanent transfer or
permanent reassignment of other personnel of the Department of
Defense, including members of the armed forces;
``(C) shall ensure that the normal duties and functions of
the acquisition workforce member are not, as a result of and
during the course of such temporary assignment, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of this title; and
``(D) shall certify that the temporary assignment of the
acquisition workforce member will not have an adverse or
negative impact on mission attainment, warfighter support, or
organizational capabilities associated with the assignment.
``(f) Terms and Conditions for Private-Sector Employees.--An
employee of a private-Sector organization who is assigned to a
Department of Defense organization under this section--
``(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
assigned and shall not receive pay or benefits from the
Department of Defense, except as provided in paragraph (2);
``(2) is deemed to be an employee of the Department of
Defense for the purposes of--
``(A) chapters 73 and 81 of title 5;
``(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(E) the Ethics in Government Act of 1978; and
``(F) chapter 21 of title 41;
``(3) shall 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;
``(4) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary of Defense; and
``(5) may not be used to circumvent the provision of
section 2461 of this title nor to circumvent any limitation or
restriction on the size of the Department's workforce.
``(g) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the
Department 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
organization under this section for the period of the assignment.
``(h) Consideration of Training Needs for Members of the
Acquisition Workforce.--In carrying out this section, the Secretary of
Defense shall take into consideration how assignments under this
section might best be used to help meet the needs of the Department of
Defense with respect to the training of members of the acquisition
workforce.
``(i) Funding; Use of Defense Acquisition Workforce Development
Fund.--Funds for the expenses for the program established under this
section shall be provided from amounts in the Department of Defense
Acquisition Workforce Development Fund. Expenses for the program
include--
``(1) notwithstanding section 1705(e)(5) of this title, the
base salary of a civilian member of the acquisition workforce
assigned to a private-sector organization under this section,
during the period of that assignment;
``(2) expenses relating to assignment under this section of
a member of the acquisition workforce away from the member's
regular duty station, including expenses for travel, per diem,
and lodging; and
``(3) expenses for the administration of the program.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1749. Public-private exchange program for the acquisition
workforce.''.
(b) Use of Defense Acquisition Workforce Development Fund.--Section
1705(e)(1) of such title is amended by adding at the end the following
new subparagraph:
``(C) Amounts in the Fund shall be used to pay the
expenses of the Public-Private Exchange Program for the
Acquisition Workforce under section 1749 of this
title.''.
(c) Acquisition Workforce Employees Excluded From Public-Private
Talent Exchange.--
(1) In general.--Section 1599g of such title is amended by
adding at the end the following new subsection:
``(i) Acquisition workforce employees.--An
employee of the Department of Defense who is
eligible for the Public-Private Exchange
Program for the Acquisition Workforce under
section 1749 of this title is not eligible for
an assignment under this section.''.
(2) Applicability.--Subsection (i) of section 1599g of
title 10, United States Code, as added by paragraph (1), shall
not apply to an employee of the Department of Defense who
entered into an agreement under that section before the date of
the enactment of this Act.
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