,i #aafth ,,congress #ast ,session ,h4 ,r4 #bidd ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjai,mr4 ,cisneros introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to establish a public-private exchange program for the acquisition workforce4 #a4 ,short title ,this ,act may be cited as the ,training ,acquisition ,leaders and ,elevating ,new ,talent ,act of #bjai or the ,,talent ,act4 #b4 ,public-private exchange program for the acquisition workforce 7a7 ,in general ,subchapter ,,iv of chapter #hg of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #agdi4 ,public-private exchange program for the acquisition workforce 7a7 ,assignment authority 7#a7 ,the ,secretary may1 by rule1 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-- 7,a7 pursuant to an agreement between the ,secretary1 the private-sector organization1 and the individual to be temporarily assigned described in subsection 7b72 and 7,b7 with the consent of the individual to be temporarily assigned4 7#b7 ,members of the acquisition workforce are eligible for a temporary assignment under this section as follows3 7,a7 ,civilians in any of grades ,,gs-#ab through ,,gs-#ae under the ,general ,schedule or1 for employees participating in the demonstration project under section #agfb of this title1 the equivalent4 7,b7 ,members of the armed forces serving in any of pay grades ,o-#c through ,o-#f4 7#c7 ,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 section4 7b7 ,agreements 7#a7 ,an agreement entered into under this section shall include the following3 7,a7 ,the terms and conditions of a temporary assignment4 7,b7 ,in the case of an agreement for the temporary assignment of a member of the acquisition workforce1 a requirement that the member of the acquisition workforce1 upon completion of the temporary assignment1 will-- 7i7 if a member of the armed forces1 serve in the armed forces for a period equal to twice the length of the temporary assignment 7in addition to any other period of obligated service72 or 7ii7 if a civilian1 serve in the ,department of ,defense1 or elsewhere in the civil service if approved by the ,secretary1 for a period equal to twice the length of the temporary assignment4 7,c7 ,a provision that if the individual to be temporarily assigned fails to carry out the agreement1 such individual shall be liable to the ,united ,states for payment of all expenses of the assignment1 unless that failure was for good and sufficient reason1 as determined by the ,secretary of ,defense4 7,d7 ,in the case of an agreement for the temporary assignment of a member of the acquisition workforce1 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 programing1 budgeting1 resourcing1 acquisition1 or procurement for the benefit or advantage of the private-sector organization4 7#b7 ,an amount for which an individual is liable under paragraph 7#a77;,c7 shall be treated as a debt due the ,united ,states4 7#c7 ,the ,secretary may waive1 in whole or in part1 collection of a debt described in paragraph 7#b7 based on a determination that the collection would be against equity and good conscience and not in the best interests of the ,united ,states1 after taking into account any indication of fraud1 misrepresentation1 fault1 or lack of good faith on the part of the individual who is liable for the debt4 7c7 ,termination ,an assignment under this section may1 at any time and for any reason1 be terminated by the ,department of ,defense or the private-sector organization concerned4 7d7 ,duration 7#a7 ,except as provided in paragraph 7#b71 an assignment under this section shall be for a period of not more than two years1 renewable up to a total of four years4 7#b7 ,an assignment under this section may be for a period in excess of two years1 but not more than four years1 if the ,secretary determines that such assignment is necessary to meet critical mission or program requirements4 7#c7 ,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 assignments4 7e7 ,status of individuals assigned to private-,sector organizations 7#a7 ,a member of the acquisition workforce who is assigned to a private-sector organization under this section shall be considered1 during the period of assignment1 to be on detail to a regular duty or work assignment1 as applicable1 in the ,department for all purposes4 7#b7 ,in the case of a civilian member of the acquisition workforce1 the written agreement established under subsection 7b77#a7-- 7,a7 shall address the specific terms and conditions related to the civilian member's continued status as a ,federal employee2 and 7,b7 in the case of an assignment of nine months or longer1 shall provide that1 if the civilian member successfully completes the assignment 7as determined by the ,secretary71 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 employees4 7#c7 ,with respect to an assignment of a member of the acquisition workforce under this section1 the ,secretary-- 7,a7 may1 in the case of a civilian member of the acquisition workforce1 provide for the performance1 during the member's absence1 of the normal duties and functions of that member by making a temporary or term appointment under general civil service authorities for such appointments2 7,b7 shall ensure that the normal duties and functions of the civilian member of the acquisition workforce described in subparagraph 7,a7 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 ,defense1 including members of the armed forces2 7,c7 shall ensure that the normal duties and functions of the acquisition workforce member are not1 as a result of and during the course of such temporary assignment1 performed or augmented by contractor personnel in violation of the provisions of section #bdfa of this title2 and 7,d7 shall certify that the temporary assignment of the acquisition workforce member will not have an adverse or negative impact on mission attainment1 warfighter support1 or organizational capabilities associated with the assignment4 7f7 ,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-- 7#a7 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 ,defense1 except as provided in paragraph 7#b72 7#b7 is deemed to be an employee of the ,department of ,defense for the purposes of-- 7,a7 chapters #gc and #ha of title #e2 7,b7 sections #bja1 #bjc1 #bje1 #bjg1 #bjh1 #bji1 #fjc1 #fjf1 #fjg1 #fdc1 #fed1 #aije1 and #aiac of title #ah2 7,c7 sections #acdc1 #acdd1 and #acdi7;b7 of title #ca2 7,d7 the ,federal ,tort ,claims ,act and any other ,federal tort liability statute2 7,e7 the ,ethics in ,government ,act of #aigh2 and 7,f7 chapter #ba of title #da2 7#c7 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 assigned2 7#d7 may perform work that is considered inherently governmental in nature only when requested in writing by the ,secretary of ,defense2 and 7#e7 may not be used to circumvent the provision of section #bdfa of this title nor to circumvent any limitation or restriction on the size of the ,department's workforce4 7g7 ,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 ,government1 as direct or indirect costs under a ,federal contract1 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 assignment4 7h7 ,consideration of training needs for members of the acquisition workforce ,in carrying out this section1 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 workforce4 7i7 ,funding2 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 ,fund4 ,expenses for the program include-- 7#a7 notwithstanding section #agje7;e77#e7 of this title1 the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section1 during the period of that assignment2 7#b7 expenses relating to assignment under this section of a member of the acquisition workforce away from the member's regular duty station1 including expenses for travel1 per diem1 and lodging2 and 7#c7 expenses for the administration of the program4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such subchapter is amended by adding at the end the following new item3 #agdi4 ,public-private exchange program for the acquisition workforce4 4 7b7 ,use of ,defense ,acquisition ,workforce ,development ,fund ,section #agje7;e77#a7 of such title is amended by adding at the end the following new subparagraph3 7,c7 ,amounts in the ,fund shall be used to pay the expenses of the ,public-,private ,exchange ,program for the ,acquisition ,workforce under section #agdi of this title4 4 7c7 ,acquisition workforce employees excluded from public-,private talent exchange 7#a7 ,in general ,section #aeii;g of such title is amended by adding at the end the following new subsection3 7i7 ,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 #agdi of this title is not eligible for an assignment under this section4 4 7#b7 ,applicability ,subsection 7i7 of section #aeii;g of title #aj1 ,united ,states ,code1 as added by paragraph 7#a71 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 ,act4