TALENT Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Training Acquisition 4 Leaders and Elevating New Talent Act of 2019’’ or the 5 ‘‘TALENT Act’’. 6 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2944 IH SEC. 2. PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE 1 ACQUISITION WORKFORCE. 2 (a) IN GENERAL.—Subchapter IV of chapter 87 of 3 title 10, United States Code, is amended by adding at the 4 end the following new section: 5 ‘‘§ 1749. Public-private exchange program for the ac- 6 quisition workforce 7 ‘‘(a) ASSIGNMENT AUTHORITY.—(1) The Secretary 8 may, by rule, establish a program to be known as the 9 ‘Public-Private Exchange Program for the Acquisition 10 Workforce’ to temporarily assign a member of the acquisi- 11 tion workforce to a private-sector organization or an em- 12 ployee of a private-sector organization to the Department 13 of Defense if— 14 ‘‘(A) pursuant to an agreement between the 15 Secretary, the private-sector organization, and the 16 individual to be temporarily assigned described in 17 subsection (b); and 18 ‘‘(B) with the consent of the individual to be 19 temporarily assigned. 20 ‘‘(2) Members of the acquisition workforce are eligible 21 for a temporary assignment under this section as follows: 22 ‘‘(A) Civilians in any of grades GS–12 through 23 GS–15 under the General Schedule or, for employees 24 participating in the demonstration project under sec- 25 tion 1762 of this title, the equivalent. 26 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2944 IH ‘‘(B) Members of the armed forces serving in 1 any of pay grades O–3 through O–6. 2 ‘‘(3) A private-sector organization shall not be consid- 3 ered to have a conflict of interest with the Department 4 of Defense solely because of participation in the program 5 established under this section. 6 ‘‘(b) AGREEMENTS.—(1) An agreement entered into 7 under this section shall include the following: 8 ‘‘(A) The terms and conditions of a temporary 9 assignment. 10 ‘‘(B) In the case of an agreement for the tem- 11 porary assignment of a member of the acquisition 12 workforce, a requirement that the member of the ac- 13 quisition workforce, upon completion of the tem- 14 porary assignment, will— 15 ‘‘(i) if a member of the armed forces, serve 16 in the armed forces for a period equal to twice 17 the length of the temporary assignment (in ad- 18 dition to any other period of obligated service); 19 or 20 ‘‘(ii) if a civilian, serve in the Department 21 of Defense, or elsewhere in the civil service if 22 approved by the Secretary, for a period equal to 23 twice the length of the temporary assignment. 24 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2944 IH ‘‘(C) A provision that if the individual to be 1 temporarily assigned fails to carry out the agree- 2 ment, such individual shall be liable to the United 3 States for payment of all expenses of the assign- 4 ment, unless that failure was for good and sufficient 5 reason, as determined by the Secretary of Defense. 6 ‘‘(D) In the case of an agreement for the tem- 7 porary assignment of a member of the acquisition 8 workforce, language ensuring that such member of 9 the acquisition workforce does not improperly use 10 pre-decisional or draft deliberative information that 11 such member may be privy to or aware of related to 12 Department programing, budgeting, resourcing, ac- 13 quisition, or procurement for the benefit or advan- 14 tage of the private-sector organization. 15 ‘‘(2) An amount for which an individual is liable 16 under paragraph (1)(C) shall be treated as a debt due the 17 United States. 18 ‘‘(3) The Secretary may waive, in whole or in part, 19 collection of a debt described in paragraph (2) based on 20 a determination that the collection would be against equity 21 and good conscience and not in the best interests of the 22 United States, after taking into account any indication of 23 fraud, misrepresentation, fault, or lack of good faith on 24 the part of the individual who is liable for the debt. 25 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2944 IH ‘‘(c) TERMINATION.—An assignment under this sec- 1 tion may, at any time and for any reason, be terminated 2 by the Department of Defense or the private-sector orga- 3 nization concerned. 4 ‘‘(d) DURATION.—(1) Except as provided in para- 5 graph (2), an assignment under this section shall be for 6 a period of not more than two years, renewable up to a 7 total of four years. 8 ‘‘(2) An assignment under this section may be for a 9 period in excess of two years, but not more than four 10 years, if the Secretary determines that such assignment 11 is necessary to meet critical mission or program require- 12 ments. 13 ‘‘(3) A member of the acquisition workforce may not 14 be assigned under this section for more than a total of 15 four years inclusive of all such assignments. 16 ‘‘(e) STATUS OF INDIVIDUALS ASSIGNED TO PRI- 17 VATE-SECTOR ORGANIZATIONS.—(1) A member of the ac- 18 quisition workforce who is assigned to a private-sector or- 19 ganization under this section shall be considered, during 20 the period of assignment, to be on detail to a regular duty 21 or work assignment, as applicable, in the Department for 22 all purposes. 23 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2944 IH ‘‘(2) In the case of a civilian member of the acquisi- 1 tion workforce, the written agreement established under 2 subsection (b)(1)— 3 ‘‘(A) shall address the specific terms and condi- 4 tions related to the civilian member’s continued sta- 5 tus as a Federal employee; and 6 ‘‘(B) in the case of an assignment of nine 7 months or longer, shall provide that, if the civilian 8 member successfully completes the assignment (as 9 determined by the Secretary), the civilian member 10 shall be eligible for consideration for placement in a 11 new position under programs of the Department of 12 Defense providing priority placement to certain em- 13 ployees. 14 ‘‘(3) With respect to an assignment of a member of 15 the acquisition workforce under this section, the Sec- 16 retary— 17 ‘‘(A) may, in the case of a civilian member of 18 the acquisition workforce, provide for the perform- 19 ance, during the member’s absence, of the normal 20 duties and functions of that member by making a 21 temporary or term appointment under general civil 22 service authorities for such appointments; 23 ‘‘(B) shall ensure that the normal duties and 24 functions of the civilian member of the acquisition 25 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2944 IH workforce described in subparagraph (A) can be rea- 1 sonably performed by other personnel of the Depart- 2 ment of Defense without the permanent transfer or 3 permanent reassignment of other personnel of the 4 Department of Defense, including members of the 5 armed forces; 6 ‘‘(C) shall ensure that the normal duties and 7 functions of the acquisition workforce member are 8 not, as a result of and during the course of such 9 temporary assignment, performed or augmented by 10 contractor personnel in violation of the provisions of 11 section 2461 of this title; and 12 ‘‘(D) shall certify that the temporary assign- 13 ment of the acquisition workforce member will not 14 have an adverse or negative impact on mission at- 15 tainment, warfighter support, or organizational ca- 16 pabilities associated with the assignment. 17 ‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR 18 EMPLOYEES.—An employee of a private-Sector organiza- 19 tion who is assigned to a Department of Defense organiza- 20 tion under this section— 21 ‘‘(1) shall continue to receive pay and benefits 22 from the private-sector organization from which such 23 employee is assigned and shall not receive pay or 24 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2944 IH benefits from the Department of Defense, except as 1 provided in paragraph (2); 2 ‘‘(2) is deemed to be an employee of the De- 3 partment of Defense for the purposes of— 4 ‘‘(A) chapters 73 and 81 of title 5; 5 ‘‘(B) sections 201, 203, 205, 207, 208, 6 209, 603, 606, 607, 643, 654, 1905, and 1913 7 of title 18; 8 ‘‘(C) sections 1343, 1344, and 1349(b) of 9 title 31; 10 ‘‘(D) the Federal Tort Claims Act and any 11 other Federal tort liability statute; 12 ‘‘(E) the Ethics in Government Act of 13 1978; and 14 ‘‘(F) chapter 21 of title 41; 15 ‘‘(3) shall not have access to any trade secrets 16 or to any other nonpublic information which is of 17 commercial value to the private-sector organization 18 from which such employee is assigned; 19 ‘‘(4) may perform work that is considered in- 20 herently governmental in nature only when requested 21 in writing by the Secretary of Defense; and 22 ‘‘(5) may not be used to circumvent the provi- 23 sion of section 2461 of this title nor to circumvent 24 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2944 IH any limitation or restriction on the size of the De- 1 partment’s workforce. 2 ‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN 3 COSTS TO THE FEDERAL GOVERNMENT.—A private-sec- 4 tor organization may not charge the Department or any 5 other agency of the Federal Government, as direct or indi- 6 rect costs under a Federal contract, the costs of pay or 7 benefits paid by the organization to an employee assigned 8 to a Department organization under this section for the 9 period of the assignment. 10 ‘‘(h) CONSIDERATION OF TRAINING NEEDS FOR 11 MEMBERS OF THE ACQUISITION WORKFORCE.—In car- 12 rying out this section, the Secretary of Defense shall take 13 into consideration how assignments under this section 14 might best be used to help meet the needs of the Depart- 15 ment of Defense with respect to the training of members 16 of the acquisition workforce. 17 ‘‘(i) FUNDING; USE OF DEFENSE ACQUISITION 18 WORKFORCE DEVELOPMENT FUND.—Funds for the ex- 19 penses for the program established under this section shall 20 be provided from amounts in the Department of Defense 21 Acquisition Workforce Development Fund. Expenses for 22 the program include— 23 ‘‘(1) notwithstanding section 1705(e)(5) of this 24 title, the base salary of a civilian member of the ac- 25 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2944 IH quisition workforce assigned to a private-sector orga- 1 nization under this section, during the period of that 2 assignment; 3 ‘‘(2) expenses relating to assignment under this 4 section of a member of the acquisition workforce 5 away from the member’s regular duty station, in- 6 cluding expenses for travel, per diem, and lodging; 7 and 8 ‘‘(3) expenses for the administration of the pro- 9 gram.’’. 10 (2) CLERICAL AMENDMENT.—The table of sec- 11 tions at the beginning of such subchapter is amend- 12 ed by adding at the end the following new item: 13 ‘‘1749. Public-private exchange program for the acquisition workforce.’’. (b) USE OF DEFENSE ACQUISITION WORKFORCE 14 DEVELOPMENT FUND.—Section 1705(e)(1) of such title 15 is amended by adding at the end the following new sub- 16 paragraph: 17 ‘‘(C) Amounts in the Fund shall be used to 18 pay the expenses of the Public-Private Ex- 19 change Program for the Acquisition Workforce 20 under section 1749 of this title.’’. 21 (c) ACQUISITION WORKFORCE EMPLOYEES EX- 22 CLUDED FROM PUBLIC-PRIVATE TALENT EXCHANGE.— 23 VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2944 IH (1) IN GENERAL.—Section 1599g of such title 1 is amended by adding at the end the following new 2 subsection: 3 ‘‘(i) ACQUISITION WORKFORCE EM- 4 PLOYEES.—An employee of the Depart- 5 ment of Defense who is eligible for the 6 Public-Private Exchange Program for the 7 Acquisition Workforce under section 1749 8 of this title is not eligible for an assign- 9 ment under this section.’’. 10 (2) APPLICABILITY.—Subsection (i) of section 11 1599g of title 10, United States Code, as added by 12 paragraph (1), shall not apply to an employee of the 13 Department of Defense who entered into an agree- 14 ment under that section before the date of the enact- 15 ment of this Act. 16 Æ VerDate Sep 11 2014 21:59 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2944.IH H2944 pamtmann on DSKBFK8HB2PROD with BILLS