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10 U.S.C. § 1599g — Public-private talent exchange

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1599g — Public-private talent exchange

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Stable record: federal_law:legal_authorities:record_usc_95b16bb7f9a63e8bd439cfa6
Source file: Laws/federal/codes/united-states-code/title-10/section-1599g-public-private-talent-exchange--ee4d77b804.md
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Source location: Title 10, Chapter 81, § 1599g; chapter-081-civilian-employees.md

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**(a) Assignment Authority.—** Under regulations prescribed by the Secretary of Defense, the Secretary may, with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to such private-sector organization, or from such private-sector organization to a Department of Defense organization under this section. **(b) Agreements.—** (1) The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (A) shall require that the employee of the Department of Defense, upon completion of the assignment, will 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 assignment; (B) shall provide that if the employee of the Department of Defense or of the private-sector organization (as the case may be) fails to carry out the agreement, such employee 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; and (C) shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition or procurement for the benefit or advantage of the private-sector organization. (2) An amount for which an employee is liable under paragraph (1) 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 employee. **(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) An assignment under this section shall be for a period of not less than three months and not more than two years, renewable up to a total of four years. No employee of the Department of Defense may be assigned under this section for more than a total of 4 years inclusive of all such assignments. (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. **(e) Status of Federal Employees Assigned to Private-sector Organizations.—** (1) An employee of the Department of Defense 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 work assignment in the Department for all purposes. The written agreement established under subsection (b)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (2) In establishing a temporary assignment of an employee of the Department of Defense to a private-sector organization, the Secretary of Defense shall— (A) ensure that the normal duties and functions of such employee can be reasonably performed by other employees of the Department of Defense without the permanent transfer or reassignment of other personnel of the Department of Defense, including members of the armed forces; (B) ensure that the normal duties and functions of such employees 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2461&num=0&edition=prelim); and (C) certify that the temporary assignment of such employee shall 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, 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 not perform work that is considered inherently governmental in nature; and (5) may not be used to circumvent the provision of [section 2461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2461&num=0&edition=prelim) 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) Considerations.—** In carrying out this section, the Secretary of Defense— (1) shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by [section 3703(e)(2)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3703/e/2/A&num=0&edition=prelim)); (2) shall take into consideration the question of 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 employees; and (3) shall take into consideration, where applicable, areas of particular private sector expertise, such as cybersecurity. **(i) Conflicts of Interest.—** A private-sector organization that is temporarily assigned a member of the acquisition workforce under this section 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. **(j) Funding; Use of Defense Acquisition Workforce Development Fund.—** Funds for the expenses for the program established under this section may 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1705/e/5&num=0&edition=prelim), 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. **(k) Report.—** Each member of the acquisition workforce that participates in the program established under this section shall, upon completion of such participation, submit to the President of the Defense Acquisition University for inclusion in the report required under section 1746a(e) a description and evaluation of such participation.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2461 — Public-private competition required before conversion to contractor performance

**(a) Public-Private Competition.—** (1) No function of the Department of Defense performed by Department of Defense civilian employees may be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that— (A) formally compares the cost of performance of the function by Department of Defense civilian employees with the cost of performance by a contractor; (B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A–76, as implemented on May 29, 2003, or any successor circular; (C) includes the issuance of a solicitation; (D) determines whether the submitted offers meet the needs of the Department of Defense with respect to factors other than cost, including quality, reliability, and timeliness; (E) examines the cost of performance of the function by Department of Defense civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Government over the life of the contract, including— (i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor; (ii) the estimated cost to the Government for performance of the function by Department of Defense civilian employees; and (iii) an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract; (F) requires continued performance of the function by Department of Defense civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 149 — Office of Strategic Capital

**(a) Establishment.—** There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the “Office”). **(b) Director.—** The Office shall be headed by a Director (in this section referred to as the “Director”), who shall be appointed by the Secretary from among employees in Senior Executive Service positions (as defined in [section 3132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132&num=0&edition=prelim)), or from outside the civil service who have successfully held equivalent positions. **(c) Duties.—** The Office shall— (1) develop, integrate, and implement capital investment strategies proven in the commercial sector to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets that require capital assistance and have the potential to benefit the Department of Defense; and (3) make eligible investments in such technologies and assets, such as supply chain technologies not always supported through direct investment. **(d) Non-Federal Funding Requirements for Certain Investments.—** In the case of an eligible investment made through a direct loan, not less than 80 percent of the total capital provided for the specific technology to be funded by the investment shall be derived from non-Federal sources as of the time of the investment. **(e) Pilot Program on Capital Assistance to Support Defense Investment in the Industrial Base.—** (1) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director, may carry out a pilot program under this s

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 149

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1701 — Management policies

**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense. **(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1701a — Management for acquisition workforce excellence

**(a) Purpose.—** The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce— (1) in which excellence and contribution to mission is rewarded; (2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources; (3) which serves as a model for performance management of employees of the Department; and (4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 205 of this title. **(b) Performance Management.—** In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall— (1) use the full authorities provided in subsections (a) through (d) of [section 9902 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), including flexibilities related to performance management and hiring and to training of managers; (2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim)); (3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) related to contribution-based compensation and appraisal, and how those lessons may be ap

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1705 — Department of Defense Acquisition Workforce Development Account

**(a) Establishment.—** The Secretary of Defense shall establish an account to be known as the “Department of Defense Acquisition Workforce Development Account” (in this section referred to as the “Account”) to provide funds, in addition to other funds that may be available, for the recruitment, training, and retention of acquisition personnel of the Department of Defense. **(b) Purpose.—** The purpose of the Account is to ensure that the Department of Defense acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources. **(c) Management.—** The Account shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition and Sustainment for that purpose, from among persons with an extensive background in management relating to acquisition and personnel. **(d) Elements.—** The Account shall consist of amounts appropriated to the Account by law. **(e) Availability of Funds.—** (1) **In general.—** (A) Subject to the provisions of this subsection, amounts in the Account shall be available to the Secretary of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of the Account, including for the provision of training and retention incentives to the acquisition workforce of the Department and to develop acquisition tools and methodologies, and undertake research and development activities, leading to acquisition policies and practices that will improve the efficiency a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4811 — National security strategy for national technology and industrial base

**(a) National Security Strategy for National Technology and Industrial Base.—** The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4814&num=0&edition=prelim). Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives: (1) Supplying, equipping, and supporting the force structure of the armed forces that is necessary to achieve— (A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3043&num=0&edition=prelim)); (B) the policy guidance of the Secretary of Defense provided pursuant to [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); and (C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim). (2) Sustaining production, maintenance, repair, logistics, and other activities in support of military operations of various durations and intensity. (3) Maintaining advanced research and development activities to provide the armed forces with systems capable of

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4811

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1599g — Public-private talent exchange

Page 1532 TITLE 10—ARMED FORCES § 1599g Chief Information Officer, and the Under Secretary with respect to such reviews, including such rec- ommendations as the Principal Cyber Advisor, the Chief Information Officer, and the Under Secretary may have for changes to the budget of the Department as a result of such reviews. ‘‘(j) DEFINITION OF ZERO-BASED REVIEW.—In this sec- tion, the term ‘zero-based review’ means a review in which an assessment is conducted with each item, posi- tion, or person costed anew, rather than in relation to its size or status in any previous budget.’’ ACTIONS PENDING FULL IMPLEMENTATION OF PLAN FOR CYBER MISSION FORCE POSITIONS Pub. L. 114–328, div. A, title XVI, § 1643(a), Dec. 23, 2016, 130 Stat. 2602, provided that: ‘‘Until the Secretary of Defense completes implementation of the authority in subsection (a) of section 1599f of title 10, United States Code, for United States Cyber Command work- force positions in accordance with the implementation plan required by subsection (d) of such section, the Sec- retary shall do each of the following: ‘‘(1) Notwithstanding sections 3309 through 3318 of title 5, United States Code, provide for and imple- ment an interagency transfer agreement between ex- cepted service position systems and competitive serv- ice position systems in military departments and De- fense Agencies concerned to satisfy the requirements for cyber workforce positions from among a mix of employees in the excepted service and the competi- tive service in such military departments and De- fense Agencies. ‘‘(2) Implement in the defense civilian cyber per- sonnel system a classification system commonly known as a ‘Rank-in-person’ classification system similar to such classification system used by the Na- tional

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