workforce described in subparagraph (A) can be rea-
sonably performed by other personnel of the Depart-
ment 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 assign-
ment of the acquisition workforce member will not 
have an adverse or negative impact on mission at-
tainment, warfighter support, or organizational ca-
pabilities associated with the assignment. 
‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR 
EMPLOYEES.—An employee of a private-Sector organiza-
tion who is assigned to a Department of Defense organiza-
tion 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 
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benefits from the Department of Defense, except as 
provided in paragraph (2); 
‘‘(2) is deemed to be an employee of the De-
partment 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 in-
herently governmental in nature only when requested 
in writing by the Secretary of Defense; and 
‘‘(5) may not be used to circumvent the provi-
sion of section 2461 of this title nor to circumvent 
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any limitation or restriction on the size of the De-
partment’s workforce. 
‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN 
COSTS TO THE FEDERAL GOVERNMENT.—A private-sec-
tor organization may not charge the Department or any 
other agency of the Federal Government, as direct or indi-
rect 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 car-
rying 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 Depart-
ment 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 ex-
penses 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 ac-
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quisition workforce assigned to a private-sector orga-
nization 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, in-
cluding expenses for travel, per diem, and lodging; 
and 
‘‘(3) expenses for the administration of the pro-
gram.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed 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 sub-
paragraph: 
‘‘(C) Amounts in the Fund shall be used to 
pay the expenses of the Public-Private Ex-
change Program for the Acquisition Workforce 
under section 1749 of this title.’’. 
(c) ACQUISITION
WORKFORCE
EMPLOYEES
EX-
CLUDED FROM PUBLIC-PRIVATE TALENT EXCHANGE.— 
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(1) IN GENERAL.—Section 1599g of such title 
is amended by adding at the end the following new 
subsection: 
‘‘(i) ACQUISITION
WORKFORCE
EM-
PLOYEES.—An employee of the Depart-
ment 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 assign-
ment 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 agree-
ment under that section before the date of the enact-
ment of this Act. 
Æ 
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