,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #fgga  ,,in ,,the ,,house ,,of  
,,representatives  ,december #ac1       
#bjbc,mrs4 ,sykes 7for herself and ,mr4 
,miller of ,ohio7 introduced the        
following bill2 which was referred to   
the ,committee on ,science1 ,space1 and 
,technology  ,a ,,bill  ,to amend title 
#ea1 ,united ,states ,code1 to provide  
for a ,,nasa public-private talent      
program1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,,nasa ,talent ,exchange ,program   
,act4  #b4 ,,nasa public-private talent 
program ,section #bjaac of title #ea1   
,united ,states ,code1 is amended by    
adding at the end the following new     
subsection3  7n7 ,public-,private talent
 program  7#a7 ,assignment authority    
,under policies and procedures          
prescribed by the ,administration1 the  
,administrator may1 with the agreement  
of a private sector entity and the      
consent of an employee of the           
,administration or of such entity1      

arrange for the temporary assignment of 
such employee of the ,administration to 
such private sector entity1 or of such  
employee of such entity to the          
,administration1 as the case may be4    
7#b7 ,agreements  7,a7 ,in general ,the 
,administrator shall provide for a      
written agreement among the             
,administration1 the private sector     
entity1 and the employee concerned      
regarding the terms and conditions of   
the employee's assignment under this    
subsection4 ,the agreement shall-- 7i7  
require that the employee of the        
,administration1 upon completion of the 
assignment1 will serve in the           
,administration1 or elsewhere in the    
civil service if approved by the        
,administrator1 for a period equal to   
twice the length of the assignment2     
7ii7 provide that if the employee of the
 ,administration or of the private      
sector entity 7as the case may be7 fails
 to carry out the agreement1 such       
employee shall be liable to the ,united 

,states for payment of all expenses of  
the assignment1 unless such failure was 
for good and sufficient reason1 as      
determined by the ,administrator2 and   
7iii7 contain language ensuring that    
such employee of the ,administration or 
of the private sector entity 7as the    
case may be7 does not improperly use    
predecisional or draft deliberative     
information that such employee may be   
privy to or aware of related to         
,administration programing1 budgeting1  
resourcing1 acquisition1 or procurement 
for the benefit or advantage of the     
private sector entity4  7,b7 ,treatment 
,an amount for which an employee is     
liable under subparagraph 7,a7 shall be 
treated as a debt due the ,united       
,states4  7,c7 ,waiver ,the             
,administrator may waive1 in whole or in
 part1 collection of a debt described in
 subparagraph 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 employee  
concerned4  7#c7 ,termination ,an       
assignment under this section may1 at   
any time and for any reason1 be         
terminated by the ,administration or the
 private-sector entity concerned1 as the
 case may be4  7#d7 ,duration  7,a7 ,in 
general ,an assignment under this       
subsection shall be for a period of not 
less than three months and not more than
 two years1 renewable up to a total of  
three years4 ,an employee of the        
,administration may not be assigned     
under this subsection for more than a   
total of three years inclusive of all   
such assignments4  7,b7 ,extension ,an  
assignment under this subsection may be 
for a period in excess of two years1 but
 not more than three years1 if the      
,administrator determines that such     
assignment is necessary to meet critical
 mission or program requirements4  7#e7 

,policies and procedures  7,a7 ,in      
general ,the ,administrator shall       
establish policies and procedures       
relating to assignments under this      
subsection4  7,b7 ,elements ,policies   
and procedures established pursuant to  
subparagraph 7,a7 shall address the     
following3 7i7 ,the nature and elements 
of written agreements with participants 
in assignments under this subsection4   
7ii7 ,criteria for making such          
assignments1 including the needs of the 
,administration relating thereto4  7iii7
 ,how the ,administration will oversee  
such assignments1 in particular with    
respect to paragraphs 7#b77;,a77iii71   
7#g77;,c71 and 7#g77;,d74  7iv7         
,criteria for issuing waivers4  7v7 ,how
 expenses under paragraph 7#b77;,a77ii7 
would be determined4  7vi7 ,guidance for
 participants in such assignments4      
7vii7 ,mission ,directorate1 ,office1   
and organizational structure to         
implement and manage such assignments4  
7viii7 ,any other necessary policies1   

procedures1 or guidelines to ensure such
 assignments comply with all relevant   
statutory authorities and ethics rules1 
and effectively contribute to one or    
more of the ,administration's missions4 
7,c7 ,inherently governmental activities
 ,assignments made under this subsection
 shall not have responsibilities or     
perform duties or decision making       
regarding ,administration activities    
that are inherently governmental1       
pursuant to subpart #g4ejj of title #dh1
 ,code of ,federal ,regulations1 and    
,office of ,management and ,budget      
review4  7#f7 ,status of ,federal       
employees assigned to private sector    
entities  7,a7 ,in general ,an employee 
of the ,administration who is assigned  
to a private sector entity under this   
subsection shall be considered1 during  
the period of such assignment1 to be on 
detail to a regular work assignment in  
the ,administration for all purposes4   
,the written agreement established under
 paragraph 7#b77;,a7 shall address the  

specific terms and conditions related to
 such employee's continued status as a  
,federal employee4  7,b7 ,certification 
,in establishing a temporary assignment 
of an employee of the ,administration to
 a private sector entity1 the           
,administrator shall certify that such  
temporary assignment shall not have an  
adverse or negative impact on the       
mission of the ,administration or       
organizational capabilities associated  
with such assignment4  7#g7 ,terms and  
conditions for private sector employees 
,an employee of a private sector entity 
who is assigned to the ,administration  
under this subsection-- 7,a7 shall      
continue to receive pay and benefits    
from the private sector entity from     
which such employee is assigned and     
shall not receive pay or benefits from  
the ,administration1 except as provided 
in subparagraph 7,b72  7,b7 is deemed to
 be an employee of the ,administration  
for the purposes of-- 7i7 chapters #gc  
and #ha of title #e2  7ii7 sections     

#bja1 #bjc1 #bje1 #bjg1 #bjh1 #bji1     
#fjc1 #fjf1 #fjg1 #fdc1 #fed1 #aije1 and
 #aiac of title #ah1 except that such   
section #bji does not apply to any      
salary1 or contribution or              
supplementation of salary made pursuant 
to subparagraph 7,a7 of this paragraph2 
7iii7 sections #acdc1 #acdd1 and        
#acdi7;b7 of title #ca2  7iv7 the       
,federal ,tort ,claims ,act and any     
other ,federal tort liability statute2  
7v7 the ,ethics in ,government ,act of  
#aigh2 and  7vi7 chapter #ba of title   
#da2  7,c7 shall not have access to any 
trade secrets or any other nonpublic    
information which is of commercial value
 to the private sector entity from which
 such employee is assigned2  7,d7 may   
not perform work that is considered     
inherently governmental in nature1 in   
accordance with paragraph 7#e77;,c72 and
  7,e7 may not be used to circumvent--  
7i7 section #agaj of title #da1 ,united 
,states ,code2 or  7ii7 any limitation  
or restriction on the size of the       

,administration's civil servant         
workforce4  7#h7 ,additional            
requirements ,the ,administrator shall  
ensure that-- 7,a7 the normal duties and
 functions of an employee of the        
,administration who is assigned to a    
private sector entity under this        
subsection can be reasonably performed  
by other employees of the               
,administration without the permanent   
transfer or reassignment of other       
personnel of the ,administration2  7,b7 
normal duties and functions of such     
other employees of the ,administration  
are not1 as a result of and during the  
course of such temporary assignment1    
performed or augmented by contractor    
personnel in violation of section #agaj 
of title #da2 and  7,c7 not more than   
two percent of the ,administration's    
civil servant workforce may participate 
in an assignment under this subsection  
at the same time4  7#i7 ,conflicts of   
interest ,the ,administrator shall      
implement a system to identify1         

mitigate1 and manage any conflicts of   
interests that may arise as a result of 
an employee's assignment under this     
subsection4  7#aj7 ,prohibition against 
charging certain costs to the ,federal  
,government ,a private-sector entity may
 not charge the ,administration 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 entity to  
an employee assigned to the             
,administration under this subsection   
for the period of the assignment        
concerned4  7#aa7 ,considerations ,in   
carrying out this subsection1 the       
,administrator shall take into          
consideration-- 7,a7 the question of how
 assignments under this subsection might
 best be used to help meet the needs of 
the ,administration with respect to the 
training of employees2 and  7,b7 where  
applicable1 areas of particular private 
sector expertise1 such as cybersecurity4
  7#ab7 ,,nasa reporting  7,a7 ,in      

general ,not later than ,april #cj of   
each year1 the ,administrator shall     
submit to the ,committee on ,science1   
,space1 and ,technology of the ,house of
 ,representatives and the ,committee on 
,commerce1 ,science1 and ,transportation
 of the ,senate a report summarizing the
 implementation of this subsection4     
7,b7 ,contents ,each report under       
subparagraph 7,a7 shall include1 with   
respect to the annual period to which   
such report relates1 the following3 7i7 
,information relating to the total      
number of employees of private sector   
entities assigned to the                
,administration1 and the total number of
 employees of the ,administration       
assigned to private sector entities4    
7ii7 ,a brief description and assessment
 of the talent management benefits      
evidenced from such assignments1 as well
 as any identified strategic human      
capital and operational challenges1     
including the following3 7,i7 ,an       
identification of the names of the      

private sector entities to and from     
which employees were assigned4  7,,ii7  
,a complete listing of positions such   
employees were assigned to and from4    
7,,iii7 ,an identification of assigned  
roles and objectives of such            
assignments4  7,,iv7 ,information       
relating to the durations of such       
assignments4  7,v7 ,information relating
 to associated pay grades and levels4   
7iii7 ,an assessment of impacts of such 
assignments on the ,administration      
workforce and workforce culture4  7iv7  
,an identification of the number of     
,administration staff and budgetary     
resources required to implement this    
subsection4  7#ac7 ,federal ethics      
,nothing in this subsection shall affect
 existing ,federal ethics rules         
applicable to ,federal personnel4  7#ad7
 ,,gao reporting  7,a7 ,in general ,not 
later than three years after the date of
 the enactment of this subsection1 the  
,comptroller ,general of the ,united    
,states shall submit to the ,committee  

on ,science1 ,space1 and ,technology of 
the ,house of ,representatives and the  
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate a report 
summarizing the implementation of this  
subsection4  7,b7 ,contents ,the report 
under subparagraph 7,a7 shall include   
the following3 7i7 ,a review of the     
implementation of this subsection1      
according to law and the ,administration
 policies and procedures established for
 assignments under this subsection4     
7ii7 ,information relating to the extent
 to which such assignments adhere to    
best practices relating to              
public-private talent exchange programs4
  7iii7 ,a determination as to whether  
there should be limitations on the      
number of individuals participating in  
such assignments4  7iv7 ,information    
relating to the extent to which the     
,administration complies with statutory 
requirements and ethics rules1 and      
appropriately handles potential         
conflicts of interest and access to     

nonpublic information with respect to   
such assignments4  7v7 ,information     
relating to the extent to which such    
assignments effectively contribute to   
one or more of the ,administration's    
missions4  7vi7 ,information relating to
 ,administration resources1 including   
employee time1 dedicated to             
administering such assignments1 and     
whether such resources are sufficient   
for such administration4  4