,,ii #aaith ,,congress #b;d ,session ,s4 #cfgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjbf,mr4 ,kim 7for himself1 ,mr4 ,wicker1 ,mr4 ,padilla1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #ea1 ,united ,states ,code1 to authorize the ,administrator of the ,national ,aeronautics and ,space ,administration to conduct a public-private talent program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nasa ,talent ,exchange ,program ,act4 #b4 ,national ,aeronautics and ,space ,administration public-private talent program ,section #bjaac of title #ea1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7o7 ,public-,private talent program 7#a7 ,assignment authority 7,a7 ,in general ,subject to subparagraph 7,b71 the ,administrator may arrange for the temporary assignment of-- 7i7 an employee of the ,administration to a private sector entity2 or 7ii7 an employee of a private sector entity to the ,administration4 7,b7 ,agreement and consent ,the ,administrator may only arrange for an assignment under subparagraph 7,a7 if the ,administrator has obtained-- 7i7 the agreement of the private sector entity concerned2 and 7ii7 the consent of the employee concerned4 7#b7 ,agreements 7,a7 ,in general ,the ,administrator shall provide for a written agreement among the ,administrator1 the private sector entity concerned1 and the employee concerned regarding the terms and conditions of the assignment of an employee under this subsection4 7,b7 ,elements ,an agreement under subparagraph 7,a7 shall-- 7i7 in the case of an employee of the ,administration-- 7,i7 require the employee1 upon completion of the assignment1 to serve in the ,administration 7or elsewhere in the civil service of the ,federal ,government if approved by the ,administrator7 for a period equal to twice the length of the period during which the employee was assigned to the private sector entity2 and 7,,ii7 contain language prohibiting the employee from improperly using predecisional or draft deliberative information that the employee may be privy to or aware of with respect to ,administration programing1 budgeting1 resourcing1 acquisition1 or procurement for the benefit or advantage of the private sector entity to which the employee is assigned2 and 7ii7 provide that if the employee of the ,administration or of the private sector entity1 as applicable1 fails to comply with the terms of the agreement1 such employee shall be liable to the ,united ,states for payment of all expenses of the assignment1 unless such failure is for good and sufficient reason1 as determined by the ,administrator4 7,c7 ,treatment of liability for expenses 7i7 ,in general ,any amount for which an employee is liable under subparagraph 7,b77ii7 shall be treated as a debt due the ,united ,states4 7ii7 ,waiver ,the ,administrator may waive1 in whole or in part1 collection of a debt described in clause 7i7 based on a determination that collection of the debt 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 subsection may1 at any time and for any reason1 be terminated by the ,administration or the private sector entity concerned1 as applicable4 7#d7 ,duration 7,a7 ,in general ,an assignment under this subsection shall be-- 7i7 for a period not less than #ij days and not more than #b years2 and 7ii7 subject to subparagraph 7,b71 renewable for a period not more than #b years4 7,b7 ,extension ,a renewal of an assignment under this subsection may be for a period more than #b years1 but not more than #d years total1 if the ,administrator determines that the assignment is necessary to meet critical mission or program requirements4 7#e7 ,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 within the ,administration for all purposes4 ,the written agreement under paragraph 7#b7 with respect to such employee shall address the specific terms and conditions related to the continued status of the employee as a ,federal employee4 7,b7 ,certification ,in establishing a temporary assignment of an employee of the ,administration to a private sector entity under this subsection1 the ,administrator shall-- 7i7 certify that such assignment shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with such assignment2 and 7ii7 ensure that the normal duties and functions of such employee-- 7,i7 can be reasonably performed by other employees of the ,administration without the permanent transfer or reassignment of other personnel of the ,administration2 and 7,,ii7 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 #da4 7#f7 ,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 assigned2 7,b7 except as provided in subparagraph 7,c71 shall not receive pay or benefits from the ,administration2 7,c7 shall be considered to be an employee of the ,administration for 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 shall not apply to any salary1 or contribution or supplementation of salary1 made under subparagraph 7,a72 7iii7 sections #acdc1 #acdd1 and #acdi7;b7 of title #ca2 7iv7 chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act7 and any other ,federal tort liability law2 and 7v7 chapter #ba of title #da2 7,d7 shall not have access to any trade secrets or any other nonpublic information that is of commercial value to the private sector entity from which such employee is assigned2 7,e7 may not perform work that is considered inherently governmental in nature2 and 7,f7 may not be used to circumvent any limitation or restriction on the size of the workforce of the ,administration4 7#g7 ,conflicts of interest ,the ,administrator shall implement a system to identify1 mitigate1 and manage any conflict of interests that may arise as a result of the assignment of an employee under this subsection4 7#h7 ,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#i7 ,considerations ,in carrying out this subsection1 the ,administrator shall take into consideration-- 7,a7 the manner in which assignments under this subsection may best meet the needs of the ,administration with respect to the training of employees2 and 7,b7 as applicable1 areas of particular private sector expertise1 such as cybersecurity4 7#aj7 ,annual report 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this subsection1 and not later than ,april #cj each year thereafter1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report summarizing the implementation of this subsection4 7,b7 ,elements ,each report required by subparagraph 7,a7 shall include1 for the preceding fiscal year1 the following3 7i7 ,the total number of employees of private sector entities assigned to the ,administration4 7ii7 ,the total number of employees of the ,administration assigned to private sector entities4 7iii7 ,a brief description and assessment of the talent management benefits as a result of such assignments1 including-- 7,i7 an identification of the private sector entities to and from which employees were assigned2 7,,ii7 a complete listing of the positions such employees were assigned to and from2 7,,iii7 an identification of assigned roles and objectives of such assignments2 7,,iv7 the duration of each such assignment2 7,v7 the pay grades and levels of each such assignment2 and 7,,vi7 a description of any identified strategic human capital or operational challenge of such assignments4 7#aa7 ,regulations ,not later than #cj days after the date of the enactment of this subsection1 the ,administrator shall promulgate regulations to carry out this subsection4 4