[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5043-S5045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2792. Mr. BROWN (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title XV, add the following:

     SEC. 1510. NASA PUBLIC-PRIVATE TALENT PROGRAM.

       Section 20113 of title 51, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(n) Public-Private Talent Program.--
       ``(1) Assignment authority.--Under policies and procedures 
     prescribed by the Administration, the Administrator may, with 
     the agreement of a private sector entity and the consent of 
     an employee of the Administration or of such entity, arrange 
     for the temporary assignment of such employee of the 
     Administration to such private sector entity, or of such 
     employee of such entity to the Administration, as the case 
     may be.
       ``(2) Agreements.--
       ``(A) In general.--The Administrator shall provide for a 
     written agreement among the Administration, the private 
     sector entity, and the employee concerned regarding the terms 
     and conditions of the employee's assignment under this 
     subsection. The agreement shall--
       ``(i) require that the employee of the Administration, upon 
     completion of the assignment, will serve in the 
     Administration, or elsewhere in the civil service if approved 
     by the Administrator, for a period equal to twice the length 
     of the assignment;
       ``(ii) provide that if the employee of the Administration 
     or of the private sector entity (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 such failure was for good and sufficient reason, as 
     determined by the Administrator; and

[[Page S5044]]

       ``(iii) contain language ensuring that such employee of the 
     Administration or of the private sector entity (as the case 
     may be) does not improperly use predecisional or draft 
     deliberative information that such employee may be privy to 
     or aware of related to Administration programing, budgeting, 
     resourcing, acquisition, or procurement for the benefit or 
     advantage of the private sector entity.
       ``(B) Treatment.--An amount for which an employee is liable 
     under subparagraph (A) shall be treated as a debt due the 
     United States.
       ``(C) Waiver.--The Administrator may waive, in whole or in 
     part, collection of a debt described in subparagraph (B) 
     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 concerned.
       ``(3) Termination.--An assignment under this section may, 
     at any time and for any reason, be terminated by the 
     Administration or the private-sector entity concerned, as the 
     case may be.
       ``(4) Duration.--
       ``(A) In general.--An assignment under this subsection 
     shall be for a period of not less than three months and not 
     more than two years, renewable up to a total of three years. 
     An employee of the Administration may not be assigned under 
     this subsection for more than a total of three years 
     inclusive of all such assignments.
       ``(B) Extension.--An assignment under this subsection may 
     be for a period in excess of two years, but not more than 
     three years, if the Administrator determines that such 
     assignment is necessary to meet critical mission or program 
     requirements.
       ``(5) Policies and procedures.--
       ``(A) In general.--The Administrator shall establish 
     policies and procedures relating to assignments under this 
     subsection.
       ``(B) Elements.--Policies and procedures established 
     pursuant to subparagraph (A) shall address the following:
       ``(i) The nature and elements of written agreements with 
     participants in assignments under this subsection.
       ``(ii) Criteria for making such assignments, including the 
     needs of the Administration relating thereto.
       ``(iii) How the Administration will oversee such 
     assignments, in particular with respect to paragraphs 
     (2)(A)(iii), (7)(C), and (7)(D).
       ``(iv) Criteria for issuing waivers.
       ``(v) How expenses under paragraph (2)(A)(ii) would be 
     determined.
       ``(vi) Guidance for participants in such assignments.
       ``(vii) Mission Directorate, Office, and organizational 
     structure to implement and manage such assignments.
       ``(viii) Any other necessary policies, procedures, or 
     guidelines to ensure such assignments comply with all 
     relevant statutory authorities and ethics rules, and 
     effectively contribute to one or more of the Administration's 
     missions.
       ``(C) Inherently governmental activities.--Assignments made 
     under this subsection shall not have responsibilities or 
     perform duties or decision making regarding Administration 
     activities that are inherently governmental, pursuant to 
     subpart 7.500 of title 48, Code of Federal Regulations, and 
     Office of Management and Budget review.
       ``(6) Status of federal employees assigned to private 
     sector entities.--
       ``(A) In general.--An employee of the Administration who is 
     assigned to a private sector entity under this subsection 
     shall be considered, during the period of such assignment, to 
     be on detail to a regular work assignment in the 
     Administration for all purposes. The written agreement 
     established under paragraph (2)(A) shall address the specific 
     terms and conditions related to such employee's continued 
     status as a Federal employee.
       ``(B) Certification.--In establishing a temporary 
     assignment of an employee of the Administration to a private 
     sector entity, 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 assignment.
       ``(7) Terms and conditions for private sector employees.--
     An employee of a private sector entity who is assigned to the 
     Administration under this subsection--
       ``(A) 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 
     Administration, except as provided in subparagraph (B);
       ``(B) is deemed to be an employee of the Administration for 
     the purposes of--
       ``(i) chapters 73 and 81 of title 5;
       ``(ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 
     607, 643, 654, 1905, and 1913 of title 18, except that such 
     section 209 does not apply to any salary, or contribution or 
     supplementation of salary made pursuant to subparagraph (A) 
     of this paragraph;
       ``(iii) sections 1343, 1344, and 1349(b) of title 31;
       ``(iv) the Federal Tort Claims Act and any other Federal 
     tort liability statute;
       ``(v) the Ethics in Government Act of 1978; and
       ``(vi) chapter 21 of title 41;
       ``(C) 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 
     assigned;
       ``(D) may not perform work that is considered inherently 
     governmental in nature, in accordance with paragraph (5)(C); 
     and
       ``(E) may not be used to circumvent--
       ``(i) section 1710 of title 41, United States Code; or
       ``(ii) any limitation or restriction on the size of the 
     Administration's civil servant workforce.
       ``(8) Additional requirements.--The Administrator shall 
     ensure that--
       ``(A) 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 
     Administration;
       ``(B) normal duties and functions of such other employees 
     of the Administration are not, as a result of and during the 
     course of such temporary assignment, performed or augmented 
     by contractor personnel in violation of section 1710 of title 
     41; and
       ``(C) not more than two percent of the Administration's 
     civil servant workforce may participate in an assignment 
     under this subsection at the same time.
       ``(9) Conflicts of interest.--The Administrator shall 
     implement a system to identify, mitigate, and manage any 
     conflicts of interests that may arise as a result of an 
     employee's assignment under this subsection.
       ``(10) 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 
     Government, as direct or indirect costs under a Federal 
     contract, 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 concerned.
       ``(11) Considerations.--In carrying out this subsection, 
     the Administrator shall take into consideration--
       ``(A) 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 employees; and
       ``(B) where applicable, areas of particular private sector 
     expertise, such as cybersecurity.
       ``(12) NASA reporting.--
       ``(A) In general.--Not later than April 30 of each year, 
     the Administrator shall submit to the Committee on Science, 
     Space, and Technology of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report summarizing the implementation of this 
     subsection.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include, with respect to the annual period to which such 
     report relates, the following:
       ``(i) Information relating to the total number of employees 
     of private sector entities assigned to the Administration, 
     and the total number of employees of the Administration 
     assigned to private sector entities.
       ``(ii) A brief description and assessment of the talent 
     management benefits evidenced from such assignments, as well 
     as any identified strategic human capital and operational 
     challenges, including the following:

       ``(I) An identification of the names of the private sector 
     entities to and from which employees were assigned.
       ``(II) A complete listing of positions such employees were 
     assigned to and from.
       ``(III) An identification of assigned roles and objectives 
     of such assignments.
       ``(IV) Information relating to the durations of such 
     assignments.
       ``(V) Information relating to associated pay grades and 
     levels.

       ``(iii) An assessment of impacts of such assignments on the 
     Administration workforce and workforce culture.
       ``(iv) An identification of the number of Administration 
     staff and budgetary resources required to implement this 
     subsection.
       ``(13) Federal ethics.--Nothing in this subsection shall 
     affect existing Federal ethics rules applicable to Federal 
     personnel.
       ``(14) GAO reporting.--
       ``(A) In general.--Not later than three years after the 
     date of the enactment of this subsection, the Comptroller 
     General of the United States shall submit to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report summarizing the 
     implementation of this subsection.
       ``(B) Contents.--The report under subparagraph (A) shall 
     include the following:
       ``(i) A review of the implementation of this subsection, 
     according to law and the Administration policies and 
     procedures established for assignments under this subsection.
       ``(ii) Information relating to the extent to which such 
     assignments adhere to best practices relating to public-
     private talent exchange programs.
       ``(iii) A determination as to whether there should be 
     limitations on the number of individuals participating in 
     such assignments.
       ``(iv) Information relating to the extent to which the 
     Administration complies with statutory requirements and 
     ethics rules, and appropriately handles potential conflicts 
     of interest and access to nonpublic information with respect 
     to such assignments.

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       ``(v) Information relating to the extent to which such 
     assignments effectively contribute to one or more of the 
     Administration's missions.
       ``(vi) Information relating to Administration resources, 
     including employee time, dedicated to administering such 
     assignments, and whether such resources are sufficient for 
     such administration.''.
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