HR5122-119

What This Bill Does

The NASA Talent Exchange Program Act creates a public-private temporary assignment authority for NASA. With the consent of the employee and agreement of the private-sector entity, the NASA Administrator may assign a NASA employee to a private entity or a private entity employee to NASA. Each assignment requires a written agreement covering terms and conditions. NASA employees must serve at NASA or elsewhere in the civil service for twice the length of the assignment after completion unless approved otherwise. Employees who fail to carry out the agreement can owe the United States assignment expenses, subject to waiver for equity and good conscience. Agreements must prevent improper use of predecisional or draft deliberative information about NASA programming, budgeting, resourcing, acquisition, or procurement for private advantage. Assignments can be terminated at any time, must last at least 3 months and not more than 2 years, can be renewed up to 3 years, and longer-than-2-year assignments require a critical mission or program determination. NASA must establish policies on agreements, criteria, oversight, waivers, expenses, participant guidance, organizational management, statutory and ethics compliance, and mission contribution. Assignees may not perform inherently governmental duties, NASA employees remain federal employees on detail, and the Administrator must certify that sending a NASA employee to a private entity will not harm NASA's mission or organizational capabilities.

Who Benefits and How

NASA technical employees benefit from temporary private-sector assignments that can build skills while preserving federal employment status. Private-sector aerospace companies benefit from access to NASA expertise and a pathway for employees to work inside NASA temporarily. NASA mission directorates benefit if outside talent fills technical gaps and NASA employees return with private-sector experience. Civil service workforce planners benefit from written service-obligation and repayment rules that reduce one-way talent loss.

Who Bears the Burden and How

NASA workforce offices must write policies, negotiate agreements, oversee assignments, track service obligations, and manage waivers. Participating employees must honor written agreements or risk debt for assignment expenses. Private-sector entities must accept ethics restrictions on predecisional NASA information and limits on inherently governmental work. NASA program offices must certify that outgoing assignments do not harm mission or organizational capabilities.

Key Provisions

• Authorizes temporary NASA-private sector employee assignments with consent and written agreements.
• Requires NASA employees to serve after assignment for twice the assignment length.
• Provides debt liability and waiver authority when participants fail to carry out agreements.
• Prohibits improper use of predecisional NASA programming, budget, acquisition, or procurement information.
• Limits assignments to 3 months through 2 years, renewable up to 3 years for critical mission needs.
• Bars inherently governmental duties and requires NASA mission-impact certification.