119-hr5122

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5122 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5122

 To amend title 51, United States Code, to provide for a NASA public-
 private talent program, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 3, 2025

 Mrs. Sykes (for herself and Mr. Miller of Ohio) introduced the 
following bill; which was referred to the Committee on Science, Space, 
 and Technology

_______________________________________________________________________

 A BILL

 To amend title 51, United States Code, to provide for a NASA public-
 private talent program, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``NASA Talent Exchange Program Act''.

SEC. 2. NASA PUBLIC-PRIVATE TALENT PROGRAM.

 

Section 20113 of title 51, United States Code, is amended by adding 
at the end the following new subsection:
 ``

    (o) 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
 ``
            (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.
 ``
            (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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