NASA Talent Exchange Program Act
- Bill Number
- H.R. 5122
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2025-09-03: Referred to the House Committee on Science, Space, and Technology.
- Last Updated
- 2026-04-03T20:23:57Z
AI-Generated Summary
Purpose
The NASA Talent Exchange Program Act (H.R. 5122) aims to establish a temporary employee exchange program between NASA and private sector entities. This program facilitates the sharing of expertise to support NASA's missions, such as improving training and accessing specialized skills (e.g., in cybersecurity), while maintaining safeguards against conflicts of interest and improper use of sensitive information.
Key Provisions
- Assignment Authority: NASA's Administrator can arrange temporary assignments of NASA employees to private sector entities or private employees to NASA, with agreement from all parties and under established policies.
- Written Agreements: Each assignment requires a formal agreement covering terms like post-assignment service requirements (twice the assignment length for NASA employees), repayment of costs if obligations are not met, and protections against sharing predecisional or draft information that could benefit the private entity.
- Duration and Termination: Assignments last 3 months to 2 years, renewable up to 3 years total per employee; extensions beyond 2 years are possible for critical needs. Either party can end the assignment at any time.
- Policies and Procedures: NASA must create guidelines on agreements, selection criteria, oversight, waivers for repayments, expense calculations, and ensuring compliance with ethics and laws. Assignments cannot involve inherently governmental activities (tasks only the government can perform, like certain decision-making).
- Status of Employees:
- NASA employees on assignment remain federal employees (treated as on detail) and must not harm NASA's mission.
- Private employees assigned to NASA keep their pay/benefits from their employer but are treated as federal employees for specific protections (e.g., workers' compensation, tort claims, ethics rules) without accessing trade secrets.
- Additional Requirements: Limits participation to 2% of NASA's civil servant workforce at once; ensures no circumvention of hiring limits or use of contractors for federal duties; prohibits charging assignment costs to the government under contracts; requires conflict-of-interest management.
- Reporting:
- NASA submits annual reports to Congress on participation numbers, benefits, challenges, and resources used.
- The Government Accountability Office (GAO) reviews the program after 3 years, assessing implementation, best practices, and mission contributions.
Significant Changes to Existing Law
This bill amends Section 20113 of Title 51, U.S. Code (which governs NASA's general authorities and duties), by adding a new subsection (o) specifically for the public-private talent program. It introduces a structured framework for bidirectional employee exchanges that did not previously exist in statute for NASA, while building on existing federal ethics and personnel rules without altering them.
Potential Impacts
- On Government Agencies: Enhances NASA's ability to address talent gaps and operational needs through private sector expertise, potentially improving efficiency in areas like program management and cybersecurity. It requires NASA to allocate staff and budget for oversight, with limits to prevent workforce disruptions.
- On Citizens: Could indirectly benefit the public by strengthening NASA's space exploration and innovation efforts, leading to more effective use of taxpayer funds and advanced technologies.
- On International Relations: Minimal direct impact, as the program focuses on domestic public-private exchanges, though it may support U.S. competitiveness in global space activities by bolstering NASA's capabilities.
Main Stakeholders Affected
- NASA and Its Employees: Directly involved in assignments; gain training and expertise but face service obligations and ethical restrictions.
- Private Sector Entities: Particularly in aerospace, technology, and related fields (e.g., companies providing NASA contracts); benefit from NASA knowledge while contributing talent, but must adhere to information-sharing limits.
- Congressional Committees: Oversight by the House Committee on Science, Space, and Technology and Senate Committee on Commerce, Science, and Transportation through required reports.
- GAO: Responsible for independent evaluation of the program's effectiveness.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal ethics laws (e.g., conflicts of interest under Title 18) and procurement rules (e.g., no bypassing civil service limits under Title 41), with waivers possible for equity but requiring fraud assessments. Ensures assignments comply with inherently governmental function restrictions to avoid legal challenges.
- Constitutional: Aligns with Congress's authority to regulate federal agencies (Article I) and personnel matters, without raising separation of powers issues.
- Political: Promotes bipartisan collaboration (introduced by representatives from both parties) to modernize NASA's workforce amid talent shortages; annual reporting and GAO review provide accountability, potentially influencing future funding or expansions. No overt partisan elements in the text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Sykes, Emilia Strong [D-OH-13]
Cosponsors (2)
Rep. Miller, Max L. [R-OH-7], Rep. Fitzpatrick, Brian K. [R-PA-1]
Recent Actions
- 2025-09-03: Referred to the House Committee on Science, Space, and Technology.
- 2025-09-03: Introduced in House
- 2025-09-03: Introduced in House
Bill Versions
- NASA Talent Exchange Program Act — issued 2025-09-03 — PDF (14 pages)