[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5466 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5466

   To secure the United States technological edge in commercial and 
                           military aviation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2016

 Mr. Knight (for himself and Mr. Honda) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology, 
and in addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To secure the United States technological edge in commercial and 
                           military aviation.

    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 ``Aeronautics Innovation Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Aviation accounts for more than $1,500,000,000,000 of 
        total United States economic activity annually and is one of 
        the few industries that generates a positive trade balance, 
        including $82,500,000,000 in 2015 alone.
            (2) Growth in the commercial aircraft market is projected 
        to offer 8 to 10 trillion dollars in new aircraft sales, parts, 
        and services over the next 17 years. International governments 
        are boosting their research and development investments to give 
        their domestic industries competitive advantages in the 
        aircraft market.
            (3) NASA's aeronautics research and collaborative ventures 
        yield innovations that can eventually be utilized in the 
        commercial sector, opening up entirely new markets, enabling 
        the United States aviation industry to grow and maintain global 
        competitiveness, providing high-quality engineering and 
        manufacturing jobs, and benefiting the quality of life for our 
        citizens.
            (4) All of NASA's other directorates and capabilities, 
        including those in space, depend on research and technology 
        that originated and is maintained in NASA's Aeronautics 
        Centers.
            (5) Aviation plays a central role in our national security 
        strategy, and our technological advantage over potential 
        adversaries must be maintained with sustained and focused 
        research and development.
            (6) NASA Aeronautics Research Mission Directorate's six 
        strategic thrusts (safe, efficient growth in global operations; 
        innovation in commercial supersonic aircraft; ultra-efficient 
        commercial vehicles; transition to low-carbon propulsion; real-
        time, system-wide safety assurance; and assured autonomy for 
        aviation transformation) are effective and necessary research 
        areas for the development of next generation aeronautics 
        technology that will preserve the United States lead in the 
        global aviation industry.
            (7) Continued progress in the science and technology of 
        aeronautics is crucial to the United States sustained economic 
        success and the protection of the United States security 
        interests at home and around the world, as acknowledged in the 
        2006 National Aeronautics Research and Development Policy. To 
        ensure Federal efforts remain on a disciplined path to meet 
        national objectives, the Director of the Office of Science and 
        Technology Policy is responsible for the implementation and 
        biennial review of the Nation's aeronautics research and 
        development plan.
            (8) We need an aeronautics program worthy of the United 
        States of America and capable of meeting our 21st century 
        challenges.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NASA.
            (2) Aeronautics strategic implementation plan.--The term 
        ``Aeronautics Strategic Implementation Plan'' means the 
        Aeronautics Strategic Implementation Plan issued by the NASA 
        Aeronautics Research Mission Directorate.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Armed Services, the Committee on Science, Space, and 
        Technology, and the Committee on Appropriations of the House of 
        Representatives and the Committee on Armed Services, the 
        Committee on Commerce, Science, and Transportation, and the 
        Committee on Appropriations of the Senate.
            (4) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.

SEC. 4. EXPERIMENTAL PLANE PROGRAMS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) developing high-risk, precompetitive aerospace 
        technology for which there is not yet a profit rationale is a 
        fundamental NASA role;
            (2) near-full-scale to full-scale vehicle flight test 
        experimentation and validation are necessary for--
                    (A) transitioning new technologies to commercial 
                and military aeronautics use; and
                    (B) capturing the full breadth of benefits from the 
                Aeronautics Research Mission Directorate's investments 
                in priority programs called for in--
                            (i) the National Aeronautics Research and 
                        Development Plan issued by the National Science 
                        and Technology Council in February 2010;
                            (ii) the NASA 2014 Strategic Plan; and
                            (iii) the Aeronautics Strategic 
                        Implementation Plan;
            (3) a level of funding that adequately supports full-scale 
        experimentation and related infrastructure must be assured over 
        a sustained period of time to restore NASA's capacity to see 
        legacy priority programs through to completion and achieve 
        national economic and security objectives;
            (4) NASA should establish a long-term goal of increasing 
        its Aeronautics research spending, over time, to 10 percent of 
        its overall budget; and
            (5) NASA's gradual completion of Next Generation Air 
        Transportation System tools and technologies will allow NASA to 
        refocus its resources on its traditional studies of the 
        problems of flight with a view to their practical solutions.
    (b) National Policy.--It is the policy of the United States to 
maintain world leadership in air power projection and industrial 
aviation leadership, and to this end one of the fundamental objectives 
of NASA aeronautics research is the steady progression and expansion of 
high-speed flight capabilities, including the underlying 
aerothermodynamics, high temperature structures, propulsion, and flight 
controls science and technologies.
    (c) Establishment of Programs.--NASA shall establish the following 
full-scale technology, experimental flight research, multidisciplinary, 
and revolutionary concepts programs to demonstrate innovative advances 
in aeronautics and aviation and the feasibility of transformative ideas 
and concepts:
            (1) A low-boom supersonic aircraft program, to demonstrate 
        supersonic aircraft designs and technologies that reduce sonic 
        boom noise to levels that will encourage the repeal of domestic 
        and international bans on commercial supersonic flight 
        overland.
            (2) Three subsonic flight programs, from among the ultra-
        efficient X-Plane and hybrid-electric X-Plane programs, each 
        centered around a set of new configuration concepts or 
        technologies determined by the Administrator of NASA, to--
                    (A) enable significant increases in energy 
                efficiency and lower life cycle emissions in the 
                aviation system;
                    (B) demonstrate transformative propulsion systems, 
                as described in the 3rd and 4th strategic thrusts of 
                the Aeronautics Strategic Implementation Plan (ultra-
                efficient commercial vehicles and the transition to 
                low-carbon propulsion);
                    (C) introduce and integrate a progression of 
                technologies and systems enabling transformative levels 
                of environmental-related performance improvements in 
                the next generations of large civil air transports; and
                    (D) culminate in large-scale X-Plane 
                demonstrations.
            (3) An unmanned aircraft operations program that--
                    (A) researches, develops, and tests capabilities 
                and concepts for integrating unmanned aircraft systems 
                into the national airspace system;
                    (B) advances technologies for a future unmanned 
                aircraft traffic management system for low altitude 
                operations;
                    (C) advances technologies for unmanned vehicles and 
                informs airworthiness requirements for all categories 
                of unmanned systems;
                    (D) benefits industry, especially as operations 
                transition to more autonomous systems; and
                    (E) is consistent with national safety and national 
                security objectives.
    (d) Program Elements.--For each of the programs established under 
subsection (c), NASA shall--
            (1) include development of experimental aircraft (X-Plane), 
        experimental systems (X-System), multiple technologies, and all 
        necessary supporting flight assets;
            (2) pursue a robust technology maturation and flight 
        validation program that addresses challenges in technology 
        development and maturation;
            (3) improve necessary facilities and flight testing 
        capabilities to support the program;
            (4) coordinate demonstrations with the aviation community, 
        the armed services, and the Defense Advanced Research Projects 
        Agency; and
            (5) ensure that the program remains aligned with the 
        Aeronautics Strategic Implementation Plan.
    (e) Crowdsourcing Pilot Program.--
            (1) Establishment.--The Administrator shall establish a 
        crowdsourcing pilot program to allow NASA to experiment with 
        the crowdsourcing of early stage experimental aerospace vehicle 
        design work.
            (2) Mechanism.--As part of such program, NASA shall 
        establish a mechanism from which to crowdsource the preliminary 
        designs of advanced aerospace vehicles that will increase the 
        speed, range, capacity, safety, and affordability of aerospace 
        transportation, such as supersonic or hypersonic aircraft.
            (3) Private sector experts.--NASA may work with private 
        sector subject matter experts in crowdsourcing to assist in the 
        development of the pilot program.
            (4) Sunset.--This pilot program shall terminate 5 years 
        after the date of enactment of this Act.
            (5) Report.--NASA shall report to the appropriate 
        congressional committees at the end of the pilot program to 
        communicate lessons learned under the program and make 
        recommendations for how benefits of crowdsourcing may be more 
        broadly applied to NASA objectives.

SEC. 5. HYPERSONICS.

    (a) Sense of Congress.--It is the sense of Congress that the 
Nation's understanding of hypersonic technologies and weapons will play 
an increasingly important role in our national security. Maintaining 
United States preeminence in hypersonics research and development is 
key to our military's ability to project power and defend the homeland 
as our adversaries also seek to develop hypersonic capabilities.
    (b) Policy.--It is the policy of the United States to maintain a 
clear and consistent commitment to a disciplined research, development, 
and testing strategy to bring hypersonic technology to maturity on a 
schedule that sustains the United States strategic military edge.
    (c) Joint Technology Office on Hypersonics.--Section 218 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 10 U.S.C. 2358 note), as most recently amended by 
section 1079(f) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-192; 129 Stat. 999), is amended by striking 
subsections (c) through (e) and inserting the following:
    ``(c) Responsibilities.--In carrying out the program required by 
subsection (b), the joint technology office established under 
subsection (a) shall do the following:
            ``(1) Coordinate and integrate current and future research, 
        development, test, and evaluation programs and system 
        demonstration programs of the Department of Defense on 
        hypersonics.
            ``(2) Undertake appropriate actions to ensure--
                    ``(A) close and continuous integration of the 
                programs on hypersonics of the military departments 
                with the programs on hypersonics across the Federal 
                Government; and
                    ``(B) that both foundational research and 
                developmental testing resources are adequate and 
                robustly funded, and that facilities are made available 
                in a timely manner to support hypersonics research, 
                demonstration programs, and system development.
            ``(3) Approve demonstration programs on hypersonic systems 
        to speed operational applications.
            ``(4) Ensure that any demonstration program on hypersonic 
        systems that is carried out in any year after its approval 
        under paragraph (3) is carried out only if certified under 
        subsection (e) as being consistent with the roadmap under 
        subsection (d).
            ``(5) Develop a well-defined path for hypersonic 
        technologies to transition to operational capabilities for the 
        warfighter.
    ``(d) Roadmap.--
            ``(1) Roadmap required.--The joint technology office 
        established under subsection (a) shall develop and maintain a 
        roadmap for the hypersonics programs of the Department of 
        Defense. The Secretary of Defense shall ensure that all 
        elements of the roadmap are updated to reflect changes in 
        national hypersonics assessments and needs not less than once 
        every two years.
            ``(2) Coordination.--The roadmap shall be developed and 
        updated under paragraph (1) in coordination with--
                    ``(A) the Joint Staff;
                    ``(B) the National Security Council;
                    ``(C) the Administrator of the National Aeronautics 
                and Space Administration;
                    ``(D) the Director of the Office of Science and 
                Technology Policy;
                    ``(E) the Director of the Defense Advanced Research 
                Projects Agency; and
                    ``(F) the Director of National Intelligence.
            ``(3) Elements.--The roadmap shall include the following 
        matters:
                    ``(A) Anticipated or potential mission requirements 
                for offensive hypersonics systems and defenses against 
                hypersonics systems of potential adversaries.
                    ``(B) Short-term, mid-term, and long-term goals for 
                Department of Defense hypersonics, which shall be 
                consistent with the missions and anticipated 
                requirements of the Department over the applicable 
                period.
                    ``(C) A schedule for meeting such goals, 
                including--
                            ``(i) the activities and funding 
                        anticipated to be required for meeting such 
                        goals; and
                            ``(ii) the activities of the National 
                        Aeronautics and Space Administration to be 
                        leveraged by the Department of Defense to meet 
                        such goals.
                    ``(D) The research, development, test, and 
                evaluation facilities required to support the 
                activities identified in subparagraph (C), along with 
                the schedule and funding required to upgrade those 
                facilities, as necessary.
                    ``(E) Recommendations on the programmatic resources 
                necessary for each agency to advance the collective 
                goals and priorities of the roadmap in an efficient, 
                sustained manner.
                    ``(F) Recommendations to transition hypersonic 
                science and technology to operational capabilities for 
                the warfighter.
                    ``(G) Acquisition transition plans for hypersonics.
            ``(4) Submittal to congress.--The Secretary of Defense 
        shall submit to the congressional defense committees--
                    ``(A) at the same time as the submittal to Congress 
                of the budget for fiscal year 2018 (as submitted 
                pursuant to section 1105 of title 31, United States 
                Code), the roadmap developed under paragraph (1); and
                    ``(B) at the same time as the submittal to Congress 
                of the budget for each even-numbered fiscal year after 
                2018, the roadmap updated under paragraph (1).
    ``(e) Annual Review and Certification of Funding.--
            ``(1) Annual review.--The joint technology office 
        established under subsection (a) shall conduct, on an annual 
        basis, a review of--
                    ``(A) the funding available for research, 
                development, test, and evaluation programs and 
                demonstration programs within the Department of Defense 
                for hypersonics, in order to determine whether or not 
                such funding is consistent with the roadmap developed 
                under subsection (d); and
                    ``(B) the hypersonics demonstration programs of the 
                Department of Defense, in order to determine whether or 
                not such programs avoid duplication of effort and 
                support the goals of the Department in a manner 
                consistent with the roadmap developed under subsection 
                (d).
            ``(2) Certification.--The joint technology office 
        established under subsection (a) shall, as a result of each 
        review under paragraph (1), certify to the Secretary of Defense 
        whether or not the funding and programs subject to such review 
        are consistent with the roadmap developed under subsection (d).
            ``(3) Termination.--The requirements of this subsection 
        shall terminate after the submittal to Congress of the budget 
        for fiscal year 2021 pursuant to section 1105 of title 31, 
        United States Code.
    ``(f) Reports to Congress.--If, as a result of a review under 
subsection (e), funding or a program on hypersonics is certified under 
that subsection not to be consistent with the roadmap developed under 
subsection (d), the Secretary of Defense shall submit to the 
congressional defense committees, at the same time as the submittal to 
Congress of the budget (as submitted pursuant to section 1105 of title 
31, United States Code), a report on such funding or program, as the 
case may be, describing how such funding or program is not consistent 
with the roadmap, together with a statement of the actions to be taken 
by the Department of Defense.
    ``(g) Head of Office.--The Secretary of Defense shall appoint an 
individual who is a recognized authority in the field of hypersonics to 
serve as the Director of the joint technology office established under 
subsection (a). The Director shall serve as the head of the office and 
as the principal adviser to the Office of the Secretary of Defense on 
all matters related to hypersonics, reporting directly to the Deputy 
Secretary of Defense.
    ``(h) Staff.--Secretary of Defense shall fix the compensation of 
the Director and shall appoint and fix the compensation of such other 
personnel as may be necessary to enable the joint technology office 
established under subsection (a) to carry out its functions.''.
    (d) Interagency Research, Development, Testing, and Evaluation 
Coordination.--The Director of the Office of Science and Technology 
Policy, through the National Science and Technology Council, shall 
ensure that Federal hypersonics research, development, testing, and 
evaluation activities are coordinated and executed pursuant to a 
disciplined investment plan. In doing so, the Director shall--
            (1) develop and maintain a strategic plan to advance the 
        United States hypersonics research, development, test and 
        evaluation goals in an efficient, sustained manner;
            (2) identify test and evaluation infrastructure critical to 
        hypersonics research, development, testing, and evaluation and 
        make recommendations to the President for upgrading those 
        facilities as necessary;
            (3) promote policies for a robust hypersonics workforce; 
        and
            (4) encourage Federal agencies conducting hypersonics 
        research, development, testing, and evaluation to develop and 
        promote policies that sustain their respective agencies' 
        efforts in implementing the coordinated Federal hypersonics 
        agenda.
    (e) Air Force Hypersonics Capabilities Acquisition.--The Secretary 
of the Air Force shall consider findings from all Federal research, 
development, and demonstration projects that relate to hypersonics in 
making and executing acquisition plans for the Air Force.
    (f) Civilian Hypersonics Report.--Not later than 120 days after the 
date of enactment of this Act, NASA shall transmit to Congress a report 
that--
            (1) collects broad civilian input identifying benefits to 
        the private sector and universities from NASA support for 
        precompetitive hypersonics science; and
            (2) contains a list of proposed research and technology 
        investments, prioritized on the basis of the national interest 
        that will be served, potential economic impact, and cost of 
        each such technology investment proposal.
    (g) 21st Century Hypersonics Workforce.--
            (1) Research and development capabilities.--
                    (A) In general.--In order to build and prepare the 
                workforce for hypersonics development, the Air Force 
                Office of Scientific Research, the Office of Naval 
                Research, and the appropriate Department of the Army 
                science and technology entities, in consultation with 
                the Director of the Office of Science and Technology 
                Policy, through the National Science and Technology 
                Council, shall expand, intensify, and coordinate 
                programs and activities with research institutions to 
                strengthen their capabilities for research and 
                development of hypersonics technology and related 
                education and training.
                    (B) Grants.--To carry out subparagraph (A), the Air 
                Force Office of Scientific Research, the Office of 
                Naval Research, and the appropriate Department of the 
                Army science and technology entities may make grants to 
                research institutions. Each such grant shall be for a 
                period of not to exceed 3 years, and may be extended 
                for one or more additional periods not exceeding 3 
                years if--
                            (i) the recipient's program has been 
                        reviewed and approved by an appropriate 
                        technical and scientific peer review group 
                        established by the Director of the Air Force 
                        Office of Scientific Research, the Office of 
                        Naval Research, or the appropriate Department 
                        of the Army science and technology entity; and
                            (ii) such group has recommended to the 
                        appropriate Director that such grant period 
                        should be extended.
            (2) Pilot programs.--Not later than 180 days after the date 
        of enactment of this Act, the Director of the Office of Science 
        and Technology Policy, through the National Science and 
        Technology Council, shall recommend to the Air Force Office of 
        Scientific Research, the Office of Naval Research, and the 
        appropriate Department of the Army science and technology 
        entities a series of hypersonics technology prototype projects 
        to be completed over the next 2-5 years that meet research 
        objectives specified in the joint technology office hypersonics 
        roadmap developed under section 218(d) of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007, as 
        added by subsection (c) of this section or the civilian 
        hypersonics report transmitted under subsection (f).

SEC. 6. 21ST CENTURY AERONAUTICS RESEARCH CAPABILITIES INITIATIVE.

    (a) Establishment.--The Administrator shall establish a 21st 
Century Aeronautics Capabilities Initiative, within the Construction of 
Facilities Account, to ensure that NASA possesses the infrastructure 
capabilities necessary to conduct proposed flight demonstration 
projects across the range of NASA aeronautics interests. As part of 
such Initiative, the Administrator shall carry out the following 
activities:
            (1) Any investments necessary to upgrade and create 
        facilities for civil and national security aeronautics research 
        to support advancements in long-term foundational science and 
        technology, advanced aircraft systems, air traffic management 
        systems, fuel efficiency, system-wide safety assurance, 
        autonomous aviation, and supersonic and hypersonic aircraft 
        design and development.
            (2) Any measures supporting flight testing activities, to 
        include continuous refinement and development of free-flight 
        test techniques and methodologies, upgrades and improvements to 
        real-time tracking and data acquisition, and any other measures 
        related to aeronautics research support and modernization as 
        the Administrator may consider appropriate to carry out the 
        scientific study of the problems of flight, with a view to 
        their practical solution.
    (b) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated to NASA 
$40,000,000, to be derived from amounts otherwise authorized to be 
appropriated to NASA.
    (c) Report.--
            (1) Report required.--Not later than 60 days after the date 
        of enactment of this Act, the Administrator shall transmit to 
        Congress a report containing a 5-year plan for the 
        implementation of the 21st Century Aeronautics Research 
        Capabilities Initiative.
            (2) Elements.--The report required by this subsection shall 
        include--
                    (A) a description of proposed projects;
                    (B) a description of how the projects align with 
                the ARMD Strategic Implementation Plan or the roadmap 
                developed by the joint technology office on hypersonics 
                under section 218(d) of the John Warner National 
                Defense Authorization Act for Fiscal Year 2007, as 
                added by section 5(c) of this Act; and
                    (C) a timetable for carrying out activities and 
                initiatives authorized under this section.
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