[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5503 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5503
To authorize the programs of the National Aeronautics and Space
Administration for fiscal years 2018 and 2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2018
Mr. Babin (for himself, Mr. Smith of Texas, Mr. Brooks of Alabama, Mr.
Rohrabacher, Mr. Knight, Mr. Higgins of Louisiana, and Mr. Norman)
introduced the following bill; which was referred to the Committee on
Science, Space, and Technology
_______________________________________________________________________
A BILL
To authorize the programs of the National Aeronautics and Space
Administration for fiscal years 2018 and 2019, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2018.
Sec. 102. Fiscal year 2019.
TITLE II--HUMAN EXPLORATION
Sec. 201. Space facilities beyond low-Earth orbit.
Sec. 202. ISS transition.
Sec. 203. Human spaceflight research.
Sec. 204. Critical path redundancy for human spaceflight.
Sec. 205. Space suits.
TITLE III--SCIENCE
Subtitle A--Earth Science
Sec. 301. Reimbursable basis for development of sensors and
instruments.
Sec. 302. Earth observations study.
Sec. 303. Land imaging.
Sec. 304. Landsat data policy.
Sec. 305. Earth science missions.
Sec. 306. Goddard Institute for Space Studies Inspector General report.
Subtitle B--Astronomy and Astrophysics
Sec. 311. Search for the origin, evolution, distribution, and future of
life in the universe.
Sec. 312. Wide-Field Infrared Space Telescope.
Subtitle C--Planetary Science
Sec. 321. Near-Earth Object Survey.
Sec. 322. Space nuclear power.
TITLE IV--AERONAUTICS
Sec. 401. Supersonic research.
Sec. 402. Unmanned aircraft systems research.
Sec. 403. 21st Century Aeronautics Research Capabilities Initiative.
Sec. 404. Experimental plane program.
Sec. 405. Hypersonic Technology project.
TITLE V--COMMERCIAL
Sec. 501. Commercial supply of space products.
Sec. 502. Commercial provision of services.
Sec. 503. Commercial in-space infrastructure.
Sec. 504. Preference for launch vehicles manufactured in the United
States.
Sec. 505. Studies on industrial base.
Sec. 506. Spectrum coordination.
Sec. 507. Enhanced-use leasing.
Sec. 508. Satellite servicing technologies.
TITLE VI--POLICY
Sec. 601. NASA-funded institutes.
Sec. 602. Baseline and cost controls.
Sec. 603. Reports to Congress.
Sec. 604. International technical and operational standards.
Sec. 605. NASA contractor responsibility watch list.
Sec. 606. Human space exploration risk.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) Cis-lunar space.--The term ``cis-lunar space'' means
the region of space from the Earth out to and including the
region around the surface of the Moon.
(3) ISS.--The term ``ISS'' means the International Space
Station.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Near-earth asteroid.--The term ``near-Earth asteroid''
means an asteroid with a perihelion distance of less than 1.3
Astronomical Units from the Sun.
(6) Near-earth object.--The term ``near-Earth object''
means an asteroid or comet with a perihelion distance of less
than 1.3 Astronomical Units from the Sun.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization determined by the
Secretary of the Treasury to be an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) which is exempt from taxation under section
501(a) of such Code.
(8) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described under section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(9) Space launch system.--The term ``Space Launch System''
has the meaning given the term in section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18302).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2018.
There are authorized to be appropriated to NASA for fiscal year
2018, $20,736,140,000, as follows:
(1) For Science, $6,221,500,000, of which--
(A) $1,921,000,000 is for Earth Science;
(B) $2,227,900,000 is for Planetary Science;
(C) $850,400,000 is for Astrophysics;
(D) $533,700,000 is for the James Webb Space
Telescope; and
(E) $688,500,000 is for Heliophysics.
(2) For Aeronautics, $685,000,000.
(3) For Space Technology, $760,000,000.
(4) For Exploration, $4,790,000,000, of which--
(A) $1,350,000,000 is for Orion and associated
program and other necessary support;
(B) $2,150,000,000 is for the Space Launch System
and associated program and other necessary support;
(C) $895,000,000 is for Exploration Ground Systems;
and
(D) $395,000,000 is for Exploration Research and
Development.
(5) For Space Operations, $4,751,500,000.
(6) For Education, $100,000,000, of which--
(A) $18,000,000 is for the Experimental Program to
Stimulate Competitive Research; and
(B) $40,000,000 is for the National Space Grant
College and Fellowship Program.
(7) For Safety, Security, and Mission Services,
$2,826,900,000.
(8) For Construction and Environmental Compliance and
Restoration, $562,240,000.
(9) For Inspector General, $39,000,000.
SEC. 102. FISCAL YEAR 2019.
There are authorized to be appropriated to NASA for fiscal year
2019, $20,736,140,000, as follows:
(1) For Deep Space Exploration Systems, $4,929,000,000, of
which--
(A) $4,040,000,000 is for Exploration Systems
Development, of which--
(i) $2,150,000,000 is for Orion and
associated program and other necessary support;
(ii) $1,350,000,000 is for the Space Launch
System and associated program and other
necessary support; and
(iii) $540,000,000 is for Exploration
Ground Systems; and
(B) $889,000,000 is for Advanced Exploration
Systems, of which--
(i) $504,300,000 is for the Lunar Orbital
Platform-Gateway and associated program and
other necessary support;
(ii) $116,500,000 is for Advanced Cislunar
and Surface Capabilities; and
(iii) $268,200,000 is for Exploration
Advanced Systems.
(2) For Exploration and Research Technology,
$1,017,700,000, of which--
(A) $108,500,000 is for Early Stage Innovation and
Partnerships;
(B) $216,500,000 if for Technology Maturation, of
which $75,000,000 is for nuclear fission and cryogenic
fluid management development;
(C) $332,700,000 is for Technology Demonstration.
(D) $140,000,000 is for Human Research Program; and
(E) $205,000,000 is for Small Business Innovation
Research and Small Business Technology Transfer.
(3) For Low-Earth Orbit and Spaceflight Operations,
$4,624,600,000, of which--
(A) $1,462,200,000 is for the International Space
Station;
(B) $2,108,700,000 is for Space Transportation;
(C) $903,700,000 is for Space Flight Support; and
(D) $150,000,000 is for Commercial Low-Earth Orbit
Development.
(4) For Science, $6,152,600,000, of which--
(A) $1,450,000,000 is for Earth Science;
(B) $2,636,500,000 is for Planetary Science;
(C) $1,375,400,000 is for Astrophysics; and
(D) $690,700,000 is for Heliophysics.
(5) For Aeronautics, $685,000,000.
(6) For Education, $100,000,000, of which--
(A) $18,000,000 is for the Established Program to
Stimulate Competitive Research; and
(B) $40,000,000 is for Space Grant.
(7) For Safety, Security, and Mission Services,
$2,749,700,000.
(8) For Construction and Environmental Compliance and
Restoration, $438,200,000.
(9) For Inspector General, $39,300,000.
TITLE II--HUMAN EXPLORATION
SEC. 201. SPACE FACILITIES BEYOND LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that space
facilities for use beyond low-Earth orbit play a significant role in
NASA's long-term pursuit of its exploration goals under section 202(a)
of the National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18312(a)).
(b) Crewed and Crew-Tended Space Facilities Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, 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 on the potential
development of space facilities for use beyond low-Earth orbit.
(2) Contents.--The report required under paragraph (1)
shall include a description of--
(A) how each such space facility can advance,
enable, or complement human exploration of the Solar
System, including of the atmosphere and the surface of
celestial bodies;
(B) the role of the space facility as a staging,
logistics, and operations hub in an exploration
architecture;
(C) how the space facility could support the
research, development, testing, validation, operation,
and launch of space exploration systems and
technologies;
(D) opportunities and strategies for commercial
operation or public-private partnerships that protect
taxpayer interests and foster competition; and
(E) the role of such a space facility in making,
developing, and refining the case for further crewed
and uncrewed exploration investments.
SEC. 202. ISS TRANSITION.
(a) Findings.--Congress finds the following:
(1) The ISS is a valuable national asset that can continue
to produce worthwhile scientific research and valuable
technology.
(2) The ISS mission should be to carry out microgravity
research and development, research in support of deep space
human exploration, and low-Earth orbit commercialization.
(3) The ISS is the best platform currently available to
conduct certain types of research needed for NASA's deep space
human exploration program with such research currently
scheduled to be completed by the end of fiscal year 2024.
(4) The ISS transition report, submitted pursuant to
section 50111(c)(2) of title 51, United States Code, provides
an explanation of NASA's plans to foster the development of
private industry capabilities and private demand with a goal of
ending direct NASA support for ISS operations by the end of
fiscal year 2024.
(5) The plans laid out in the ISS transition report are
conditionally flexible and require feedback to inform next
steps. In addition, the feasibility of ending direct NASA
support for ISS operations by the end of fiscal year 2024 is
dependent on many factors, some of which are indeterminate
until the Administration carries out the initial phases of the
ISS transition plan.
(6) The value of any in-space facility, such as the ISS,
depends both on its contributions to further expansion of human
presence throughout the solar system, pursuant to section 202
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312) and to making
existing presence self-sustaining.
(7) As the United States moves towards a commitment to a
human presence off the surface of the Earth, other Government
agencies should seek to benefit from and capitalize upon the
ongoing human presence in space.
(b) In General.--The Administration shall support Johnson Space
Center as a center of innovation and leadership in developing human
operations, including surfaces of celestial bodies, beyond Earth, to
the cis-lunar region, the Moon, Mars, and beyond.
(c) ISS Operation.--
(1) In general.--NASA shall continue operation of the
International Space Station for such time as Congress
authorizes its operations.
(2) International agreements.--NASA shall pursue
international agreements to provide maximum flexibility for ISS
utilization.
(3) Low-earth orbit.--NASA shall pursue a step-wise
transition of low-Earth orbit human spaceflight operations from
a Government-directed activity to a model where private
industry is responsible for how to meet and execute NASA's
requirements.
(4) Transition report.--NASA shall carry out activities in
fiscal year 2019 as proposed in the ISS transition report,
delivered pursuant to section 50111(c) of title 51, United
States Code.
(d) Reporting.--In addition to the biennial reporting requirement
under section 50111(c) of title 51, United States Code, the
Administrator shall brief the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate quarterly,
beginning on the date that is 3 months after the date of enactment of
this Act, on the status of, and all progress, changes, and other
developments related to carrying out the plans in the ISS transition
report.
(e) Authorized Funding.--Subject to the availability of
appropriations, shall make available at least $150,000,000 for fiscal
year 2019 for commercial low-Earth orbit development out of the LEO and
Spaceflight Operations account.
SEC. 203. HUMAN SPACEFLIGHT RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the benefits derived from the peaceful use of space
depend on the extent to which ground-based space
infrastructure, facilities, and research are well-integrated;
and
(2) NASA Johnson Space Center (hereinafter referred to as
``JSC'') has the expertise and facilities to support the
development of the major technological innovations necessary to
enable and support the nation's ongoing commitment to human
spaceflight, exploration, and continued human presence in
space.
(b) Johnson Space Center Research Office.--
(1) Establishment.--The Administrator shall establish a
research office at JSC to build upon the Center's existing
expertise in human space flight missions for future challenges.
(2) Research director.--The head of the research office
shall be the research director, who shall report directly to
the Director of JSC.
(3) Duties.--The research director shall have, at a
minimum, the following duties:
(A) Oversee a research portfolio focused on human
space flight.
(B) Recommend infrastructure and equipment
necessary to carry out a research mission.
(C) Oversee professional development and continuing
education, as necessary and appropriate, for the civil
workforce as the research and innovation focus of the
center increases.
(4) Scope of research.--The research office shall focus on
aspects of research that are directly relevant to the endeavor
of human space flight, including problems of human spaceflight
and robotics supporting human space exploration.
(5) Support for human spaceflight activities.--JSC shall,
consistent with its primary responsibilities to NASA and other
government customers, endeavor to make the fullest possible use
of its facilities and infrastructure to support all U.S. human
spaceflight activities, including those of the private sector.
(c) Report.--Not later than 180 days after the enactment of this
Act, NASA and JSC 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 on NASA's
progress on, and other developments related to, carrying out the
requirements of this section.
(d) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$15,000,000 in fiscal year 2019 out of the Exploration Research and
Technology account to carry out this section.
SEC. 204. CRITICAL PATH REDUNDANCY FOR HUMAN SPACEFLIGHT.
(a) Findings.--Congress finds that NASA, in cooperation with
private sector and international partners, has facilitated the
development of a wide array of cargo and crew transportation options
for operations in low-Earth orbit and beyond.
(b) Sense of Congress.--It is the sense of Congress that the
availability of a multitude of launch vehicles and crew and cargo
vehicles provides critical path redundancy.
(c) Logistical and Transport Redundancy.--Not later than 3 months
after the date of the enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives a report that contains an evaluation of the
suitability and performance, including cost, reliability, and
availability, of--
(1) all available crew and cargo vehicles for destinations
in low-Earth orbit, cis-lunar space, and beyond; and
(2) all available launch vehicles that are capable of
delivering more than 20 tons to, or beyond, low-Earth orbit to
support exploration and scientific missions, particularly to
outer planets.
SEC. 205. SPACE SUITS.
(a) Findings.--Congress finds the following:
(1) Space suits and associated extravehicular activity (in
this section, referred to as ``EVA'') technologies are critical
space exploration technologies.
(2) The NASA civil service workforce at the Johnson Space
Center possesses unique capabilities to integrate, design, and
validate space suits and associated EVA technologies.
(3) Maintaining a strong core competency in the design,
development, manufacture, and operation of space suits and
related technologies allows NASA to be an informed purchaser of
competitively awarded commercial space suits and associated EVA
technologies.
(4) NASA should fully utilize the International Space
Station by 2025 to test future space suits and associated EVA
technologies to reduce risk and improve safety.
(b) Space Suits.--
(1) In general.--NASA shall develop space suits and
associated EVA technologies.
(2) Management.--The Johnson Space Center shall manage the
space suit and EVA programs of NASA.
(3) Private sector.--In carrying out this subsection, the
Administrator may enter into agreements with the private sector
as the Administrator considers appropriate.
TITLE III--SCIENCE
Subtitle A--Earth Science
SEC. 301. REIMBURSABLE BASIS FOR DEVELOPMENT OF SENSORS AND
INSTRUMENTS.
Chapter 605 of title 51, United States Code, is amended by adding
at the end the following:
``Sec. 60507. Reimbursable basis for development of sensors and
instruments
``Any work undertaken by the Administration for the benefit of
another agency shall be conducted on a reimbursable basis that accounts
for the full cost of the work, including work undertaken for the
development of operational Earth science systems, including satellite,
sensor, or instrument development, acquisition, and operations, as well
as product development and data analysis.''.
(1) Technical amendment.--The table of sections for chapter
605 of title 51, United States Code, is amended by adding at
the end the following:
``60507. Reimbursable basis for development of sensors and
instruments.''.
SEC. 302. EARTH OBSERVATIONS STUDY.
Section 702 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18371) is amended--
(1) by striking ``The Director of'' and inserting the
following:
``(a) In General.--The Director of''; and
(2) by adding at the end the following:
``(b) Consideration.--In carrying out the strategic implementation
plan under subsection (a), the Director shall take into account and
incorporate into such plan, as appropriate, purchasing Earth
observation data and services from the private sector or through
public-private partnerships to meet Earth observation requirements.''.
SEC. 303. LAND IMAGING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the continuous collection and utilization of land
remote sensing data from space are of major benefit in studying
and understanding human impacts on the global environment, in
managing the Earth's natural resources, in carrying out
national security functions, and in planning and conducting
many other activities of scientific, economic, and social
importance; and
(2) to the greatest extent practicable, the United States
should foster the development of U.S. private sector remote
sensing capabilities and analyses that can satisfy the public
interest in long-term continuous collection of medium-
resolution land remote sensing data.
(b) Continuous Land Remote Sensing Data Collection.--
(1) In general.--Subchapter IV of chapter 601 of title 51,
United States Code, is amended by adding at the end the
following new section:
``Sec. 60135. Continuous land remote sensing data collection
``(a) Policy.--It is the policy of the United States to--
``(1) ensure, to the greatest extent practicable, the
continuous collection of space-based, medium-resolution
observations of the Earth's land cover;
``(2) ensure that the collected data are made available in
such ways as to facilitate the widest possible use; and
``(3) to the greatest extent practicable, foster the
development of U.S. private sector remote sensing capabilities
and analyses that can satisfy the public interest in long-term
continuous collection of medium-resolution land remote sensing
data.
``(b) Coordination.--The National Space Council, in consultation
with other relevant Federal agencies, shall coordinate United States
Government activities described under paragraphs (1) through (3) of
subsection (a).''.
(2) Conforming amendment.--The table of sections for
subchapter IV of chapter 601 of title 51, United States Code,
is amended by adding at the end the following new section:
``60135. Continuous land remote sensing data collection.''.
SEC. 304. LANDSAT DATA POLICY.
(a) In General.--
(1) Limitation on use of funds.--No funds may be obligated
or expended for Landsat 11 or any other subsequent Landsat
system until the Administrator has completed a study assessing
which aspects of Landsat system observations and associated
science requirements can be provided by purchasing data from
the private sector or through public-private partnerships.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit 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 containing the results
of the study required under paragraph (1).
(b) Definition of Landsat System.--In this section, the term
``Landsat system'' has the meaning given that term in section 60101 of
title 51, United States Code.
SEC. 305. EARTH SCIENCE MISSIONS.
The Administrator shall continue to restructure the Earth science
portfolio of NASA to reduce overall costs, support innovative and
sustainable programs and missions with commercial and international
partners, and align with the recommendations of the National Academy of
Sciences included in the publication published in 2018 titled
``Thriving on Our Changing Planet: A Decadal Strategy for Earth
Observation from Space'' to ensure that the Earth science portfolio is
focused on the highest priority missions for the science and
applications communities within a balanced, comprehensive Earth science
program.
SEC. 306. GODDARD INSTITUTE FOR SPACE STUDIES INSPECTOR GENERAL REPORT.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall transmit 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
containing the results of NASA's implementation of the recommendations
identified in the report published by the NASA Office of Inspector
General on April 5, 2018, titled ``NASA's Management GISS: The Goddard
Institute for Space Studies''.
Subtitle B--Astronomy and Astrophysics
SEC. 311. SEARCH FOR THE ORIGIN, EVOLUTION, DISTRIBUTION, AND FUTURE OF
LIFE IN THE UNIVERSE.
(a) Policy.--Section 20102(d)(10) of title 51, United States Code,
includes the search for life's origin, evolution, distribution, and
future in the universe as an objective of U.S. aeronautical and space
activities.
(b) In General.--NASA shall partner with the private sector and
philanthropic organizations to the maximum extent practicable to search
for technosignatures, such as radio transmissions, in order to meet the
NASA objective to search for life's origin, evolution, distribution,
and future in the universe.
(c) Report.--Not later than 90 days after the date of enactment of
this Act, 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,
produced in consultation with industry and academia, on all NASA
programs, including partnerships with the private sector and
philanthropic organizations, that contribute to the search for life's
origin, evolution, distribution, and future in the universe.
(d) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$10,000,000 for each of fiscal years 2018 and 2019 for the search for
technosignatures.
SEC. 312. WIDE-FIELD INFRARED SPACE TELESCOPE.
(a) Findings.--Congress finds the following:
(1) Concurrent flagship programs challenge significantly
NASA's program management capacity, especially during later
stages of the program management process.
(2) The Wide-Field Infrared Space Telescope (hereinafter
referred to as ``WFIRST'') was cancelled in the President's
fiscal year 2019 budget request.
(3) WFIRST was funded in the amount of $150,000,000 in
NASA's appropriation for fiscal year 2018.
(4) Pursuant to direction in NASA's appropriation for
fiscal year 2018, NASA is conducting a preliminary life-cycle
cost estimate, including any additions needed to achieve Class
A classification, along with a year-by-year breakout of
development costs.
(5) Until such preliminary life-cycle cost estimate is
complete, Congress has insufficient information to judge
whether or not WFIRST should be authorized to proceed in fiscal
year 2019.
(b) Total Cost.--The total formulation and development cost, as
such term is defined in section 30104 of title 51, United States Code,
for the Wide-Field Infrared Space Telescope shall not exceed
$3,200,000,000.
(c) Budget.--The Administrator shall include in the budget for
fiscal year 2020 a 5-year funding profile necessary to achieve the goal
in subsection (b).
(d) Limitation.--The Administrator shall not procure a launch
vehicle for the Wide-Field Infrared Space Telescope until the James
Webb Space Telescope is operational in space.
Subtitle C--Planetary Science
SEC. 321. NEAR-EARTH OBJECT SURVEY.
(a) Findings.--Congress finds the following:
(1) The George E. Brown, Jr. Near-Earth Object Survey Act
(Public Law 109-155) established the Near-Earth Object Survey
program to detect, track, and catalogue the physical
characteristics of near-Earth objects equal to or greater than
140 meters in diameter in order to assess the threat of such
objects to Earth.
(2) The goal of the Survey program is to achieve 90 percent
completion of the near-Earth project catalogue (based on
statistically predicted populations of near-Earth objects) not
later than 15 years after the date of the enactment of the
George E. Brown, Jr. Near-Earth Object Survey Act.
(3) NASA has been successful finding more than 90 percent
of the near-Earth asteroids larger than one kilometer but has
only found about 30 percent of the near-Earth objects larger
than 140 meters.
(4) The vast majority of near-Earth object discoveries have
been made by NASA-supported ground-based telescopic surveys.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in order to meet the statutory requirements of the
George E Brown, Jr. Near-Earth Object Survey Act (Public Law
109-155), a space-based telescope mission should be fully
funded and supported by NASA and carried out by the Planetary
Defense Coordination Office; and
(2) the space-based telescope Near-Earth Object Camera
mission, or a similar infrared telescope concept optimized for
near-Earth object search and characterization, could discover
and characterize most of the potentially hazardous asteroids
that are near the Earth.
SEC. 322. SPACE NUCLEAR POWER.
(a) Finding.--Congress finds that in-space nuclear fission power
complements the use of Plutonium-238 radioisotope thermoelectric
generators (in this section referred to as ``RTG'') for spacecraft
power needs.
(b) Policy.--It is the policy of the United States--
(1) to continue the development of in-space nuclear fission
technology, as necessary, for purposes including--
(A) in-space power generation for advanced in-space
propulsion;
(B) onboard power generation to replace or
supplement RTG systems;
(C) power generation on the surface of celestial
bodies;
(D) extraction and processing of in situ resources;
and
(E) nuclear thermal and nuclear electric propulsion
able to transport crew or cargo among Earth and other
celestial bodies much more rapidly than is practical
with non-nuclear systems;
(2) that research and development of in-space nuclear
fission power should be carried out as part of a portfolio that
appropriately balances development of power systems at
different sizes and maturities, with an emphasis on early
development of mature, operational systems; and
(3) that NASA should continually seek to streamline the
process for space launch approval of nuclear materials,
eliminate redundant and unneeded processes, and regularize the
process for efficient, regular functioning, and toward that
end, the Administrator should update the launch approval
process and seek to establish a licensing process for private
nuclear power sources in space.
(c) Space Nuclear Power Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, 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, produced in consultation
with industry and academia, on the use and role of nuclear
fission power in space.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an assessment of the prospects for in-space
nuclear fission reactors, describing particular roles
and missions for which nuclear power is uniquely well-
suited;
(B) a description of the convergence between NASA's
existing Plutonium-238 RTG programs and ongoing nuclear
thermal propulsion and nuclear power generation
development programs;
(C) a detailed plan for encouraging convergence
between NASA's various nuclear power and propulsion
efforts;
(D) an identification of key infrastructure and
facilities needed for the development of in-space
nuclear fission power reactors;
(E) an identification of particular legal issues,
including regulatory challenges, that must be addressed
for the use of nuclear fission power systems;
(F) how small in-space nuclear fission reactors can
complement or replace existing and planned radioisotope
thermal generator capabilities; and
(G) information on very low cost, high reliability
designs that can be made operational quickly.
(d) Demonstration.--NASA should demonstrate a nuclear electric
power reactor for use in space using existing authorized funding levels
and within a schedule made possible by appropriated funding.
TITLE IV--AERONAUTICS
SEC. 401. SUPERSONIC RESEARCH.
(a) Policy.--It is the policy of the United States to reduce
Government barriers to the development of civil supersonic
transportation.
(b) Research.--Section 40112(a) of title 51, United States Code, is
amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator''; and
(2) by adding at the end the following:
``(2) Research.--The Administrator, in consultation with
the Administrator of the Federal Aviation Administration, shall
undertake research on supersonic transport to inform and
accelerate the promulgation of domestic regulations and
international standards and recommended practices that will
open up the U.S. civil airspace to civil supersonic
transport.''.
SEC. 402. UNMANNED AIRCRAFT SYSTEMS RESEARCH.
(a) In General.--
(1) Title 51.--Chapter 315 of title 51, United States Code,
is amended by adding at the end the following:
``Sec. 31506. Unmanned aircraft systems research
``The Administrator, in consultation with the Administrator of the
Federal Aviation Administration and other Federal agencies, shall
conduct research on facilitating the safe integration of unmanned
aircraft systems into the national airspace system, including--
``(1) positioning and navigation systems;
``(2) sense-and-avoid capabilities;
``(3) secure data and communication links;
``(4) flight recovery systems; and
``(5) human systems integration.''.
(2) Conforming amendment.--The table of sections for
chapter 315 of title 51, United States Code, is amended by
adding at the end the following new item:
``31506. Unmanned aircraft systems research.''.
(b) Cooperative Unmanned Aerial Vehicle Activities.--Section 31504
of title 51, United States Code, is amended by adding at the end the
following: ``Operational flight data derived from such cooperative
agreements shall be made available, in appropriate and usable formats,
to the Administration and the Federal Aviation Administration for the
development of regulatory standards.''.
SEC. 403. 21ST CENTURY AERONAUTICS RESEARCH CAPABILITIES INITIATIVE.
(a) Establishment.--The Administrator shall establish an initiative
to be known as the 21st Century Aeronautics Research Capabilities
Initiative, funded through the Construction of Facilities account, to
ensure that NASA possesses the infrastructure capabilities and
computational tools necessary to conduct flight demonstration projects
across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century Aeronautics
Research Capabilities Initiative, the Administrator shall--
(1) upgrade and create facilities for civil and national
security aeronautics research; and
(2) support flight testing activities.
(c) Operating Model.--In carrying out the 21st Century Aeronautics
Research Capabilities Initiative, the Administrator shall, to the
greatest extent practicable, build on NASA's work on developing its
Operating Model and the results of the Technical Capabilities
Assessment Team.
(d) Report.--
(1) Report required.--Not later than 120 days after the
date of enactment of this Act, 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 containing a 5-year plan
for the implementation of the 21st Century Aeronautics Research
Capabilities Initiative.
(2) Elements.--The report required under this subsection
shall include--
(A) a description of proposed projects;
(B) a description of how the projects align with
the Aeronautics Strategic Implementation Plan; and
(C) a timetable for carrying out activities and
initiatives authorized under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000, funded through the Construction of Facilities
account, for fiscal year 2019 to carry out this section.
SEC. 404. EXPERIMENTAL PLANE PROGRAM.
(a) Policy.--It is the policy of the United States to maintain the
role of the United States as a world leader in aeronautical science and
technology.
(b) Objective.--A fundamental objective of NASA aeronautics
research is the steady progression and expansion of high-speed flight
research and capabilities, including the science and technology of
critical underlying disciplines and competencies, the most important of
which are computational-based analytical and predictive tools and
methodologies, aero thermodynamics, high-speed flight propulsion, high-
temperature structures and materials, and flight controls.
SEC. 405. HYPERSONIC TECHNOLOGY PROJECT.
(a) Findings.--Congress finds that--
(1) the development of new hypersonic flight technologies
is important to the United States;
(2) though hypersonic flight technologies are likely to be
applied to enhance defense systems in the near-term, in the
long-term, application of such technologies may expand to
include improved access-to-space capabilities that benefit
NASA; and
(3) NASA maintains specialized facilities and experts who
will focus on research areas that explore challenges in
hypersonic flight.
(b) Policy.--In carrying out the Hypersonic Technology project,
NASA should focus research and development efforts on high-speed
propulsion systems, reusable vehicle technologies, high-temperature
materials, and systems analysis.
(c) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$30,000,000 for fiscal year 2019 for the Hypersonic Technology project.
TITLE V--COMMERCIAL
SEC. 501. COMMERCIAL SUPPLY OF SPACE PRODUCTS.
(a) In General.--Subchapter II of chapter 501 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 50117. Commercial supply of space products
``(a) In General.--In planning and carrying out space exploration
missions, the Administrator shall, to the greatest extent practicable,
prioritize the acquisition and use of space products provided by a
United States commercial provider or through a public-private
partnership with a United States commercial provider.
``(b) Space Product Defined.--In this section, the term `space
product' means a tangible good, including a finished good, or
commodity, including a propellant, water, oxygen, or gas, that--
``(1) is required for space exploration activities; and
``(2) originates in outer space.
``(c) Commodities Used in Space.--
``(1) List of commodities.--In planning a space exploration
mission, the Administrator shall create a list of commodities
to be used during such mission. The list shall include
specification of each commodity, anticipated quantity, and the
location and the timeframe of need.
``(2) Commodity cost basis.--For each commodity listed
pursuant paragraph (1), NASA shall establish a commodity cost
basis that shall represent the lesser of--
``(A) the estimated cost to procure the commodity
on Earth and deliver the commodity to the location of
use; and
``(B) the estimated cost for the Government to
procure the equivalent commodity that is a space
product.
``(3) Publication.--The Administrator shall annually
publish the information compiled under paragraphs (1) and (2)
during the previous calendar year.
``(d) Exceptions.--The Administrator shall not be required to
prioritize the acquisition of space products for the purposes described
in subsection (a) if, on a case-by-case basis--
``(1) the Administrator determines that--
``(A) cost-effective space products that meet
specific mission requirements would not be reasonably
available from United States commercial providers when
required;
``(B) the use of space products from United States
commercial providers poses an unacceptable mission
risk; or
``(C) the use of space products is inconsistent
with international agreements for international
collaborative efforts relating to science and
technology; or
``(2) the Secretary of the Air Force determines that the
use of space commodities from United States commercial
providers is inconsistent with national security objectives.
``(e) Agreements With Foreign Entities.--Nothing in this section
shall prevent the Administrator from planning or negotiating agreements
with foreign governmental entities for the provision of space
products.''.
(b) Conforming Amendment.--Subchapter II of chapter 501 of title
51, United States Code, is amended by adding at the end the following:
``50117. Commercial supply of space products.''.
SEC. 502. COMMERCIAL PROVISION OF SERVICES.
(a) In General.--Subchapter II of chapter 501 of title 51, United
States Code, is further amended by adding at the end the following:
``Sec. 50118. Commercial provision of services
``(a) In General.--In planning and carrying out space exploration
missions, the Administrator shall, to the greatest extent practicable,
acquire services to be carried out in outer space by a United States
commercial provider or through a public-private partnership with a
United States commercial provider to support such missions.
``(b) Exceptions.--The Administrator shall not be required to
acquire services under subsection (a) from a United States commercial
provider or through a public-private partnership with a United States
commercial provider if, on a case-by-case basis--
``(1) the Administrator determines that--
``(A) cost-effective services that meet specific
mission requirements would not be reasonably available
from United States commercial providers when required;
``(B) the use of such services from United States
commercial providers poses an unacceptable mission
risk; or
``(C) the use of such services is inconsistent with
international agreements for international
collaborative efforts relating to science and
technology; or
``(2) the Secretary of the Air Force determines that the
use of services from United States commercial providers is
inconsistent with national security objectives.
``(c) Agreements With Foreign Entities.--Nothing in this section
shall prevent the Administrator from planning or negotiating agreements
with foreign governmental entities for the provision of support
services to be carried out in outer space.''.
(b) Conforming Amendment.--Subchapter II of chapter 501 of title
51, United States Code, is further amended by adding at the end the
following:
``50118. Commercial provision of services.''.
SEC. 503. COMMERCIAL IN-SPACE INFRASTRUCTURE.
(a) In General.--Subchapter II of chapter 501 of title 51, United
States Code, is further amended by adding at the end the following:
``Sec. 50119. Commercial in-space infrastructure
``(a) In General.--In planning and carrying out space exploration
missions, the Administrator shall, to the greatest extent practicable,
make use of commercial in-space infrastructure to support such
missions.
``(b) Commercial In-Space Infrastructure.--In this section, the
term `commercial in-space infrastructure' means infrastructure that
is--
``(1) owned, managed, or built by a United States
commercial provider or through a public-private partnership
with a United States commercial provider; and
``(2) located more than 320,000 kilometers from the Earth's
surface.
``(c) Exceptions.--The Administrator shall not be required to use
commercial in-space infrastructure if, on a case-by-case basis--
``(1) the Administrator determines that--
``(A) cost-effective infrastructure that meets
specific mission requirements would not be reasonably
available from United States commercial providers when
required;
``(B) the use of commercial in-space infrastructure
poses an unacceptable mission risk; or
``(C) the use of commercial in-space infrastructure
is inconsistent with international agreements for
international collaborative efforts relating to science
and technology; or
``(2) the Secretary of the Air Force determines that the
use of commercial in-space infrastructure is inconsistent with
national security objectives.
``(d) Agreements With Foreign Entities.--Nothing in this section
shall prevent the Administrator from planning or negotiating agreements
with foreign governmental entities for the use infrastructure in
support of United States civil government activities in outer space.''.
(b) Conforming Amendment.--Subchapter II of chapter 501 of title
51, United States Code, is further amended by adding at the end the
following:
``50119. Commercial in-space infrastructure.''.
SEC. 504. PREFERENCE FOR LAUNCH VEHICLES MANUFACTURED IN THE UNITED
STATES.
It is the sense of Congress that the Administrator should, to the
greatest extent possible, with respect to entering into contracts for
commercial space data and services, provide weighed preference,
selection points, and other incentives for the use of launch vehicles
that are manufactured in the United States.
SEC. 505. STUDIES ON INDUSTRIAL BASE.
No funds may be obligated or expended by the Administrator for
purposes of carrying out a Bureau of Industry and Security survey of
the United States aerospace industrial base until the date that is 30
days after the date on which the Administrator submits 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
written notification that includes--
(1) the proposed subject matter of such survey;
(2) a description of the information to be required of
survey respondents; and
(3) any penalties proposed to be assessed by the Federal
Government against respondents for noncompliance with survey
requirements.
SEC. 506. SPECTRUM COORDINATION.
(a) In General.--The Administrator shall develop and implement a
plan to more effectively and efficiently, taking into account NASA's
spectrum requirements, share electromagnetic spectrum assigned to NASA
with United States nongovernmental entities operating or proposing to
operate space objects.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, 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 on the
plan developed under subsection (a).
SEC. 507. ENHANCED-USE LEASING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA possesses a variety of unique and world-class
facilities;
(2) NASA is developing and using many different methods to
offset the cost of maintaining and operating such facilities;
(3) nongovernmental entities may be able to use such
facilities in a manner that is cost-effective; and
(4) agreements between NASA and nongovernmental entities
regarding the use of such facilities may offset a portion of
the spending of NASA.
(b) Extension of Authority To Lease Non-Excess Property.--Section
20145(g) of title 51, United States Code, is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(c) Condition on Use of Funds.--For any year for which funds are
made available under section 20145 of title 51, United States Code, (as
amended by subsection (b)), no funds may be expended by the
Administrator under such section after January 31 unless Administrator
submits, before such date, to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the annual report
required under such section for the prior year.
SEC. 508. SATELLITE SERVICING TECHNOLOGIES.
The Administrator shall continue to restructure NASA investments in
the development of satellite servicing technologies to reduce the
overall cost to NASA and align with NASA needs for exploration.
TITLE VI--POLICY
SEC. 601. NASA-FUNDED INSTITUTES.
(a) Findings.--Congress finds that on June 9, 2016, the Office of
Inspector General of NASA reported that--
(1) NASA does not aggregate information on the universe,
status, or funding levels for the many institutes it supports;
(2) the absence of this information makes it difficult for
NASA leaders to strategically evaluate the scope or purpose of
its institute investments and for Congress and other
stakeholders to understand how NASA is spending more than
three-quarters of a billion dollars of its budget annually;
(3) absent comprehensive, centralized information about
these investments, it may be difficult for NASA to avoid
duplication among its efforts;
(4) NASA has not defined what constitutes an institute or
established guidance and metrics on the management, use, or
expectations for return on investment;
(5) such guidance may enable NASA to gain a better
understanding of how funds directed to NASA-funded institutes
are utilized to accomplish the mission and goals of NASA,
increase its return on investment, and evaluate the performance
of such institutes; and
(6) NASA lacks a standard process to assess a potential
grantee's financial condition prior to grant award or to impose
additional reporting or oversight requirements that such a
condition may warrant, and without such a mechanism, NASA risks
making uninformed investment decisions.
(b) Institute Budgets.--Section 30103(a) of title 51, United States
Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) the budget for each NASA-funded institute; and''.
(c) Report.--Not later than 90 days after the date of enactment of
this Act, 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 that
recommends guidance and metrics for the management, utilization,
expectations for return on investment, and financial condition of NASA-
funded institutes.
SEC. 602. BASELINE AND COST CONTROLS.
Section 30104(e)(1)(A) of title 51, United States Code, is
amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) in clause (iii) by striking ``and'' at the end; and
(3) by adding at the end the following:
``(iv) any changes made in the performance
or schedule milestones and the degree to which
such changes have contributed to the increase
in total cost;
``(v) new estimates of the specific project
or specific program cost; and
``(vi) a statement validating that the
management structure of the project or program
is adequate to control cost; and''.
SEC. 603. REPORTS TO CONGRESS.
(a) In General.--Chapter 301 of title 51, United States Code, is
amended by adding at the end the following:
``Sec. 30105. Concurrent reports
``For any report that the Administration submits to the Committee
on Appropriations of the House of Representatives or the Committee on
Appropriations of the Senate, the Administrator shall concurrently
submit such report to the Committee on Science, Space, and Technology
of the House of Representatives and the Commerce, Science, and
Transportation Committee of the Senate.''.
(b) Conforming Amendment.--The table of sections for chapter 301 of
title 51, United States Code, is amended by adding at the end the
following:
``30105. Concurrent reports.''.
SEC. 604. INTERNATIONAL TECHNICAL AND OPERATIONAL STANDARDS.
(a) Findings.--Congress finds that--
(1) section 71301 of title 51, United States Code, directs
the Administrator to ``enter into discussions with the
appropriate representatives of spacefaring nations who have or
plan to have crew transportation systems capable of orbital
flight or flight beyond low Earth orbit for the purpose of
agreeing on a common docking system standard'';
(2) the development of an international docking standard
has been beneficial in promoting Government and private sector
space exploration, interoperability, and United States
international leadership;
(3) NASA continues the development described in paragraph
(2) by coordinating the development of joint international deep
space interoperability standards; and
(4) the long-term goals of NASA, as described in section
202(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(a)), include
expanding permanent human presence beyond low-Earth orbit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the plans of NASA for crewed exploration beyond low-
Earth orbit should involve a wide array of partners to address
the technological challenges of deep space exploration;
(2) the development of common terminology and concepts for
spacecraft design and safety will help promote NASA leadership
in space and spacecraft design;
(3) the adoption of common design and safety terminology
and concepts across NASA would enable NASA to pursue the long-
term goals of NASA, described in section 202(a) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18312(a)), in a manner that is effective and
efficient; and
(4) NASA should continue to develop and promote common
terminology and concepts for spacecraft design and safety.
SEC. 605. NASA CONTRACTOR RESPONSIBILITY WATCH LIST.
(a) In General.--The Administrator shall establish and maintain a
watch list of contractors with a history of poor performance on space
procurement contracts or research, development, test, and evaluation
space program contracts.
(b) Basis for Inclusion on List.--
(1) Determination.--The Administrator may place a
contractor, including parties contracting under other
transaction authorities, on the watch list established under
subsection (a) upon determining that the ability of the
contractor to perform a contract specified in such subsection
is uncertain because of any of the following:
(A) Poor performance or award fee scores below 50
percent.
(B) Financial concerns.
(C) Felony convictions or civil judgements.
(D) Security or foreign ownership and control
issues.
(2) Discretion of the administrator.--The Administrator
shall be responsible for determining which contractors to place
on the watch list, whether an entire company or a specific
division should be included, and when to remove a contractor
from the list.
(c) Effect of Listing.--
(1) Prime contracts.--NASA may not solicit an offer from,
award a contract to, execute an engineering change proposal
with, or exercise an option on any program of NASA with a
contractor included on the list established under subsection
(a) without the prior direct approval of the Administrator.
(2) Subcontracts.--A prime contractor on a contract entered
into with NASA may not enter into a subcontract valued in
excess of $3,000,000 or five percent of the prime contract
value, whichever is lesser, with a contractor included on the
watch list established under subsection (a) without the prior
approval of the Administrator.
(d) Request for Removal From List.--A contractor may submit to the
Administrator a written request for removal from the watch list,
including evidence that the contractor has resolved the issue that was
the basis for inclusion on the list.
(e) Rule of Construction.--Nothing in this section shall be
construed as preventing the suspension or debarment of a contractor,
but inclusion on the watch list shall not be construed as a punitive
measure or de facto suspension or debarment of a contractor.
SEC. 606. HUMAN SPACE EXPLORATION RISK.
(a) Findings.--Congress finds the following:
(1) American leadership in the peaceful exploration and use
of outer space has been a long-standing priority for the United
States.
(2) The reestablishment of the National Space Council by
President Trump demonstrates the strategic importance of outer
space to the Nation.
(3) The December 2017 National Security Strategy of the
United States establishes the broad strategic importance of
outer space exploration and use for the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) exploration and use of outer space is a matter of
broad, national strategic importance; and
(2) space exploration decision-making and requirement-
setting in such a strategic context is complex, especially with
respect to setting appropriate priorities and levels of risk
tolerance.
(c) Report on Inherent Justifiable Risk.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the National Space Council, or its
designee, shall submit to Congress and make available to the
public a report relating the broad strategic national
importance of space to the inherent, justifiable risk of the
exploration and use of space.
(2) Policy and strategy.--The Administrator shall engage
with appropriate members of the private sector, academia, and
nonprofit organizations on a policy and strategy of enterprise-
level engineering and operational risk management to present in
the report that addresses inherent, justifiable risks of loss
of life that may occur in space exploration and use.
(3) Contents.--The report required under paragraph (1)
shall--
(A) clarify the broad strategic case and value of
space;
(B) address inherent, justifiable risks of loss of
life that may occur in space exploration and use; and
(C) discuss enterprise- and architecture-level
approaches for exploration risk management.
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