[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.
                                 <all>