[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 442 Engrossed in Senate (ES)]
<DOC>
115th CONGRESS
1st Session
S. 442
_______________________________________________________________________
AN ACT
To authorize the programs of the National Aeronautics and Space
Administration, 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 Transition Authorization Act of
2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2017.
TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS
Sec. 201. Sense of Congress on sustaining national space commitments.
Sec. 202. Findings.
TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT
Sec. 301. Operation of the ISS.
Sec. 302. Transportation to ISS.
Sec. 303. ISS transition plan.
Sec. 304. Space communications.
Sec. 305. Indemnification; NASA launch services and reentry services.
TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION
Subtitle A--Human Space Flight and Exploration Goals and Objectives
Sec. 411. Human space flight and exploration long-term goals.
Sec. 412. Key objectives.
Sec. 413. Vision for space exploration.
Sec. 414. Stepping stone approach to exploration.
Sec. 415. Update of exploration plan and programs.
Sec. 416. Repeals.
Sec. 417. Assured access to space.
Subtitle B--Assuring Core Capabilities for Exploration
Sec. 421. Space Launch System, Orion, and Exploration Ground Systems.
Subtitle C--Journey to Mars
Sec. 431. Findings on human space exploration.
Sec. 432. Human exploration roadmap.
Sec. 433. Advanced space suit capability.
Sec. 434. Asteroid robotic redirect mission.
Sec. 435. Mars 2033 report.
Subtitle D--TREAT Astronauts Act
Sec. 441. Short title.
Sec. 442. Findings; sense of Congress.
Sec. 443. Medical monitoring and research relating to human space
flight.
TITLE V--ADVANCING SPACE SCIENCE
Sec. 501. Maintaining a balanced space science portfolio.
Sec. 502. Planetary science.
Sec. 503. James Webb Space Telescope.
Sec. 504. Wide-Field Infrared Survey Telescope.
Sec. 505. Mars 2020 rover.
Sec. 506. Europa.
Sec. 507. Congressional declaration of policy and purpose.
Sec. 508. Extrasolar planet exploration strategy.
Sec. 509. Astrobiology strategy.
Sec. 510. Astrobiology public-private partnerships.
Sec. 511. Near-Earth objects.
Sec. 512. Near-Earth objects public-private partnerships.
Sec. 513. Assessment of science mission extensions.
Sec. 514. Stratospheric observatory for infrared astronomy.
Sec. 515. Radioisotope power systems.
Sec. 516. Assessment of Mars architecture.
Sec. 517. Collaboration.
TITLE VI--AERONAUTICS
Sec. 601. Sense of Congress on aeronautics.
Sec. 602. Transformative aeronautics research.
Sec. 603. Hypersonic research.
Sec. 604. Supersonic research.
Sec. 605. Rotorcraft research.
TITLE VII--SPACE TECHNOLOGY
Sec. 701. Space technology infusion.
Sec. 702. Space technology program.
TITLE VIII--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
Sec. 811. Information technology governance.
Sec. 812. Information technology strategic plan.
Sec. 813. Cybersecurity.
Sec. 814. Security management of foreign national access.
Sec. 815. Cybersecurity of web applications.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
Sec. 821. Collaboration among mission directorates.
Sec. 822. NASA launch capabilities collaboration.
Sec. 823. Detection and avoidance of counterfeit parts.
Sec. 824. Education and outreach.
Sec. 825. Leveraging commercial satellite servicing capabilities across
mission directorates.
Sec. 826. Flight opportunities.
Sec. 827. Sense of Congress on small class launch missions.
Sec. 828. Baseline and cost controls.
Sec. 829. Commercial technology transfer program.
Sec. 830. Avoiding organizational conflicts of interest in major
administration acquisition programs.
Sec. 831. Protection of Apollo landing sites.
Sec. 832. NASA lease of non-excess property.
Sec. 833. Termination liability.
Sec. 834. Independent reviews.
Sec. 835. NASA Advisory Council.
Sec. 836. Cost estimation.
Sec. 837. Facilities and infrastructure.
Sec. 838. Human space flight accident investigations.
Sec. 839. Orbital debris.
Sec. 840. Review of orbital debris removal concepts.
Sec. 841. Space Act Agreements.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(4) 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.
(5) Deep space.--The term ``deep space'' means the region
of space beyond low-Earth orbit, to include cis-lunar space.
(6) Government astronaut.--The term ``government
astronaut'' has the meaning given the term in section 50902 of
title 51, United States Code.
(7) ISS.--The term ``ISS'' means the International Space
Station.
(8) ISS management entity.--The term ``ISS management
entity'' means the organization with which the Administrator
has a cooperative agreement under section 504(a) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18354(a)).
(9) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(10) 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).
(11) 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).
(12) United states government astronaut.--The term ``United
States government astronaut'' has the meaning given the term
``government astronaut'' in section 50902 of title 51, United
States Code, except it does not include an individual who is an
international partner astronaut.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2017.
There are authorized to be appropriated to NASA for fiscal year
2017, $19,508,000,000, as follows:
(1) For Exploration, $4,330,000,000.
(2) For Space Operations, $5,023,000,000.
(3) For Science, $5,500,000,000.
(4) For Aeronautics, $640,000,000.
(5) For Space Technology, $686,000,000.
(6) For Education, $115,000,000.
(7) For Safety, Security, and Mission Services,
$2,788,600,000.
(8) For Construction and Environmental Compliance and
Restoration, $388,000,000.
(9) For Inspector General, $37,400,000.
TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS
SEC. 201. SENSE OF CONGRESS ON SUSTAINING NATIONAL SPACE COMMITMENTS.
It is the sense of Congress that--
(1) honoring current national space commitments and
building upon investments in space across successive
Administrations demonstrates clear continuity of purpose by the
United States, in collaboration with its international,
academic, and industry partners, to extend humanity's reach
into deep space, including cis-lunar space, the Moon, the
surface and moons of Mars, and beyond;
(2) NASA leaders can best leverage investments in the
United States space program by continuing to develop a balanced
portfolio for space exploration and space science, including
continued development of the Space Launch System, Orion,
Commercial Crew Program, space and planetary science missions
such as the James Webb Space Telescope, Wide-Field Infrared
Survey Telescope, and Europa mission, and ongoing operations of
the ISS and Commercial Resupply Services Program;
(3) a national, government-led space program that builds on
current science and exploration programs, advances human
knowledge and capabilities, and opens the frontier beyond Earth
for ourselves, commercial enterprise, and science, and with our
international partners, is of critical importance to our
national destiny and to a future guided by United States values
and freedoms;
(4) continuity of purpose and effective execution of core
NASA programs are essential for efficient use of resources in
pursuit of timely and tangible accomplishments;
(5) NASA could improve its efficiency and effectiveness by
working with industry to streamline existing programs and
requirements, procurement practices, institutional footprint,
and bureaucracy while preserving effective program oversight,
accountability, and safety;
(6) it is imperative that the United States maintain and
enhance its leadership in space exploration and space science,
and continue to expand freedom and economic opportunities in
space for all Americans that are consistent with the
Constitution of the United States; and
(7) NASA should be a multi-mission space agency, and should
have a balanced and robust set of core missions in space
science, space technology, aeronautics, human space flight and
exploration, and education.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) Returns on the Nation's investments in science,
technology, and exploration accrue over decades-long
timeframes, and a disruption of such investments could prevent
returns from being fully realized.
(2) Past challenges to the continuity of such investments,
particularly threats regarding the cancellation of authorized
programs with bipartisan and bicameral support, have disrupted
completion of major space systems thereby--
(A) impeding planning and pursuit of national
objectives in space science and human space
exploration;
(B) placing such investments in space science and
space exploration at risk; and
(C) degrading the aerospace industrial base.
(3) The National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155; 119 Stat. 2895),
National Aeronautics and Space Administration Authorization Act
of 2008 (Public Law 110-422; 122 Stat. 4779), and National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18301 et seq.) reflect a broad, bipartisan agreement
on the path forward for NASA's core missions in science, space
technology, aeronautics, human space flight and exploration,
and education, that serves as the foundation for the policy
updates by this Act.
(4) Sufficient investment and maximum utilization of the
ISS and ISS National Laboratory with our international and
industry partners is--
(A) consistent with the goals and objectives of the
United States space program; and
(B) imperative to continuing United States global
leadership in human space exploration, science,
research, technology development, and education
opportunities that contribute to development of the
next generation of American scientists, engineers, and
leaders, and to creating the opportunity for economic
development of low-Earth orbit.
(5) NASA has made measurable progress in the development
and testing of the Space Launch System and Orion exploration
systems with the near-term objectives of the initial integrated
test flight and launch in 2018, a human mission in 2021, and
continued missions with an annual cadence in cis-lunar space
and eventually to the surface of Mars.
(6) The Commercial Crew Program has made measurable
progress toward reestablishing the capability to launch United
States government astronauts from United States soil into low-
Earth orbit by the end of 2018.
(7) The Aerospace Safety Advisory Panel, in its 2015 Annual
Report, urged continuity of purpose noting concerns over the
potential for cost overruns and schedule slips that could
accompany significant changes to core NASA programs.
TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT
SEC. 301. OPERATION OF THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) after 15 years of continuous human presence in low-
Earth orbit, the ISS continues to overcome challenges and
operate safely;
(2) the ISS is a unique testbed for future space
exploration systems development, including long-duration space
travel;
(3) the expansion of partnerships, scientific research, and
commercial applications of the ISS is essential to ensuring the
greatest return on investments made by the United States and
its international space partners in the development, assembly,
and operations of that unique facility;
(4) utilization of the ISS will sustain United States
leadership and progress in human space exploration by--
(A) facilitating the commercialization and economic
development of low-Earth orbit;
(B) serving as a testbed for technologies and a
platform for scientific research and development; and
(C) serving as an orbital facility enabling
research upon--
(i) the health, well-being, and performance
of humans in space; and
(ii) the development of in-space systems
enabling human space exploration beyond low-
Earth orbit; and
(5) the ISS provides a platform for fundamental,
microgravity, discovery-based space life and physical sciences
research that is critical for enabling space exploration,
protecting humans in space, increasing pathways for commercial
space development that depend on advances in basic research,
and contributes to advancing science, technology, engineering,
and mathematics research.
(b) Objectives.--The primary objectives of the ISS program shall
be--
(1) to achieve the long term goal and objectives under
section 202 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18312); and
(2) to pursue a research program that advances knowledge
and provides other benefits to the Nation.
(c) Continuation of the ISS.--Section 501 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18351) is amended to read as follows:
``SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.
``(a) Policy of the United States.--It shall be the policy of the
United States, in consultation with its international partners in the
ISS program, to support full and complete utilization of the ISS
through at least 2024.
``(b) NASA Action.--In furtherance of the policy set forth in
subsection (a), NASA shall--
``(1) pursue international, commercial, and
intragovernmental means to maximize ISS logistics supply,
maintenance, and operational capabilities, reduce risks to ISS
systems sustainability, and offset and minimize United States
operations costs relating to the ISS;
``(2) utilize, to the extent practicable, the ISS for the
development of capabilities and technologies needed for the
future of human space exploration beyond low-Earth orbit; and
``(3) utilize, if practical and cost effective, the ISS for
Science Mission Directorate missions in low-Earth orbit.''.
SEC. 302. TRANSPORTATION TO ISS.
(a) Findings.--Congress finds that reliance on foreign carriers for
United States crew transfer is unacceptable, and the Nation's human
space flight program must acquire the capability to launch United
States government astronauts on vehicles using United States rockets
from United States soil as soon as is safe, reliable, and affordable to
do so.
(b) Sense of Congress on Commercial Crew Program and Commercial
Resupply Services Program.--It is the sense of Congress that--
(1) once developed and certified to meet the
Administration's safety and reliability requirements, United
States commercially provided crew transportation systems can
serve as the primary means of transporting United States
government astronauts and international partner astronauts to
and from the ISS and serving as ISS crew rescue vehicles;
(2) previous budgetary assumptions used by the
Administration in its planning for the Commercial Crew Program
assumed significantly higher funding levels than were
authorized and appropriated by Congress;
(3) credibility in the Administration's budgetary estimates
for the Commercial Crew Program can be enhanced by an
independently developed cost estimate;
(4) such credibility in budgetary estimates is an important
factor in understanding program risk;
(5) United States access to low-Earth orbit is paramount to
the continued success of the ISS and ISS National Laboratory;
(6) a stable and successful Commercial Resupply Services
Program and Commercial Crew Program are critical to ensuring
timely provisioning of the ISS and to reestablishing the
capability to launch United States government astronauts from
United States soil into orbit, ending reliance upon Russian
transport of United States government astronauts to the ISS
which has not been possible since the retirement of the Space
Shuttle program in 2011;
(7) NASA should build upon the success of the Commercial
Orbital Transportation Services Program and Commercial Resupply
Services Program that have allowed private sector companies to
partner with NASA to deliver cargo and scientific experiments
to the ISS since 2012;
(8) the 21st Century Launch Complex Program has enabled
significant modernization and infrastructure improvements at
launch sites across the United States to support NASA's
Commercial Resupply Services Program and other civil and
commercial space flight missions; and
(9) the 21st Century Launch Complex Program should be
continued in a manner that leverages State and private
investments to achieve the goals of that program.
(c) Reaffirmation.--Congress reaffirms--
(1) its commitment to the use of a commercially developed,
private sector launch and delivery system to the ISS for crew
missions as expressed in the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2895), the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422;
122 Stat. 4779), and the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18301 et
seq.); and
(2) the requirement under section 50111(b)(1)(A) of title
51, United States Code, that the Administration shall make use
of United States commercially provided ISS crew transfer and
crew rescue services to the maximum extent practicable.
(d) Use of Non-United States Human Space Flight Transportation
Capabilities.--Section 201(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18311(a)) is
amended to read as follows:
``(a) Use of Non-United States Human Space Flight Transportation
Services.--
``(1) In general.--The Federal Government may not acquire
human space flight transportation services from a foreign
entity unless--
``(A) no United States Government-operated human
space flight capability is available;
``(B) no United States commercial provider is
available; and
``(C) it is a qualified foreign entity.
``(2) Definitions.--In this subsection:
``(A) Commercial provider.--The term `commercial
provider' means any person providing human space flight
transportation services, primary control of which is
held by persons other than the Federal Government, a
State or local government, or a foreign government.
``(B) Qualified foreign entity.--The term
`qualified foreign entity' means a foreign entity that
is in compliance with all applicable safety standards
and is not prohibited from providing space
transportation services under other law.
``(C) United states commercial provider.--The term
`United States commercial provider' means a commercial
provider, organized under the laws of the United States
or of a State, that is more than 50 percent owned by
United States nationals.
``(3) Arrangements with foreign entities.--Nothing in this
subsection shall prevent the Administrator from negotiating or
entering into human space flight transportation arrangements
with foreign entities to ensure safety of flight and continued
ISS operations.''.
(e) Commercial Crew Program.--
(1) Objective.--The objective of the Commercial Crew
Program shall be to assist in the development and certification
of commercially provided transportation that--
(A) can carry United States government astronauts
safely, reliably, and affordably to and from the ISS;
(B) can serve as a crew rescue vehicle; and
(C) can accomplish subparagraphs (A) and (B) as
soon as practicable.
(2) Primary consideration.--The objective described in
paragraph (1) shall be the primary consideration in the
acquisition strategy for the Commercial Crew Program.
(3) Safety.--
(A) In general.--The Administrator shall protect
the safety of government astronauts by ensuring that
each commercially provided transportation system under
this subsection meets all applicable human rating
requirements in accordance with section 403(b)(1) of
the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18342(b)(1)).
(B) Lessons learned.--Consistent with the findings
and recommendations of the Columbia Accident
Investigation Board, the Administration shall ensure
that safety and the minimization of the probability of
loss of crew are the critical priorities of the
Commercial Crew Program.
(4) Cost minimization.--The Administrator shall strive
through the competitive selection process to minimize the life
cycle cost to the Administration through the planned period of
commercially provided crew transportation services.
(f) Commercial Cargo Program.--Section 401 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18341) is amended by striking ``Commercial Orbital
Transportation Services'' and inserting ``Commercial Resupply
Services''.
(g) Competition.--It is the policy of the United States that, to
foster the competitive development, operation, improvement, and
commercial availability of space transportation services, and to
minimize the life cycle cost to the Administration, the Administrator
shall procure services for Federal Government access to and return from
the ISS, whenever practicable, via fair and open competition for well-
defined, milestone-based, Federal Acquisition Regulation-based
contracts under section 201(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18311(a)).
(h) Transparency.--
(1) Sense of congress.--It is the sense of Congress that
cost transparency and schedule transparency aid in effective
program management and risk assessment.
(2) In general.--The Administrator shall, to the greatest
extent practicable and in a manner that does not add costs or
schedule delays to the program, ensure all Commercial Crew
Program and Commercial Resupply Services Program providers
provide evidence-based support for their costs and schedules.
(i) ISS Cargo Resupply Services Lessons Learned.--Not later than
120 days after the date of enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report that--
(1) identifies the lessons learned to date from previous
and existing Commercial Resupply Services contracts;
(2) indicates whether changes are needed to the manner in
which the Administration procures and manages similar services
prior to the issuance of future Commercial Resupply Services
procurement opportunities; and
(3) identifies any lessons learned from the Commercial
Resupply Services contracts that should be applied to the
procurement and management of commercially provided crew
transfer services to and from the ISS or to other future
procurements.
SEC. 303. ISS TRANSITION PLAN.
(a) Findings.--Congress finds that--
(1) NASA has been both the primary supplier and consumer of
human space flight capabilities and services of the ISS and in
low-Earth orbit; and
(2) according to the National Research Council report
``Pathways to Exploration: Rationales and Approaches for a U.S.
Program of Human Space Exploration'' extending ISS beyond 2020
to 2024 or 2028 will have significant negative impacts on the
schedule of crewed missions to Mars, without significant
increases in funding.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an orderly transition for United States human space
flight activities in low-Earth orbit from the current regime,
that relies heavily on NASA sponsorship, to a regime where NASA
is one of many customers of a low-Earth orbit commercial human
space flight enterprise may be necessary; and
(2) decisions about the long-term future of the ISS impact
the ability to conduct future deep space exploration
activities, and that such decisions regarding the ISS should be
considered in the context of the human exploration roadmap
under section 432 of this Act.
(c) Reports.--Section 50111 of title 51, United States Code, is
amended by adding at the end the following:
``(c) ISS Transition Plan.--
``(1) In general.--The Administrator, in coordination with
the ISS management entity (as defined in section 2 of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017), ISS partners, the scientific user
community, and the commercial space sector, shall develop a
plan to transition in a step-wise approach from the current
regime that relies heavily on NASA sponsorship to a regime
where NASA could be one of many customers of a low-Earth orbit
non-governmental human space flight enterprise.
``(2) Reports.--Not later than December 1, 2017, and
biennially thereafter until 2023, 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 includes--
``(A) a description of the progress in achieving
the Administration's deep space human exploration
objectives on ISS and prospects for accomplishing
future mission requirements, space exploration
objectives, and other research objectives on future
commercially supplied low-Earth orbit platforms or
migration of those objectives to cis-lunar space;
``(B) the steps NASA is taking and will take,
including demonstrations that could be conducted on the
ISS, to stimulate and facilitate commercial demand and
supply of products and services in low-Earth orbit;
``(C) an identification of barriers preventing the
commercialization of low-Earth orbit, including issues
relating to policy, regulations, commercial
intellectual property, data, and confidentiality, that
could inhibit the use of the ISS as a commercial
incubator;
``(D) the criteria for defining the ISS as a
research success;
``(E) the criteria used to determine whether the
ISS is meeting the objective under section 301(b)(2) of
the National Aeronautics and Space Administration
Transition Authorization Act of 2017;
``(F) an assessment of whether the criteria under
subparagraphs (D) and (E) are consistent with the
research areas defined in, and recommendations and
schedules under, the current National Academies of
Sciences, Engineering, and Medicine Decadal Survey on
Biological and Physical Sciences in Space;
``(G) any necessary contributions that ISS
extension would make to enabling execution of the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition
Authorization Act of 2017;
``(H) the cost estimates for operating the ISS to
achieve the criteria required under subparagraphs (D)
and (E) and the contributions identified under
subparagraph (G);
``(I) the cost estimates for extending operations
of the ISS to 2024, 2028, and 2030;
``(J) an evaluation of the feasible and preferred
service life of the ISS beyond the period described in
section 503 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18353), through at least 2028, as a unique scientific,
commercial, and space exploration-related facility,
including--
``(i) a general discussion of international
partner capabilities and prospects for
extending the partnership;
``(ii) the cost associated with extending
the service life;
``(iii) an assessment on the technical
limiting factors of the service life of the
ISS, including a list of critical components
and their expected service life and
availability; and
``(iv) such other information as may be
necessary to fully describe the justification
for and feasibility of extending the service
life of the ISS, including the potential
scientific or technological benefits to the
Federal Government, public, or to academic or
commercial entities;
``(K) an identification of the necessary actions
and an estimate of the costs to deorbit the ISS once it
has reached the end of its service life;
``(L) the impact on deep space exploration
capabilities, including a crewed mission to Mars in the
2030s, if the preferred service life of the ISS is
extended beyond 2024 and NASA maintains a flat budget
profile; and
``(M) an evaluation of the functions, roles, and
responsibilities for management and operation of the
ISS and a determination of--
``(i) those functions, roles, and
responsibilities the Federal Government should
retain during the lifecycle of the ISS;
``(ii) those functions, roles, and
responsibilities that could be transferred to
the commercial space sector;
``(iii) the metrics that would indicate the
commercial space sector's readiness and ability
to assume the functions, roles, and
responsibilities described in clause (ii); and
``(iv) any necessary changes to any
agreements or other documents and the law to
enable the activities described in
subparagraphs (A) and (B).
``(3) Demonstrations.--If additional Government crew,
power, and transportation resources are available after meeting
the Administration's requirements for ISS activities defined in
the human exploration roadmap and related research,
demonstrations identified under paragraph (2) may--
``(A) test the capabilities needed to meet future
mission requirements, space exploration objectives, and
other research objectives described in paragraph
(2)(A); and
``(B) demonstrate or test capabilities, including
commercial modules or deep space habitats,
Environmental Control and Life Support Systems, orbital
satellite assembly, exploration space suits, a node
that enables a wide variety of activity, including
multiple commercial modules and airlocks, additional
docking or berthing ports for commercial crew and
cargo, opportunities for the commercial space sector to
cost share for transportation and other services on the
ISS, other commercial activities, or services obtained
through alternate acquisition approaches.''.
SEC. 304. SPACE COMMUNICATIONS.
(a) Plan.--The Administrator shall develop a plan, in consultation
with relevant Federal agencies, to meet the Administration's projected
space communication and navigation needs for low-Earth orbit and deep
space operations in the 20-year period following the date of enactment
of this Act.
(b) Contents.--The plan shall include--
(1) the lifecycle cost estimates and a 5-year funding
profile;
(2) the performance capabilities required to meet the
Administration's projected space communication and navigation
needs;
(3) the measures the Administration will take to sustain
the existing space communications and navigation architecture;
(4) an identification of the projected space communications
and navigation network and infrastructure needs;
(5) a description of the necessary upgrades to meet the
needs identified in paragraph (4), including--
(A) an estimate of the cost of the upgrades;
(B) a schedule for implementing the upgrades; and
(C) an assessment of whether and how any related
missions will be impacted if resources are not secured
at the level needed;
(6) the cost estimates for the maintenance of existing
space communications network capabilities necessary to meet the
needs identified in paragraph (4);
(7) the criteria for prioritizing resources for the
upgrades described in paragraph (5) and the maintenance
described in paragraph (6);
(8) an estimate of any reimbursement amounts the
Administration may receive from other Federal agencies;
(9) an identification of the projected Tracking and Data
Relay Satellite System needs in the 20-year period following
the date of enactment of this Act, including in support of
relevant Federal agencies, and cost and schedule estimates to
maintain and upgrade the Tracking and Data Relay Satellite
System to meet the projected needs;
(10) the measures the Administration is taking to meet
space communications needs after all Tracking and Data Relay
Satellite System third-generation communications satellites are
operational; and
(11) the measures the Administration is taking to mitigate
threats to electromagnetic spectrum use.
(c) Schedule.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit the plan to the appropriate
committees of Congress.
SEC. 305. INDEMNIFICATION; NASA LAUNCH SERVICES AND REENTRY SERVICES.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20148. Indemnification; NASA launch services and reentry
services
``(a) In General.--Under such regulations in conformity with this
section as the Administrator shall prescribe taking into account the
availability, cost, and terms of liability insurance, any contract
between the Administration and a provider may provide that the United
States will indemnify the provider against successful claims (including
reasonable expenses of litigation or settlement) by third parties for
death, bodily injury, or loss of or damage to property resulting from
launch services and reentry services carried out under the contract
that the contract defines as unusually hazardous or nuclear in nature,
but only to the extent the total amount of successful claims related to
the activities under the contract--
``(1) is more than the amount of insurance or demonstration
of financial responsibility described in subsection (c)(3); and
``(2) is not more than the amount specified in section
50915(a)(1)(B).
``(b) Terms of Indemnification.--A contract made under subsection
(a) that provides indemnification shall provide for--
``(1) notice to the United States of any claim or suit
against the provider for death, bodily injury, or loss of or
damage to property; and
``(2) control of or assistance in the defense by the United
States, at its election, of that claim or suit and approval of
any settlement.
``(c) Liability Insurance of the Provider.--
``(1) In general.--The provider under subsection (a) shall
obtain liability insurance or demonstrate financial
responsibility in amounts to compensate for the maximum
probable loss from claims by--
``(A) a third party for death, bodily injury, or
property damage or loss resulting from a launch service
or reentry service carried out under the contract; and
``(B) the United States Government for damage or
loss to Government property resulting from a launch
service or reentry service carried out under the
contract.
``(2) Maximum probable losses.--
``(A) In general.--The Administrator shall
determine the maximum probable losses under
subparagraphs (A) and (B) of paragraph (1) not later
than 90 days after the date that the provider requests
such a determination and submits all information the
Administrator requires.
``(B) Revisions.--The Administrator may revise a
determination under subparagraph (A) of this paragraph
if the Administrator determines the revision is
warranted based on new information.
``(3) Amount of insurance.--For the total claims related to
one launch or reentry, a provider shall not be required to
obtain insurance or demonstrate financial responsibility of
more than--
``(A)(i) $500,000,000 under paragraph (1)(A); or
``(ii) $100,000,000 under paragraph (1)(B);
or
``(B) the maximum liability insurance available on
the world market at reasonable cost.
``(4) Coverage.--An insurance policy or demonstration of
financial responsibility under this subsection shall protect
the following, to the extent of their potential liability for
involvement in launch services or reentry services:
``(A) The Government.
``(B) Personnel of the Government.
``(C) Related entities of the Government.
``(D) Related entities of the provider.
``(E) Government astronauts.
``(d) No Indemnification Without Cross-waiver.--Notwithstanding
subsection (a), the Administrator may not indemnify a provider under
this section unless there is a cross-waiver between the Administration
and the provider as described in subsection (e).
``(e) Cross-Waivers.--
``(1) In general.--The Administrator, on behalf of the
United States and its departments, agencies, and
instrumentalities, shall reciprocally waive claims with a
provider under which each party to the waiver agrees to be
responsible, and agrees to ensure that its related entities are
responsible, for damage or loss to its property, or for losses
resulting from any injury or death sustained by its employees
or agents, as a result of activities arising out of the
performance of the contract.
``(2) Limitation.--The waiver made by the Government under
paragraph (1) shall apply only to the extent that the claims
are more than the amount of insurance or demonstration of
financial responsibility required under subsection (c)(1)(B).
``(f) Willful Misconduct.--Indemnification under subsection (a) may
exclude claims resulting from the willful misconduct of the provider or
its related entities.
``(g) Certification of Just and Reasonable Amount.--No payment may
be made under subsection (a) unless the Administrator or the
Administrator's designee certifies that the amount is just and
reasonable.
``(h) Payments.--
``(1) In general.--Upon the approval by the Administrator,
payments under subsection (a) may be made from funds
appropriated for such payments.
``(2) Limitation.--The Administrator shall not approve
payments under paragraph (1), except to the extent provided in
an appropriation law or to the extent additional legislative
authority is enacted providing for such payments.
``(3) Additional appropriations.--If the Administrator
requests additional appropriations to make payments under this
subsection, then the request for those appropriations shall be
made in accordance with the procedures established under
section 50915.
``(i) Rules of Construction.--
``(1) In general.--The authority to indemnify under this
section shall not create any rights in third persons that would
not otherwise exist by law.
``(2) Other authority.--Nothing in this section may be
construed as prohibiting the Administrator from indemnifying a
provider or any other NASA contractor under other law,
including under Public Law 85-804 (50 U.S.C. 1431 et seq.).
``(3) Anti-deficiency act.--Notwithstanding any other
provision of this section--
``(A) all obligations under this section are
subject to the availability of funds; and
``(B) nothing in this section may be construed to
require obligation or payment of funds in violation of
sections 1341, 1342, 1349 through 1351, and 1511
through 1519 of title 31, United States Code (commonly
referred to as the `Anti-Deficiency Act').
``(j) Relationship to Other Laws.--The Administrator may not
provide indemnification under this section for an activity that
requires a license or permit under chapter 509.
``(k) Definitions.--In this section:
``(1) Government astronaut.--The term `government
astronaut' has the meaning given the term in section 50902.
``(2) Launch services.--The term `launch services' has the
meaning given the term in section 50902.
``(3) Provider.--The term `provider' means a person that
provides domestic launch services or domestic reentry services
to the Government.
``(4) Reentry services.--The term `reentry services' has
the meaning given the term in section 50902.
``(5) Related entity.--The term `related entity' means a
contractor or subcontractor.
``(6) Third party.--The term `third party' means a person
except--
``(A) the United States Government;
``(B) related entities of the Government involved
in launch services or reentry services;
``(C) a provider;
``(D) related entities of the provider involved in
launch services or reentry services; or
``(E) a government astronaut.''.
(b) Conforming Amendment.--The table of contents for subchapter III
of chapter 201 of title 51, United States Code, is amended by inserting
after the item relating to section 20147 the following:
``20148. Indemnification; NASA launch services and reentry services.''.
TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION
Subtitle A--Human Space Flight and Exploration Goals and Objectives
SEC. 411. HUMAN SPACE FLIGHT AND EXPLORATION LONG-TERM GOALS.
Section 202(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(a)) is amended to read as
follows:
``(a) Long-term Goals.--The long-term goals of the human space
flight and exploration efforts of NASA shall be--
``(1) to expand permanent human presence beyond low-Earth
orbit and to do so, where practical, in a manner involving
international, academic, and industry partners;
``(2) crewed missions and progress toward achieving the
goal in paragraph (1) to enable the potential for subsequent
human exploration and the extension of human presence
throughout the solar system; and
``(3) to enable a capability to extend human presence,
including potential human habitation on another celestial body
and a thriving space economy in the 21st Century.''.
SEC. 412. KEY OBJECTIVES.
Section 202(b) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to achieve human exploration of Mars and beyond
through the prioritization of those technologies and
capabilities best suited for such a mission in accordance with
the stepping stone approach to exploration under section 70504
of title 51, United States Code.''.
SEC. 413. VISION FOR SPACE EXPLORATION.
Section 20302 of title 51, United States Code, is amended--
(1) in subsection (a), by inserting ``in cis-lunar space
or'' after ``sustained human presence'';
(2) by amending subsection (b) to read as follows:
``(b) Future Exploration of Mars.--The Administrator shall manage
human space flight programs, including the Space Launch System and
Orion, to enable humans to explore Mars and other destinations by
defining a series of sustainable steps and conducting mission planning,
research, and technology development on a timetable that is technically
and fiscally possible, consistent with section 70504.''; and
(3) by adding at the end the following:
``(c) Definitions.--In this section:
``(1) 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).
``(2) Space launch system.--The term `Space Launch System'
means 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).''.
SEC. 414. STEPPING STONE APPROACH TO EXPLORATION.
Section 70504 of title 51, United States Code, is amended to read
as follows:
``Sec. 70504. Stepping stone approach to exploration
``(a) In General.--The Administration--
``(1) may conduct missions to intermediate destinations in
sustainable steps in accordance with section 20302(b) of this
title, and on a timetable determined by the availability of
funding, in order to achieve the objective of human exploration
of Mars specified in section 202(b)(5) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18312(b)(5)); and
``(2) shall incorporate any such missions into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017.
``(b) Cost-effectiveness.--In order to maximize the cost-
effectiveness of the long-term space exploration and utilization
activities of the United States, the Administrator shall take all
necessary steps, including engaging international, academic, and
industry partners, to ensure that activities in the Administration's
human space exploration program balance how those activities might also
help meet the requirements of future exploration and utilization
activities leading to human habitation on the surface of Mars.
``(c) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delays.
``(d) International Participation.--In order to achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
President may invite the United States partners in the ISS program and
other nations, as appropriate, to participate in an international
initiative under the leadership of the United States.''.
SEC. 415. UPDATE OF EXPLORATION PLAN AND PROGRAMS.
Section 70502(2) of title 51, United States Code, is amended to
read as follows:
``(2) implement an exploration research and technology
development program to enable human and robotic operations
consistent with section 20302(b) of this title;''.
SEC. 416. REPEALS.
(a) Space Shuttle Capability Assurance.--Section 203 of the
National Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18313) is amended--
(1) by striking subsection (b);
(2) in subsection (d), by striking ``subsection (c)'' and
inserting ``subsection (b)''; and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Shuttle Pricing Policy for Commercial and Foreign Users.--
Chapter 703 of title 51, United States Code, and the item relating to
that chapter in the table of chapters for that title, are repealed.
(c) Shuttle Privatization.--Section 50133 of title 51, United
States Code, and the item relating to that section in the table of
sections for chapter 501 of that title, are repealed.
SEC. 417. ASSURED ACCESS TO SPACE.
Section 70501 of title 51, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Policy Statement.--In order to ensure continuous United
States participation and leadership in the exploration and utilization
of space and as an essential instrument of national security, it is the
policy of the United States to maintain an uninterrupted capability for
human space flight and operations--
``(1) in low-Earth orbit; and
``(2) beyond low-Earth orbit once the capabilities
described in section 421(f) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
become available.''; and
(2) in subsection (b), by striking ``Committee on Science
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate describing the progress being made toward developing the
Crew Exploration Vehicle and the Crew Launch Vehicle'' and
inserting ``Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives describing the
progress being made toward developing the Space Launch System
and Orion''.
Subtitle B--Assuring Core Capabilities for Exploration
SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) NASA has made steady progress in developing and testing
the Space Launch System and Orion exploration systems with the
successful Exploration Flight Test of Orion in December of
2014, the final qualification test firing of the 5-segment
Space Launch System boosters in June 2016, and a full thrust,
full duration test firing of the RS-25 Space Launch System core
stage engine in August 2016.
(2) Through the 21st Century Launch Complex program and
Exploration Ground Systems programs, NASA has made significant
progress in transforming exploration ground systems
infrastructure to meet NASA's mission requirements for the
Space Launch System and Orion and to modernize NASA's launch
complexes to the benefit of the civil, defense, and commercial
space sectors.
(b) Space Launch System.--
(1) Sense of congress.--It is the sense of Congress that
use of the Space Launch System and Orion, with contributions
from partnerships with the private sector, academia, and the
international community, is the most practical approach to
reaching the Moon, Mars, and beyond.
(2) Reaffirmation.--Congress reaffirms the policy and
minimum capability requirements for the Space Launch System
under section 302 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322).
(c) Sense of Congress on Space Launch System, Orion, and
Exploration Ground Systems.--It is the sense of Congress that--
(1) as the United States works to send humans on a series
of missions to Mars in the 2030s, the United States national
space program should continue to make progress on its
commitment by fully developing the Space Launch System, Orion,
and related Exploration Ground Systems;
(2) using the Space Launch System and Orion for a wide
range of contemplated missions will facilitate the national
defense, science, and exploration objectives of the United
States;
(3) the United States should have continuity of purpose for
the Space Launch System and Orion in deep space exploration
missions, using them beginning with the uncrewed mission, EM-1,
planned for 2018, followed by the crewed mission, EM-2, in cis-
lunar space planned for 2021, and for subsequent missions
beginning with EM-3 extending into cis-lunar space and
eventually to Mars;
(4) the President's annual budget requests for the Space
Launch System and Orion development, test, and operational
phases should strive to accurately reflect the resource
requirements of each of those phases;
(5) the fully integrated Space Launch System, including an
upper stage needed to go beyond low-Earth orbit, will safely
enable human space exploration of the Moon, Mars, and beyond;
and
(6) the Administrator should budget for and undertake a
robust ground test and uncrewed and crewed flight test and
demonstration program for the Space Launch System and Orion in
order to promote safety and reduce programmatic risk.
(d) In General.--The Administrator shall continue the development
of the fully integrated Space Launch System, including an upper stage
needed to go beyond low-Earth orbit, in order to safely enable human
space exploration of the Moon, Mars, and beyond over the course of the
next century as required in section 302(c) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322(c)).
(e) Report.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report addressing the
ability of Orion to meet the needs and the minimum capability
requirements described in section 303(b)(3) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18323(b)(3)).
(2) Contents.--The report shall detail--
(A) those components and systems of Orion that
ensure it is in compliance with section 303(b)(3) of
that Act (42 U.S.C. 18323(b)(3));
(B) the expected date that Orion, integrated with a
vehicle other than the Space Launch System, could be
available to transport crew and cargo to the ISS;
(C) any impacts to the deep space exploration
missions under subsection (f) of this section due to
enabling Orion to meet the minimum capability
requirements described in section 303(b)(3) of that Act
(42 U.S.C. 18323(b)(3)) and conducting the mission
described in subparagraph (B) of this paragraph; and
(D) the overall cost and schedule impacts
associated with enabling Orion to meet the minimum
capability requirements described in section 303(b)(3)
of that Act (42 U.S.C. 18323(b)(3)) and conducting the
mission described in subparagraph (B) of this
paragraph.
(f) Exploration Missions.--The Administrator shall continue
development of--
(1) an uncrewed exploration mission to demonstrate the
capability of both the Space Launch System and Orion as an
integrated system by 2018;
(2) subject to applicable human rating processes and
requirements, a crewed exploration mission to demonstrate the
Space Launch System, including the Core Stage and Exploration
Upper Stages, by 2021;
(3) subsequent missions beginning with EM-3 at operational
flight rate sufficient to maintain safety and operational
readiness using the Space Launch System and Orion to extend
into cis-lunar space and eventually to Mars; and
(4) a deep space habitat as a key element in a deep space
exploration architecture along with the Space Launch System and
Orion.
(g) Other Uses.--The Administrator shall assess the utility of the
Space Launch System for use by the science community and for other
Federal Government launch needs, including consideration of overall
cost and schedule savings from reduced transit times and increased
science returns enabled by the unique capabilities of the Space Launch
System.
(h) Utilization Report.--
(1) In general.--The Administrator, in consultation with
the Secretary of Defense and the Director of National
Intelligence, shall prepare a report that addresses the effort
and budget required to enable and utilize a cargo variant of
the 130-ton Space Launch System configuration described in
section 302(c) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).
(2) Contents.--In preparing the report, the Administrator
shall--
(A) consider the technical requirements of the
scientific and national security communities related to
a cargo variant of the Space Launch System; and
(B) directly assess the utility and estimated cost
savings obtained by using a cargo variant of the Space
Launch System for national security and space science
missions.
(3) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
submit the report to the appropriate committees of Congress.
Subtitle C--Journey to Mars
SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.
Congress makes the following findings:
(1) In accordance with section 204 of the National
Aeronautics and Space Administration Authorization Act of 2010
(124 Stat. 2813), the National Academies of Sciences,
Engineering, and Medicine, through its Committee on Human
Spaceflight, conducted a review of the goals, core
capabilities, and direction of human space flight, and
published the findings and recommendations in a 2014 report
entitled, ``Pathways to Exploration: Rationales and Approaches
for a U.S. Program of Human Space Exploration''.
(2) The Committee on Human Spaceflight included leaders
from the aerospace, scientific, security, and policy
communities.
(3) With input from the public, the Committee on Human
Spaceflight concluded that many practical and aspirational
rationales for human space flight together constitute a
compelling case for continued national investment and pursuit
of human space exploration toward the horizon goal of Mars.
(4) According to the Committee on Human Spaceflight, the
rationales include economic benefits, national security,
national prestige, inspiring students and other citizens,
scientific discovery, human survival, and a sense of shared
destiny.
(5) The Committee on Human Spaceflight affirmed that Mars
is the appropriate long-term goal for the human space flight
program.
(6) The Committee on Human Spaceflight recommended that
NASA define a series of sustainable steps and conduct mission
planning and technology development as needed to achieve the
long-term goal of placing humans on the surface of Mars.
(7) Expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars requires early planning
and timely decisions to be made in the near-term on the
necessary courses of action for commitments to achieve short-
term and long-term goals and objectives.
(8) In addition to the 2014 report described in paragraph
(1), there are several independently developed reports or
concepts that describe potential Mars architectures or concepts
and identify Mars as the long-term goal for human space
exploration, including NASA's ``The Global Exploration
Roadmap'' of 2013, ``NASA's Journey to Mars-Pioneering Next
Steps in Space Exploration'' of 2015, NASA Jet Propulsion
Laboratory's ``Minimal Architecture for Human Journeys to
Mars'' of 2015, and Explore Mars' ``The Humans to Mars Report
2016''.
SEC. 432. HUMAN EXPLORATION ROADMAP.
(a) Sense of Congress.--It is the sense of Congress that--
(1) expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars in the 2030s requires
early strategic planning and timely decisions to be made in the
near-term on the necessary courses of action for commitments to
achieve short-term and long-term goals and objectives;
(2) for strong and sustained United States leadership, a
need exists to advance a human exploration roadmap, addressing
exploration objectives in collaboration with international,
academic, and industry partners;
(3) an approach that incrementally advances toward a long-
term goal is one in which nearer-term developments and
implementation would influence future development and
implementation; and
(4) a human exploration roadmap should begin with low-Earth
orbit, then address in greater detail progress beyond low-Earth
orbit to cis-lunar space, and then address future missions
aimed at human arrival and activities near and then on the
surface of Mars.
(b) Human Exploration Roadmap.--
(1) In general.--The Administrator shall develop a human
exploration roadmap, including a critical decision plan, to
expand human presence beyond low-Earth orbit to the surface of
Mars and beyond, considering potential interim destinations
such as cis-lunar space and the moons of Mars.
(2) Scope.--The human exploration roadmap shall include--
(A) an integrated set of exploration, science, and
other goals and objectives of a United States human
space exploration program to achieve the long-term goal
of human missions near or on the surface of Mars in the
2030s;
(B) opportunities for international, academic, and
industry partnerships for exploration-related systems,
services, research, and technology if those
opportunities provide cost-savings, accelerate program
schedules, or otherwise benefit the goals and
objectives developed under subparagraph (A);
(C) sets and sequences of precursor missions in
cis-lunar space and other missions or activities
necessary--
(i) to demonstrate the proficiency of the
capabilities and technologies identified under
subparagraph (D); and
(ii) to meet the goals and objectives
developed under subparagraph (A), including
anticipated timelines and missions for the
Space Launch System and Orion;
(D) an identification of the specific capabilities
and technologies, including the Space Launch System,
Orion, a deep space habitat, and other capabilities,
that facilitate the goals and objectives developed
under subparagraph (A);
(E) a description of how cis-lunar elements,
objectives, and activities advance the human
exploration of Mars;
(F) an assessment of potential human health and
other risks, including radiation exposure;
(G) mitigation plans, whenever possible, to address
the risks identified in subparagraph (F);
(H) a description of those technologies already
under development across the Federal Government or by
other entities that facilitate the goals and objectives
developed under subparagraph (A);
(I) a specific process for the evolution of the
capabilities of the fully integrated Orion with the
Space Launch System and a description of how these
systems facilitate the goals and objectives developed
under subparagraph (A) and demonstrate the capabilities
and technologies described in subparagraph (D);
(J) a description of the capabilities and
technologies that need to be demonstrated or research
data that could be gained through the utilization of
the ISS and the status of the development of such
capabilities and technologies;
(K) a framework for international cooperation in
the development of all capabilities and technologies
identified under this section, including an assessment
of the risks posed by relying on international partners
for capabilities and technologies on the critical path
of development;
(L) a process for partnering with nongovernmental
entities using Space Act Agreements or other
acquisition instruments for future human space
exploration; and
(M) include information on the phasing of planned
intermediate destinations, Mars mission risk areas and
potential risk mitigation approaches, technology
requirements and phasing of required technology
development activities, the management strategy to be
followed, related ISS activities, planned international
collaborative activities, potential commercial
contributions, and other activities relevant to the
achievement of the goal established in this section.
(3) Considerations.--In developing the human exploration
roadmap, the Administrator shall consider--
(A) using key exploration capabilities, namely the
Space Launch System and Orion;
(B) using existing commercially available
technologies and capabilities or those technologies and
capabilities being developed by industry for commercial
purposes;
(C) establishing an organizational approach to
ensure collaboration and coordination among NASA's
Mission Directorates under section 821, when
appropriate, including to collect and return to Earth a
sample from the Martian surface;
(D) building upon the initial uncrewed mission, EM-
1, and first crewed mission, EM-2, of the Space Launch
System and Orion to establish a sustainable cadence of
missions extending human exploration missions into cis-
lunar space, including anticipated timelines and
milestones;
(E) developing the robotic and precursor missions
and activities that will demonstrate, test, and develop
key technologies and capabilities essential for
achieving human missions to Mars, including long-
duration human operations beyond low-Earth orbit, space
suits, solar electric propulsion, deep space habitats,
environmental control life support systems, Mars lander
and ascent vehicle, entry, descent, landing, ascent,
Mars surface systems, and in-situ resource utilization;
(F) demonstrating and testing 1 or more habitat
modules in cis-lunar space to prepare for Mars
missions;
(G) using public-private, firm fixed-price
partnerships, where practicable;
(H) collaborating with international, academic, and
industry partners, when appropriate;
(I) any risks to human health and sensitive onboard
technologies, including radiation exposure;
(J) any risks identified through research outcomes
under the NASA Human Research Program's Behavioral
Health Element; and
(K) the recommendations and ideas of several
independently developed reports or concepts that
describe potential Mars architectures or concepts and
identify Mars as the long-term goal for human space
exploration, including the reports described under
section 431.
(4) Critical decision plan on human space exploration.--As
part of the human exploration roadmap, the Administrator shall
include a critical decision plan--
(A) identifying and defining key decisions guiding
human space exploration priorities and plans that need
to be made before June 30, 2020, including decisions
that may guide human space exploration capability
development, precursor missions, long-term missions,
and activities;
(B) defining decisions needed to maximize
efficiencies and resources for reaching the near,
intermediate, and long-term goals and objectives of
human space exploration; and
(C) identifying and defining timelines and
milestones for a sustainable cadence of missions
beginning with EM-3 for the Space Launch System and
Orion to extend human exploration from cis-lunar space
to the surface of Mars.
(5) Reports.--
(A) Initial human exploration roadmap.--The
Administrator shall submit to the appropriate
committees of Congress--
(i) an initial human exploration roadmap,
including a critical decision plan, before
December 1, 2017; and
(ii) an updated human exploration roadmap
periodically as the Administrator considers
necessary but not less than biennially.
(B) Contents.--Each human exploration roadmap under
this paragraph shall include a description of--
(i) the achievements and goals accomplished
in the process of developing such capabilities
and technologies during the 2-year period prior
to the submission of the human exploration
roadmap; and
(ii) the expected goals and achievements in
the following 2- year period.
(C) Submission with budget.--Each human exploration
roadmap under this section shall be included in the
budget for that fiscal year transmitted to Congress
under section 1105(a) of title 31, United States Code.
SEC. 433. ADVANCED SPACE SUIT CAPABILITY.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
detailed plan for achieving an advanced space suit capability that
aligns with the crew needs for exploration enabled by the Space Launch
System and Orion, including an evaluation of the merit of delivering
the planned suit system for use on the ISS.
SEC. 434. ASTEROID ROBOTIC REDIRECT MISSION.
(a) Findings.--Congress makes the following findings:
(1) NASA initially estimated that the Asteroid Robotic
Redirect Mission would launch in December 2020 and cost no more
than $1,250,000,000, excluding launch and operations.
(2) On July 15, 2016, NASA conducted its Key Decision
Point-B review of the Asteroid Robotic Redirect Mission or
approval for Phase B in mission formulation.
(3) During the Key Decision Point-B review, NASA estimated
that costs have grown to $1,400,000,000 excluding launch and
operations for a launch in December 2021 and the agency must
evaluate whether to accept the increase or reduce the Asteroid
Robotic Redirect Mission's scope to stay within the cost cap
set by the Administrator.
(4) In April 2015, the NASA Advisory Council--
(A) issued a finding that--
(i) high-performance solar electric
propulsion will likely be an important part of
an architecture to send humans to Mars; and
(ii) maneuvering a large test mass is not
necessary to provide a valid in-space test of a
new solar electric propulsion stage;
(B) determined that a solar electric propulsion
mission will contribute more directly to the goal of
sending humans to Mars if the mission is focused
entirely on development and validation of the solar
electric propulsion stage; and
(C) determined that other possible motivations for
acquiring and maneuvering a boulder, such as asteroid
science and planetary defense, do not have value
commensurate with their probable cost.
(5) The Asteroid Robotic Redirect Mission is competing for
resources with other critical exploration development programs,
including the Space Launch System, Orion, commercial crew, and
a habitation module.
(6) In 2014, the NASA Advisory Council recommended that
NASA conduct an independent cost and technical assessment of
the Asteroid Robotic Redirect Mission.
(7) In 2015, the NASA Advisory Council recommended that
NASA preserve the following key objectives if the program
needed to be descoped:
(A) Development of high power solar electric
propulsion.
(B) Ability to maneuver in a low gravity
environment in deep space.
(8) In January 2015 and July 2015, the NASA Advisory
Council expressed its concern to NASA about the potential for
growing costs for the program and highlighted that choices
would need to be made about the program's content.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the technological and scientific goals of the Asteroid
Robotic Redirect Mission have not been demonstrated to Congress
to be commensurate with the cost; and
(2) alternative missions may provide a more cost effective
and scientifically beneficial means to demonstrate the
technologies needed for a human mission to Mars that would
otherwise be demonstrated by the Asteroid Robotic Redirect
Mission.
(c) Evaluation and Report.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall--
(1) conduct an evaluation of--
(A) alternative approaches to the Asteroid Robotic
Redirect Mission for demonstrating the technologies and
capabilities needed for a human mission to Mars that
would otherwise be demonstrated by the Asteroid Robotic
Redirect Mission;
(B) the scientific and technical benefits of the
alternative approaches under subparagraph (A) to future
human space exploration compared to scientific and
technical benefits of the Asteroid Redirect Robotic
Mission;
(C) the commercial benefits of the alternative
approaches identified in subparagraph (A), including
the impact on the development of domestic solar
electric propulsion technology to bolster United States
competitiveness in the global marketplace; and
(D) a comparison of the estimated costs of the
alternative approaches identified in subparagraph (A);
and
(2) submit to the appropriate committees of Congress a
report on the evaluation under paragraph (1), including any
recommendations.
SEC. 435. MARS 2033 REPORT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall contract with an
independent, non-governmental systems engineering and technical
assistance organization to study a Mars human space flight mission to
be launched in 2033.
(b) Contents.--The study shall include--
(1) a technical development, test, fielding, and operations
plan using the Space Launch System, Orion, and other systems to
successfully launch such a Mars human space flight mission by
2033;
(2) an annual budget profile, including cost estimates, for
the technical development, test, fielding, and operations plan
to carry out a Mars human space flight mission by 2033; and
(3) a comparison of the annual budget profile to the 5-year
budget profile contained in the President's budget request for
fiscal year 2017 under section 1105 of title 31, United States
Code.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the study, including findings and
recommendations regarding the Mars 2033 human space flight mission
described in subsection (a).
(d) Assessment.--Not later than 60 days after the date the report
is submitted under subsection (c), the Administrator shall submit to
the appropriate committees of Congress an assessment by the NASA
Advisory Council of whether the proposal for a Mars human space flight
mission to be launched in 2033 is in the strategic interests of the
United States in space exploration.
Subtitle D--TREAT Astronauts Act
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ``To Research, Evaluate, Assess,
and Treat Astronauts Act'' or the ``TREAT Astronauts Act''.
SEC. 442. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Human space exploration can pose significant challenges
and is full of substantial risk, which has ultimately claimed
the lives of 24 NASA astronauts serving in the line of duty.
(2) As United States government astronauts participate in
long-duration and exploration space flight missions they may
experience increased health risks, such as vision impairment,
bone demineralization, and behavioral health and performance
risks, and may be exposed to galactic cosmic radiation.
Exposure to high levels of radiation and microgravity can
result in acute and long-term health consequences that can
increase the risk of cancer and tissue degeneration and have
potential effects on the musculoskeletal system, central
nervous system, cardiovascular system, immune function, and
vision.
(3) To advance the goal of long-duration and exploration
space flight missions, United States government astronaut Scott
Kelly participated in a 1-year twins study in space while his
identical twin brother, former United States government
astronaut Mark Kelly, acted as a human control specimen on
Earth, providing an understanding of the physical, behavioral,
microbiological, and molecular reaction of the human body to an
extended period of time in space.
(4) Since the Administration currently provides medical
monitoring, diagnosis, and treatment for United States
government astronauts during their active employment, given the
unknown long-term health consequences of long-duration space
exploration, the Administration has requested statutory
authority from Congress to provide medical monitoring,
diagnosis, and treatment to former United States government
astronauts for psychological and medical conditions associated
with human space flight.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to seek the unknown
and lead the world in space exploration and scientific
discovery as the Administration prepares for long-duration and
exploration space flight in deep space and an eventual mission
to Mars;
(2) data relating to the health of astronauts will become
increasingly valuable to improving our understanding of many
diseases humans face on Earth;
(3) the Administration should provide the type of
monitoring, diagnosis, and treatment described in subsection
(a) only for conditions the Administration considers unique to
the training or exposure to the space flight environment of
United States government astronauts and should not require any
former United States Government astronauts to participate in
the Administration's monitoring;
(4) such monitoring, diagnosis, and treatment should not
replace a former United States government astronaut's private
health insurance;
(5) expanded data acquired from such monitoring, diagnosis,
and treatment should be used to tailor treatment, inform the
requirements for new space flight medical hardware, and develop
controls in order to prevent disease occurrence in the
astronaut corps; and
(6) the 340-day space mission of Scott Kelly aboard the
ISS--
(A) was pivotal for the goal of the United States
for humans to explore deep space and Mars as the
mission generated new insight into how the human body
adjusts to weightlessness, isolation, radiation, and
the stress of long-duration space flight; and
(B) will help support the physical and mental well-
being of astronauts during longer space exploration
missions in the future.
SEC. 443. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN SPACE
FLIGHT.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 305 of this Act, is further amended
by adding at the end the following:
``Sec. 20149. Medical monitoring and research relating to human space
flight
``(a) In General.--Notwithstanding any other provision of law, the
Administrator may provide for--
``(1) the medical monitoring and diagnosis of a former
United States government astronaut or a former payload
specialist for conditions that the Administrator considers
potentially associated with human space flight; and
``(2) the treatment of a former United States government
astronaut or a former payload specialist for conditions that
the Administrator considers associated with human space flight,
including scientific and medical tests for psychological and
medical conditions.
``(b) Requirements.--
``(1) No cost sharing.--The medical monitoring, diagnosis,
or treatment described in subsection (a) shall be provided
without any deductible, copayment, or other cost sharing
obligation.
``(2) Access to local services.--The medical monitoring,
diagnosis, and treatment described in subsection (a) may be
provided by a local health care provider if it is unadvisable
due to the health of the applicable former United States
government astronaut or former payload specialist for that
former United States government astronaut or former payload
specialist to travel to the Lyndon B. Johnson Space Center, as
determined by the Administrator.
``(3) Secondary payment.--Payment or reimbursement for the
medical monitoring, diagnosis, or treatment described in
subsection (a) shall be secondary to any obligation of the
United States Government or any third party under any other
provision of law or contractual agreement to pay for or provide
such medical monitoring, diagnosis, or treatment. Any costs for
items and services that may be provided by the Administrator
for medical monitoring, diagnosis, or treatment under
subsection (a) that are not paid for or provided under such
other provision of law or contractual agreement, due to the
application of deductibles, copayments, coinsurance, other cost
sharing, or otherwise, are reimbursable by the Administrator on
behalf of the former United States government astronaut or
former payload specialist involved to the extent such items or
services are authorized to be provided by the Administrator for
such medical monitoring, diagnosis, or treatment under
subsection (a).
``(4) Conditional payment.--The Administrator may provide
for conditional payments for or provide medical monitoring,
diagnosis, or treatment described in subsection (a) that is
obligated to be paid for or provided by the United States or
any third party under any other provision of law or contractual
agreement to pay for or provide such medical monitoring,
diagnosis, or treatment if--
``(A) payment for (or the provision of) such
medical monitoring, diagnosis, or treatment services
has not been made (or provided) or cannot reasonably be
expected to be made (or provided) promptly by the
United States or such third party, respectively; and
``(B) such payment (or such provision of services)
by the Administrator is conditioned on reimbursement by
the United States or such third party, respectively,
for such medical monitoring, diagnosis, or treatment.
``(c) Exclusions.--The Administrator may not--
``(1) provide for medical monitoring or diagnosis of a
former United States government astronaut or former payload
specialist under subsection (a) for any psychological or
medical condition that is not potentially associated with human
space flight;
``(2) provide for treatment of a former United States
government astronaut or former payload specialist under
subsection (a) for any psychological or medical condition that
is not associated with human space flight; or
``(3) require a former United States government astronaut
or former payload specialist to participate in the medical
monitoring, diagnosis, or treatment authorized under subsection
(a).
``(d) Privacy.--Consistent with applicable provisions of Federal
law relating to privacy, the Administrator shall protect the privacy of
all medical records generated under subsection (a) and accessible to
the Administration.
``(e) Regulations.--The Administrator shall promulgate such
regulations as are necessary to carry out this section.
``(f) Definition of United States Government Astronaut.--In this
section, the term `United States government astronaut' has the meaning
given the term `government astronaut' in section 50902, except it does
not include an individual who is an international partner astronaut.
``(g) Data Use and Disclosure.--The Administrator may use or
disclose data acquired in the course of medical monitoring, diagnosis,
or treatment of a former United States government astronaut or a former
payload specialist under subsection (a), in accordance with subsection
(d). Former United States government astronaut or former payload
specialist participation in medical monitoring, diagnosis, or treatment
under subsection (a) shall constitute consent for the Administrator to
use or disclose such data.''.
(b) Table of Contents.--The table of contents for chapter 201 of
title 51, United States Code, as amended by section 305 of this Act, is
further amended by inserting after the item relating to section 20148
the following:
``20149. Medical monitoring and research relating to human space
flight.''.
(c) Annual Reports.--
(1) In general.--Each fiscal year, not later than the date
of submission of the President's annual budget request for that
fiscal year under section 1105 of title 31, United States Code,
the Administrator shall publish a report, in accordance with
applicable Federal privacy laws, on the activities of the
Administration under section 20149 of title 51, United States
Code.
(2) Contents.--Each report under paragraph (1) shall
include a detailed cost accounting of the Administration's
activities under section 20149 of title 51, United States Code,
and a 5-year budget estimate.
(3) Submission to congress.--The Administrator shall submit
to the appropriate committees of Congress each report under
paragraph (1) not later than the date of submission of the
President's annual budget request for that fiscal year under
section 1105 of title 31, United States Code.
(d) Cost Estimate.--
(1) Requirement.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter into an
arrangement with an independent external organization to
undertake an independent cost estimate of the cost to the
Administration and the Federal Government to implement and
administer the activities of the Administration under section
20149 of title 51, United States Code. The independent external
organization may not be a NASA entity, such as the Office of
Safety and Mission Assurance.
(2) Submittal to congress.--Not later than 1 year after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress the
independent cost estimate under paragraph (1).
(e) Privacy Study.--
(1) Study.--The Administrator shall carry out a study on
any potential privacy or legal issues related to the possible
sharing beyond the Federal Government of data acquired under
the activities of the Administration under section 20149 of
title 51, United States Code.
(2) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the
results of the study carried out under paragraph (1).
(f) Inspector General Audit.--The Inspector General of NASA shall
periodically audit or review, as the Inspector General considers
necessary to prevent waste, fraud, and abuse, the activities of the
Administration under section 20149 of title 51, United States Code.
TITLE V--ADVANCING SPACE SCIENCE
SEC. 501. MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO.
(a) Sense of Congress on Science Portfolio.--Congress reaffirms the
sense of Congress that--
(1) a balanced and adequately funded set of activities,
consisting of research and analysis grant programs, technology
development, suborbital research activities, and small, medium,
and large space missions, contributes to a robust and
productive science program and serves as a catalyst for
innovation and discovery; and
(2) the Administrator should set science priorities by
following the guidance provided by the scientific community
through the National Academies of Sciences, Engineering, and
Medicine's decadal surveys.
(b) Policy.--It is the policy of the United States to ensure, to
the extent practicable, a steady cadence of large, medium, and small
science missions.
SEC. 502. PLANETARY SCIENCE.
(a) Findings.--Congress finds that--
(1) Administration support for planetary science is
critical to enabling greater understanding of the solar system
and the origin of the Earth;
(2) the United States leads the world in planetary science
and can augment its success in that area with appropriate
international, academic, and industry partnerships;
(3) a mix of small, medium, and large planetary science
missions is required to sustain a steady cadence of planetary
exploration; and
(4) robotic planetary exploration is a key component of
preparing for future human exploration.
(b) Mission Priorities.--
(1) In general.--In accordance with the priorities
established in the most recent Planetary Science Decadal
Survey, the Administrator shall ensure, to the greatest extent
practicable, the completion of a balanced set of Discovery, New
Frontiers, and Flagship missions at the cadence recommended by
the most recent Planetary Science Decadal Survey.
(2) Mission priority adjustments.--Consistent with the set
of missions described in paragraph (1), and while maintaining
the continuity of scientific data and steady development of
capabilities and technologies, the Administrator may seek, if
necessary, adjustments to mission priorities, schedule, and
scope in light of changing budget projections.
SEC. 503. JAMES WEBB SPACE TELESCOPE.
It is the sense of Congress that--
(1) the James Webb Space Telescope will--
(A) significantly advance our understanding of star
and planet formation, and improve our knowledge of the
early universe; and
(B) support United States leadership in
astrophysics;
(2) consistent with annual Government Accountability Office
reviews of the James Webb Space Telescope program, the
Administrator should continue robust surveillance of the
performance of the James Webb Space Telescope project and
continue to improve the reliability of cost estimates and
contractor performance data and other major space flight
projects in order to enhance NASA's ability to successfully
deliver the James Webb Space Telescope on-time and within
budget;
(3) the on-time and on-budget delivery of the James Webb
Space Telescope is a high congressional priority; and
(4) the Administrator should ensure that integrated testing
is appropriately timed and sufficiently comprehensive to enable
potential issues to be identified and addressed early enough to
be handled within the James Webb Space Telescope's development
schedule and prior to its launch.
SEC. 504. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Wide-Field Infrared Survey Telescope (referred to
in this section as ``WFIRST'') mission has the potential to
enable scientific discoveries that will transform our
understanding of the universe; and
(2) the Administrator, to the extent practicable, should
make progress on the technologies and capabilities needed to
position the Administration to meet the objectives, as outlined
in the 2010 National Academies' Astronomy and Astrophysics
Decadal Survey, in a way that maximizes the scientific
productivity of meeting those objectives for the resources
invested.
(b) Continuity of Development.--The Administrator shall ensure that
the concept definition and pre-formulation activities of the WFIRST
mission continue while the James Webb Space Telescope is being
completed.
SEC. 505. MARS 2020 ROVER.
It is the sense of Congress that--
(1) the Mars 2020 mission, to develop a Mars rover and to
enable the return of samples to Earth, should remain a priority
for NASA; and
(2) the Mars 2020 mission--
(A) should significantly increase our understanding
of Mars;
(B) should help determine whether life previously
existed on that planet; and
(C) should provide opportunities to gather
knowledge and demonstrate technologies that address the
challenges of future human expeditions to Mars.
SEC. 506. EUROPA.
(a) Findings.--Congress makes the following findings:
(1) Studies of Europa, Jupiter's moon, indicate that Europa
may provide a habitable environment, as it contains key
ingredients known to support life.
(2) In 2012, using the Hubble Space Telescope, NASA
scientists observed water vapor around the south polar region
of Europa, which provides potential evidence of water plumes in
that region.
(3) For decades, the Europa mission has consistently ranked
as a high priority mission for the scientific community.
(4) The Europa mission was ranked as the top priority
mission in the previous Planetary Science Decadal Survey and
ranked as the second-highest priority in the current Planetary
Science Decadal Survey.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Europa mission could provide another avenue in
which to capitalize on our Nation's current investment in the
Space Launch System that would significantly reduce the transit
time for such a deep space mission; and
(2) a scientific, robotic exploration mission to Europa, as
prioritized in both Planetary Science Decadal Surveys, should
be supported.
SEC. 507. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.
Section 20102(d) of title 51, United States Code, is amended by
adding at the end the following:
``(10) The search for life's origin, evolution,
distribution, and future in the universe.''.
SEC. 508. EXTRASOLAR PLANET EXPLORATION STRATEGY.
(a) Strategy.--
(1) In general.--The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for the study and exploration of extrasolar planets,
including the use of the Transiting Exoplanet Survey Satellite,
the James Webb Space Telescope, a potential Wide-Field Infrared
Survey Telescope mission, or any other telescope, spacecraft,
or instrument, as appropriate.
(2) Requirements.--The strategy shall--
(A) outline key scientific questions;
(B) identify the most promising research in the
field;
(C) indicate the extent to which the mission
priorities in existing decadal surveys address the key
extrasolar planet research and exploration goals;
(D) identify opportunities for coordination with
international partners, commercial partners, and not-
for-profit partners; and
(E) make recommendations regarding the activities
under subparagraphs (A) through (D), as appropriate.
(b) Use of Strategy.--The Administrator shall use the strategy--
(1) to inform roadmaps, strategic plans, and other
activities of the Administration as they relate to extrasolar
planet research and exploration; and
(2) to provide a foundation for future activities and
initiatives related to extrasolar planet research and
exploration.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall submit to the
Administrator and to the appropriate committees of Congress a report
containing the strategy developed under subsection (a).
SEC. 509. ASTROBIOLOGY STRATEGY.
(a) Strategy.--
(1) In general.--The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for astrobiology that would outline key scientific
questions, identify the most promising research in the field,
and indicate the extent to which the mission priorities in
existing decadal surveys address the search for life's origin,
evolution, distribution, and future in the Universe.
(2) Recommendations.--The strategy shall include
recommendations for coordination with international partners.
(b) Use of Strategy.--The Administrator shall use the strategy
developed under subsection (a) in planning and funding research and
other activities and initiatives in the field of astrobiology.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall submit to the
Administrator and to the appropriate committees of Congress a report
containing the strategy developed under subsection (a).
SEC. 510. ASTROBIOLOGY PUBLIC-PRIVATE PARTNERSHIPS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall submit to the appropriate committees of
Congress a report describing how the Administration can expand
collaborative partnerships to study life's origin, evolution,
distribution, and future in the universe.
SEC. 511. NEAR-EARTH OBJECTS.
Section 321 of the National Aeronautics and Space Administration
Authorization Act of 2005 (51 U.S.C. note prec. 71101) is amended by
adding at the end the following:
``(e) Program Report.--The Director of the Office of Science and
Technology Policy and 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, not later than 1 year after the date of enactment of
the National Aeronautics and Space Administration Transition
Authorization Act of 2017, an initial report that provides--
``(1) recommendations for carrying out the Survey program
and an associated proposed budget;
``(2) an analysis of possible options that the
Administration could employ to divert an object on a likely
collision course with Earth; and
``(3) a description of the status of efforts to coordinate
and cooperate with other countries to discover hazardous
asteroids and comets, plan a mitigation strategy, and implement
that strategy in the event of the discovery of an object on a
likely collision course with Earth.
``(f) Annual Reports.--After the initial report under subsection
(e), the Administrator shall annually transmit 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 includes--
``(1) a summary of all activities carried out under
subsection (d) since the date of enactment of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017, including the progress toward achieving 90 percent
completion of the survey described in subsection (d); and
``(2) a summary of expenditures for all activities carried
out under subsection (d) since the date of enactment of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017.
``(g) Assessment.--The Administrator, in collaboration with other
relevant Federal agencies, shall carry out a technical and scientific
assessment of the capabilities and resources--
``(1) to accelerate the survey described in subsection (d);
and
``(2) to expand the Administration's Near-Earth Object
Program to include the detection, tracking, cataloguing, and
characterization of potentially hazardous near-Earth objects
less than 140 meters in diameter.
``(h) Transmittal.--Not later than 270 days after the date of
enactment of the National Aeronautics and Space Administration
Transition Authorization Act of 2017, the Administrator shall transmit
the results of the assessment under subsection (g) to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives.''.
SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRIVATE PARTNERSHIPS.
(a) Sense of Congress.--It is the sense of Congress that the
Administration should seek to leverage the capabilities of the private
sector and philanthropic organizations to the maximum extent
practicable in carrying out the Near-Earth Object Survey Program in
order to meet the goal of that program under section 321(d)(1) of the
National Aeronautics and Space Administration Authorization Act of 2005
(51 U.S.C. note prec. 71101(d)(1)).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report describing how the Administration can expand
collaborative partnerships to detect, track, catalogue, and categorize
near-Earth objects.
SEC. 513. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
Section 30504 of title 51, United States Code, is amended to read
as follows:
``Sec. 30504. Assessment of science mission extensions
``(a) Assessments.--
``(1) In general.--The Administrator shall carry out
triennial reviews within each of the Science divisions to
assess the cost and benefits of extending the date of the
termination of data collection for those missions that exceed
their planned missions' lifetime.
``(2) Considerations.--In conducting an assessment under
paragraph (1), the Administrator shall consider whether and how
extending missions impacts the start of future missions.
``(b) Consultation and Consideration of Potential Benefits of
Instruments on Missions.--When deciding whether to extend a mission
that has an operational component, the Administrator shall--
``(1) consult with any affected Federal agency; and
``(2) take into account the potential benefits of
instruments on missions that are beyond their planned mission
lifetime.
``(c) Reports.--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, at
the same time as the submission to Congress of the Administration's
annual budget request for each fiscal year, a report detailing any
assessment under subsection (a) that was carried out during the
previous year.''.
SEC. 514. STRATOSPHERIC OBSERVATORY FOR INFRARED ASTRONOMY.
The Administrator may not terminate science operations of the
Stratospheric Observatory for Infrared Astronomy before December 31,
2017.
SEC. 515. RADIOISOTOPE POWER SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) exploration of the outer reaches of the solar system is
enabled by radioisotope power systems;
(2) establishing continuity in the production of the
material needed for radioisotope power systems is essential to
maintaining the availability of such systems for future deep
space exploration missions; and
(3) Federal agencies supporting the Administration through
the production of such material should do so in a cost
effective manner so as not to impose excessive reimbursement
requirements on the Administration.
(b) Analysis of Requirements and Risks.--The Director of the Office
of Science and Technology Policy and the Administrator, in consultation
with the heads of other Federal agencies, shall conduct an analysis
of--
(1) the requirements of the Administration for radioisotope
power system material that is needed to carry out planned, high
priority robotic missions in the solar system and other surface
exploration activities beyond low-Earth orbit; and
(2) the risks to missions of the Administration in meeting
those requirements, or any additional requirements, due to a
lack of adequate radioisotope power system material.
(c) Contents of Analysis.--The analysis conducted under subsection
(b) shall--
(1) detail the Administration's current projected mission
requirements and associated timeframes for radioisotope power
system material;
(2) explain the assumptions used to determine the
Administration's requirements for the material, including--
(A) the planned use of advanced thermal conversion
technology such as advanced thermocouples and Stirling
generators and converters; and
(B) the risks and implications of, and
contingencies for, any delays or unanticipated
technical challenges affecting or related to the
Administration's mission plans for the anticipated use
of advanced thermal conversion technology;
(3) assess the risk to the Administration's programs of any
potential delays in achieving the schedule and milestones for
planned domestic production of radioisotope power system
material;
(4) outline a process for meeting any additional
Administration requirements for the material;
(5) estimate the incremental costs required to increase the
amount of material produced each year, if such an increase is
needed to support additional Administration requirements for
the material;
(6) detail how the Administration and other Federal
agencies will manage, operate, and fund production facilities
and the design and development of all radioisotope power
systems used by the Administration and other Federal agencies
as necessary;
(7) specify the steps the Administration will take, in
consultation with the Department of Energy, to preserve the
infrastructure and workforce necessary for production of
radioisotope power systems and ensure that its reimbursements
to the Department of Energy associated with such preservation
are equitable and justified; and
(8) detail how the Administration has implemented or
rejected the recommendations from the National Research
Council's 2009 report titled ``Radioisotope Power Systems: An
Imperative for Maintaining U.S. Leadership in Space
Exploration.''
(d) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit the results of
the analysis to the appropriate committees of Congress.
SEC. 516. ASSESSMENT OF MARS ARCHITECTURE.
(a) Assessment.--The Administrator shall enter into an arrangement
with the National Academies of Sciences, Engineering, and Medicine to
assess--
(1) the Administration's Mars exploration architecture and
its responsiveness to the strategies, priorities, and
guidelines put forward by the National Academies' planetary
science decadal surveys and other relevant National Academies
Mars-related reports;
(2) the long-term goals of the Administration's Mars
Exploration Program and such program's ability to optimize the
science return, given the current fiscal posture of the
program;
(3) the Mars exploration architecture's relationship to
Mars-related activities to be undertaken by foreign agencies
and organizations; and
(4) the extent to which the Mars exploration architecture
represents a reasonably balanced mission portfolio.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit the results of
the assessment to the appropriate committees of Congress.
SEC. 517. COLLABORATION.
The Administration shall continue to develop first-of-a-kind
instruments that, once proved, can be transitioned to other agencies
for operations. Whenever responsibilities for the development of
sensors or for measurements are transferred to the Administration from
another agency, the Administration shall seek, to the extent possible,
to be reimbursed for the assumption of such responsibilities.
TITLE VI--AERONAUTICS
SEC. 601. SENSE OF CONGRESS ON AERONAUTICS.
It is the sense of Congress that--
(1) a robust aeronautics research portfolio will help
maintain the United States status as a leader in aviation,
enhance the competitiveness of the United States in the world
economy, and improve the quality of life of all citizens;
(2) aeronautics research is essential to the
Administration's mission, continues to be an important core
element of the Administration's mission, and should be
supported;
(3) the Administrator should coordinate and consult with
relevant Federal agencies and the private sector to minimize
duplication of efforts and leverage resources; and
(4) carrying aeronautics research to a level of maturity
that allows the Administration's research results to be
transferred to the users, whether private or public sector, is
critical to their eventual adoption.
SEC. 602. TRANSFORMATIVE AERONAUTICS RESEARCH.
It is the sense of Congress that the Administrator should look
strategically into the future and ensure that the Administration's
Center personnel are at the leading edge of aeronautics research by
encouraging investigations into the early-stage advancement of new
processes, novel concepts, and innovative technologies that have the
potential to meet national aeronautics needs.
SEC. 603. HYPERSONIC RESEARCH.
(a) Roadmap for Hypersonic Research.--Not later than 1 year after
the date of enactment of this Act, the Administrator, in consultation
with the heads of other relevant Federal agencies, shall develop and
submit to the appropriate committees of Congress a research and
development roadmap for hypersonic aircraft research.
(b) Objective.--The objective of the roadmap is to explore
hypersonic science and technology using air-breathing propulsion
concepts, through a mix of theoretical work, basic and applied
research, and development of flight research demonstration vehicles.
(c) Contents.--The roadmap shall recommend appropriate Federal
agency contributions, coordination efforts, and technology milestones.
SEC. 604. SUPERSONIC RESEARCH.
(a) Findings.--Congress finds that--
(1) the ability to fly commercial aircraft over land at
supersonic speeds without adverse impacts on the environment or
on local communities could open new global markets and enable
new transportation capabilities; and
(2) continuing the Administration's research program is
necessary to assess the impact in a relevant environment of
commercial supersonic flight operations and provide the basis
for establishing appropriate sonic boom standards for such
flight operations.
(b) Roadmap for Supersonic Research.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
submit to the appropriate committees of Congress a roadmap that
allows for flexible funding profiles for supersonic aeronautics
research and development.
(2) Objective.--The objective of the roadmap is to develop
and demonstrate, in a relevant environment, airframe and
propulsion technologies to minimize the environmental impact,
including noise, of supersonic overland flight in an efficient
and economical manner.
(3) Contents.--The roadmap shall include--
(A) the baseline research as embodied by the
Administration's existing research on supersonic
flight;
(B) a list of specific technological,
environmental, and other challenges that must be
overcome to minimize the environmental impact,
including noise, of supersonic overland flight;
(C) a research plan to address the challenges under
subparagraph (B), including a project timeline for
accomplishing relevant research goals;
(D) a plan for coordination with stakeholders,
including relevant government agencies and industry;
and
(E) a plan for how the Administration will ensure
that sonic boom research is coordinated as appropriate
with relevant Federal agencies.
SEC. 605. ROTORCRAFT RESEARCH.
(a) Roadmap for Rotorcraft Research.--Not later than 1 year after
the date of enactment of this Act, the Administrator, in consultation
with the heads of other relevant Federal agencies, shall prepare and
submit to the appropriate committees of Congress a roadmap for research
relating to rotorcraft and other runway-independent air vehicles.
(b) Objective.--The objective of the roadmap is to develop and
demonstrate improved safety, noise, and environmental impact in a
relevant environment.
(c) Contents.--The roadmap shall include specific goals for the
research, a timeline for implementation, metrics for success, and
guidelines for collaboration and coordination with industry and other
Federal agencies.
TITLE VII--SPACE TECHNOLOGY
SEC. 701. SPACE TECHNOLOGY INFUSION.
(a) Sense of Congress on Space Technology.--It is the sense of
Congress that space technology is critical--
(1) to developing technologies and capabilities that will
make the Administration's core missions more affordable and
more reliable;
(2) to enabling a new class of Administration missions
beyond low-Earth orbit; and
(3) to improving technological capabilities and promote
innovation for the Administration and the Nation.
(b) Sense of Congress on Propulsion Technology.--It is the sense of
Congress that advancing propulsion technology would improve the
efficiency of trips to Mars and could shorten travel time to Mars,
reduce astronaut health risks, and reduce radiation exposure,
consumables, and mass of materials required for the journey.
(c) Policy.--It is the policy of the United States that the
Administrator shall develop technologies to support the
Administration's core missions, as described in section 2(3) of the
National Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18301(3)), and support sustained investments in early stage
innovation, fundamental research, and technologies to expand the
boundaries of the national aerospace enterprise.
(d) Propulsion Technologies.--A goal of propulsion technologies
developed under subsection (c) shall be to significantly reduce human
travel time to Mars.
SEC. 702. SPACE TECHNOLOGY PROGRAM.
(a) Space Technology Program Authorized.--The Administrator shall
conduct a space technology program (referred to in this section as the
``Program'') to research and develop advanced space technologies that
could deliver innovative solutions across the Administration's space
exploration and science missions.
(b) Considerations.--In conducting the Program, the Administrator
shall consider--
(1) the recommendations of the National Academies' review
of the Administration's Space Technology roadmaps and
priorities; and
(2) the applicable enabling aspects of the stepping stone
approach to exploration under section 70504 of title 51, United
States Code.
(c) Requirements.--In conducting the Program, the Administrator
shall--
(1) to the extent practicable, use a competitive process to
select research and development projects;
(2) to the extent practicable and appropriate, use small
satellites and the Administration's suborbital and ground-based
platforms to demonstrate space technology concepts and
developments; and
(3) as appropriate, partner with other Federal agencies,
universities, private industry, and foreign countries.
(d) Small Business Programs.--The Administrator shall organize and
manage the Administration's Small Business Innovation Research Program
and Small Business Technology Transfer Program within the Program.
(e) Nonduplication Certification.--The Administrator shall submit a
budget for each fiscal year, as transmitted to Congress under section
1105(a) of title 31, United States Code, that avoids duplication of
projects, programs, or missions conducted by Program with other
projects, programs, or missions conducted by another office or
directorate of the Administration.
(f) Collaboration, Coordination, and Alignment.--
(1) In general.--The Administrator shall--
(A) ensure that the Administration's projects,
programs, and activities in support of technology
research and development of advanced space technologies
are fully coordinated and aligned;
(B) ensure that the results the projects, programs,
and activities under subparagraph (A) are shared and
leveraged within the Administration; and
(C) ensure that the organizational responsibility
for research and development activities in support of
human space exploration not initiated as of the date of
enactment of this Act is established on the basis of a
sound rationale.
(2) Sense of congress.--It is the sense of Congress that
projects, programs, and missions being conducted by the Human
Exploration and Operations Mission Directorate in support of
research and development of advanced space technologies and
systems focusing on human space exploration should continue in
that Directorate.
(g) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall provide to the appropriate committees
of Congress a report--
(1) comparing the Administration's space technology
investments with the high-priority technology areas identified
by the National Academies in the National Research Council's
report on the Administration's Space Technology Roadmaps; and
(2) including--
(A) identification of how the Administration will
address any gaps between the agency's investments and
the recommended technology areas, including a
projection of funding requirements; and
(B) identification of the rationale described in
subsection (f)(1)(C).
(h) Annual Report.--The Administrator shall include in the
Administration's annual budget request for each fiscal year the
rationale for assigning organizational responsibility for, in the year
prior to the budget fiscal year, each initiated project, program, and
mission focused on research and development of advanced technologies
for human space exploration.
TITLE VIII--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.
(a) In General.--The Administrator shall, in a manner that reflects
the unique nature of NASA's mission and expertise--
(1) ensure the NASA Chief Information Officer, Mission
Directorates, and Centers have appropriate roles in the
management, governance, and oversight processes related to
information technology operations and investments and
information security programs for the protection of NASA
systems;
(2) ensure the NASA Chief Information Officer has the
appropriate resources and insight to oversee NASA information
technology and information security operations and investments;
(3) provide an information technology program management
framework to increase the efficiency and effectiveness of
information technology investments, including relying on
metrics for identifying and reducing potential duplication,
waste, and cost;
(4) improve the operational linkage between the NASA Chief
Information Officer and each NASA mission directorate, center,
and mission support office to ensure both agency and mission
needs are considered in agency-wide information technology and
information security management and oversight;
(5) review the portfolio of information technology
investments and spending, including information technology-
related investments included as part of activities within NASA
mission directorates that may not be considered information
technology, to ensure investments are recognized and reported
appropriately based on guidance from the Office of Management
and Budget;
(6) consider appropriate revisions to the charters of
information technology boards and councils that inform
information technology investment and operation decisions; and
(7) consider whether the NASA Chief Information Officer
should have a seat on any boards or councils described in
paragraph (6).
(b) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the effectiveness of the
Administration's Information Technology Governance in ensuring
information technology resources are aligned with agency
missions and are cost effective and secure.
(2) Contents.--The study shall include an assessment of--
(A) the resources available for overseeing
Administration-wide information technology operations,
investments, and security measures and the NASA Chief
Information Officer's visibility and involvement into
information technology oversight and access to those
resources;
(B) the effectiveness and challenges of the
Administration's information technology structure,
decision making processes and authorities, including
impacts on its ability to implement information
security; and
(C) the impact of NASA Chief Information Officer
approval authority over information technology
investments that exceed a defined monetary threshold,
including any potential impacts of such authority on
the Administration's missions, flights programs and
projects, research activities, and Center operations.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report detailing the
results of the study under paragraph (1), including any
recommendations.
SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.
(a) In General.--Subject to subsection (b), the Administrator shall
develop an information technology strategic plan to guide NASA
information technology management and strategic objectives.
(b) Requirements.--In developing the strategic plan, the
Administrator shall ensure that the strategic plan addresses--
(1) the deadline under section 306(a) of title 5, United
States Code; and
(2) the requirements under section 3506 of title 44, United
States Code.
(c) Contents.--The strategic plan shall address, in a manner that
reflects the unique nature of NASA's mission and expertise--
(1) near and long-term goals and objectives for leveraging
information technology;
(2) a plan for how NASA will submit to Congress of a list
of information technology projects, including completion dates
and risk level in accordance with guidance from the Office of
Management and Budget;
(3) an implementation overview for an agency-wide approach
to information technology investments and operations, including
reducing barriers to cross-center collaboration;
(4) coordination by the NASA Chief Information Officer with
centers and mission directorates to ensure that information
technology policies are effectively and efficiently implemented
across the agency;
(5) a plan to increase the efficiency and effectiveness of
information technology investments, including a description of
how unnecessarily duplicative, wasteful, legacy, or outdated
information technology across NASA will be identified and
eliminated, and a schedule for the identification and
elimination of such information technology;
(6) a plan for improving the information security of agency
information and agency information systems, including improving
security control assessments and role-based security training
of employees; and
(7) submission by NASA to Congress of information regarding
high risk projects and cybersecurity risks.
(d) Congressional Oversight.--The Administrator shall submit to the
appropriate committees of Congress the strategic plan under subsection
(a) and any updates thereto.
SEC. 813. CYBERSECURITY.
(a) Finding.--Congress finds that the security of NASA information
and information systems is vital to the success of the mission of the
agency.
(b) Information Security Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall implement the
information security plan developed under paragraph (2) and
take such further actions as the Administrator considers
necessary to improve the information security system in
accordance with this section.
(2) Information security plan.--Subject to paragraphs (3)
and (4), the Administrator shall develop an agency-wide
information security plan to enhance information security for
NASA information and information infrastructure.
(3) Requirements.--In developing the plan under paragraph
(2), the Administrator shall ensure that the plan--
(A) reflects the unique nature of NASA's mission
and expertise;
(B) is informed by policies, standards, guidelines,
and directives on information security required for
Federal agencies;
(C) is consistent with the standards and guidelines
under section 11331 of title 40, United States Code;
and
(D) meets applicable National Institute of
Standards and Technology information security standards
and guidelines.
(4) Contents.--The plan shall address--
(A) an overview of the requirements of the
information security system;
(B) an agency-wide risk management framework for
information security;
(C) a description of the information security
system management controls and common controls that are
necessary to ensure compliance with information
security-related requirements;
(D) an identification and assignment of roles,
responsibilities, and management commitment for
information security at the agency;
(E) coordination among organizational entities,
including between each center, facility, mission
directorate, and mission support office, and among
agency entities responsible for different aspects of
information security;
(F) the need to protect the information security of
mission-critical systems and activities and high-impact
and moderate-impact information systems; and
(G) a schedule of frequent reviews and updates, as
necessary, of the plan.
SEC. 814. SECURITY MANAGEMENT OF FOREIGN NATIONAL ACCESS.
The Administrator shall notify the appropriate committees of
Congress when the agency has implemented the information technology
security recommendations from the National Academy of Public
Administration on foreign national access management, based on reports
from January 2014 and March 2016.
SEC. 815. CYBERSECURITY OF WEB APPLICATIONS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall, in a manner that reflects the unique nature of
NASA's mission and expertise--
(1) develop a plan, including such actions and milestones
as are necessary, to fully remediate security vulnerabilities
of NASA web applications within a timely fashion after
discovery; and
(2) provide an update on its plan to implement the
recommendation from the NASA Inspector General in the audit
report dated July 10, 2014, (IG-14-023) to remove from the
Internet or otherwise secure all NASA web applications in
development or testing mode.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
SEC. 821. COLLABORATION AMONG MISSION DIRECTORATES.
The Administrator shall encourage an interdisciplinary approach
among all NASA mission directorates and divisions, whenever
appropriate, for projects or missions--
(1) to improve coordination, and encourage collaboration
and early planning on scope;
(2) to determine areas of overlap or alignment;
(3) to find ways to leverage across divisional perspectives
to maximize outcomes; and
(4) to be more efficient with resources and funds.
SEC. 822. NASA LAUNCH CAPABILITIES COLLABORATION.
(a) Findings.--Congress makes the following findings:
(1) The Launch Services Program is responsible for the
acquisition, management, and technical oversight of commercial
launch services for NASA's science and robotic missions.
(2) The Commercial Crew Program is responsible for the
acquisition, management, and technical oversight of commercial
crew transportation systems.
(3) The Launch Services Program and Commercial Crew Program
have worked together to gain exceptional technical insight into
the contracted launch service providers that are common to both
programs.
(4) The Launch Services Program has a long history of
oversight of 12 different launch vehicles and over 80 launches.
(5) Co-location of the Launch Services Program and
Commercial Crew Program has enabled the Commercial Crew Program
to efficiently obtain the launch vehicle technical expertise of
and provide engineering and analytical support to the
Commercial Crew Program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Launch Services Program and Commercial Crew Program
each benefit from communication and coordination of launch
manifests, technical information, and common launch vehicle
insight between the programs; and
(2) such communication and coordination is enabled by the
co-location of the programs.
(c) In General.--The Administrator shall pursue a strategy for
acquisition of crewed transportation services and non-crewed launch
services that continues to enhance communication, collaboration, and
coordination between the Launch Services Program and the Commercial
Crew Program.
SEC. 823. DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS.
(a) Findings.--Congress makes the following findings:
(1) A 2012 investigation by the Committee on Armed Services
of the Senate of counterfeit electronic parts in the Department
of Defense supply chain from 2009 through 2010 uncovered 1,800
cases and over 1,000,000 counterfeit parts and exposed the
threat such counterfeit parts pose to service members and
national security.
(2) Since 2010, the Comptroller General of the United
States has identified in 3 separate reports the risks and
challenges associated with counterfeit parts and counterfeit
prevention at both the Department of Defense and NASA,
including inconsistent definitions of counterfeit parts, poorly
targeted quality control practices, and potential barriers to
improvements to these practices.
(b) Sense of Congress.--It is the sense of Congress that the
presence of counterfeit electronic parts in the NASA supply chain poses
a danger to United States government astronauts, crew, and other
personnel and a risk to the agency overall.
(c) Regulations.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall revise the NASA
Supplement to the Federal Acquisition Regulation to improve the
detection and avoidance of counterfeit electronic parts in the
supply chain.
(2) Contractor responsibilities.--In revising the
regulations under paragraph (1), the Administrator shall--
(A) require each covered contractor--
(i) to detect and avoid the use or
inclusion of any counterfeit parts in
electronic parts or products that contain
electronic parts;
(ii) to take such corrective actions as the
Administrator considers necessary to remedy the
use or inclusion described in clause (i); and
(iii) including a subcontractor, to notify
the applicable NASA contracting officer not
later than 30 calendar days after the date the
covered contractor becomes aware, or has reason
to suspect, that any end item, component, part
or material contained in supplies purchased by
NASA, or purchased by a covered contractor or
subcontractor for delivery to, or on behalf of,
NASA, contains a counterfeit electronic part or
suspect counterfeit electronic part; and
(B) prohibit the cost of counterfeit electronic
parts, suspect counterfeit electronic parts, and any
corrective action described under subparagraph (A)(ii)
from being included as allowable costs under agency
contracts, unless--
(i)(I) the covered contractor has an
operational system to detect and avoid
counterfeit electronic parts and suspect
counterfeit electronic parts that has been
reviewed and approved by NASA or the Department
of Defense; and
(II) the covered contractor has
provided the notice under subparagraph
(A)(iii); or
(ii) the counterfeit electronic parts or
suspect counterfeit electronic parts were
provided to the covered contractor as
Government property in accordance with part 45
of the Federal Acquisition Regulation.
(3) Suppliers of electronic parts.--In revising the
regulations under paragraph (1), the Administrator shall--
(A) require NASA and covered contractors, including
subcontractors, at all tiers--
(i) to obtain electronic parts that are in
production or currently available in stock
from--
(I) the original manufacturers of
the parts or their authorized dealers;
or
(II) suppliers who obtain such
parts exclusively from the original
manufacturers of the parts or their
authorized dealers; and
(ii) to obtain electronic parts that are
not in production or currently available in
stock from suppliers that meet qualification
requirements established under subparagraph
(C);
(B) establish documented requirements consistent
with published industry standards or Government
contract requirements for--
(i) notification of the agency; and
(ii) inspection, testing, and
authentication of electronic parts that NASA or
a covered contractor, including a
subcontractor, obtains from any source other
than a source described in subparagraph (A);
(C) establish qualification requirements,
consistent with the requirements of section 2319 of
title 10, United States Code, pursuant to which NASA
may identify suppliers that have appropriate policies
and procedures in place to detect and avoid counterfeit
electronic parts and suspect counterfeit electronic
parts; and
(D) authorize a covered contractor, including a
subcontractor, to identify and use additional suppliers
beyond those identified under subparagraph (C) if--
(i) the standards and processes for
identifying such suppliers comply with
established industry standards;
(ii) the covered contractor assumes
responsibility for the authenticity of parts
provided by such suppliers under paragraph (2);
and
(iii) the selection of such suppliers is
subject to review and audit by NASA.
(d) Definitions.--In this section:
(1) Covered contractor.--The term ``covered contractor''
means a contractor that supplies an electronic part, or a
product that contains an electronic part, to NASA.
(2) Electronic part.--The term ``electronic part'' means a
discrete electronic component, including a microcircuit,
transistor, capacitor, resistor, or diode, that is intended for
use in a safety or mission critical application.
SEC. 824. EDUCATION AND OUTREACH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States competitiveness in the 21st century
requires engaging the science, technology, engineering, and
mathematics (referred to in this section as ``STEM'') talent in
all States;
(2) the Administration is uniquely positioned to educate
and inspire students and the broader public on STEM subjects
and careers;
(3) the Administration's Education and Communication
Offices, Mission Directorates, and Centers have been effective
in delivering educational content because of the strong
engagement of Administration scientists and engineers in the
Administration's education and outreach activities;
(4) the Administration's education and outreach programs,
including the Experimental Program to Stimulate Competitive
Research (EPSCoR) and the Space Grant College and Fellowship
Program, reflect the Administration's successful commitment to
growing and diversifying the national science and engineering
workforce; and
(5) in order to grow and diversify the Nation's engineering
workforce, it is vital for the Administration to bolster
programs, such as High Schools United with NASA to Create
Hardware (HUNCH) program, that conduct outreach activities to
underserved rural communities, vocational schools, and tribal
colleges and universities and encourage new participation in
the STEM workforce.
(b) Continuation of Education and Outreach Activities and
Programs.--
(1) In general.--The Administrator shall continue
engagement with the public and education opportunities for
students via all the Administration's mission directorates to
the maximum extent practicable.
(2) Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the
Administration's near-term outreach plans for advancing space
law education.
SEC. 825. LEVERAGING COMMERCIAL SATELLITE SERVICING CAPABILITIES ACROSS
MISSION DIRECTORATES.
(a) Findings.--Congress makes the following findings:
(1) Refueling and relocating aging satellites to extend
their operational lifetimes is a capacity that NASA will
substantially benefit from and is important for lowering the
costs of ongoing scientific, national security, and commercial
satellite operations.
(2) The technologies involved in satellite servicing, such
as dexterous robotic arms, propellant transfer systems, and
solar electric propulsion, are all critical capabilities to
support a human exploration mission to Mars.
(b) Sense of Congress.--It is the sense of Congress that--
(1) satellite servicing is a vital capability that will
bolster the capacity and affordability of NASA's ongoing
scientific and human exploration operations while
simultaneously enhancing the ability of domestic companies to
compete in the global marketplace; and
(2) future NASA satellites and spacecraft across mission
directorates should be constructed in a manner that allows for
servicing in order to maximize operational longevity and
affordability.
(c) Leveraging of Capabilities.--The Administrator shall--
(1) identify orbital assets in both the Science Mission
Directorate and the Human Exploration and Operations Mission
Directorate that could benefit from satellite servicing-related
technologies; and
(2) work across all NASA mission directorates to evaluate
opportunities for the private sector to perform such services
or advance technical capabilities by leveraging the
technologies and techniques developed by NASA programs and
other industry programs.
SEC. 826. FLIGHT OPPORTUNITIES.
(a) Development of Payloads.--
(1) In general.--In order to conduct necessary research,
the Administrator shall continue and, as the Administrator
considers appropriate, expand the development of technology
payloads for--
(A) scientific research; and
(B) investigating new or improved capabilities.
(2) Funds.--For the purpose of carrying out paragraph (1),
the Administrator shall make funds available for--
(A) flight testing;
(B) payload development; and
(C) hardware related to subparagraphs (A) and (B).
(b) Reaffirmation of Policy.--Congress reaffirms that the
Administrator should provide flight opportunities for payloads to
microgravity environments and suborbital altitudes as authorized by
section 907 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18405).
SEC. 827. SENSE OF CONGRESS ON SMALL CLASS LAUNCH MISSIONS.
It is the sense of Congress that--
(1) Venture Class Launch Services contracts awarded under
the Launch Services Program will expand opportunities for
future dedicated launches of CubeSats and other small
satellites and small orbital science missions; and
(2) principal investigator-led small orbital science
missions, including CubeSat class, Small Explorer (SMEX) class,
and Venture class, offer valuable opportunities to advance
science at low cost, train the next generation of scientists
and engineers, and enable participants to acquire skills in
systems engineering and systems integration that are critical
to maintaining the Nation's leadership in space and to
enhancing United States innovation and competitiveness abroad.
SEC. 828. BASELINE AND COST CONTROLS.
Section 30104(a)(1) of title 51, United States Code, is amended by
striking ``Procedural Requirements 7120.5c, dated March 22, 2005'' and
inserting ``Procedural Requirements 7120.5E, dated August 14, 2012''.
SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
Section 50116(a) of title 51, United States Code, is amended by
inserting ``, while protecting national security'' after ``research
community''.
SEC. 830. AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR
ADMINISTRATION ACQUISITION PROGRAMS.
(a) Revised Regulations Required.--Not later than 270 days after
the date of enactment of this Act, the Administrator shall revise the
Administration Supplement to the Federal Acquisition Regulation to
provide uniform guidance and recommend revised requirements for
organizational conflicts of interest by contractors in major
acquisition programs in order to address the elements identified in
subsection (b).
(b) Elements.--The revised regulations under subsection (a) shall,
at a minimum--
(1) address organizational conflicts of interest that could
potentially arise as a result of--
(A) lead system integrator contracts on major
acquisition programs and contracts that follow lead
system integrator contracts on such programs,
particularly contracts for production;
(B) the ownership of business units performing
systems engineering and technical assistance functions,
professional services, or management support services
in relation to major acquisition programs by
contractors who simultaneously own business units
competing to perform as either the prime contractor or
the supplier of a major subsystem or component for such
programs;
(C) the award of major subsystem contracts by a
prime contractor for a major acquisition program to
business units or other affiliates of the same parent
corporate entity, and particularly the award of
subcontracts for software integration or the
development of a proprietary software system
architecture; or
(D) the performance by, or assistance of,
contractors in technical evaluations on major
acquisition programs;
(2) require the Administration to request advice on systems
architecture and systems engineering matters with respect to
major acquisition programs from objective sources independent
of the prime contractor;
(3) require that a contract for the performance of systems
engineering and technical assistance functions for a major
acquisition program contains a provision prohibiting the
contractor or any affiliate of the contractor from
participating as a prime contractor or a major subcontractor in
the development of a system under the program; and
(4) establish such limited exceptions to the requirement in
paragraphs (2) and (3) as the Administrator considers necessary
to ensure that the Administration has continued access to
advice on systems architecture and systems engineering matters
from highly qualified contractors with domain experience and
expertise, while ensuring that such advice comes from sources
that are objective and unbiased.
SEC. 831. PROTECTION OF APOLLO LANDING SITES.
(a) Assessment.--The Director of the Office of Science and
Technology Policy, in consultation with relevant Federal agencies and
stakeholders, shall assess the issues relating to protecting and
preserving historically important Apollo Program lunar landing sites
and Apollo program artifacts residing on the lunar surface, including
those pertaining to Apollo 11 and Apollo 17.
(b) Contents.--In conducting the assessment, the Director shall
include--
(1) a determination of what risks to the protection and
preservation of those sites and artifacts exist or may exist in
the future;
(2) a determination of what measures are required to ensure
such protection and preservation;
(3) a determination of the extent to which additional
domestic legislation or international treaties or agreements
will be required; and
(4) specific recommendations for protecting and preserving
those lunar landing sites and artifacts.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall submit to the appropriate committees of
Congress the results of the assessment.
SEC. 832. NASA LEASE OF NON-EXCESS PROPERTY.
Section 20145(g) of title 51, United States Code, is amended by
striking ``10 years after December 26, 2007'' and inserting ``December
31, 2018''.
SEC. 833. TERMINATION LIABILITY.
It is the sense of Congress that--
(1) the ISS, the Space Launch System, and the Orion will
enable the Nation to continue operations in low-Earth orbit and
to send its astronauts to deep space;
(2) the James Webb Space Telescope will revolutionize our
understanding of star and planet formation and how galaxies
evolved, and will advance the search for the origins of our
universe;
(3) as a result of their unique capabilities and their
critical contribution to the future of space exploration, these
systems have been designated by Congress and the Administration
as priority investments;
(4) contractors are currently holding program funding,
estimated to be in the hundreds of millions of dollars, to
cover the potential termination liability should the Government
choose to terminate a program for convenience;
(5) as a result, hundreds of millions of taxpayer dollars
are unavailable for meaningful work on these programs;
(6) according to the Government Accountability Office, the
Administration procures most of its goods and services through
contracts, and it terminates very few of them;
(7) in fiscal year 2010, the Administration terminated 28
of 16,343 active contracts and orders, a termination rate of
about 0.17 percent; and
(8) the Administration should vigorously pursue a policy on
termination liability that maximizes the utilization of its
appropriated funds to make maximum progress in meeting
established technical goals and schedule milestones on these
high-priority programs.
SEC. 834. INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall submit to the appropriate committees of
Congress a report describing--
(1) the Administration's procedures for conducting
independent reviews of projects and programs at lifecycle
milestones;
(2) how the Administration ensures the independence of the
individuals who conduct those reviews prior to their
assignment;
(3) the internal and external entities independent of
project and program management that conduct reviews of projects
and programs at life cycle milestones; and
(4) how the Administration ensures the independence of such
entities and their members.
SEC. 835. NASA ADVISORY COUNCIL.
(a) Assessment.--The Administrator shall enter into an arrangement
with the National Academy of Public Administration to assess the
effectiveness of the NASA Advisory Council and to make recommendations
to Congress for any change to--
(1) the functions of the Council;
(2) the appointment of members to the Council;
(3) the qualifications for members of the Council;
(4) the duration of terms of office for members of the
Council;
(5) the frequency of meetings of the Council;
(6) the structure of leadership and Committees of the
Council; and
(7) the levels of professional staffing for the Council.
(b) Considerations.--In carrying out the assessment under
subsection (a), the National Academy of Public Administration shall--
(1) consider the impacts of broadening the Council's role
to include providing consultation and advice to Congress under
section 20113(g) of title 51, United States Code;
(2) consider the past activities of the Council and the
activities of other analogous Federal advisory bodies; and
(3) any other issues that the National Academy of Public
Administration determines could potentially impact the
effectiveness of the Council.
(c) Report.--The National Academy of Public Administration shall
submit to the appropriate committees of Congress the results of the
assessment, including any recommendations.
(d) Consultation and Advice.--
(1) In general.--Section 20113(g) of title 51, United
States Code, is amended by inserting ``and Congress'' after
``advice to the Administration''.
(2) Sunset.--Effective September 30, 2017, section 20113(g)
of title 51, United States Code, is amended by striking ``and
Congress''.
SEC. 836. COST ESTIMATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) realistic cost estimating is critically important to
the ultimate success of major space development projects; and
(2) the Administration has devoted significant efforts over
the past 5 years to improving its cost estimating capabilities,
but it is important that the Administration continue its
efforts to develop and implement guidance in establishing
realistic cost estimates.
(b) Guidance and Criteria.--The Administrator shall provide to its
acquisition programs and projects, in a manner consistent with the
Administration's Space Flight Program and Project Management
Requirements--
(1) guidance on when to use an Independent Cost Estimate
and Independent Cost Assessment; and
(2) criteria to use to make a determination under paragraph
(1).
SEC. 837. FACILITIES AND INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administration must address, mitigate, and reverse,
where possible, the deterioration of its facilities and
infrastructure, as their condition is hampering the
effectiveness and efficiency of research performed by both the
Administration and industry participants making use of
Administration facilities, thus harming the competitiveness of
the United States aerospace industry;
(2) the Administration has a role in providing laboratory
capabilities to industry participants that are not economically
viable as commercial entities and thus are not available
elsewhere;
(3) to ensure continued access to reliable and efficient
world-class facilities by researchers, the Administration
should establish strategic partnerships with other Federal
agencies, State agencies, FAA-licensed spaceports, institutions
of higher education, and industry, as appropriate; and
(4) decisions on whether to dispose of, maintain, or
modernize existing facilities must be made in the context of
meeting Administration and other needs, including those
required to meet the activities supporting the human
exploration roadmap under section 432 of this Act, considering
other national laboratory needs as the Administrator deems
appropriate.
(b) Policy.--It is the policy of the United States that the
Administration maintain reliable and efficient facilities and
infrastructure and that decisions on whether to dispose of, maintain,
or modernize existing facilities or infrastructure be made in the
context of meeting future Administration needs.
(c) Plan.--
(1) In general.--The Administrator shall develop a
facilities and infrastructure plan.
(2) Goal.--The goal of the plan is to position the
Administration to have the facilities and infrastructure,
including laboratories, tools, and approaches, necessary to
meet future Administration and other Federal agencies'
laboratory needs.
(3) Contents.--The plan shall identify--
(A) current Administration and other Federal agency
laboratory needs;
(B) future Administration research and development
and testing needs;
(C) a strategy for identifying facilities and
infrastructure that are candidates for disposal, that
is consistent with the national strategic direction set
forth in--
(i) the National Space Policy;
(ii) the National Aeronautics Research,
Development, Test, and Evaluation
Infrastructure Plan;
(iii) the National Aeronautics and Space
Administration Authorization Act of 2005
(Public Law 109-155; 119 Stat. 2895), National
Aeronautics and Space Administration
Authorization Act of 2008 (Public Law 110-422;
122 Stat. 4779), and National Aeronautics and
Space Administration Authorization Act of 2010
(42 U.S.C. 18301 et seq.); and
(iv) the human exploration roadmap under
section 432 of this Act;
(D) a strategy for the maintenance, repair,
upgrading, and modernization of Administration
facilities and infrastructure, including laboratories
and equipment;
(E) criteria for--
(i) prioritizing deferred maintenance
tasks;
(ii) maintaining, repairing, upgrading, or
modernizing Administration facilities and
infrastructure; and
(iii) implementing processes, plans, and
policies for guiding the Administration's
Centers on whether to maintain, repair,
upgrade, or modernize a facility or
infrastructure and for determining the type of
instrument to be used;
(F) an assessment of modifications needed to
maximize usage of facilities that offer unique and
highly specialized benefits to the aerospace industry
and the American public; and
(G) implementation steps, including a timeline,
milestones, and an estimate of resources required for
carrying out the plan.
(d) Requirement To Establish Policy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish and
make publicly available a policy that guides the
Administration's use of existing authorities to out-grant,
lease, excess to the General Services Administration, sell,
decommission, demolish, or otherwise transfer property,
facilities, or infrastructure.
(2) Criteria.--The policy shall include criteria for the
use of authorities, best practices, standardized procedures,
and guidelines for how to appropriately manage property,
facilities, and infrastructure.
(e) Submission to Congress.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress the plan developed under subsection
(c).
SEC. 838. HUMAN SPACE FLIGHT ACCIDENT INVESTIGATIONS.
Section 70702 of title 51, United States Code, is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) any other orbital or suborbital space vehicle
carrying humans that is--
``(A) owned by the Federal Government; or
``(B) being used pursuant to a contract or Space
Act Agreement with the Federal Government for carrying
a government astronaut or a researcher funded by the
Federal Government; or''; and
(2) by adding at the end the following:
``(c) Definitions.--In this section:
``(1) Government astronaut.--The term `government
astronaut' has the meaning given the term in section 50902.
``(2) Space act agreement.--The term `Space Act Agreement'
means an agreement entered into by the Administration pursuant
to its other transactions authority under section 20113(e).''.
SEC. 839. ORBITAL DEBRIS.
(a) Findings.--Congress finds that--
(1) orbital debris poses serious risks to the operational
space capabilities of the United States;
(2) an international commitment and integrated strategic
plan are needed to mitigate the growth of orbital debris
wherever possible; and
(3) the delay in the Office of Science and Technology
Policy's submission of a report on the status of international
coordination and development of orbital debris mitigation
strategies is inconsistent with such risks.
(b) Reports.--
(1) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
efforts to coordinate with foreign countries within the Inter-
Agency Space Debris Coordination Committee to mitigate the
effects and growth of orbital debris under section 1202(b)(1)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18441(b)(1)).
(2) Mitigation strategy.--Not later than 90 days after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit to the appropriate
committees of Congress a report on the status of the orbital
debris mitigation strategy required under section 1202(b)(2) of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18441(b)(2)).
SEC. 840. REVIEW OF ORBITAL DEBRIS REMOVAL CONCEPTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris in low-Earth orbit poses significant
risks to spacecraft;
(2) such orbital debris may increase due to collisions
between existing debris objects; and
(3) understanding options to address and remove orbital
debris is important for ensuring safe and effective spacecraft
operations in low-Earth orbit.
(b) Review.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Administrator--
(A) in collaboration with the heads of other
relevant Federal agencies, shall solicit and review
concepts and options for removing orbital debris from
low-Earth orbit; and
(B) shall submit to the appropriate committees of
Congress a report on the solicitation and review under
subparagraph (A), including recommendations on the best
options for decreasing the risks associated with
orbital debris.
(2) Requirements.--The solicitation and review under
paragraph (1) shall address the requirements for and
feasibility of developing and implementing each of the options.
SEC. 841. SPACE ACT AGREEMENTS.
(a) Sense of Congress.--It is the sense of Congress that, when used
appropriately, Space Act Agreements can provide significant value in
furtherance of NASA's mission.
(b) Funded Space Act Agreements.--To the extent appropriate, the
Administrator shall seek to maximize the value of contributions
provided by other parties under a funded Space Act Agreement in order
to advance NASA's mission.
(c) Non-exclusivity.--
(1) In general.--The Administrator shall, to the greatest
extent practicable, issue each Space Act Agreement--
(A) except as provided in paragraph (2), on a
nonexclusive basis;
(B) in a manner that ensures all non-government
parties have equal access to NASA resources; and
(C) exercising reasonable care not to reveal unique
or proprietary information.
(2) Exclusivity.--If the Administrator determines an
exclusive arrangement is necessary, the Administrator shall, to
the greatest extent practicable, issue the Space Act
Agreement--
(A) utilizing a competitive selection process when
exclusive arrangements are necessary; and
(B) pursuant to public announcements when exclusive
arrangements are necessary.
(d) Transparency.--The Administrator shall publicly disclose on the
Administration's website and make available in a searchable format each
Space Act Agreement, including an estimate of committed NASA resources
and the expected benefits to agency objectives for each agreement, with
appropriate redactions for proprietary, sensitive, or classified
information, not later than 60 days after such agreement is signed by
the parties.
(e) Annual Reports.--
(1) Requirement.--Not later than 90 days after the end of
each fiscal year, the Administrator shall submit to the
appropriate committees of Congress a report on the use of Space
Act Agreement authority by the Administration during the
previous fiscal year.
(2) Contents.--The report shall include for each Space Act
Agreement in effect at the time of the report--
(A) an indication of whether the agreement is a
reimbursable, non-reimbursable, or funded Space Act
Agreement;
(B) a description of--
(i) the subject and terms;
(ii) the parties;
(iii) the responsible--
(I) Mission Directorate;
(II) Center; or
(III) headquarters element;
(iv) the value;
(v) the extent of the cost sharing among
Federal Government and non-Federal sources;
(vi) the time period or schedule; and
(vii) all milestones; and
(C) an indication of whether the agreement was
renewed during the previous fiscal year.
(3) Anticipated agreements.--The report shall include a
list of all anticipated reimbursable, non-reimbursable, and
funded Space Act Agreements for the upcoming fiscal year.
(4) Cumulative program benefits.--The report shall include,
with respect to each Space Act Agreement covered by the report,
a summary of--
(A) the technology areas in which research projects
were conducted under that agreement;
(B) the extent to which the use of that agreement--
(i) has contributed to a broadening of the
technology and industrial base available for
meeting Administration needs; and
(ii) has fostered within the technology and
industrial base new relationships and practices
that support the United States; and
(C) the total amount of value received by the
Federal Government during the fiscal year under that
agreement.
Passed the Senate February 17 (legislative day, February
16), 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 442
_______________________________________________________________________
AN ACT
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.