[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 442 Engrossed in Senate (ES)]

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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.