[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7135-S7144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION
ACT OF 2016
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 696, S. 3346.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
[[Page S7136]]
A bill (S. 3346) to authorize the programs of the National
Aeronautics and Space Administration, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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 2016''.
(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. Indemnification; NASA launch services and reentry services.
TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION
Subtitle A--Human Exploration Goals and Objectives
Sec. 411. Human exploration long-term goals.
Sec. 412. Goals and objectives.
Sec. 413. Vision for space exploration.
Sec. 414. Exploration plan and programs.
Sec. 415. Stepping stone approach to exploration.
Subtitle B--Assuring Core Capabilities for Exploration
Sec. 421. Space Launch System and Orion.
Subtitle C--Journey to Mars
Sec. 431. Space technology infusion.
Sec. 432. Findings on human space exploration.
Sec. 433. Strategic framework for human spaceflight and exploration.
Sec. 434. Advanced space suit capability.
Sec. 435. Asteroid robotic redirect mission.
Subtitle D--Scott Kelly Human Spaceflight and Exploration 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. Sense of Congress on Wide-Field Infrared Survey Telescope.
Sec. 505. Sense of Congress on Mars 2020 rover.
Sec. 506. Europa.
TITLE VI--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
Sec. 611. Information technology governance.
Sec. 612. Information technology strategic plan.
Sec. 613. Cybersecurity.
Sec. 614. Oversight implementation progress.
Sec. 615. Software oversight.
Sec. 616. Security management of foreign national access.
Sec. 617. Cybersecurity of web applications.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
Sec. 621. Collaboration among mission directorates.
Sec. 622. NASA launch capabilities collaboration.
Sec. 623. Commercial space launch cooperation.
Sec. 624. Detection and avoidance of counterfeit parts.
Sec. 625. Education and outreach.
Sec. 626. Leveraging commercial satellite servicing capabilities across
mission directorates.
Sec. 627. Flight opportunities.
Sec. 628. Sense of Congress on small class launch missions.
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).
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, $4,532,000,000.
(2) For Space Operations, $4,950,700,000.
(3) For Science, $5,395,000,000.
(4) For Aeronautics, $601,000,000.
(5) For Space Technology, $686,500,000.
(6) For Education, $108,000,000.
(7) For Safety, Security, and Mission Services,
$2,796,700,000.
(8) For Construction and Environmental Compliance and
Restoration, $400,000,000.
(9) For Inspector General, $38,100,000.
TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS
SEC. 201. SENSE OF CONGRESS ON SUSTAINING NATIONAL SPACE
COMMITMENTS.
It is the sense of Congress that--
(1) the United States, in collaboration with its
international, academic, and industry partners, should
sustain and build upon our national space commitments and
investments across Administrations with a continuity of
purpose to advance recent achievements of space exploration
and space science 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, Commercial Resupply Services
Program, the James Webb Space Telescope, and the ongoing
operations of the ISS;
(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, our international partners, commercial
enterprise, and science 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) United States government astronauts changed the
trajectory of human history toward the promise of the stars,
and it is imperative that the United States maintain and
enhance its leadership in space exploration and continue to
expand freedom and opportunities in space for all Americans
that are consistent with the Constitution of the United
States; and
(7) NASA is and should remain a multimission agency with a
balanced and robust set of core missions in science, space
technology, aeronautics, human space flight and exploration,
and education.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) Challenges of the past, such as the cancellation of
major programs, have disrupted completion of major space
systems thereby--
(A) impeding planning and pursuit of national objectives in
human space exploration;
(B) placing the Nation's investment in space exploration at
risk; and
(C) degrading the aerospace industrial base.
(2) The National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18301 et seq.) reflects
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, which
serves as the foundation for the policy updates by this Act.
(3) Sustaining the investment and maximizing 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.
(4) NASA has made measurable progress in 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.
(5) The Commercial Crew Program is on schedule to
reestablish the capability to launch United States government
astronauts from
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United States soil into low-Earth orbit by the end of 2018.
(6) 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) expansion of partnerships, scientific research,
commercial applications, and exploration testbed capabilities
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;
(3) 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 low-Earth orbit;
(4) sustaining United States leadership and progress in
human space exploration is enabled in part by continuing
utilization of the ISS--
(A) to facilitate the commercialization and economic
development of low-Earth orbit;
(B) to serve as a testbed for technologies, and to conduct
scientific research and development; and
(C) 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;
(5) the Administrator should continue to support the
development of the Commercial Crew Program as planned to end
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; and
(6) the ISS should continue to provide 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 contribute to advancing
science, technology, engineering, and mathematics research.
(b) Continuation of the ISS.--Congress reaffirms the policy
set forth in section 501 of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C.
18351) that 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.
SEC. 302. TRANSPORTATION TO ISS.
(a) Sense of Congress on Commercial Crew Program and
Commercial Resupply Services Program.--It is the sense of
Congress that--
(1) NASA should build upon the success of the Commercial
Orbital Transportation Services and Commercial Resupply
Services programs that have allowed private sector companies
to partner with NASA to deliver cargo and scientific
experiments to the ISS since 2012;
(2) once certified to meet NASA's safety and reliability
requirements and fully operational to meet ISS crew transfer
needs, the Commercial Crew Program transportation systems
should serve as the primary means of transporting United
States government astronauts and international partner
astronauts from United States soil to and from the ISS;
(3) Commercial Crew Program transportation systems should
have the capability of serving as ISS emergency crew rescue
vehicles;
(4) 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
(5) the 21st Century Launch Complex Program should be
continued in a manner that leverages State and private
investments to achieve the goals of the program.
(b) United States Policy.--It is the policy of the United
States that, to foster the competitive development,
operation, improvement and commercial availability of space
transportation services, services for Federal Government
access to and return from the ISS, whenever practicable,
shall be procured 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)).
(c) 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''.
(d) Crew Safety.--The Administrator shall protect the
safety of United States crews by ensuring commercial crew
systems meet 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)).
SEC. 303. ISS TRANSITION PLAN.
(a) Findings.--Congress finds that NASA has been both the
primary supplier and consumer of human space flight
capabilities and services of the ISS and in low-Earth orbit.
(b) Sense of Congress.--It is the sense of Congress that an
orderly transition is needed 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.
(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, 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 is one of many customers of a low-Earth orbit
commercial human space flight enterprise.
``(2) Reports.--Not later than December 1, 2017, and
triennially thereafter until 2023, the Administrator shall
submit to the appropriate committees of Congress a report
that includes--
``(A) an identification of low-Earth orbit capabilities
necessary to meet the Administration's deep space human space
flight exploration objectives and mission requirements beyond
the period of operation and utilization of the ISS described
in section 503 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353),
if any;
``(B) 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 assessment of current and projected commercial
activities in low-Earth orbit, including on the ISS, and
their potential for meeting the capabilities identified in
subparagraph (A);
``(D) 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;
``(E) 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 exploration-
related facility, including--
``(i) a general discussion of international partner
capabilities and prospects for extending the partnership, to
include the potential for participation by additional
countries, for the purposes of the human development and
exploration of deep space;
``(ii) a review of essential systems, equipment upgrades,
or potential maintenance that would be necessary to extend
ISS operations and utilization;
``(iii) an evaluation of the cost and schedule requirements
associated with the development and delivery of essential
systems, equipment upgrades, or potential maintenance
identified under clause (ii);
``(iv) an identification of possible international,
academic, or industry partner contributions, cost-share, and
program transitions to provide the upgrades identified under
clause (ii);
``(v) impacts on the goals and objectives of the ISS
National Laboratory and the management entity responsible for
operation of the ISS National Laboratory;
``(vi) impacts on services provided by the Commercial
Resupply Services Program and Commercial Crew Program to the
ISS;
``(vii) impacts on the use of the ISS as a testbed to
transition functions of the ISS to the commercial space
sector and enhance economic development of low-Earth orbit,
including the evolution of self-sustaining commercial
activities;
``(viii) an assessment on the technical limiting factors of
the ISS lifetime, including a list of critical components and
their expected lifetime and availability;
``(ix) an evaluation of the potential for expanding the use
of ISS facilities to accommodate the needs of researchers and
other users, including changes to policies, regulations, and
laws that would stimulate greater private and public
involvement on the ISS; and
``(x) 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;
``(F) 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 (B) and (C); and
``(G) a description of the progress on meeting human
exploration research objectives on ISS and prospects for
accomplishing future exploration and other research
objectives on future commercially supplied low-Earth orbit
platforms or migration of those objectives to cis-lunar
space.
``(3) Demonstrations.--Demonstrations identified under
paragraph (2) may--
``(A) test the capabilities 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
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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, and
other commercial activities.''.
SEC. 304. 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 Exploration Goals and Objectives
SEC. 411. HUMAN 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; and
``(2) the peaceful settlement of a location in space or on
another celestial body and a thriving space economy in the
21st century.''.
SEC. 412. GOALS AND 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, including the
establishment of a capability to extend human presence,
including potential human habitation, on the surface of
Mars.''.
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''; and
(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.''.
SEC. 414. 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. 415. 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.--In order to maximize the cost-
effectiveness of the long-term exploration and utilization
activities of the United States, the Administrator shall take
all necessary steps,
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including engaging international, academic, and industry
partners, to ensure that activities in the Administration's
human 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.
``(b) 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.''.
Subtitle B--Assuring Core Capabilities for Exploration
SEC. 421. SPACE LAUNCH SYSTEM AND ORION.
(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) 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 on or near 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; and
(3) the United States should have continuity of purpose for
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.
(c) In General.--
(1) Exploration missions.--The Administrator shall continue
development of--
(A) an uncrewed exploration mission to demonstrate the
capability of both the Space Launch System and Orion as an
integrated system by 2018;
(B) a crewed exploration mission to demonstrate the Space
Launch System, including the Core Stage and Exploration Upper
Stages, and the crewed Orion mission by 2021;
(C) subsequent missions beginning with EM-3 using the Space
Launch System and Orion to extend into cis-lunar space and
eventually to Mars; and
(D) a deep space habitat as the next element in a deep
space exploration architecture along with the Space Launch
System and Orion.
(2) 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.
Subtitle C--Journey to Mars
SEC. 431. SPACE TECHNOLOGY INFUSION.
(a) Sense of Congress.--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.
(b) 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.
(c) Propulsion Technologies.--A goal of propulsion
technologies developed under subsection (b) shall be to
significantly reduce human travel time to Mars.
SEC. 432. 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. 433. STRATEGIC FRAMEWORK FOR HUMAN SPACEFLIGHT AND
EXPLORATION.
(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 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 strategic framework, 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 strategic framework should begin with low-Earth
orbit, then address progress beyond low-Earth orbit to cis-
lunar space in greater detail, and then address future
missions ultimately aimed at human arrival and activities on
or near Mars.
(b) Strategic Framework.--
(1) In general.--The Administrator shall develop a
strategic framework, including a critical decision plan, to
expand human presence beyond low-Earth orbit, including to
cis-lunar space, the moons of Mars, the surface of Mars, and
beyond.
(2) Scope.--The strategic framework shall include--
(A) an integrated set of exploration, science, and other
goals and objectives of a United States human space
exploration program with the long-term goal of human missions
near to 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 exploration objectives developed under subparagraph (A);
(C) precursor missions in cis-lunar space and other
missions or activities necessary to meet the exploration
objectives developed under subparagraph (A), including
anticipated timelines and missions for the Space Launch
System and Orion;
(D) capabilities and technologies, including the Space
Launch System, Orion, a deep space habitat, and other
capabilities, that enable the exploration 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; and
(G) mitigation plans, whenever possible, to address the
risks identified in subparagraph (F).
(3) Considerations.--In developing the strategic framework,
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) an organizational approach to ensure collaboration and
coordination among NASA's Mission Directorates under section
621, 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 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
[[Page S7140]]
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) risks to human health and sensitive onboard
technologies, including radiation exposure;
(J) evaluating the 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 432(8).
(4) Critical decision plan on human space exploration.--As
part of the strategic framework, 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.--The Administrator shall submit an initial
strategic framework, including a critical decision plan, to
the appropriate committees of Congress before December 1,
2017, and an updated strategic framework biennially
thereafter.
SEC. 434. 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. 435. 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) NASA completed the assessment under paragraph (6) and
reviewed it as part of the agency's Key Decision Point-B
review.
(8) 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.
(9) 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 may not 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
alternatives approaches identified in subparagraph (A)
compared to the Asteroid Redirect Robotic Mission to future
human exploration;
(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.
Subtitle D--Scott Kelly Human Spaceflight and Exploration Act
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ``Scott Kelly Human
Spaceflight and Exploration 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 National Aeronautics and Space Administration
astronauts serving in the line of duty.
(2) As United States government astronauts participate in
long-duration and exploration spaceflight 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
spaceflight 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 spaceflight 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 spaceflight 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 spaceflight medical hardware, and
develop controls in order to prevent disease occurrence in
the astronaut corps;
(6) the Administration's existing radiation exposure
standards, which have been used for missions pertaining to
the Space Shuttle and the ISS, would limit missions to
durations of 150 to 250 days and would pose significant
challenges to long-duration or exploration spaceflight or a
multiyear mission to Mars; and
(7) 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 304 of this Act, is
further amended by adding at the end the following:
[[Page S7141]]
``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 the medical
monitoring, diagnosis, and treatment of a United States
government astronaut, or a former United States government
astronaut or payload specialist, for conditions that the
Administrator considers associated with human space flight,
including scientific and medical tests for psychological and
medical conditions.
``(b) Exclusions.--The Administrator may not--
``(1) provide for medical monitoring, diagnosis, or
treatment of a United States government astronaut, or a
former United States government astronaut or payload
specialist, under subsection (a) for any psychological or
medical condition that is not associated with human space
flight; or
``(2) require a former United States government astronaut
or payload specialist to participate in the monitoring
authorized under subsection (a).
``(c) Privacy.--Consistent with applicable provisions of
law relating to privacy, the Administrator shall protect the
privacy of all medical records generated under subsection (a)
and accessible to the Administration.
``(d) Regulations.--The Administrator shall promulgate such
regulations as are necessary to carry out this section.''.
(b) Table of Contents.--The table of contents for chapter
201 of title 51, United States Code, as amended by section
304 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.''.
TITLE V--ADVANCING SPACE SCIENCE
SEC. 501. MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO.
(a) Science Portfolio.--Section 803 of the National
Aeronautics and Space Administration Authorization Act of
2010 (Public Law 111-267; 124 Stat. 2832) is amended to read
as follows:
``SEC. 803. OVERALL SCIENCE PORTFOLIO.
``Congress restates its sense 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) Conforming Amendment.--The item relating to section 803
in the table of contents in section 1(b) of the National
Aeronautics and Space Administration Authorization Act of
2010 (Public Law 111-267; 124 Stat. 2806) is amended by
striking ``Overall science portfolio-sense of the Congress''
and inserting ``Overall science portfolio''.
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 decadal survey for planetary
science, the Administrator shall ensure, to the greatest
extent practicable, the completion of a balanced set of
Discovery, New Frontiers, and flagship missions.
(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 should significantly
advance our understanding of star and planet formation,
improve our knowledge of the early universe, and support
United States leadership in astrophysics; and
(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 spaceflight
projects in order to enhance NASA's ability to successfully
deliver the James Webb Space Telescope on-time and within
budget.
SEC. 504. SENSE OF CONGRESS ON WIDE-FIELD INFRARED SURVEY
TELESCOPE.
It is the sense of Congress that--
(1) the Wide-Field Infrared Survey Telescope (commonly
known 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.
SEC. 505. SENSE OF CONGRESS ON 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 on Earth, including liquid
water, heat, chemistry, and time.
(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.
TITLE VI--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
SEC. 611. INFORMATION TECHNOLOGY GOVERNANCE.
The Administrator, in consultation with the chief
information officer of NASA, shall--
(1) ensure the NASA Chief Information Officer has a
significant role 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) establish the NASA Chief Information Officer as a
direct report to the Administrator;
(3) ensure the NASA Chief Information Officer has the
appropriate resources and insight to oversee NASA information
technology and information security operations and
investments;
(4) 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;
(5) establish a monetary threshold for all agency
information technology investments and related contracts,
including non-highly and highly specialized and specialized
information technology, regardless of the procurement
instrument, over which the NASA Chief Information Officer
shall have final approval;
(6) 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;
(7) 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;
(8) consider appropriate revisions to the charters of
information technology boards and councils that inform
information technology investment and operation decisions;
and
(9) consider whether the NASA Chief Information Officer
should have a seat on any boards or councils described in
paragraph (8).
SEC. 612. INFORMATION TECHNOLOGY STRATEGIC PLAN.
(a) In General.--Subject to subsection (b), the NASA Chief
Information Officer, in consultation with the chief
information officer of each Administration center, shall
develop an information technology strategic plan to guide
NASA information technology management and strategic
objectives.
(b) Requirements.--In developing the strategic plan, the
NASA Chief Information Officer shall ensure that the
strategic plan is consistent with--
(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 include--
(1) near and long-term goals and objectives for leveraging
information technology;
(2) a plan for how the NASA Chief Information Officer 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;
[[Page S7142]]
(3) an implementation overview for an agency-wide
centralized 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 the NASA Chief Information Officer to
Congress of information regarding high risk projects and
cybersecurity risks.
(d) Congressional Oversight.--The NASA Chief Information
Officer shall submit to the appropriate committees of
Congress the strategic plan under subsection (a) and any
updates thereto.
SEC. 613. CYBERSECURITY.
(a) Finding.--The security of NASA information and
information systems is vital to the success of the mission of
the agency.
(b) Information Security Plan.--Section 1207 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18445) is amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b), as redesignated,
the following:
``(a) Agency-Wide Information Security Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Aeronautics and Space
Administration Transition Authorization Act of 2016, 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), (4), and (5), the chief information officer of NASA,
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 chief information officer shall ensure that the
plan--
``(A) is consistent with policies, standards, guidelines,
and directives on information security under subchapter II of
chapter 35 of title 44, United States Code;
``(B) is consistent with the standards and guidelines under
section 11331 of title 40, United States Code; and
``(C) meets applicable National Institute of Standards and
Technology information security standards and guidelines.
``(4) Approval.--The chief information officer shall submit
the plan to the Administrator for approval prior to its
implementation.
``(5) Contents.--The plan shall include--
``(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) heightened consideration of 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.''; and
(3) in subsection (b), as redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) an update on the agency's efforts to apply additional
information security protections to secure high-impact and
moderate-impact information systems and mission-critical
systems and activities, including those systems that control
spacecraft and maintain critical data sources.''; and
(B) in paragraph (2), by striking ``section 3545'' and
inserting ``section 3555''.
SEC. 614. OVERSIGHT IMPLEMENTATION PROGRESS.
Not later than 90 days after the date of enactment of this
Act, and periodically thereafter until the information
security plan under section 1207 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18445), as amended, is developed and implemented agency-wide,
the Administrator shall provide to the appropriate committees
of Congress an update on the progress made toward
implementation of or response to--
(1) the information security plan under that section; and
(2) the information security-related recommendations made
by the NASA Inspector General and the Comptroller General in
the 5 years preceding the date of enactment of this Act.
SEC. 615. SOFTWARE OVERSIGHT.
The Administrator shall--
(1) develop a strategic plan to transition NASA from legacy
software by adopting a service-based acquisition model in
line with industry best practices;
(2) develop and implement an agency-wide software license
management policy to improve centralization, lifecycle
management, and procurement education, including education on
contract negotiations, relevant laws and regulations, and
agency-wide contract terms and conditions; and
(3) direct an agency-wide inventory of NASA's total
software licenses and spending, including costs, benefits,
usage, and trending data.
SEC. 616. 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. 617. CYBERSECURITY OF WEB APPLICATIONS.
Not later than 180 days after the date of enactment of this
Act, the NASA Chief Information Officer shall--
(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) 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 secure with a web application
firewall all NASA web applications in development or testing
mode.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
SEC. 621. 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. 622. 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. 623. COMMERCIAL SPACE LAUNCH COOPERATION.
(a) Finding.--Congress recognized the benefit of commercial
space launch cooperation between the Federal Government and
the private sector when it granted the Secretary of Defense
authority to foster cooperation between the Department of
Defense and certain covered entities relating to space
transportation infrastructure under section 2276 of title 10,
United States Code.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator should take into account the unique
needs and obligations that multi-user, public State
spaceports may have with the State government as well as
current and prospective contractual arrangements with
commercial and government customers when developing and
carrying out agreements under section 50507 of title 51,
United States Code, with State spaceports operating on NASA
facilities; and
(2) the authority granted under section 50507 of title 51,
United States Code, is not intended to supersede or conflict
with the congressional intent and purposes codified in
chapter 509 of that title, the responsibilities of the
Secretary of Transportation under section 50913 of that
title, or with the intent of section 50504 of that title.
(c) In General.--Chapter 505 of title 51, United States
Code, is amended by adding at the end the following:
[[Page S7143]]
``Sec. 50507. Commercial launch cooperation
``(a) Authority for Agreements Relating to Space
Transportation Infrastructure.--The Administrator--
``(1) may enter into an agreement with a covered entity to
provide the covered entity with support and services related
to the space transportation infrastructure of the
Administration--
``(A) to maximize the use of the space transportation
infrastructure of the Administration by the private sector in
the United States;
``(B) to maximize the effectiveness and efficiency of the
space transportation infrastructure of the Administration;
``(C) to reduce the cost of services provided by the
Administration related to space transportation infrastructure
at launch support facilities and space recovery support
facilities; and
``(D) to encourage commercial space activities by enabling
investment by covered entities in the space transportation
infrastructure of the Administration; and
``(2) at the request of the covered entity, may include
that support and services in the contracted space launch and
reentry range support requirements of the Administration if--
``(A) the Administrator determines that including that
support and services in the requirements--
``(i) is in the best interest of the Federal Government;
``(ii) does not interfere with the requirements of the
Administration;
``(iii) does not compete with the commercial space
activities of other covered entities; and
``(iv) does not result in the Administration retaining
ownership of assets which are no longer needed to meet a
programmatic mission of the Administration; and
``(B) any commercial requirement included in the agreement
has full non-Federal funding before the execution of the
agreement.
``(b) Contributions.--
``(1) In general.--The Administrator may enter into an
agreement with a covered entity on a cooperative and
voluntary basis to accept funds, services, and equipment to
carry out the purposes in subsection (a)(1).
``(2) Use of contributions.--Any funds, services, or
equipment accepted by the Administrator under this
subsection--
``(A) may be used only for the objectives specified in this
section in accordance with terms of use set forth in the
agreement entered into under this subsection; and
``(B) shall be managed by the Administrator in accordance
with procedures prescribed under subsection (d).
``(3) Requirements with respect to agreements.--An
agreement entered into with a covered entity under this
subsection shall--
``(A) address the terms of use, ownership, and disposition
of the funds, services, or equipment contributed under the
agreement;
``(B) include a provision that the covered entity will not
recover the costs of its contribution through any other
agreement with the United States; and
``(C) include a provision that the contribution of a
covered entity will not preclude access to or use by another
covered entity.
``(c) Annual Report.--Not later than January 31 of each
year, the Administrator shall submit to the appropriate
committees of Congress a report on the process used to
establish agreements under subsections (a) and (b), including
noticing announcements of opportunities and criteria for
selecting a covered entity, and the funds, services, and
equipment accepted and used by the Administrator under this
section during the preceding fiscal year.
``(d) Procedures.--The Administrator shall prescribe
procedures to carry out this section consistent with sections
50504 and 50913.
``(e) Definitions.--In this section:
``(1) Covered entity.--In this section, the term `covered
entity' means--
``(A) a non-Federal entity that--
``(i) is organized under the laws of the United States or
of any jurisdiction within the United States; and
``(ii) is engaged in commercial space activities; or
``(B) an entity that controls, is controlled by, or is
under common control with, a non-Federal entity described in
subparagraph (A).
``(2) Launch support facilities.--The term `launch support
facilities' has the meaning given the term in section 50501.
``(3) Space recovery support facilities.--The term `space
recovery support facilities' has the meaning given the term
in section 50501.
``(4) Space transportation infrastructure.--The term `space
transportation infrastructure' has the meaning given that
term in section 50501.''.
(d) Table of Contents.--The table of contents for chapter
505 of title 51, United States Code, is amended by adding
after the item relating to section 50506 the following:
``50507. Commercial space launch cooperation.''.
SEC. 624. DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS.
(a) Findings.--Congress finds the following:
(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. 625. 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;
and
(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.
[[Page S7144]]
(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. 626. 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
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 shall 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. 627. 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. 628. 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.
Mr. PORTMAN. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn; the Cruz-Nelson substitute amendment
be agreed to; the bill, as amended, be considered read a third time and
passed; and the motion to reconsider be considered made and laid upon
the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 5180) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 3346), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________