[Congressional Record Volume 163, Number 39 (Tuesday, March 7, 2017)]
[House]
[Pages H1553-H1571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION
ACT OF 2017
Mr. BABIN. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 442) to authorize the programs of the National Aeronautics and
Space Administration, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 442
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--
[[Page H1554]]
(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
[[Page H1555]]
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
[[Page H1556]]
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
[[Page H1557]]
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
[[Page H1558]]
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;
[[Page H1559]]
(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.
[[Page H1560]]
(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
[[Page H1561]]
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
[[Page H1562]]
(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;
[[Page H1563]]
(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
[[Page H1564]]
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.
[[Page H1565]]
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
[[Page H1566]]
(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;
[[Page H1567]]
(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).
[[Page H1568]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Babin) and the gentlewoman from Texas (Ms. Eddie Bernice
Johnson) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BABIN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on S. 442, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BABIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of the National Aeronautics and
Space Administration Transition Authorization Act of 2017. This
bipartisan and bicameral bill grew to maturity through many long and
serious discussions about the future of our Nation's space program.
I am encouraged by the bill's persistent emphasis on the continuity
of purpose and stability. It is crucial that we continue to support
NASA's ongoing human exploration efforts.
I am proud to note the inclusion of the To Research Evaluate, Assess,
and Treat Astronauts Act, better known as the TREAT Astronauts Act,
which will ensure that our Nation's astronauts receive support for
medical issues associated with their service. The language of this bill
is exactly the same as the TREAT Astronauts Act that was passed in the
House on December 7, 2016.
As a medical professional myself, I care deeply about this issue. I
am honored to have sponsored the original legislation, and am proud to
contribute to an important program that will support the brave men and
women of our astronaut corps. Outer space poses many medical
challenges. The human body simply is not designed to thrive in
microgravity, or weightlessness. We know that spending time in space is
risky. We want to understand the reasons why the TREAT Astronauts Act
will ensure the retention of our astronauts' medical data and help to
continue our research in aerospace medicine, while also providing our
astronauts with the medical care that they need and deserve after
risking so much in service to our country.
This bill continues support for the important work on the Space
Launch System, the Orion crew vehicle, and commercial cargo and crew
programs.
[[Page H1569]]
{time} 1815
The future of the International Space Station is another key topic
addressed in this legislation. We are committed to operating the ISS
until 2024. Beyond that date, however, maintaining NASA's current level
of support for the ISS will dramatically affect the rest of NASA's
portfolio, particularly in human spaceflight.
This bill opens the debate about how and under what circumstances
NASA's presence in low-Earth orbit can and should be continued beyond
2024. Balancing NASA's presence and low Earth orbit and beyond low
Earth orbit will require thoughtful and informed decisionmaking. My
hope is that NASA will explore unique partnerships that will maintain
NASA's ability to utilize low Earth orbit in an efficient manner by
leveraging private sector investment. This bill will help inform and
frame that imminent debate.
This bill also addresses NASA's facilities and infrastructure here on
Earth. NASA must develop a plan so that its labs, tools, facilities,
and infrastructure can support a robust exploration agenda. Right-
sizing NASA's footprint is a longstanding challenge. We must maintain
critical capabilities but also find efficiencies where they may exist.
The bill before us would call on NASA to develop a policy to ensure
that NASA maintains infrastructure to support bold exploration. If NASA
determines that facilities are not necessary or could be transferred to
the private sector, the bill calls on NASA to do so in accordance with
a transparent and equitable process.
The bill also urges the administration to pursue a sensible policy on
termination liability so that NASA makes the best possible use of
taxpayer dollars rather than the inefficient policy implemented by the
previous administration.
This bill sets out clear intentions for NASA as we move forward into
the next chapter of American space exploration. I invite my colleagues
to join me in supporting this very important bill, and I reserve the
balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, yield myself such
time as I may consume.
Mr. Speaker, I rise in support of S. 442, the NASA Transition
Authorization Act of 2017.
NASA is a catalyst for scientific discovery, innovation, inspiration,
and economic growth. This bill helps to ensure that NASA continues to
make significant advances in science, aeronautics, human exploration,
and space technology.
During the last Congress, the House passed the NASA Authorization Act
of 2015, H.R. 810. H.R. 810 was a bipartisan effort and, in particular,
it set the long-term goal of sending humans to the surface of Mars and
directed NASA to prepare a human exploration roadmap for what is needed
to get there.
I am pleased, Mr. Speaker, that the Senate-passed bill that is before
us today reflects significant content from H.R. 810. Sending humans to
deep space destinations and eventually to Mars is a challenge and goal
that I know will bring out the best of our U.S. industry and
universities, and it will inspire our young people to seek the
education and develop the skills needed to help the United States send
first astronauts to the martian surface.
Of course, keeping our focus on that goal over multiple Congresses
and administrations will really not be easy. That is why this bill, S.
442, comes at a critical time. Witnesses at a recent hearing of the
Committee on Science, Space, and Technology emphasized the need for
stability for NASA if it is to carry out the challenging tasks that our
Nation has given it.
While S. 442 is a 1-year reauthorization, it enables NASA to continue
making effective progress on its programs, including on the key systems
that will enable us to send NASA astronauts beyond low Earth orbit and
on to Mars.
The bill also provides policy direction in a number of important
areas, including astronaut health care, human spaceflight safety,
protection of Apollo lunar landing sites, orbital debris mitigation,
and facilities and infrastructure planning.
Mr. Speaker, while I support S. 442, it is not a perfect bill. It
does not directly address all of NASA's science programs, namely, earth
science and heliophysics. Those programs provide the space-based
measurements to help scientists understand the Earth's systems and
changing climate to predict space weather events, which can have
devastating impacts on our terrestrial infrastructure. At the same
time, I believe that section 501 of the bill reaffirms the importance
of maintaining a balance and adequately funded science program, which
includes astrophysics, planetary science, earth science, and
heliophysics.
In addition, while the bill reflects the House Appropriations
Subcommittee on Commerce, Justice, Science, and Related Agencies' top-
line mark of $19.5 billion for NASA for fiscal year 2017, I am
disappointed that it authorizes lower levels than the proposals of the
House Appropriations Subcommittee on Commerce, Justice, Science, and
Related Agencies for NASA's science, aeronautics, and space technology
accounts. We should be investing more, not less, in these important R&D
areas.
Mr. Speaker, we need a strong NASA, and we need to provide it with a
sustained commitment of vision, resources, and support to carry out the
challenging tasks our Nation has given it.
Before I close, I want to recognize the efforts of committee
leadership, including Chairman Lamar Smith, Space Subcommittee Chairman
Brian Babin, and the former Subcommittee Ranking Member Donna Edwards
for their work on H.R. 810, a significant portion of which is included
in this Senate bill.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this Senate
bill, the NASA Transition Authorization Act of 2017, and I reserve the
balance of my time.
Mr. BABIN. Mr. Speaker, I yield 5 minutes to the gentleman from Texas
(Mr. Smith), the chairman of the full committee.
Mr. SMITH of Texas. Mr. Speaker, I thank the chairman of the
Subcommittee on Space for yielding me time.
The National Aeronautics and Space Administration Transition
Authorization Act of 2017 provides bipartisan and bicameral guidance
for NASA as we usher in a new era of space exploration.
I support this bill and the direction it establishes for America's
space program. S. 442, which passed the Senate by unanimous consent on
February 17, includes almost all of the policy provisions from the
House authorization bills that passed the House in the last Congress
with broad bipartisan support. In fact, it authorizes the House's
proposed fiscal year 2017 funding level of $19.5 billion.
This bill provides a balanced NASA portfolio across all of the
mission directorates. It maintains congressional direction for priority
near-term programs, such as the James Webb Space Telescope, the Space
Launch System, the Orion crew vehicle, the International Space Station,
and the Commercial Crew and Cargo Programs.
NASA's exploration projects are vulnerable to changes in the
political landscape. We must have a flexible space program, but not one
that is knocked off course. Successfully combining flexibility with
constancy of purpose requires thoughtful planning.
This bill directs NASA to create a roadmap for human exploration. An
exploration roadmap will help NASA inform Congress and the President,
as well as direct the future path and tempo of exploration for decades
to come.
This legislation also looks to the future of scientific exploration.
It provides support for NASA's Mars 2020 rover, the Wide Field Infrared
Survey Telescope, and a mission to Europa, Jupiter's icy moon that
possibly harbors the building blocks of life. It establishes that one
of NASA's fundamental objectives is ``the search for life's origin,
evolution, distribution, and future in the universe.''
Toward that end, this legislation directs the NASA Administrator to
develop both an exoplanet exploration strategy and an astrobiology
strategy within 18 months after the bill is signed into law. It also
directs the NASA Administrator to report on how the Administration can
expand collaborative partnerships for these scientific endeavors.
Just 2 weeks ago, NASA announced that it had confirmed the existence
of
[[Page H1570]]
seven planets around a nearby star, three of which are in the
``habitable zone.'' This bill builds upon these awe-inspiring
discoveries and will help ``unlock the mysteries of space,'' as
President Trump said in his inaugural address.
Part of achieving success in space exploration is making sure that
NASA is not burdened with funding other agency missions. For example,
there are 17 agencies with responsibility for studying climate change,
but only 1 agency, NASA, is responsible for space exploration. This
bill directs the NASA Administrator to seek reimbursement whenever
responsibilities are transferred to NASA from another agency or when
NASA funds another agency's activities.
Finally, I would like to thank my colleague and Texas friend Dr.
Brian Babin, the chairman of the Space Subcommittee, for his work on
the TREAT Astronauts Act, which is included in this authorization.
Chairman Babin's legislation gives NASA the ability to care for our
astronauts and enhance our understanding of the effects of spaceflight
on the human body.
I would also like to thank the Science, Space, and Technology
Committee staff for their years of effort on this bill, especially the
Space Subcommittee director, Tom Hammond, who has worked diligently to
ensure that this bill became a reality. I also recognize the minority
staff who were essential to the process as well.
Mr. Speaker, I encourage my colleagues to support this bill.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 3 minutes to
the gentleman from California, (Mr. Bera), the current ranking member
of the Space Subcommittee.
Mr. BERA. Mr. Speaker, I want to thank the ranking member and the
chairman for this bill.
This bicameral and bipartisan bill that we are considering today, the
NASA Transition Authorization Act of 2017, authorizes NASA's
appropriations for the fiscal year 2017.
If enacted, the bill's provisions will provide important stability
and funding and consistent vision that we need for NASA to succeed as
they continue to make progress across disciplines of space and earth
science, in human exploration and spaceflight, innovative technologies,
biomedical research, and in aeronautics.
Mr. Speaker, NASA truly is a symbol of American excellence and
ingenuity. For NASA to continue doing the great things that it does,
including preparation for flying SLS and Orion, launching the James
Webb Space Telescope, and landing humans on Mars, it is critical that
S. 442 be enacted.
And while I would have preferred a more comprehensive outlook of
NASA's science discipline--namely, in earth science, planetary science,
astrophysics, and heliophysics--I am pleased the bill provides the
consistent policy direction our Nation's space and aeronautics programs
require and deserve. Notably, the bill sets the long-term course of
sending humans to the surface of Mars and directs NASA to provide a
human exploration roadmap outlining the capabilities and milestones
needed to achieve the goal.
In closing, Mr. Speaker, NASA's space and aeronautics programs help
maintain our competitiveness, stimulate innovation and economic growth,
and inspire the next generation to dream big and garner the skills to
turn those dreams into action.
NASA and our space program have a long history of bipartisan support.
I urge Members of the House to pass S. 442, the NASA Transition
Authorization Act of 2017.
Mr. BABIN. Mr. Speaker, I continue to reserve the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I yield 5 minutes to
the gentleman from Colorado (Mr. Perlmutter.)
Mr. PERLMUTTER. Mr. Speaker, I thank the gentlewoman, and I hope I
don't take 5 minutes.
I rise today in support of S. 442, the NASA Transition Authorization
Act of 2017.
I have long been a supporter of our Nation's space program. I have
seen what we can accomplish when we put our best and brightest in a
room together and give them the resources they need to solve tough
scientific, engineering, and mathematical problems to better our
society and our understanding of the solar system and beyond.
The bill before us today ensures the hardworking people at NASA and
the thousands of private aerospace workers in Colorado and across the
country have a constant sea of purpose and the backing of Congress to
continue advancing our quest to understand our planet and explore other
celestial bodies.
Mr. Speaker, I enjoy serving on the Science, Space, and Technology
Committee. While we may not agree on every issue, when it comes to our
space programs, we come together and find the best solutions to the
problems we face, and this bill does exactly that.
{time} 1830
As my colleagues on this committee know, I am very passionate about
getting our astronauts to the surface of Mars. This bill will require
detailed plans from NASA on how to do that and, more importantly, on
the timelines so that we can get to Mars through the development of a
human exploration roadmap.
In addition to this roadmap, section 435 of the bill also requires
NASA to report back on the feasibility of a human mission to Mars by
the year 2033. Sixteen years from now, Earth and Mars will be aligned
for what could be the most significant and inspirational journey in
history.
About 18 months ago, our committee heard testimony from former NASA
leadership about our deep space exploration missions. I asked them to
provide us a date: When can we get to Mars? As it turns out, the
planets' orbit and alignment in 2033 is optimal. So as my colleagues on
the committee know, I have prepared a bumper sticker, Mr. Speaker, just
for you, showing 2033 as the time we are going to get our astronauts to
Mars.
I thank Chairman Smith, Representative Babin, Representative Eddie
Bernice Johnson of Texas, as well as Representative Bera for allowing
me to work and to help put section 435 into the bill.
I know we can do this. This is a mission that all Americans will be
proud of. They are so proud of our space program, the scientists and
engineers at NASA. This will give us a real goal and a real project to
get our astronauts to Mars by 2033.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I have no further
requests for time on the bill.
I ask my colleagues to support this bill, and I yield back the
balance of my time.
Mr. BABIN. Mr. Speaker, I yield myself the balance of my time to
close.
I thank all of my colleagues on both sides of the aisle for their
work: our chairman, the gentleman from Texas (Mr. Smith); and also the
ranking gentlewoman from Texas (Ms. Eddie Bernice Johnson); my
counterpart on the subcommittee, Representative Bera; and also
Representative Perlmutter, the gentleman from Colorado; and all of my
fellow members on the subcommittee and our entire committee.
I take a moment to also thank our hardworking staff, and that
includes Tom Hammond, Mike Mineiro, Jonathan Charlton, Ryan Faith,
Molly Fromm, and Chris Wydler from the majority staff. I also thank
Steve Janushkowsky, Jeannie Kranz, Stuart Burns from my congressional
staff, and Allen Li and Pamela Whitney from the minority staff.
Mr. Speaker, it is because of their countless hours of hard work,
negotiation, and finding common ground that we will now send this bill
from the floor of this House of Representatives to the resolute desk of
the Oval Office to be signed into law.
Mr. Speaker, I urge passage of this bill, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Babin) that the House suspend the rules and
pass the bill, S. 442.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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